Bill Text: NY A02294 | 2009-2010 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Passed) 2010-09-17 - signed chap.485 [A02294 Detail]

Download: New_York-2009-A02294-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 756                                                   A. 2294
                              2009-2010 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 15, 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  the
         taking of fish for commercial purposes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 13-0349 of the environmental conservation  law,  as
    2  amended  by  chapter  263  of  the  laws  of 1997, is amended to read as
    3  follows:
    4  S 13-0349. Taking of fish for commercial purposes.
    5    1. No person shall take food fish, shellfish, or  crustacea  from  the
    6  waters  of the marine and coastal district for commercial purposes using
    7  a commercial fishing vessel  longer  than  seventy  feet  in  registered
    8  length.    [However,  this  prohibition shall not apply to vessels being
    9  used to take food fish, shellfish or crustacea from the  waters  of  the
   10  marine  and coastal district prior to July first, nineteen hundred nine-
   11  ty-seven and the department shall publish a list of such  vessels.]  For
   12  purposes  of  this  section a person shall be presumed to be taking food
   13  fish, shellfish or crustacea for commercial purposes when setting, main-
   14  taining, operating or using nets, except seines not larger  than  thirty
   15  feet  long or four feet deep or lift nets not larger than sixteen square
   16  feet; traps, except bait traps not more than thirty  inches  in  length;
   17  combs; dredges; pots; or hook and line, except by angling.
   18    2. HOWEVER, VESSELS BEING USED TO TAKE FOOD FISH, SHELLFISH OR CRUSTA-
   19  CEA  FROM  THE  WATERS  OF THE MARINE AND COASTAL DISTRICT PRIOR TO JULY
   20  FIRST, NINETEEN HUNDRED NINETY-SEVEN SHALL BE EXEMPT FROM THE REGISTERED
   21  LENGTH REQUIREMENT AND THE DEPARTMENT  SHALL  PUBLISH  A  LIST  OF  SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03919-01-9
       S. 756                              2                            A. 2294
    1  VESSELS.  IN  ADDITION,  SUCH VESSELS WHICH ARE EXEMPT FROM SUCH SEVENTY
    2  FOOT IN REGISTERED LENGTH REQUIREMENT, AND ARE  ON  THE  LIST  PUBLISHED
    3  PURSUANT  TO  THIS  SECTION,  SHALL ALSO BE PERMITTED TO BE REPLACED ONE
    4  TIME WITHOUT LOSS OF SUCH EXEMPTION.
    5    3. ALL VESSELS OF SIXTY-THREE FEET OR GREATER REGISTERED LENGTH MAY BE
    6  REPLACED  ONE  TIME  BY A NEW VESSEL OF UP TO TEN PERCENT GREATER REGIS-
    7  TERED LENGTH.
    8    S 2. This act shall take effect immediately.