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. LBD04120-02-7S. 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.