BILL NUMBER:  S3177

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to the
taking of fish for commercial purposes

 PURPOSE :

This legislation relates to the taking of food fish, shellfish or
crustacean from the waters of the " marine and coastal district for
commercial purposes using certain commercial fishing vessels that were
replaced after January 1, 2004.

 SUMMARY OF PROVISIONS :

Section 13-0349 of the Environmental Conservation Law is amended by
adding a new subdivision 4.

 JUSTIFICATION :

On July 23, 1997, a law was enacted in New York State that restricted
the length of commercial fishing vessels used to take fish, squid,
crabs, lobsters, oysters, scallops and all types of clams and mussels
from New York's marine and coastal district (waters within three
nautical miles from the coast line and all tidal waters within the
              

state) to no longer than 70 feet in registered length. The intent of
limiting New York State fishing permits to those vessels 70 feet or
less came at a time when many traditional offshore fishing areas were
being closed or restricted to very short seasons. It was designed to
prevent large out-of-state vessels from obtaining permits.

When the law was enacted in 1997, vessels over 70 feet fishing New
York's waters prior to 1997 were grandfathered in, but no provisions
were made to allow for the replacement of these vessels. To address
this situation, Chapter 485 of the Laws of 2010 was enacted to exempt
commercial fishing vessels that replaced grandfathered in vessels from
the 70 foot restriction in order to continue to take food fish,
shellfish or crustacean from the waters of the marine and coastal
district for commercial purposes. It required the Department of
Environmental Conservation to publish a list of commercial vessels
that were used to fish in New York State waters before July 1, 1997 in
a licensed commercial fishery that are exempt from the 70 foot limit.
Those vessels on such published list would be permitted to be replaced
one time with a new vessel of up to ten percent longer than the
vessel's registered length without loss of the length exemption.  It
further provided that all vessels of sixty-three feet or greater
registered length may be replaced one time by a new vessel of up to
ten percent greater registered length.

While the replacement length exemption law went into effect on
September 17,2010, the list of boats eligible for this exemption was
developed in 1997. This legislation is necessary to provide
clarification to better define when the replacement vessel could
become active and still be exempt from length requirements. This
legislation ensures that boats that were actively fishing prior to
1997 and that were replaced after 2004 are still entitled to the same
vessel length exemptions. It further clarified that any vessel
currently on the DEC's list of vessels exempt from the 70 foot
restriction that is replaced by a new vessel shall no longer be exempt
from the 70 foot requirement.

 LEGISLATIVE HISTORY :

2015-16 S.2109/A.3039;
2013-14 S.765/A.69;
2012 S.7055A.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
Immediately.