What's happening
This bill clarifies rules for replacing exempt commercial fishing vessels and the transfer of vessel replacement rights in New York.
Why it matters
Establishes clear rules for when a replaced commercial fishing vessel loses its exemption. from certain regulations, affecting how long-standing fishing operations can modernize or upgrade their boats.
Specifies how replacement rights transfer during the sale of an exempt vessel. , requiring sellers to prove if they keep these rights or else the new owner automatically gets them, which impacts vessel ownership negotiations and business planning.
Empowers the Department of Environmental Conservation to demand documentation. from vessel owners regarding exemptions and replacements, increasing oversight and potentially impacting compliance costs and administrative processes for commercial fishers.
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Who cares
Headline styles
End Vessel Exemptions for Fishing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Fishing Vessel Exemptions
In Assembly Committee · Environmental Conservation · Sponsor Kenneth P. LaValle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3177 A. 2397
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 20, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, 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 Assembly, 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07165-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.