senate Bill S1762

Amended

Authorizes the catching and possession of up to 5 times the daily limit of fish during any 7 day period of time

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 05 / Feb / 2013
    • 1ST REPORT CAL.35
  • 11 / Feb / 2013
    • 2ND REPORT CAL.
  • 12 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 27 / Feb / 2013
    • PASSED SENATE
  • 27 / Feb / 2013
    • DELIVERED TO ASSEMBLY
  • 27 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 23 / Jan / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 23 / Jan / 2014
    • PRINT NUMBER 1762A

Summary

Authorizes the catching and possession of up to 5 times the daily limit of fish during any 7 day period of time; authorizes the catching and possession on a single vessel of the maximum daily limit for each species of fish a person aboard the vessel is authorized to take.

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Bill Details

See Assembly Version of this Bill:
A1224
Versions:
S1762
S1762A
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง13-0373, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1456B, A1409B
2009-2010: S376, A854

Sponsor Memo

BILL NUMBER:S1762

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to authorizing
the catching and possession of five times the daily limit for any
species of fish during any seven consecutive day period and authorizing
the catching and possession on a single vessel of the daily limits of
any species of fish for which a person aboard such vessel holds a
license for the taking thereof; and providing for the repeal of such
provisions upon the expiration thereof

PURPOSE: Authorizes the catching and possession of up
to 5 times the
daily limit of fish during any seven day period of time.

SUMMARY OF PROVISIONS: The Environmental Conservation
law is amended
by adding a new section 13-0373 relating to the aggregation of daily
and trip catch and possession limits.

JUSTIFICATION:
This bill is intended to help commercial fishermen
conserve fuel by allowing them to fish for five times the daily catch
limit allowable under their fishing license in the aggregate over a
period of seven days. Therefore, a fisherman could, for example,
catch three times the daily catch limit on Monday and two times the
limit on Wednesday and then stay off the water until the following
Monday when a consecutive period of seven days is over. The bill also
would allow individuals with different fishing licenses to go out and
catch each of their daily limits from the same boat (this is
currently prohibited).

The reason for this legislation is that the current price of fuel for
running a fishing boat is extremely extensive and cost prohibitive.
It significantly cuts into the already slim profits of fishermen who
are trying to make a living. This bill would allow fishermen to
conserve fuel by keeping their boats off the water more often since
they would be allowed to aggregate their daily catch limits over a
seven day period. The fact that they can only catch five times the
amount of fish in the aggregate over a seven day period creates a
fair balance for the convenience and cost-savings they would enjoy.
This bill would sunset on January 1, 2015 at which time the success
of this approach could be fully evaluated and the necessity of an
extension determined.

LEGISLATIVE HISTORY:
2011-12: S.145613/A.1409B - Passed Senate
2009-10: S.37G/A.854- Remained in Environmental Conservation Committee

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect
immediately and shall
expire and be deemed repealed on January 1, 2015.


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

    S. 1762                                                  A. 1224

                       2013-2014 Regular Sessions

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

                               (PREFILED)

                             January 9, 2013
                               ___________

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
  authorizing  the catching and possession of five times the daily limit
  for any species of fish during any seven consecutive  day  period  and
  authorizing  the  catching  and  possession  on a single vessel of the
  daily limits of any species of fish for which  a  person  aboard  such
  vessel  holds  a license for the taking thereof; and providing for the
  repeal of such provisions upon the expiration thereof

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

  Section  1.  The environmental conservation law is amended by adding a
new section 13-0373 to read as follows:
S 13-0373. AGGREGATION OF DAILY AND TRIP CATCH AND POSSESSION LIMITS.
  1. NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR ANY  RULE  OR  REGU-
LATION  PROMULGATED  PURSUANT THERETO, A PERSON HOLDING A MARINE COMMER-
CIAL FOOD FISHING LICENSE PROVIDED FOR BY SECTION 13-0335 OF THIS  TITLE
MAY  CATCH  AND  POSSESS  AT ANY ONE TIME OR AT VARIOUS TIMES DURING ANY
SEVEN CONSECUTIVE DAY PERIOD OF TIME, NOT MORE THAN FIVE TIMES THE DAILY
MAXIMUM FOR THE SPECIES OF FISH CAUGHT AND  POSSESSED.  ANY  PERSON  WHO
CATCHES  AND  POSSESSES ANY QUANTITY OF ANY SPECIES OF FISH IN EXCESS OF
THE DAILY LIMIT, AS AUTHORIZED BY THIS SUBDIVISION, SHALL NOT TAKE  MORE
THAN  FIVE  TIMES THE DAILY LIMIT FOR SUCH FISH DURING ANY SEVEN CONSEC-
UTIVE DAY PERIOD OF TIME.
  2. NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR ANY  RULE  OR  REGU-
LATION  PROMULGATED  PURSUANT  THERETO,  NO  VESSEL  TRIP LIMIT SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01667-01-3

S. 1762                             2                            A. 1224

DEEMED TO PROHIBIT THE CATCHING AND  POSSESSION  OF  THE  MAXIMUM  DAILY
LIMITS  FOR  MORE  THAN  ONE  SPECIES  OF FISH ON A SINGLE VESSEL BY ANY
PERSON OR PERSONS AUTHORIZED TO TAKE SUCH SPECIES OF FISH.
  S  2.  This act shall take effect immediately, and shall expire and be
deemed repealed January 1, 2015.

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