Allows recreational spearfishing in New York's marine and coastal waters; defines "spear gun" and "under-water gun" and provides for the repeal of such provisions upon expiration thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5179C
SPONSOR: Thiele TITLE OF BILL: An act to amend the environmental conservation law, in
relation to defining spearguns and allowing recreational spearfishing in
New York's marine and coastal waters; and providing for the repeal of
such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
Allows recreational spearfishing in New York's marine and coastal
waters.
SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 1 of Section 11-0103 of the Environmental Conservation Law
is amended by adding a new paragraph f to provide a definition for
"speargun" and "under-water gun". Spearguns and under-water guns may
only be used while submerged under the water, and such guns may only
release the amount of energy that the diver has provided to it from such
diver's own muscle.
Subdivision 1 of Section 11-1301 of the Environmental Conservation Law
is amended by adding a new paragraph c to expand the species of fish
that may be taken recreationally by spear or speargun in the marine and
coastal district. However, no fish may be taken by spear or speargun
within 100 yards of a public bathing area.
JUSTIFICATION:
Spearfishing with spearguns has been an active form of fishing in Long
Island waters for over 60 years. Those experienced in the sport have
received intensive training, possess advanced certifications and are
extremely mindful and observant of underwater ecosystems.
Spearfishing has a comparatively low impact on the New York Fishery and
mortality is well below accepted levels based on the Marine Recreational
Information Program data source. It is an extremely selective method of
fishing as only the target species is harvested, resulting in much lower
by-catch yields. Spearfishing also supplies in a fresher, less bruised,
higher-valued product as it can be harvested from the water immediately.
This type of fishing does not create any secondary environmental impacts
resulting from sources such as discarded fishing lines and hooks which,
left behind or inappropriately discarded, may threaten both marine wild-
life and humans alike.
Existing New York State Department of Environmental Conservation
(NYSDEC) regulations currently allows the use of spearguns for the
recreational taking of striped bass (6 N.Y.C.R.R. Section 40.1(g)(2)).
This legislation would also permit fish of the sea to be taken recrea-
tionally by spear or speargun in the marine and coastal district, but
would restrict any taking within 100 yards of a public bathing area, as
is done in the state of Florida. It also provides a clear definition of
"speargun" and "under-water gun" which has been developed by the Under-
water Society of America for muscle-powered guns.
PRIOR LEGISLATIVE HISTORY:
2012: A.10109
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Effective ninetieth day after it shall have become a law and shall
expire and be deemed repealed June 1, 2017.
STATE OF NEW YORK
________________________________________________________________________
5179--C
2013-2014 Regular Sessions
IN ASSEMBLY
February 21, 2013
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Environmental Conservation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- recommitted to the
Committee on Environmental Conservation in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
defining spearguns and allowing recreational spearfishing in New
York's marine and coastal waters; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 11-0103 of the environmental
2 conservation law is amended by adding a new paragraph f to read as
3 follows:
4 f. "Speargun" and "under-water gun" means any speargun that stores
5 potential energy provided from the spearfisher's muscles only and is
6 used while submerged under the water. Such gun may only release that
7 amount of energy that the diver has provided to it from such diver's own
8 muscles. Common temporary energy storing devices for spearguns shall
9 include, but not be limited to: rubber bands, springs, and sealed air
10 chambers.
11 § 2. Subdivision 1 of section 11-1301 of the environmental conserva-
12 tion law is amended by adding a new paragraph c to read as follows:
13 c. Except as otherwise prohibited by law, fish may be taken by spear
14 or speargun in the marine and coastal district only for recreational
15 purposes. A speargun must be submerged when used to take fish.
16 Provided, however, that no food fish may be taken by spear or speargun
17 within one hundred yards of a public bathing area.
18 § 3. This act shall take effect on the ninetieth day after it shall
19 have become a law and shall expire and be deemed repealed June 1, 2017.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08356-05-4
