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Old 09-24-2014, 07:40 PM   #16
scubadanny99
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Re: BS ticket from DEC

you are looking at freshwater fishing regs.
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Old 09-24-2014, 10:38 PM   #17
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Re: BS ticket from DEC

You're right and I'm more confused than I was. WTF
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Old 09-25-2014, 01:08 PM   #18
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Re: BS ticket from DEC

There is legislation to correct the ambiguity of existing regulations:

http://assembly.state.ny.us/leg/?def...Text=Y&Votes=Y


http://assembly.state.ny.us/leg/?def...&Memo=Y&Text=Y
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Old 09-25-2014, 02:53 PM   #19
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Re: BS ticket from DEC

Quote:
Originally Posted by scubadanny99 View Post
you are looking at freshwater fishing regs.
Home » Outdoor Activities » Fishing » Freshwater Fishing Regulations » General Regulations

General Regulations

(Snip)

Spearfishing

The taking of fish by spear is permitted only as follows:

In Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties, suckers may be taken in any stream from January 1 through May 15.

In Montgomery County, suckers may be taken from January 1 through May 15 from Evas Kill, Flat Creek, Canajoharie Creek from the mouth to the dam one half mile above the mouth and Caroga Creek.

In Otsego County, suckers may be taken from January 1 through May 15 from Herkimer Creek, Hyder Creek, Trout (Mink) Creek, Hayden Creek from mouth to the Shipman Pond Dam, Shadow Brook, Sand Hill Creek from the mouth to Rte. 7 bridge, Otsdawa Creek from the mouth to Rte. 7 bridge and Mill Creek from the mouth to Rte. 7 bridge.

In Clinton County, bowfin, burbot, carp, freshwater drum, gar, redhorse and suckers may be taken from March 20 through September 30 from Corbeau Creek and Scomotion Creek from the mouth upstream to Beekmantown town line.

In Lake Champlain, bowfin, burbot, carp, freshwater drum, gar, redhorse and suckers may be taken from March 20 through September 30.

In Cayuga County, bullhead and sucker may be taken from January 1 through May 15 from Sterling Creek downstream of Rte. 104A, Sterling Valley Creek downstream of Rte. 104A, Eightmile Creek and Ninemile Creek.

In Franklin County, bowfin, burbot, carp, freshwater drum, gar, redhorse and suckers may be taken from March 20 through September 30 from Big Salmon River from Canada upstream to the dam at Fort Covington, Lawrence Brook from the county line upstream to County Rte. 6 west of Moira, Little Salmon River from the mouth upstream to County Rte. 32 in South Bombay, Pike Creek from Canada upstream to State Rte. 95 west of Bombay, St. Regis River from Canada upstream to the dam at Hogansburg and Farrington Brook from the mouth upstream to U.S. Rte. 11.

In the Hudson River, carp and suckers may be taken from March 20 through September 30 from Bakers Falls in the Village of Hudson Falls upstream to the confluence of Stony Creek in Warren County.

In Oswego County, bullhead and suckers may be taken from January 1 through May 15 from Grindstone Creek downstream of the dam at Fernwood, Little Salmon River downstream from the bridge at Arthur, Ninemile Creek downstream of Rte. 104A, Eightmile Creek downstream of Rte.104A, Salmon River downstream of NY Rte. 3, Red Creek or Sunset Bay Creek, Otter Branch Creek, Butterfly Creek, Sage Creek and Snake Creek.

In Wayne County, bullhead and suckers may be taken from January 1 through May 15 from Black Creek Bay and Red Creek Bay.


Spearfishing Prohibited

Spear guns are prohibited from use in the freshwaters of New York.

Spears may not be used within 275 yards of eel weirs.

Spears may not be possessed on any water in the Adirondack Park or within 200 feet of the high water mark of these waters

Possession of spears is prohibited on all waters except where the taking of fish by spear is permitted.

(Snip)

http://www.dec.ny.gov/outdoor/31416.html
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Old 09-25-2014, 06:40 PM   #20
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Re: BS ticket from DEC

Just to clarify a bit, here are the pertinent laws...

New York Codes, Rules and Regulations
40.1(g) Striped bass recreational fishing-special regulations.
(2) No person shall take striped bass for recreational purposes other than by angling and spearing.

Furthermore...

in NY Environmental Law Article 11 it states:

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

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.

The DEC is saying that "spearing" in 40.1(g) equates to "Spear" in 11-0103 which excludes "spear gun".

But realistically the rule is ambiguous at best. In fact most places it references "take with a spear" and doesn't use the term "spearing"

Furthermore in their own press release regarding illegal commercial spearfishing of striped bass the DEC uses the term "spearing" to describe what was spearfishing.

http://www.dec.ny.gov/press/93824.html

I'm also not clear on whether or not definitions from Article 11 - "Fish and Wildlife" effect Article 13 - "MARINE AND COASTAL RESOURCES" But perhaps they do. (No way I'm reading through all of it)

The hope is we can help Garrik take this to court to have the ticket overturned and set a clear precedent that recreational striped bass spearfishing is OK. However, anything could happen and a judge could decide the opposite and set a precedent that it is illegal.
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Old 10-01-2014, 09:08 AM   #21
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Re: BS ticket from DEC

Interesting statement from the legislation:

"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))."

http://assembly-mail.state.ny.us/leg...&Memo=Y&Text=Y
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Old 10-01-2014, 03:27 PM   #22
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Re: BS ticket from DEC

i think we were approched by the same dec officer this sunday at camp hero,before we went into the water.his name is mathew foster and just graduated oct 2013,so he probably has orders from higher up to enforce this vague law.he told us that only ploe spears and hawaiin slings are the only spears allowed,which seems to contradict this description
e. "Spear" means a hand-propelled single or multiple pronged pike,
blade or harpoon

according to that you are not even allowed a band.just throw a spear at the fish ,wound him and let him swim away and die.anyway i have it on good authority that the bill that just past the state senate will be signed into law in 2015.then will just have to worry about new regs to limit catch and seasons
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Old 10-01-2014, 04:56 PM   #23
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Re: BS ticket from DEC

Looking forward to clarified regulations so we can carry copies of the new regs
and "present" them as necessary..
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Old 10-01-2014, 08:46 PM   #24
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Re: BS ticket from DEC

Good luck, those current regs dont seem very fair.
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