senate Bill S765

2013-2014 Legislative Session

Relates to the taking of fish for commercial purposes

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Archive: Last Bill Status - Passed Senate


  • 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
Apr 28, 2014 referred to environmental conservation
delivered to assembly
passed senate
Mar 27, 2014 advanced to third reading
Mar 26, 2014 2nd report cal.
Mar 25, 2014 1st report cal.337
Jan 08, 2014 referred to environmental conservation
returned to senate
died in assembly
May 07, 2013 referred to environmental conservation
delivered to assembly
passed senate
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.459
Jan 09, 2013 referred to environmental conservation

Votes

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Mar 25, 2014 - Environmental Conservation committee Vote

S765
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Mar 25, 2014

Apr 30, 2013 - Environmental Conservation committee Vote

S765
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Apr 30, 2013

S765 - Bill Details

See Assembly Version of this Bill:
A69
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0349, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S7055A, A9959A

S765 - Bill Texts

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Relates to the taking of fish for commercial purposes.

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BILL NUMBER:S765

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

PURPOSE:
This legislation relates to the taking of food fish, shellfish or
crustacean 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 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
commercial fishing vessels that replaced grandfathered in vessels
from the 70 foot restriction in order to continue to take food fish,
shellfish or crustacean from the waters of the marine and coastal
district for commercial 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 clarified 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.

LEGISLATIVE HISTORY:
2012: S.7055A

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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

    S. 765                                                     A. 69

                       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  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 SUBDIVISION TWO 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.  IN THE
EVENT OF THE SALE OF AN EXEMPT VESSEL, A SELLER  WHO  HAS  RETAINED  THE
RIGHT  TO  REPLACE  AN EXEMPT VESSEL SHALL PROVIDE SATISFACTORY PROOF TO
THE  DEPARTMENT  THAT  THE  REPLACEMENT  RIGHTS  FOR  SUCH  VESSEL  WERE
RETAINED.  OTHERWISE  IT  SHALL  BE PRESUMED THAT THE REPLACEMENT RIGHTS
WERE SOLD WITH THE VESSEL AND ARE HELD BY THE OWNER OF SUCH VESSEL.  THE
DEPARTMENT MAY REQUIRE SATISFACTORY DOCUMENTATION FROM ANY VESSEL  OWNER
IN  RELATION  TO  THE  ADMINISTRATION  OF  VESSEL  REPLACEMENT  AND  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.
                                                           LBD03497-01-3

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