What's happening
This bill allows out-of-state commercial fishing vessels to dock in New York ports during emergencies such as unsafe conditions, mechanical failures, or medical emergencies.
Why it matters
Enhances maritime safety. by allowing out-of-state commercial fishing vessels to seek refuge in New York ports during emergencies, potentially preventing loss of life or property at sea when unsafe weather, mechanical failures, or medical emergencies occur.
Requires prompt and detailed notification. to both New York authorities and the vessel’s home state, ensuring transparency and regulatory oversight whenever an emergency docking occurs, and providing clear protocols for communication.
Limits risk of illegal offloading or market disruption. by prohibiting the offloading of fish or cargo without express authorization and supervision from New York’s Department of Environmental Conservation, with exceptions only if the catch would otherwise spoil and if the home state agrees.
Balances environmental and economic concerns. by allowing New York officials to redirect vessels that pose significant threats (like leaking oil or fuel) and restricting the emergency safe harbor to genuine, independently verifiable emergencies—reducing potential for abuse of the exemption.
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Who cares
Headline styles
Allow Emergency Docking Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A4289C
- Ordered to third reading cal.2026
- Print number 4051c
- Amend and recommit to rules
- Print number 4051b
- Amend and recommit to rules
- Reported and committed to rules
- Print number 4051a
- 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.
Safe Harbor for Fishing Boats
Signed by Governor · Sponsor Fred Thiele
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.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to providing a safe harbor exemption to commercial fishing vessels in certain emergency situations
Purpose
To provide a safe harbor exemption to commercial fishing vessels in certain emergency situations.
Summary of provisions
Section 1. Section 71-0907 of the Environmental Conservation Law is amended by adding a new subdivision 8 to provide guidelines for a safe harbor exemption for commercial fishing vessels lawfully operating under the fishing permits of another state in certain emergency situations.
Section 2. Severability Clause
Section 3. Immediate effective date
Justification
In January 2015, a New York State resident operating a fishing vessel with valid New Jersey commercial fishing permits was charged with ille- gally landing nearly 10 times the amount of fluke allowed under New York State regulations when his boat returned to Shinnecock Inlet from a fishing trip enroute to New Jersey when severe weather became imminent. The criminal charges were eventually dismissed in court because there was no State statute which clearly defined when the practice of "safe harbor" could allow commercial fishing boats operating under another state's fishing rules to land their fish in New York. This legislation is necessary to make clear in the law that instances when out-of-state commercial fishing vessels can land in New York ports without the fear of criminal charges or fines and requires proper notification from the fishing vessel.
Legislative history
2015-16: S.5557/A.7523
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.