Senate Bill S3731

                                
 
BILL NUMBER: S3731

SPONSOR: LAVALLE
 
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 crus-
tacean 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 nauti-
cal 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
crustacean from the waters of the marine and coastal district for
commercial purposes. It required the Department of Environmental Conser-
vation 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 fish-
ery 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:

2017-18 S.3177/A.2397;
2015-16 S.2109/A.3039;
2013-14 S.765/A.69;
2012 S.7055A.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.