S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2109 A. 3039 2015-2016 Regular Sessions S E N A T E - A S S E M B L Y January 21, 2015 ___________ 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. LBD00228-01-5