Assembly Bill A5179

Signed By Governor
2013-2014 Legislative Session

Allows recreational spearfishing in New York's marine and coastal waters; and provides for the repeal of such provisions upon expiration thereof

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Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-A5179 - Details

See Senate Version of this Bill:
S3823
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103 & 11-1301, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10109

2013-A5179 - Summary

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.

2013-A5179 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3823                                                  A. 5179

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 21, 2013
                               ___________

IN  SENATE  --  Introduced  by  Sens.  ZELDIN, LAVALLE -- read twice and
  ordered printed, 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
  defining  spearguns  and  allowing  recreational  spearfishing  in New
  York's marine and coastal waters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  11-0103 of the environmental
conservation law is amended by adding a  new  paragraph  f  to  read  as
follows:
  F.  "SPEARGUN"  AND  "UNDER-WATER  GUN" MEANS ANY SPEARGUN THAT STORES
POTENTIAL ENERGY PROVIDED FROM THE SPEARFISHER'S MUSCLES ONLY.  SUCH GUN
MAY ONLY RELEASE THAT AMOUNT OF ENERGY THAT THE DIVER HAS PROVIDED TO IT
FROM SUCH DIVER'S OWN MUSCLES. COMMON TEMPORARY ENERGY  STORING  DEVICES
FOR  SPEARGUNS  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO:   RUBBER BANDS,
SPRINGS, AND SEALED AIR CHAMBERS.
  S 2. Subdivision 1 of section 11-1301 of the  environmental  conserva-
tion law is amended by adding a new paragraph c to read as follows:
  C.  MIGRATORY  FOOD  FISH  OF  THE  SEA MAY BE TAKEN RECREATIONALLY BY
SPEAR, SPEARGUN OR SPEARING IN THE MARINE AND COASTAL DISTRICT.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08356-01-3

2013-A5179A - Details

See Senate Version of this Bill:
S3823
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103 & 11-1301, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10109

2013-A5179A - Summary

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.

2013-A5179A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3823--A                                            A. 5179--A
    Cal. No. 286

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 21, 2013
                               ___________

IN  SENATE  --  Introduced  by  Sens.  ZELDIN, LAVALLE -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

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

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  11-0103 of the environmental
conservation law is amended by adding a  new  paragraph  f  to  read  as
follows:
  F.  "SPEARGUN"  AND  "UNDER-WATER  GUN" MEANS ANY SPEARGUN THAT STORES
POTENTIAL ENERGY PROVIDED FROM THE SPEARFISHER'S MUSCLES ONLY.  SUCH GUN
MAY ONLY RELEASE THAT AMOUNT OF ENERGY THAT THE DIVER HAS PROVIDED TO IT
FROM SUCH DIVER'S OWN MUSCLES. COMMON TEMPORARY ENERGY  STORING  DEVICES
FOR  SPEARGUNS  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO:   RUBBER BANDS,
SPRINGS, AND SEALED AIR CHAMBERS.
  S 2. Subdivision 1 of section 11-1301 of the  environmental  conserva-
tion law is amended by adding a new paragraph c to read as follows:
  C.  FOOD FISH MAY BE TAKEN RECREATIONALLY BY SPEAR, SPEARGUN OR SPEAR-
ING IN THE MARINE AND COASTAL DISTRICT.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08356-02-3

2013-A5179B - Details

See Senate Version of this Bill:
S3823
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103 & 11-1301, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10109

2013-A5179B - Summary

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.

2013-A5179B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3823--B                                            A. 5179--B
    Cal. No. 286

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 21, 2013
                               ___________

IN  SENATE  --  Introduced  by  Sens.  ZELDIN, LAVALLE -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report -- reported favorably from said committee to third read-
  ing, amended and ordered reprinted, retaining 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
  defining  spearguns  and  allowing  recreational  spearfishing  in New
  York's marine and coastal waters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  11-0103 of the environmental
conservation law is amended by adding a  new  paragraph  f  to  read  as
follows:
  F.  "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 ENERGY STORING  DEVICES  FOR  SPEARGUNS  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO:  RUBBER BANDS, SPRINGS, AND SEALED AIR
CHAMBERS.
  S 2. Subdivision 1 of section 11-1301 of the  environmental  conserva-
tion law is amended by adding a new paragraph c to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

2013-A5179C (ACTIVE) - Details

See Senate Version of this Bill:
S3823
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103 & 11-1301, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10109

2013-A5179C (ACTIVE) - Summary

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.

2013-A5179C (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. Subdivision 1  of  section  11-0103  of  the  environmental
conservation  law  is  amended  by  adding  a new paragraph f to read as
follows:
  F. "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  ENERGY  STORING DEVICES FOR SPEARGUNS SHALL
INCLUDE, BUT NOT BE LIMITED TO:  RUBBER BANDS, SPRINGS, AND  SEALED  AIR
CHAMBERS.
  S  2.  Subdivision 1 of section 11-1301 of the environmental conserva-
tion law is amended by adding a new paragraph c to read as follows:
  C. EXCEPT AS OTHERWISE PROHIBITED BY LAW, FISH MAY BE TAKEN  BY  SPEAR
OR  SPEARGUN  IN  THE  MARINE AND COASTAL DISTRICT ONLY FOR RECREATIONAL
PURPOSES.  A  SPEARGUN  MUST  BE  SUBMERGED  WHEN  USED  TO  TAKE  FISH.
PROVIDED,  HOWEVER,  THAT NO FOOD FISH MAY BE TAKEN BY SPEAR OR SPEARGUN
WITHIN ONE HUNDRED YARDS OF A PUBLIC BATHING AREA.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law and shall expire and be deemed repealed June 1, 2017.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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