Bill Text: NY S04051 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides a safe harbor exemption to commercial fishing vessels in certain emergency situations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-06-20 - SUBSTITUTED BY A4289C [S04051 Detail]

Download: New_York-2017-S04051-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 4051                                                  A. 4289
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    February 2, 2017
                                       ___________
        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
          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  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  71-0907 of the environmental conservation law is
     2  amended by adding a new subdivision 8 to read as follows:
     3    8. Notwithstanding any provision of  law  to  the  contrary,  where  a
     4  commercial  fishing vessel fishing, lawfully operating under the fishing
     5  permits of another state: a. encounters or is  forecasted  to  encounter
     6  severe or extreme weather conditions, or b. experiences mechanical fail-
     7  ure, compromised hull integrity, pump failures, or is in danger of sink-
     8  ing, or c. experiences injury or life threatening illness to a member of
     9  the  crew,  or d. encounters any other emergency situation, said commer-
    10  cial fishing vessel may land their fish at a New York port and shall not
    11  be in violation of state rules and landing limits of New York. The fish-
    12  ing vessel shall make every effort to notify both the  permitting  state
    13  and  the department as soon as danger is known and communication signals
    14  allow. The commercial fishing vessel shall also  make  every  effort  to
    15  provide  the  permitting  state  and  the department with details on the
    16  intended landing location, estimated time of arrival, and quantities and
    17  types of fish species to be landed.
    18    § 2. Severability. The provisions of this act shall be  severable  and
    19  if  any  portion  thereof  or the applicability thereof to any person or
    20  circumstances shall be held invalid, the remainder of this act  and  the
    21  application thereof shall not be affected thereby.
    22    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04120-01-7