senate Bill S1762A

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 1762a
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
returned to senate
died in assembly
Feb 27, 2013 referred to environmental conservation
delivered to assembly
passed senate
Feb 12, 2013 advanced to third reading
Feb 11, 2013 2nd report cal.
Feb 05, 2013 1st report cal.35
Jan 09, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

S1762 - Bill Details

See Assembly Version of this Bill:
A1224A
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §13-0373, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1456B, A1409B
2009-2010: S376, A854

S1762 - Bill Texts

view 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.

view 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.


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                    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.

S1762A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1224A
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §13-0373, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1456B, A1409B
2009-2010: S376, A854

S1762A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1762A

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.

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 expensive 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 conven-
ience and cost-savings they would enjoy. This bill would sunset on
January 1, 2016 at which time the success of this approach could be
fully evaluated and the necessity of an extension determined.

LEGISLATIVE HISTORY:

2011-12 S.1456B; 2009-10 S.376

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed on January 1, 2016.

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

    S. 1762--A                                            A. 1224--A

                       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  -- recommitted to the Committee on Environmental Conser-
  vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation -- recommitted  to  the
  Committee  on  Environmental  Conservation in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01667-03-4

S. 1762--A                          2                         A. 1224--A

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
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, 2016.

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