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Old 05-16-2012, 07:05 AM   #1
Hunt n Fish
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New NY Bill to Make Spearguns Legal to Take All Marine Fish

Hi Guys,

One of the members on Noreast posted this earlier this morning, and I thought it may be more pertinent here:




Quote:
Originally Posted by CDNY
Way to go Assemblyman Fred Thiele!

I just got this email this morning from Northeast Dive News

Quote:
Originally Posted by NE Dive News
Hi Folks,

Most New York area divers are probably aware that over the last year there has been quite a bit of confusion, and the usual internet chatter, regarding New York State spearfishing laws. Scrutiny of existing law came as the result of new legislation that was introduced pertaining to Striped Bass spearfishing only, and in the process of examining existing law it was discovered that current regulations are practically impossible to interpret. While it seems clear that spearfishing for gamefish in NY waters is perfectly legal, there is a gray area surrounding the use of spearguns, so much so that the NYSDEC has not been willing to issue a formal statement as to the legality of their use. While there are currently no enforcement efforts being made, there have also been no apparent efforts to clarify the regulations.

Considering the 60 plus year history of spearfishing with spearguns in NY State and elsewhere, and the fact that spearfishing is considered to be the most environmentally friendly method of harvesting fish, with virtually no by-catch or unwanted mortality, we decided that it was time to make an effort to clarify the regulations and protect spearfisher's rights, once and for all.

We approached New York State Assemblyman Fred Thiele and explained the situation, and we were pleasantly surprised to find that he was already aware of our predicament, and more important, he was eager to help. He asked us point blank what would make us happy, a very simple question to answer. All we wanted was a new law that made it quite clear that spearguns were legal to recreationally harvest all species of marine gamefish in New York. All other regulations pertaining to size and season would remain exactly the same as those pertaining to our brothers and sisters using a rod and reel. Working with Assemblyman Thiele's Executive Assistant Laura Stephenson, we crafted a new Bill that would do just that, and we are pleased to announce that Assemblyman Thiele recently introduced Bill A10109 in the New York State Assembly.

This is great news for the entire dive community, from us divers to the businesses that survive by providing us support, from dives shops and dive charter boats to equipment manufacturers. But it does not mean that our work is done, not by a long shot. Having a Bill introduced in the Assembly is just the beginning of the process, and we need your help to push this down the road. At this time we need the dive community to rally 'round and help us find a sponsor in the New York State Senate, and to make your voice heard by all of your elected officials. At some point in the future this Bill will come up for a vote, and our efforts will be critical in determining its success.

You can use these links to find the contact information for your elected officials. Please get in touch with them as soon as possible and let them know that protecting a diver's right to use a speargun is important to you. Original mailed letters are the most effective way to do so, but if your schedule will not allow you to do this then emails and phone calls are effective too. If all else fails you could simply forward this email to your State Representatives in the Assembly and the Senate, I'm sure that they will get the idea.


New York State Senate



New York State Assembly


For more information, see our feature article in the June issue of Northeast Dive News

Here is the text of Bill A10109:

Quote:
Originally Posted by Assemb. F. Thiele
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Environmental Conservation

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

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, 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. SUCH GUN
6 MAY ONLY RELEASE THAT AMOUNT OF ENERGY THAT THE DIVER HAS PROVIDED TO IT
7 FROM SUCH DIVER'S OWN MUSCLES. COMMON TEMPORARY ENERGY STORING DEVICES
8 FOR SPEARGUNS SHALL INCLUDE, BUT NOT BE LIMITED TO: RUBBER BANDS,
9 SPRINGS, AND SEALED AIR CHAMBERS.
10 S 2. Subdivision 1 of section 11-1301 of the environmental conserva-
11 tion law is amended by adding a new paragraph c to read as follows:
12 C. MIGRATORY FOOD FISH OF THE SEA MAY BE TAKEN RECREATIONALLY BY
13 SPEAR, SPEARGUN OR SPEARING IN THE MARINE AND COASTAL DISTRICT.
14 S 3. This act shall take effect immediately.

It's really nice to see when a legislator recognizes the failure of the DEC to respond to the needs of the regulated community and responds in kind to PROTECT OUR RIGHTS! Thank you once again Fred Thiele!


CD
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Old 05-16-2012, 08:35 AM   #2
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

great work, thank you!
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Old 05-16-2012, 08:44 AM   #3
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

Nice!

On a side note anyone find it odd that Thiele is willing and eager to help sportsmen on this matter but introduced legislation to increase legal hunting distance to 1000 feet?
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Old 05-16-2012, 08:47 AM   #4
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Thumbs up Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

Great Day!!
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Old 05-16-2012, 11:04 AM   #5
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

Chris thanks for keeping us updated. Fred Thiele will be getting my vote in every election he runs in.
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Old 05-16-2012, 11:09 AM   #6
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

I need to move back to LI ....
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Old 05-16-2012, 11:24 AM   #7
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

What a relief. Big thanks to all who were working with this.
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Old 05-16-2012, 01:20 PM   #8
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

Kudos to Bill and the group who worked closely with MRAC and the legislators to draft the new bill!

Now it is our turn - if those guys were able to put tens if not hundreds of hours in meetings, driving around LI at all hours, taking time off from work and so on then let's hope that each member of this community will find 10 minutes to write a letter.

BTW I would help if the RI and CT boys that show up at the Hellenic send a similar letter to Assemblyman Thiele with the rough idea that through such initiative the tourism and local business will benefit not only from locals but also from out of state spearos.

Stefan

Last edited by lidiver; 05-16-2012 at 05:34 PM.
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Old 05-16-2012, 02:45 PM   #9
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

great call
email letters to:

ThieleF@assembly.state.ny.us
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Old 05-16-2012, 08:18 PM   #10
Hunt n Fish
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

Guys,

Remember that Assemblyman Thiele is already on board with this bill. His office drafted it.

Expressing support to him is good, but right now, this bill needs support from other Assemblymen and even moreso, Senators, because it still needs a sponsor in the Senate for the next session.

It's important to contact YOUR state senator and assemblymen. Because if you send it to one that is not in your district, they just forward it to the appropriate district anyway.

Chris
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Old 05-17-2012, 09:38 AM   #11
LIfishslayer
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

Quote:
Originally Posted by Hunt n Fish View Post
Guys,

Remember that Assemblyman Thiele is already on board with this bill. His office drafted it.

Expressing support to him is good, but right now, this bill needs support from other Assemblymen and even moreso, Senators, because it still needs a sponsor in the Senate for the next session.

It's important to contact YOUR state senator and assemblymen. Because if you send it to one that is not in your district, they just forward it to the appropriate district anyway.

Chris
Good to know, Thanks. Sen LaValle is in my district so he will be recieving a letter very shortly.
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Old 06-02-2012, 08:29 PM   #12
Hunt n Fish
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Re: New NY Bill to Make Spearguns Legal to Take All Marine Fish

Here is the information to contact the State Senators on the Senate Environmental Conservation Committee.

*Senate Environmental Conservation Committee*

Senator Mark Grisanti (R-60), Chairman
518-455-3240
grisanti@nysenate.gov

Senator Tony Avella (D-11)
518-455-2210
avella@nysenate.gov

Senator Adriano Espaillat (D-31)
518-455-2041
espailla@nysenate.gov

Senator Owen H. Johnson (R-4)
518-455-3411
ojohnson@nysenate.gov

Senator Kenneth P. LaValle (R-1)
518-455-3121
lavalle@nysenate.gov

Senator Betty Little (R-45)
518-455-2811
little@nysenate.gov

Senator Carl L Marcellino (R-5)
518-455-2390
marcelli@senate.state.ny.us

Senator George D. Maziarz (R-62)
518-455-2024
maziarz@nysenate.gov

Senator Thomas F. O'Mara (R-53)
518-455-2091
omara@nysenate.gov

Senator Suzi Oppenheimer (D-37)
518-455-2031
oppenhei@senate.state.ny.us

Senator Bill Perkins (D-30)
518-455-2441
perkins@senate.state.ny.us

Senator Jose M. Serrano (D-28 )
518-455-2795
serrano@senate.state.ny.us

Senator Andrea Stewart-Cousins (D-35)
518-455-2585
scousins@senate.state.ny.us

Senator Catharine Young (R-57)
518-455-3563
cyoung@senate.state.ny.us=20

Let them all know you support this bill.

Chris
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