Bill S3059B-2013

Allows the use of spears, spearguns and underwater guns in commercial and recreational bass fishing

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

Details

Actions

  • Mar 27, 2014: referred to environmental conservation
  • Mar 27, 2014: DELIVERED TO ASSEMBLY
  • Mar 27, 2014: PASSED SENATE
  • Jan 28, 2014: ADVANCED TO THIRD READING
  • Jan 27, 2014: 2ND REPORT CAL.
  • Jan 23, 2014: 1ST REPORT CAL.40
  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 3, 2013: referred to environmental conservation
  • Jun 3, 2013: DELIVERED TO ASSEMBLY
  • Jun 3, 2013: PASSED SENATE
  • May 30, 2013: AMENDED ON THIRD READING 3059B
  • Apr 22, 2013: ADVANCED TO THIRD READING
  • Apr 22, 2013: AMENDED 3059A
  • Apr 17, 2013: 2ND REPORT CAL.
  • Apr 16, 2013: 1ST REPORT CAL.284
  • Jan 29, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Jan 23, 2014
Ayes (7): Grisanti, LaValle, Little, Marcellino, Maziarz, O'Mara, Young
Ayes W/R (3): Avella, Latimer, Tkaczyk
Nays (2): Espaillat, Serrano

Memo

BILL NUMBER:S3059B

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. 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 chambers.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 3059--B A. 3890--B Cal. No. 284 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 -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading -- again amended and ordered reprinted, retain- ing its place in the order of third reading IN ASSEMBLY -- 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 amend- ments, ordered reprinted as amended and recommitted to said committee 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. FOR THE PURPOSES OF THIS SUBDIVISION, "SPEARGUN" AND "UNDER- WATER GUN" MEANS ANY SPEARGUN THAT STORES POTENTIAL ENERGY PROVIDED FROM THE SPEARFISHER'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 TO IT FROM SUCH DIVER'S OWN MUSCLES. COMMON TEMPORARY ENER- GY STORING DEVICES FOR SPEARGUNS SHALL INCLUDE, BUT NOT BE LIMITED TO: RUBBER BANDS, SPRINGS, AND SEALED AIR CHAMBERS. S 2. This act shall take effect immediately.

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