Relates to the taking of fish for commercial purposes.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Sampson
Excused (1): Montgomery
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.
STATE OF NEW YORK ________________________________________________________________________ S. 765 A. 69 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y (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