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.