New York State Assembly

 
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A04289 Summary:

A04289 Actions:

A04289 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:06/07/2017AYE/NAY:30/0  Action: Favorable refer to committee Rules        
Englebright
Aye
Stec
Aye
Glick
Aye
Butler
Aye
Colton
Aye
Raia
Aye
Cymbrowitz
Aye
Lopez
Aye
Lifton
Aye
Palumbo
Aye
O'Donnell
Aye
Miller ML
Aye
Peoples-Stokes
Aye
Miller B 
Aye
Gunther
Aye
Garbarino
Aye
Jaffee
Aye
Kavanagh
Aye
Titone
Aye
Crespo
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Aye
Fahy
Aye
Rozic
Aye
Otis
Aye
Williams
Aye
Barrett
Aye
D'Urso
Aye
Carroll
Aye

Committee:RULES   Chair:Heastie      
DATE:06/15/2017AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Excused
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A04289 Floor Votes:

A04289 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4051--C                                            A. 4289--C
                                                                   R. R. 329
 
                               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  --  reported  favorably
          from said committee and committed to the Committee on Rules -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to  said  committee  --  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 -- reported and referred to the Committee on Rules
          -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to the Committee on Rules -- amended on the
          special order of third reading, ordered reprinted as amended,  retain-
          ing its place on the special order of third reading
 
        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 section 13-0334 of this chapter to the contrary, a.
     4  where  a commercial fishing vessel, lawfully operating under the fishing
     5  permits of another state: (1) encounters or is forecasted  to  encounter
     6  unsafe  weather  conditions  defined  as high winds thirty-five knots or
     7  greater or waves ten feet or higher or ice or  other  adverse  condition
     8  that make the continuation of the voyage unsafe and poses a risk to life
     9  and  property,  or  (2) experiences a mechanical problem, that makes the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04120-05-7
        S. 4051--C                          2                         A. 4289--C
 
     1  continuation of the voyage unsafe and poses a risk to life and  property
     2  including compromised hull integrity or pump failures or (3) experiences
     3  a  significant medical emergency which requires immediate medical atten-
     4  tion  necessary  to  protect  the  health of any person on board, or (4)
     5  experiences loss of essential gear such as support systems that  renders
     6  the  vessel  unable  to remain at sea said commercial fishing vessel may
     7  dock at a New York port.  A sinking vessel or a vessel  leaking  oil  or
     8  fuel  may be otherwise directed when the safety of persons is maintained
     9  and the vessel poses a significant threat to the waters of New York. The
    10  commercial fishing vessel may be required by the department to independ-
    11  ently verify the reason for the  unscheduled  dockage  with  a  mechanic
    12  deemed  qualified  by  New York state, the National Weather Service or a
    13  medical professional, as appropriate.  b. The fishing vessel shall imme-
    14  diately notify the department and the permitting state as  soon  as  the
    15  danger  is known and communication signals allow. The commercial fishing
    16  vessel shall provide the department with:   (1) details  on  the  vessel
    17  including  the  vessel  captain's  name;  (2) identity of the permitting
    18  state; (3) the nature of the problem; (4) identity of the intended dock-
    19  ing location, estimated time of arrival, and  quantities  and  types  of
    20  fish  on  board  and,  (5)  a  call back phone number or other method of
    21  contact. c. The commercial fishing vessel shall not offload cargo  with-
    22  out  the  express authorization of and supervision by department person-
    23  nel. Authorization to offload fish may be  granted  where  the  fish  on
    24  board  the  vessel  will  become unmarketable due to the duration of the
    25  unscheduled dockage.   Authorization may be  limited  according  to  the
    26  willingness  of  the  permitting  state  to  accept  the fish under that
    27  state's fish allocation.
    28    § 2. Severability. The provisions of this act shall be  severable  and
    29  if  any  portion  thereof  or the applicability thereof to any person or
    30  circumstances shall be held invalid, the remainder of this act  and  the
    31  application thereof shall not be affected thereby.
    32    § 3. This act shall take effect immediately.