Home Tournaments Calendar Weather Merchandise Sponsors

Go Back   Spearboard.com - The World's Largest Spearfishing Diving Boating Social Media Forum > United States Geographical Locations > Northern Atlantic: New England States

Northern Atlantic: New England States An area for the cold water divers of the New England States.

Reply
 
Thread Tools Rate Thread Display Modes
Old 04-28-2012, 10:13 PM   #1
CTFreeDiver
Registered User
 
CTFreeDiver's Avatar
 
Join Date: Feb 2004
Location: Connecticut
Posts: 214
Exclamation Shooting Bass in NY this season?

I heard rumor that I can no longer shoot striped bass in NY.

Can anybody provide a link to the written law as it applies to this season?

CT
CTFreeDiver is offline   Reply With Quote
Old 04-28-2012, 10:36 PM   #2
lisurfer49
Registered User
 
Join Date: Jan 2012
Posts: 321
Re: Shooting Bass in NY this season?

this is what i have gathered, though there are others that are much more informed then i.

the previous laws and regs were very loosely interpreted and not well defined regarding spearfishing bass in ny. mainly in the definition of spearfishing by the NY DEM. officials had a hard time coming to a universal view and i think some spearfishermen were ticketed or hassled for spearfishing bass. they are rewriting the regulations/laws/definition and at the moment spearfishing bass is in question. the main concern regarding spearfishing is the ability for the individual to be able to determine a legal sized fish and to abide by that and the number one may posses. the law seems to have a hard time believing that we will have the ability to judge this while underwater and obviously you cannot release a fish after it has been shot. also the stains of prior individuals not abiding by the laws and regs is a factor it seems.

its a bit overwhelming and some are very involved in the whole process. hopefully it gets ruled in our favor. there is a thread about this in the mid-Atlantic section as well as on a few other sites.

if i have anything wrong please feel free to correct. i have been for the most part observing the whole issue because, as said, its a bit overwhelming.
lisurfer49 is offline   Reply With Quote
Old 04-28-2012, 11:08 PM   #3
CTFreeDiver
Registered User
 
CTFreeDiver's Avatar
 
Join Date: Feb 2004
Location: Connecticut
Posts: 214
Re: Shooting Bass in NY this season?

Ok. Thank You for that reply! It does lead me to another question.

Consider the following:
4x people on a boat near Montauk with 8-bass on the boat. A hole in every fish.

How much is the fine?

CT
CTFreeDiver is offline   Reply With Quote
Old 04-28-2012, 11:25 PM   #4
lisurfer49
Registered User
 
Join Date: Jan 2012
Posts: 321
Re: Shooting Bass in NY this season?

buddy, this issue is a fine example of why we need to abide by these regulations. a few bad individuals tarnish the image of the whole and make things difficult during issues like this to be looked at as a reputable group. as of right now the regulations say one fish from 28"-40" and one fish 40"+ are allowed to be possessed by all anglers from april 15-december 15. so as long as your fish meet those requirements you are fine. as far as i can tell you are still allowed to spear bass in ny within the limits of the regulations.

please do not come to ny waters if you are going to disregard this. there are alot of people, like i said, who are working very hard to resolve this issue. people who are going to ignore those rules with the idea of "whats XXX amount when i got 8 fish!" are going to ruin our image as hole and those types of people should not be in the water. please respect each states laws. i know the whole laws/regulations thing seems a bit absurd at times, as our whole lives seem to be defined by rules, but its something we must abide by. there are many reasons for this, its not solely for the amusement of the states government. im not sure if i took your comment the wrong way, i kind of hope i did. i apologize if i have
lisurfer49 is offline   Reply With Quote
Old 04-29-2012, 08:37 AM   #5
LIfishslayer
Registered User
 
LIfishslayer's Avatar
 
Join Date: Mar 2009
Location: LI, NY
Posts: 445
Re: Shooting Bass in NY this season?

Quote:
Originally Posted by CTFreeDiver View Post
I heard rumor that I can no longer shoot striped bass in NY.

Can anybody provide a link to the written law as it applies to this season?

CT
The NYS DEC regs state striped bass can be taken by angling or spearing. A definition of spearing taken from the freshwater section of the ECL and recently interpreted to possibly apply to the marine district is the problem. It says that the spear cannot be mechanically propelled so no spearguns. This is being reviewed by the DEC and there is a pending bill to clarify things. So as of now nothing has changed in NY.
LIfishslayer is offline   Reply With Quote
Old 04-29-2012, 10:50 AM   #6
njdiver
Registered User
 
Join Date: Nov 2003
Location: Jersey shore
Posts: 619
Re: Shooting Bass in NY this season?

Chapter I - Fish and Wildlife

Part 40: Marine Fish

40.1 Marine fish-open seasons, size and catch limits.

(Snip)

(g) Striped bass recreational fishing-special regulations.

(1) Except as provided in subparagraph 4(v) below, it is unlawful for any person to possess striped bass from which the head or tail has been removed or that have been otherwise cleaned, cut, filleted or skinned so that the total length or identity cannot be determined; except that it is not unlawful if such fish is being prepared for immediate consumption or storage at a domicile or place of residence.

(2) No person shall take striped bass for recreational purposes other than by angling and spearing.

(3) During the closed recreational season for striped bass, catch and release fishing by angling only is permitted. Catch and release fishing is defined as a fishery where the fish are returned to the water. During the closed season all striped bass taken shall be returned to the water immediately without unnecessary injury.

(Snip)

http://www.dec.ny.gov/regs/4015.html#12913


N.Y. ENV. LAW 11-0103 : NY Code - Section 11-0103: Definitions

As used in the Fish and Wildlife Law:

(Snip)

12. a. "Fishing" means the taking, killing, netting, capturing or withdrawal of fish from the waters of the state by any means, including every attempt to take and every act of assistance to any other person in taking or attempting to take fish.

(Snip)

e. "Spear" means a hand-propelled single or multiple pronged pike, blade or harpoon, and does not include the mechanically propelled device commonly called a spear gun or under-water gun.

(Snip)

http://codes.lp.findlaw.com/nycode/ENV/11/1/11-0103
__________________
Rather be diving!
njdiver is offline   Reply With Quote
Old 04-29-2012, 12:16 PM   #7
snackrifice
Aquarobot Powered by Fish
 
snackrifice's Avatar
 
Join Date: May 2008
Location: Squalor, CT
Posts: 1,349
Re: Shooting Bass in NY this season?

Thanks for the update Ed, it is appreciated.
__________________

www.tristateskindivers.com
snackrifice is offline   Reply With Quote
Old 04-29-2012, 06:33 PM   #8
lidiver
Registered User
 
Join Date: Jul 2006
Location: Long Island, NY
Posts: 844
Re: Shooting Bass in NY this season?

The fine is $500 per offence. Every fish that is subject to an offence is taken away. So far we didn't hear about new instructions about how the law is interpreted meaning we'll move on as in the previous years.

It is more important than ever for everybody to follow the law. In NY you can take on fish between 28" and 40" and one over 40".

A few more details that are crystal clear and enforced:
1. The 2 fish quota is for "what you can land in 24 hours". It is not limited to "what you poses". Transfer at sea is illegal: you cannot catch your two fish, then give one to another boat that is nearby and less lucky, and go back to catch a third.
2. The landed fish is "per fishermen", and not an average per person on the boat. You cannot use "warm bodies" on the boat that are not fishing to increase the fish count of one fisherman. If you have 4 people on the boat but only 2 are actively fishing, then you can land (and poses) only the 4 fish for the 2 fishemen.
3. As long as you are at sea you cannot clean the fish (unless you are a party boat and even then you have to keep the carcas). Strictly from the law perspective you are not allowed to clean it even at the dock or boat ramp - you are supposed to clean it "at your residence". I didn't really see this one enforced but you never know.


Stefan
lidiver is offline   Reply With Quote
Old 04-29-2012, 06:56 PM   #9
Kevin Sheets
Registered User
 
Join Date: Mar 2006
Location: Bristol RI
Posts: 3,135
Re: Shooting Bass in NY this season?

Wtf kinda Nazi State do you guys live in? That is the most surd and impossible regulation ever!! What about other species? No wonder you like coming to RI.
Kevin Sheets is offline   Reply With Quote
Old 04-30-2012, 06:04 AM   #10
Toghunter12
Registered User
 
Join Date: May 2011
Location: Westerly R.I
Posts: 304
Re: Shooting Bass in NY this season?

Just another reason I love ri I was gonna complain about them shutting down tog for July again but after hearing bout ct and ny I love ri u guys should all send Ur unwatwr videos to deep to acrually show them how much fish we see down there they set these rules so diferent from ct to ri its dumb
Toghunter12 is offline   Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 09:37 PM.


The World's Largest Spearfishing Diving Social Media Forum Powered by vBulletin® Version 3.8.1
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Copyright ©2002 - 2014 Spearboard.com