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.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (3): Breslin, Huntley, Oppenheimer
Ayes (10): Grisanti, Johnson, LaValle, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Stewart-Cousins
Ayes W/R (3): Espaillat, Perkins, Serrano
Excused (1): Oppenheimer
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 convenience and cost-savings they would enjoy. This bill would sunset on January 1, 2014 at which time the success of this approach could be fully evaluated and the necessity of an extension determined.
LEGISLATIVE HISTORY: 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, 2014.
STATE OF NEW YORK ________________________________________________________________________ S. 1456--B A. 1409--B 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 7, 2011 ___________IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee IN ASSEMBLY -- Introduced by M. of A. THIELE, MURRAY -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, 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 ANYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03748-03-2 S. 1456--B 2 A. 1409--B
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 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, 2014.