What's happening
This bill allows out-of-state commercial fishing vessels to dock in New York ports during emergencies such as unsafe weather, mechanical failure, or medical crises, with specific notification and verification requirements.
Why it matters
Enhances safety for all mariners. by allowing out-of-state fishing vessels facing dangerous weather, mechanical failures, or medical emergencies to seek shelter in New York ports, reducing risks to life and property at sea.
Balances environmental protection. by permitting docking only when safe, and granting the Department authority to redirect vessels that pose pollution threats, such as oil or fuel leaks, thereby safeguarding New York’s waters.
Imposes strict oversight and accountability. by requiring immediate notification to New York authorities and the vessel’s home state, plus independent verification of emergencies (e.g., by mechanics, medical professionals, or the National Weather Service), to prevent abuse of the safe harbor exemption.
Protects local fisheries and market fairness. by prohibiting the offloading of catch without supervision and departmental approval—only allowing it if the fish would otherwise spoil and with consideration for the other state’s fish allocations.
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Who cares
Headline styles
Safe Harbor for Fishing Boats
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.179
- Delivered to governor
- Returned to assembly
- Passed senateVote 63–0
- 3rd reading cal.2026
- Substituted for S4051C
- Referred to rules
- Delivered to senate
- Passed assembly
- Amended on third reading 4289c
- Ordered to third reading rules cal.329
- Rules report cal.329
Show 6 earlier actions
- Reported
- Amend and recommit to rules 4289b
- Reported referred to rules
- Print number 4289a
- Amend and recommit 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.
Allow Emergency Docking Rights
Senate Floor Calendar · Sponsor Kenneth P. LaValle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 4051--C A. 4289--C R. R. 329
2017-2018 Regular Sessions
SENATE - ASSEMBLY
February 2, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules -- amended on the special order of third reading, ordered reprinted as amended, retaining its place on the special order of third reading
AN ACT to amend the environmental conservation law, in relation to providing a safe harbor exemption to commercial fishing vessels in certain emergency situations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 71-0907 of the environmental conservation law is amended by adding a new subdivision 8 to read as follows:
8. Notwithstanding section 13-0334 of this chapter to the contrary, a. where a commercial fishing vessel, lawfully operating under the fishing permits of another state: (1) encounters or is forecasted to encounter unsafe weather conditions defined as high winds thirty-five knots or greater or waves ten feet or higher or ice or other adverse condition that make the continuation of the voyage unsafe and poses a risk to life and property, or (2) experiences a mechanical problem, that makes the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04120-05-7
S. 4051--C 2 A. 4289--C
continuation of the voyage unsafe and poses a risk to life and property including compromised hull integrity or pump failures or (3) experiences a significant medical emergency which requires immediate medical attention necessary to protect the health of any person on board, or (4) experiences loss of essential gear such as support systems that renders the vessel unable to remain at sea said commercial fishing vessel may dock at a New York port. A sinking vessel or a vessel leaking oil or fuel may be otherwise directed when the safety of persons is maintained and the vessel poses a significant threat to the waters of New York. The commercial fishing vessel may be required by the department to independently verify the reason for the unscheduled dockage with a mechanic deemed qualified by New York state, the National Weather Service or a medical professional, as appropriate. b. The fishing vessel shall immediately notify the department and the permitting state as soon as the danger is known and communication signals allow. The commercial fishing vessel shall provide the department with: (1) details on the vessel including the vessel captain's name; (2) identity of the permitting state; (3) the nature of the problem; (4) identity of the intended docking location, estimated time of arrival, and quantities and types of fish on board and, (5) a call back phone number or other method of contact. c. The commercial fishing vessel shall not offload cargo without the express authorization of and supervision by department personnel. Authorization to offload fish may be granted where the fish on board the vessel will become unmarketable due to the duration of the unscheduled dockage. Authorization may be limited according to the willingness of the permitting state to accept the fish under that state's fish allocation.
§ 2. Severability. The provisions of this act shall be severable and if any portion thereof or the applicability thereof to any person or circumstances shall be held invalid, the remainder of this act and the application thereof shall not be affected thereby.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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