Relates to the taking of fish for commercial purposes

1 Co-sponsor

• Brian X. Foley

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.