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Assembly Bill A7523

2015-2016 Legislative Session

Provides a safe harbor exemption to commercial fishing vessels in certain emergency situations

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Archive: Last Bill Status - In Assembly Committee

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2015-A7523 (ACTIVE) - Details

See Senate Version of this Bill:
S5557
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง71-0907, En Con L
Versions Introduced in 2017-2018 Legislative Session:
A4289, S4051

2015-A7523 (ACTIVE) - Summary

Provides a safe harbor exemption to commercial fishing vessels in certain emergency situations.

2015-A7523 (ACTIVE) - Bill Text download pdf 

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

    S. 5557                                                  A. 7523

                       2015-2016 Regular Sessions

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

                              May 14, 2015
                               ___________

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
  providing  a  safe  harbor  exemption to commercial fishing vessels in
  certain emergency situations

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

  Section  1.  Section  71-0907 of the environmental conservation law is
amended by adding a new subdivision 8 to read as follows:
  8. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  WHERE  A
COMMERCIAL  FISHING VESSEL FISHING, LAWFULLY OPERATING UNDER THE FISHING
PERMITS OF ANOTHER STATE: A. ENCOUNTERS OR IS  FORECASTED  TO  ENCOUNTER
SEVERE OR EXTREME WEATHER CONDITIONS, OR B. EXPERIENCES MECHANICAL FAIL-
URE, COMPROMISED HULL INTEGRITY, PUMP FAILURES, OR IS IN DANGER OF SINK-
ING, OR C. EXPERIENCES INJURY OR LIFE THREATENING ILLNESS TO A MEMBER OF
THE  CREW,  OR D. ENCOUNTERS ANY OTHER EMERGENCY SITUATION, SAID COMMER-
CIAL FISHING VESSEL MAY LAND THEIR FISH AT A NEW YORK PORT AND SHALL NOT
BE IN VIOLATION OF STATE RULES AND LANDING LIMITS OF NEW YORK. THE FISH-
ING VESSEL SHALL MAKE EVERY EFFORT TO NOTIFY BOTH THE  PERMITTING  STATE
AND  THE DEPARTMENT AS SOON AS DANGER IS KNOWN AND COMMUNICATION SIGNALS
ALLOW. THE COMMERCIAL FISHING VESSEL SHALL ALSO  MAKE  EVERY  EFFORT  TO
PROVIDE  THE  PERMITTING  STATE  AND  THE DEPARTMENT WITH DETAILS ON THE
INTENDED LANDING LOCATION, ESTIMATED TIME OF ARRIVAL, AND QUANTITIES AND
TYPES OF FISH SPECIES TO BE LANDED.
  S 2. Severability. The provisions of this act shall be  severable  and
if  any  portion  thereof  or the applicability thereof to any person or
circumstances shall be held invalid, the remainder of this act  and  the
application thereof shall not be affected thereby.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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