S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 765                                                     A. 69
                              2013-2014 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       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  is
    2  amended by adding a new subdivision 4 to read as follows:
    3    4.  THE  PROVISIONS  OF SUBDIVISION TWO OF THIS SECTION SHALL APPLY TO
    4  THE REPLACEMENT OF ALL EXEMPT VESSELS OCCURRING AFTER JANUARY FIRST, TWO
    5  THOUSAND FOUR. ANY VESSEL WHICH HAS BEEN REPLACED  SHALL  NO  LONGER  BE
    6  EXEMPT  FROM  THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.  IN THE
    7  EVENT OF THE SALE OF AN EXEMPT VESSEL, A SELLER  WHO  HAS  RETAINED  THE
    8  RIGHT  TO  REPLACE  AN EXEMPT VESSEL SHALL PROVIDE SATISFACTORY PROOF TO
    9  THE  DEPARTMENT  THAT  THE  REPLACEMENT  RIGHTS  FOR  SUCH  VESSEL  WERE
   10  RETAINED.  OTHERWISE  IT  SHALL  BE PRESUMED THAT THE REPLACEMENT RIGHTS
   11  WERE SOLD WITH THE VESSEL AND ARE HELD BY THE OWNER OF SUCH VESSEL.  THE
   12  DEPARTMENT MAY REQUIRE SATISFACTORY DOCUMENTATION FROM ANY VESSEL  OWNER
   13  IN  RELATION  TO  THE  ADMINISTRATION  OF  VESSEL  REPLACEMENT  AND  ANY
   14  EXEMPTIONS CLAIMED PURSUANT TO THIS SECTION.
   15    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03497-01-3