New Spearfishing Regulations in New York

[Island Diving]

I wanted to let everyone know that the spearfishing Bill that we have been working on has been signed by the Governor and takes effect in 90 days. In a nutshell, it legalizes the uses of spearguns to take all marine fishes in accordance with state fishing regulations. Here's the official Press Release:

[FONT=&amp]For Immediate Release[/FONT]
[FONT=&amp]November 23, 2014[/FONT]
[FONT=&amp]Press Contact: Jennifer DiSiena [/FONT]
[FONT=&amp](631) 585-0608 [/FONT][FONT=&amp] or [/FONT][FONT=&amp]disiena@nysenate.gov[/FONT]

[FONT=&amp]Outgoing Third District Senator Zeldin Announces Signing of Bill to Permit Recreational Spearfishing in NY[/FONT]​

[FONT=&amp]ALBANY—Outgoing Third District Senator Lee Zeldin (R, C, I—Shirley) announced today that his bill to expand recreational fishing on Long Island was signed into law.[/FONT][FONT=&amp]The bill, S. 3823, expands recreational spearfishing in New York's marine and coastal waters. [/FONT] [FONT=&amp] "Fishing is a popular pastime here on Long Island and spearfishing is just one of the many forms of recreational fishing," said Senator Zeldin. "I am proud to have introduced this legislation in the Senate, along with Assemblyman Thiele in his chamber, to permit spearfishing for New Yorkers. I thank Governor Cuomo and my colleagues in the legislature for supporting this commonsense measure."

[/FONT]

[FONT=&amp] Assemblyman Fred W. Thiele, Jr., the Assembly sponsor of the legislation noted, “It was a pleasure working with Senator Zeldin and the recreational spearfishing community to help clarify that the use of spearguns is allowed for the recreational taking of marine gamefish in New York. Through this bill we were able to help better define this sport and provide for protections.”[/FONT]


[FONT=&amp] Bill Pfeiffer, editor of Northeast Dive News and retired president of the Long Island Divers Association said, “I would like to thank Assemblyman Thiele and Senator Zeldin, who were happy to meet with us and listen to our concerns. I also want to thank all of the divers and supporters who worked so hard behind the scenes to make sure the bill was passed. Spearfishing is the most selective and environmentally conscious form of harvest of marine fishes, and we are thrilled that we can continue to do so without fear of prosecution. This is truly a great day for New York divers and the environment.”[/FONT]

[FONT=&amp]The bill becomes effective 90 days after being signed into law.[/FONT]

 

[Kharon]

...[FONT=&amp] that the use of spearguns is allowed for the recreational taking of marine gamefish in New York.[/FONT]

We get striped bass all the way to the Troy dam and they are a marine gamefish. All marine regulations apply. Does this mean that I can spear them in the tidal Hudson River? I sure hope not. Then again I wouldn't expect politicians to think things through to that level. Unintended consequences are rampant because of some pol's "good idea".

 

[Basking Ridge Diver]

We get striped bass all the way to the Troy dam and they are a marine gamefish. All marine regulations apply. Does this mean that I can spear them in the tidal Hudson River? I sure hope not. Then again I wouldn't expect politicians to think things through to that level. Unintended consequences are rampant because of some pol's "good idea".

How I read it is this - "[FONT=&amp]expands recreational spearfishing in New York's marine and coastal waters" - I don't believe (but some folks will interpret) that tidal waters are marine.... But in my reading and understanding the intent - I do not believe the tidal waters of the Hudson River or any river would be in that Bill. [/FONT]

So the question begs how far into a river/bay is considered marine or coastal waters?

 

[wgw04024]

Do people think it's going to be easy to spearfish in the mouth of a river? The current, the visibility?

 

[njdiver1]

Environmental Conservation

§ 11-1301. General provisions.

1. Except as specifically provided in this article or in article 13, or any regulation adopted pursuant thereto:

a. No fish, other than migratory food fish of the sea in the marine and coastal district, shall be taken except by angling.

b. Fish named by regulation adopted pursuant to section 11-1303 of this title shall be taken only during the open seasons specified in such order and only if they are within the minimum size limits established by such regulation. *

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.

* NB Effective February 19, 2015
* NB Repealed June 1, 2017

(Snip)

§ 11-0103. Definitions. As used in the Fish and Wildlife Law:

1. a. "Fish" means all varieties of the super-class Pisces.

b. "Food fish" means all species of edible fish and squid (cephalopoda).

c. "Migratory fish of the sea" means both catadromous and anadromous species of fish which live a part of their life span in salt water streams and oceans.

d. "Fish protected by law" means fish protected, by law or by regulations of the department, by restrictions on open seasons or on size of fish that may be taken.

e. Unless otherwise indicated, "Trout" includes brook trout, brown trout, red-throat trout, rainbow trout and splake. "Trout", "landlocked salmon", "black bass", "pickerel", "pike", and "walleye" mean respectively, the fish or groups of fish identified by those names, with or without one or more other common names of fish belonging to the group. "Pacific salmon" means coho salmon, chinook salmon and pink salmon.

* 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.

* NB Effective February 19, 2015
* NB Repealed June 1, 2017

(Snip)

http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: