What's happening
This bill directs the New York State Attorney General to challenge federal fishing quotas deemed unfair to New York commercial fishermen.
Why it matters
Addresses Economic Impact. By mandating legal action against federal quota systems, this bill seeks to combat what New York perceives as unfair allocation, which has reportedly led to significant economic and job losses in the state’s commercial fishing sector.
Focus on Data Fairness. The legislation spotlights concerns over the quality and completeness of data used in setting fishing quotas, arguing that flawed data collection disadvantages New York compared to other states, potentially undermining trust in federal fisheries management.
State vs. Federal Authority. The bill escalates tensions between state and federal regulatory powers, highlighting New York’s willingness to challenge federal agencies in court when state economic interests are at stake.
Potential Precedent for Other States. If successful, this legal directive could encourage other states dissatisfied with their quota allocations to pursue similar legal challenges, possibly impacting how federal fisheries management operates nationwide.
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Who cares
Headline styles
Fight Unfair Fishing Quotas
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.309
- 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.
Challenge Unfair Fishing Quotas
In Assembly Committee · Environmental Conservation · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3197 A. 2514
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, MURRAY, PALUMBO -- read once and referred to the Committee on Environmental Conservation
AN ACT in relation to directing the state attorney general to bring any and all legal actions against the National Marine Fisheries Services or any other federal or interstate agency challenging existing inequitable fishing quotas that discriminate against New York state commercial fishermen
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings. The Magnuson-Stevens Act (MSA) was enacted by the United States Congress in 1976 to restrict foreign fishing vessels in the United States offshore waters from 3 miles to 200 miles off the shoreline. The MSA also sought to regulate fishing in federal waters by establishing various management tools such as a state by state quota allocation system for commercial fishermen. These state by state quotas created by the Mid-Atlantic Fisheries Management Council and the U.S. Department of Commerce's National Marine Fisheries Service, pursuant to the MSA, are based upon faulty and incomplete collection data, which discriminate against commercial fishermen in the state of New York. As a result of these discriminatory practices, New York's quota for black sea bass, bluefish, scup, and summer flounder are much lower than would be allocated under a fair non-discriminatory system. For example, New York's summer flounder quota was less than half of that allocated to Rhode Island, New Jersey, Virginia, and North Carolina. This discriminatory quota system has resulted in unwarranted economic and job losses. It is the purpose of this act to direct the state attor-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04089-01-7
S. 3197 2 A. 2514
ney general to commence legal proceedings challenging this discriminatory fishing quota system.
§ 2. The state attorney general is hereby directed to commence any and all legal actions against the National Marine Fisheries Services and any other federal or interstate agency necessary to overturn said fishing quotas as arbitrary, capricious and discriminatory against residents of the state of New York.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act in relation to directing the state attorney general to bring any and all legal actions against the National Marine Fisheries Services or any other federal or interstate agency challenging existing inequitable fishing quotas that discriminate against New York state commercial fishermen
Purpose
To direct the State Attorney General to commence legal proceedings challenging the State quota allocation system for commercial fisherman.
Summary of provisions
Section 1. Legislative findings.
Section 2. Directs the State Attorney General to commence any and all legal actions against the National Marine Fisheries Services or any other federal or interstate agency that are necessary to overturn said fishing quotas as arbitrary, capricious and discriminatory against residents of the State of New York.
Section 3. Sets the effective date.
Justification
State fishing quotas created by the Mid-Atlantic Fisheries Management Council and the National Marine Fisheries Service are based on old, incomplete and faulty information and data. As a result, New York's fishing quotas for several fish species are much lower than neighboring states, discriminating against New York fisherman. This discriminatory system has resulted in unwarranted economic harm and job losses, especially on Long Island, which is home to New York's biggest fishing ports. This bill would allow the State of New York to commence legal proceedings to challenge this discriminatory fishing quota system.
Legislative history
2015-16 S.2930/A.4261
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.