Assembly Bill A4289C

Signed By Governor
2017-2018 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-A4289 - Details

See Senate Version of this Bill:
S4051
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-0907, En Con L
Versions Introduced in 2015-2016 Legislative Session:
A7523, S5557

2017-A4289 - Summary

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

2017-A4289 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4051                                                  A. 4289
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 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.
   § 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.
   § 3. This act shall take effect immediately.
 
              

2017-A4289A - Details

See Senate Version of this Bill:
S4051
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-0907, En Con L
Versions Introduced in 2015-2016 Legislative Session:
A7523, S5557

2017-A4289A - Summary

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

2017-A4289A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4051--A                                            A. 4289--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation  -- 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  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04120-02-7
              

2017-A4289B - Details

See Senate Version of this Bill:
S4051
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-0907, En Con L
Versions Introduced in 2015-2016 Legislative Session:
A7523, S5557

2017-A4289B - Summary

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

2017-A4289B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4051--B                                            A. 4289--B
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation  -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said  committee  --  reported  favorably
   from said committee and committed to the Committee on Rules -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to   the   Committee   on   Environmental  Conservation  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported and referred to the Committee  on  Rules
   --  Rules  Committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to the Committee on Rules
 
 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 SECTION 13-0334 OF THIS CHAPTER  TO  THE  CONTRARY,
 WHERE  A  COMMERCIAL FISHING VESSEL, OPERATING UNDER THE FISHING PERMITS
 OF ANOTHER STATE: A. ENCOUNTERS OR IS  FORECASTED  TO  ENCOUNTER  UNSAFE
 WEATHER  CONDITIONS  THAT MAKE THE CONTINUATION OF THE VOYAGE UNSAFE AND
 POSES A RISK TO LIFE AND PROPERTY, OR B. EXPERIENCES MECHANICAL FAILURE,
 SUCH AS COMPROMISED HULL  INTEGRITY  OR  PUMP  FAILURES  THAT  MAKE  THE
 CONTINUATION  OF THE VOYAGE UNSAFE AND POSES A RISK TO LIFE AND PROPERTY
 OR C. EXPERIENCES A SIGNIFICANT MEDICAL EMERGENCY WHICH REQUIRES IMMEDI-
 ATE MEDICAL ATTENTION NECESSARY TO PROTECT THE HEALTH OF ANY  PERSON  ON
 BOARD,  OR D. EXPERIENCES LOSS OF ESSENTIAL GEAR SUCH AS SUPPORT SYSTEMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2017-A4289C (ACTIVE) - Details

See Senate Version of this Bill:
S4051
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-0907, En Con L
Versions Introduced in 2015-2016 Legislative Session:
A7523, S5557

2017-A4289C (ACTIVE) - Summary

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

2017-A4289C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4051--C                                            A. 4289--C
                                                            R. R. 329
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation  -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said  committee  --  reported  favorably
   from said committee and committed to the Committee on Rules -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to  said  committee  --  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   --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported and referred to the Committee on Rules
   -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to the Committee on Rules -- amended on the
   special order of third reading, ordered reprinted as amended,  retain-
   ing its place on the special order of third reading
 
 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 SECTION 13-0334 OF THIS CHAPTER TO THE CONTRARY, A.
 WHERE  A COMMERCIAL FISHING VESSEL, LAWFULLY OPERATING UNDER THE FISHING
 PERMITS OF ANOTHER STATE: (1) ENCOUNTERS OR IS FORECASTED  TO  ENCOUNTER
 UNSAFE  WEATHER  CONDITIONS  DEFINED  AS HIGH WINDS THIRTY-FIVE KNOTS OR
 GREATER OR WAVES TEN FEET OR HIGHER OR ICE OR  OTHER  ADVERSE  CONDITION
 THAT MAKE THE CONTINUATION OF THE VOYAGE UNSAFE AND POSES A RISK TO LIFE
 AND  PROPERTY,  OR  (2) EXPERIENCES A MECHANICAL PROBLEM, THAT MAKES THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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