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

1 Co-sponsor

• Kenneth P. LaValle

BILL NUMBER:S3823C

Title of bill

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

Purpose or general idea of bill

Allows recreational spearfishing in New York's marine and coastal waters.

Summary of specific provisions

Subdivision 1 of Section 11-0103 of the Environmental Conservation Law is amended by adding a new paragraph f to-provide a definition for "speargun" and "under-water gun". Spearguns and under-water guns may only be used while submerged under the water, and such guns may only release the amount of energy that the diver has provided to it from such diver's own muscle.

Subdivision 1 of Section 11-1301 of the Environmental Conservation Law is amended by adding a new paragraph c to expand the species of fish that may be taken recreationally by spear, speargun or spearing in the marine and coastal district. However, no fish may be taken by speargun or under-water gun within 100 yards of a public bathing area.

Justification

Spearfishing with spearguns has been an active form of fishing in Long Island waters for over 60 years. Those experienced in the sport have received intensive training, Possess advanced certifications and are extremely mindful and observant of underwater ecosystems.

Spearfishing has a comparatively low impact on the New York Fishery and mortality is well below accepted levels based on the Marine Recreational Information Program data source. It 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. This type of fishing does not create any secondary environmental impacts resulting from sources such as discarded fishing lines and hooks which, left behind or inappropriately discarded, may threaten both marine wildlife and humans alike.

Existing New York State Department of Environmental Conservation (NYSDEC) regulations currently allows the use of spearguns for the recreational taking of striped bass (6 N.Y.C.R.R. Section 40.1(g)(2)). This legislation would also permit fish of the sea to be taken recreationally by spear, speargun or spearing in the marine and coastal district, but would restrict any taking within 100 yards of a designated and marked public bathing area, as is done in the state of Florida. It also provides a clear definition of "speargun" and "under-water gun" which has been developed by the Underwater. Society of America for muscle-powered guns.

Prior legislative history

2012: A.10109

Fiscal implications

None.

Effective date

On the 90th day with provisions.