Allows the use of spears, spearguns and underwater guns in commercial and recreational bass fishing.
TITLE OF BILL: 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
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.
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 recreational 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: 2011-12 S.5684A/A.8288A
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 3059 A. 3890 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y January 29, 2013 ___________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: Section 1. Section 13-0347 of the environmental conservation law is amended by adding a new subdivision 5 to read as follows: 5. THE TAKING OF STRIPED BASS BY THE USE OF SPEARS, SPEARGUNS OR UNDERWATER GUNS SHALL BE AUTHORIZED FOR RECREATIONAL AND COMMERCIAL PURPOSES. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08077-01-3