NY State Senate Bill 2009-S376

Senate Bill S376

2009-2010 Legislative Session

Authorizes the catching and possession of up to 5 times the daily limit of fish during any 7 day period of time

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 07, 2009	referred to environmental conservation

2009-S376 (ACTIVE) - Details

See Assembly Version of this Bill:: A854
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §13-0373, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1456, A1409
2013-2014: S1762, A1224

2009-S376 (ACTIVE) - Summary

Authorizes the catching and possession of up to 5 times the daily limit of fish during any 7 day period of time; authorizes the catching and possession on a single vessel of the maximum daily limit for each species of fish a person aboard the vessel is authorized to take.

2009-S376 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S376

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
authorizing the catching and possession of five times the daily limit
for any species of fish during any seven consecutive day period and
authorizing the catching and possession on a single vessel of the
daily limits of any species of fish for which a person aboard such
vessel holds a license for the taking thereof; and providing for the
repeal of such provisions upon the expiration thereof


 PURPOSE :

Authorizes the catching and possession of up to 5 times the daily
limit of fish during any seven day period of time.

 SUMMARY OF PROVISIONS :

The Environmental Conservation law is amended by adding a new section
13-0373.

 JUSTIFICATION :

This bill is intended to help commercial fishermen conserve fuel by

allowing them to fish for five times the daily catch limit allowable
under their fishing license in the aggregate over a period of seven
days. Therefore, a fisherman could, for example, catch three times the
daily catch limit on Monday and two times the limit on Wednesday and
then stay off the water until the following Monday when a consecutive
period of seven days is over. The bill also would allow individuals
with different fishing licenses to go out and catch each of their
daily limits from the same boat (this is currently prohibited).

The reason for this legislation is that the current price of fuel for
running a fishing boat is extremely expensive and cost prohibitive.
It significantly cuts into the already slim profits of fishermen who
are trying to make a living. This bill would allow fishermen to
conserve fuel by keeping their boats off the water more often since
they would be allowed to aggregate their daily catch limits over a
seven day period. The fact that they can only catch five times the
amount of fish in the aggregate over a seven day period creates a fair
balance for the convenience and cost-savings they would enjoy. This
bill would sunset on January 1,2011 at which time the success of this
approach could be fully evaluated and the necessity of an extension
determined.

 LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed on January 1, 2011.

2009-S376 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 376                                                    A. 854

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, 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
  authorizing  the catching and possession of five times the daily limit
  for any species of fish during any seven consecutive  day  period  and
  authorizing  the  catching  and  possession  on a single vessel of the
  daily limits of any species of fish for which  a  person  aboard  such
  vessel  holds  a license for the taking thereof; and providing for the
  repeal of such provisions upon the expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 13-0373 to read as follows:
S 13-0373. AGGREGATION OF DAILY AND TRIP CATCH AND POSSESSION LIMITS.
  1. NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR ANY  RULE  OR  REGU-
LATION  PROMULGATED  PURSUANT THERETO, A PERSON MAY CATCH AND POSSESS AT
ANY ONE TIME OR AT VARIOUS TIMES DURING ANY SEVEN CONSECUTIVE DAY PERIOD
OF TIME, NOT MORE THAN FIVE TIMES THE DAILY MAXIMUM FOR THE  SPECIES  OF
FISH  CAUGHT  AND  POSSESSED.  ANY  PERSON WHO CATCHES AND POSSESSES ANY
QUANTITY OF ANY SPECIES OF FISH IN EXCESS OF THE DAILY LIMIT, AS AUTHOR-
IZED BY THIS SUBDIVISION, SHALL NOT TAKE MORE THAN FIVE TIMES THE  DAILY
LIMIT FOR SUCH FISH DURING ANY SEVEN CONSECUTIVE DAY PERIOD OF TIME.
  2.  NOTWITHSTANDING  ANY  PROVISION OF THIS TITLE OR ANY RULE OR REGU-
LATION PROMULGATED PURSUANT THERETO,  NO  VESSEL  TRIP  LIMIT  SHALL  BE
DEEMED  TO  PROHIBIT  THE  CATCHING  AND POSSESSION OF THE MAXIMUM DAILY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00739-01-9

S. 376                              2                             A. 854

LIMITS FOR MORE THAN ONE SPECIES OF FISH  ON  A  SINGLE  VESSEL  BY  ANY
PERSON OR PERSONS AUTHORIZED TO TAKE SUCH SPECIES OF FISH.
  S  2.  This act shall take effect immediately, and shall expire and be
deemed repealed January 1, 2011.

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