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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 4051--A                                            A. 4289--A
                               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  -- 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
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04120-02-7
        S. 4051--A                          2                         A. 4289--A
     1  types of fish species to be landed. Such emergency  landings  shall  not
     2  count against the quotas of the state of New York for such landings.
     3    §  2.  Severability. The provisions of this act shall be severable and
     4  if any portion thereof or the applicability thereof  to  any  person  or
     5  circumstances  shall  be held invalid, the remainder of this act and the
     6  application thereof shall not be affected thereby.
     7    § 3. This act shall take effect immediately.