Relates to the taking of fish for commercial purposes

BILL NUMBER:S2109

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

2013-14: A.69/S.765 2012: A.9959-A/S.7055 -A

Fiscal implications

To be determined.

Effective date

Immediately.