senate Bill S7055

Amended

Relates to the taking of fish for commercial purposes

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / Apr / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 15 / May / 2012
    • 1ST REPORT CAL.761
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2012
    • AMENDED ON THIRD READING 7055A
  • 20 / Jun / 2012
    • PASSED SENATE
  • 20 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to the taking of fish for commercial purposes.

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Bill Details

See Assembly Version of this Bill:
A9959
Versions:
S7055
S7055A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0349, En Con L

Votes

12
0
12
Aye
0
Nay
1
aye with reservations
0
absent
1
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S7055

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
taking of fish for commercial purposes

PURPOSE OR GENERAL IDEA OF BILL:
This legislation relates to the taking of food fish, shellfish, or crus-
tacea from the waters of the marine and coastal district for commercial
purposes using certain commercial fishing vessels that were replaced
after January 1, 2004.

SUMMARY OF SPECIFIC PROVISIONS:
Section 13-0349 of the Environmental Conservation Law is amended by
adding a new subdivision 4.

JUSTIFICATION:
On July 23, 1997 a law was enacted in New York State that restricted the
length of commercial fishing vessels used to take fish, squid, crabs,
lobsters, oysters, scallops and all types of clams and mussels from New
York's marine and coastal district (waters within three nautical miles
from the coast line and all tidal waters within the state) to no longer
than 70 feet in registered length. The intent of limiting New York State
fishing permits to those vessels 70 feet or less came at a time when
many traditional offshore fishing areas were being closed or restricted
to very short seasons. It was designed to prevent large out-of-state
vessels from obtaining permits.

When the law was enacted in 1997, vessels over 70 feet fishing New
York's waters prior to 1997 were grandfathered in, but no provisions
were made to allow for the replacement of these vessels. To address this
situation, Chapter 485 of the Laws of 2010 was enacted to exempt commer-
cial fishing vessels that replaced grandfathered in vessels from the 70
foot restriction in order to continue to take food fish, shellfish, or
crustacea from the waters of the marine and coastal district for commer-
cial purposes. It required the Department of Environmental Conservation
to publish a list of commercial vessels that were used to fish in New
York State waters before July 1, 1997 in a licensed commercial fishery
that are exempt from the 70 foot limit. Those vessels on such published
list would be permitted to be replaced one time with a new vessel of up
to ten percent longer than the vessel's registered length without loss
of the length exemption. It further provided that all vessels of sixty-
three feet or greater registered length may be replaced one time by a
new vessel of up to ten percent greater registered length.

While the replacement length exemption law went into effect on September
17, 2010, the list of boats eligible for this exemption was developed in
1997. This legislation is necessary to provide clarification to better
define when the replacement vessel could become active and still be
exempt from length requirements. This legislation ensures that boats
that were actively fishing prior to 1997 and that were replaced after

2004 are still entitled to the same vessel length exemptions. It further
clarifies that any vessel currently on the DEC's list of vessels exempt
from the 70 foot restriction that is replaced by a new vessel shall no
longer be exempt from the 70 foot requirement.

PRIOR LEGISLATIVE HISTORY:
New Legislation, 2012.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7055                                                  A. 9959

                      S E N A T E - A S S E M B L Y

                             April 26, 2012
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  -- 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  the
  taking of fish for commercial purposes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 13-0349 of the environmental  conservation  law  is
amended by adding a new subdivision 4 to read as follows:
  4.  THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL
APPLY TO THE REPLACEMENT OF ALL EXEMPT VESSELS OCCURRING  AFTER  JANUARY
FIRST,  TWO  THOUSAND  FOUR. ANY VESSEL WHICH HAS BEEN REPLACED SHALL NO
LONGER BE EXEMPT FROM THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
THE DEPARTMENT MAY  REQUIRE  DOCUMENTATION  FROM  ANY  VESSEL  OWNER  IN
RELATION  TO  THE  ADMINISTRATION  OF ANY EXEMPTIONS CLAIMED PURSUANT TO
THIS SECTION.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15451-01-2

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