Bill Text: NY A05179 | 2013-2014 | General Assembly | Amended

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-11-21 - signed chap.435 [A05179 Detail]

Download: New_York-2013-A05179-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5179--C
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S  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    S 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