Relates to the taking of fish for commercial purposes; authorizes certain vessels being used to take food fish, shellfish or crustacea from the waters of the marine and coastal district to be permitted to be replaced one time without loss of exemption; further allows vessels to be replaced one time by a new vessel of up to ten percent greater registered length.
Ayes (14): Thompson, Oppenheimer, Schneiderman, Parker, Serrano, Perkins, Stewart-Cousins, Foley, Marcellino, Leibell, Johnson O, Little, Young, Padavan
BILL NUMBER: S756
TITLE OF BILL : An act to amend the environmental conservation law, in relation to the taking of fish for commercial purposes
PURPOSE OR GENERAL IDEA OF BILL : This legislation would allow the owner of a vessel grandfathered in 1997 to replace that vessel with one that is up to ten percent greater in length and to retain their New York permit for the replacement vessel.
SUMMARY OF SPECIFIC PROVISIONS : Section 13-0349 of the Environmental Conservation Law, as amended by Chapter 263 of the Laws of 1997, is amended to protect fishermen who were grandfathered in 1997, as they purchase new vessels.
JUSTIFICATION : In 1997, a law was enacted to limit New York State fishing permits only to those vessels 70 feet or less. This law was enacted 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 were grandfathered in, but no provisions were made to allow for the replacement of those vessels. Under current law, if a fisherman's boat is lost or sold, his new boat must be 70 feet or less to fish in New York State waters.
Federal law allows owners of offshore vessels to replace their existing vessel one time with one that is up to 10% longer than the old one and still keep their permit for fishing federal waters. This bill would allow for the same consideration under New York State law.
PRIOR LEGISLATIVE HISTORY : 2007-08, S.6784-A
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 756 A. 2294 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y January 15, 2009 ___________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, as amended by chapter 263 of the laws of 1997, is amended to read as follows: S 13-0349. Taking of fish for commercial purposes. 1. No person shall take food fish, shellfish, or crustacea from the waters of the marine and coastal district for commercial purposes using a commercial fishing vessel longer than seventy feet in registered length.
[However, this prohibition shall not apply to vessels being used to take food fish, shellfish or crustacea from the waters of the marine and coastal district prior to July first, nineteen hundred nine- ty-seven and the department shall publish a list of such vessels.]For purposes of this section a person shall be presumed to be taking food fish, shellfish or crustacea for commercial purposes when setting, main- taining, operating or using nets, except seines not larger than thirty feet long or four feet deep or lift nets not larger than sixteen square feet; traps, except bait traps not more than thirty inches in length; combs; dredges; pots; or hook and line, except by angling. 2. HOWEVER, VESSELS BEING USED TO TAKE FOOD FISH, SHELLFISH OR CRUSTA- CEA FROM THE WATERS OF THE MARINE AND COASTAL DISTRICT PRIOR TO JULY FIRST, NINETEEN HUNDRED NINETY-SEVEN SHALL BE EXEMPT FROM THE REGISTERED LENGTH REQUIREMENT AND THE DEPARTMENT SHALL PUBLISH A LIST OF SUCHEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03919-01-9 S. 756 2 A. 2294
VESSELS. IN ADDITION, SUCH VESSELS WHICH ARE EXEMPT FROM SUCH SEVENTY FOOT IN REGISTERED LENGTH REQUIREMENT, AND ARE ON THE LIST PUBLISHED PURSUANT TO THIS SECTION, SHALL ALSO BE PERMITTED TO BE REPLACED ONE TIME WITHOUT LOSS OF SUCH EXEMPTION. 3. 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 REGIS- TERED LENGTH. S 2. This act shall take effect immediately.