Relates to the taking of fish for commercial purposes.

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S765-2013 Actions

• May 7, 2013: referred to environmental conservation
• May 7, 2013: DELIVERED TO ASSEMBLY
• May 7, 2013: PASSED SENATE
• May 6, 2013: ADVANCED TO THIRD READING
• May 1, 2013: 2ND REPORT CAL.
• Apr 30, 2013: 1ST REPORT CAL.459
• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S765-2013 Meetings

Environmental Conservation: Apr 30, 2013

S765-2013 Calendars

Active List: May 7, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013

S765-2013 Votes

S765-2013 Memo

BILL NUMBER:S765

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
crustacean 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
nautical 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
commercial 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 Conservation 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 fishery 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:
2012: S.7055A

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

S765-2013 Text

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

      S. 765                                                     A. 69

                         2013-2014 Regular Sessions

                        SENATE - ASSEMBLY

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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  is
  amended by adding a new subdivision 4 to read as follows:

    4.  THE  PROVISIONS  OF SUBDIVISION TWO OF THIS SECTION SHALL APPLY TO
  THE REPLACEMENT OF ALL EXEMPT VESSELS OCCURRING AFTER JANUARY FIRST, TWO
  THOUSAND FOUR. ANY VESSEL WHICH HAS BEEN REPLACED  SHALL  NO  LONGER  BE
  EXEMPT  FROM  THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.  IN THE
  EVENT OF THE SALE OF AN EXEMPT VESSEL, A SELLER  WHO  HAS  RETAINED  THE
  RIGHT  TO  REPLACE  AN EXEMPT VESSEL SHALL PROVIDE SATISFACTORY PROOF TO
  THE  DEPARTMENT  THAT  THE  REPLACEMENT  RIGHTS  FOR  SUCH  VESSEL  WERE
  RETAINED.  OTHERWISE  IT  SHALL  BE PRESUMED THAT THE REPLACEMENT RIGHTS
  WERE SOLD WITH THE VESSEL AND ARE HELD BY THE OWNER OF SUCH VESSEL.  THE
  DEPARTMENT MAY REQUIRE SATISFACTORY DOCUMENTATION FROM ANY VESSEL  OWNER
  IN  RELATION  TO  THE  ADMINISTRATION  OF  VESSEL  REPLACEMENT  AND  ANY
  EXEMPTIONS CLAIMED PURSUANT TO THIS SECTION.
    S 2. This act shall take effect immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03497-01-3