A01893 Summary:

BILL NO    A01893 

SAME AS    
SAME AS UNI. S01590

SPONSOR    Thiele

COSPNSR    

MLTSPNSR   

Amd S13-0347, En Con L

Allows the use of spears, spearguns and underwater guns in commercial and
recreational bass fishing.
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A01893 Actions:

BILL NO    A01893 

01/13/2015 referred to environmental conservation
01/06/2016 referred to environmental conservation
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A01893 Votes:

There are no votes for this bill in this legislative session.
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A01893 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1893
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to the use of spears, spearguns or underwater guns in recre- ational and commercial bass fishing   PURPOSE: Allows the use of spears, spear guns and underwater guns in commercial and recreational bass fishing.   SUMMARY OF PROVISIONS: Section 13-0347 of the environmental Conservation Law is amended by adding a new subdivision 5 to authorize the taking of striped bass by the use of spears, spear guns or underwater guns for recreational and commercial purposes. Defines for the purpose of this subdivision, the meaning of "spear gun" and "underwater gun" as any spear gun that stores potential energy provided from the spear fisher's muscles only and is used while submerged under the water. Such gun may only release that amount of energy that the diver has provided it from such diver's own muscles. Common temporary energy storing devices for spear guns shall include but not be limited to rubber band, springs and sealed air cham- bers.   JUSTIFICATION: Existing New York State Department of Environmental Conservation (NYSDEC) regulations (6.N.Y.C.R.R Section 40.1(j) (22)) currently prohibit the use of spear guns in commercial striped bass fishing. However, NYSDEC currently allows the use of spear guns for the recre- ational taking of striped bass (6 N.Y.C.R.R Section 40.1 (g) (2)). More so, NYSDEC currently allows spear-fishing in the commercial harvest of other fish species. Spear-fishing is an extremely selective method of fishing as only the target species is harvested, resulting in much lower by-catch yields. Spear-fishing also supplies in a fresher, less bruised, higher-valued product as it can be harvested from the water immediately.   LEGISLATIVE HISTORY: 2013-14 S.3059B/A.3890B; 2011-12 S.5684A/A.8288A   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A01893 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1590                                                  A. 1893
 
                               2015-2016 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 13, 2015
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
 
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation  to  the
          use  of  spears,  spearguns  or  underwater  guns  in recreational and
          commercial bass fishing
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  13-0347 of the environmental conservation law is
     2  amended by adding a new subdivision 5 to read as follows:
     3    5. The taking of striped bass by  the  use  of  spears,  spearguns  or
     4  underwater  guns  shall  be  authorized  for recreational and commercial
     5  purposes.  For the purposes of this subdivision, "speargun" and  "under-
     6  water gun" means any speargun that stores potential energy provided from
     7  the  spearfisher's  muscles  only  and is used while submerged under the
     8  water. Such gun may only release that amount of energy  that  the  diver
     9  has provided to it from such diver's own muscles. Common temporary ener-
    10  gy  storing  devices for spearguns shall include, but not be limited to:
    11  rubber bands, springs, and sealed air chambers.
    12    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03078-01-5
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