Bill Text: NY S03823 | 2013-2014 | General Assembly | Amended

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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 (Republican 2-0)

Status: (Engrossed - Dead) 2014-06-17 - SUBSTITUTED BY A5179C [S03823 Detail]

Download: New_York-2013-S03823-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3823--C
           Cal. No. 167
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 21, 2013
                                      ___________
       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  reading,  amended
         and ordered reprinted, retaining its place in the order of third read-
         ing  --  recommitted to the Committee on Environmental Conservation in
         accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
         committee,  ordered  to  first  and  second report, ordered to a third
         reading, passed by Senate and delivered  to  the  Assembly,  recalled,
         vote  reconsidered,  restored  to  third  reading, amended and ordered
         reprinted, retaining its place in the order of third reading
       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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08356-05-4
       S. 3823--C                          2
    1    C.  EXCEPT  AS OTHERWISE PROHIBITED BY LAW, FISH MAY BE TAKEN BY SPEAR
    2  OR SPEARGUN IN THE MARINE AND COASTAL  DISTRICT  ONLY  FOR  RECREATIONAL
    3  PURPOSES.  A  SPEARGUN  MUST  BE  SUBMERGED  WHEN  USED  TO  TAKE  FISH.
    4  PROVIDED, HOWEVER, THAT NO FOOD FISH MAY BE TAKEN BY SPEAR  OR  SPEARGUN
    5  WITHIN ONE HUNDRED YARDS OF A PUBLIC BATHING AREA.
    6    S  3.  This  act shall take effect on the ninetieth day after it shall
    7  have become a law and shall expire and be deemed repealed June 1, 2017.