NY State Senate Bill 2015-S1590

Senate Bill S1590

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Jun 25, 2015	committed to rules
May 11, 2015	advanced to third reading
May 06, 2015	2nd report cal.
May 05, 2015	1st report cal.534
Jan 13, 2015	referred to environmental conservation

Votes

- May 5, 2015 - Environmental Conservation Committee Vote
  S1590
  
  9
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 5, 2015
      
      aye (9)
      
      Addabbo Jr.
      
      Avella
      
      Funke
      
      LaValle
      
      Latimer
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Young
      
      nay (3)
      
      Espaillat
      
      Hoylman-Sigal
      
      Serrano
      
      aye wr (1)
      
      Little

2015-S1590 (ACTIVE) - Details

See Assembly Version of this Bill:: A1893
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0347, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5684, A8288
2013-2014: S3059, A3890
2017-2018: S4817, A6312
2019-2020: S3713, A5506

2015-S1590 (ACTIVE) - Summary

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

2015-S1590 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1590

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:

2013-14 S.3059B/A.3890B;
2011-12 S.5684A/A.8288A

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

2015-S1590 (ACTIVE) - Bill Text download pdf

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

    S. 1590                                                  A. 1893

                       2015-2016 Regular Sessions

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

                            January 13, 2015
                               ___________

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.  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03078-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.