Current state law, enacted in 1997, sets 70' as the maximum registered length of vessels fishing commercially in the waters of New York's Marine District.  At the time the law was adopted, vessels longer than 70' that were then-licensed to fish in New York’s marine waters were “grandfathered” and allowed to continue to fish.  However, under the present law, should an owner of a grandfathered larger–than-70' vessel wish to replace his/her boat, they could only do so with a vessel not longer than 70 feet.  Some viewed this restriction as an economic hardship on the owners of presently grandfathered vessels.  They felt that the current law should be amended to allow the owner of a grandfathered vessel to replace the vessel with another up to 10% longer.  This is the approach taken under federal law for vessels licensed to fish in the EEZ.  It was motioned at the last meeting by the Council to postpone the discussion until today’s meeting when further information would be available from the DEC regarding the length composition of New York's commercial fishing fleet (i.e., how many vessels in various size classes).

Marion Stern of DEC distributed tables showing the size/length distribution of vessels licensed to fish commercially in New York waters.  Ms. Stern cautioned the Council that this data was as complete as can be considering that information on vessel length is not required on a state commercial fishing license application. DEC was able to identify the lengths of 874 individual vessels within the permit system.  The preponderance of these vessels are smaller than 50'.  Out of 874, there are 45 vessels longer than 70' that should be operating under the grandfathered situation.

Mr. Leo informed the Council that Assemblyman Fred Thiele has drafted a bill that would allow any vessel 63' long or longer to be replaced with a vessel up to 10% longer (registered length).  This approach mimics guidelines followed in federal waters and it would help fishermen who fish offshore to have a larger vessel and by having a larger vessel, they would be safer.  Councilor Tom Jordan agreed with the approach taken in the Thiele bill.  However, he suggested that this replacement allowance be limited to a single instance.  That is, a single licensee could not repeatedly turn over a vessel, gaining a 10% length increase each time.

Mr. Jim Gilmore, Director of Marine Resources for DEC, reminded the Council that the current commercial fishing vessel length was set, in part, for the purpose of trying to limit commercial fishing capacity and effort.  Allowing larger and larger vessels is antithetical to this objective.  Mr. John Mihale commented that commercial fishing effort is presently limited by such things as trip limits, possession limits, etc. - - boat size has nothing to do with it. Mr. Leo stated that limits on net size also play a part in limiting effective commercial fishing effort. Councilor Squeri wanted to know how this length limitation came about – what was the original intent?  Chairman Wise responded that, in 1995, DEC and the Council were asked by the State Legislature to develop recommendations and guidelines for the issuance of marine commercial fishing licenses in New York.  At the same time, they were also asked to come up with an estimate of the amount of the commercial fishing effort local marine fishery stocks could withstand on a sustainable basis.  Mr. Wise stated that this second question was never satisfactorily addressed, but its resolution remains an important issue.  There was a concern then, and it remains today, on how to manage commercial fishing in New York's waters so that the capacity and effort expended does not outstrip the ability of the resources to support harvests. 

Councilor Charles Witek spoke against allowing an increase in commercial fishing effort in local waters through a 10% length increase allowance; he would limit the replacement vessel to the same size as a currently grandfathered vessel.  Councilor Karen Rivara cited the need for some flexibility when you are purchasing/replacing a boat.  It is not easy to purchase a replacement boat with the same specifications as your current vessel, unless the new boat is being custom-built, which, more likely than not, is NOT the case.

Councilor Jordan said that the issue of increasing fishing effort in state waters as a result of a 10% increase-in-length allowance is somewhat bogus.  These larger vessel do not primarily fish in State waters; some never do. 

Mr. Pat Augustine said that there is already a law on the books and the law is the law; either change the law or don’t.  Councilor Jordan made a motion that the Council recommend to DEC and the Legislature to allow a one-time replacement of a currently grandfathered (over 70 ft) vessel with a vessel up to 10% longer.  Councilor Yaxa seconded the motion.  The motion passed by a vote of 3 in favor; 1 opposed; 5 abstentions.  Chairman Wise said he will convey the results of this vote and discussion to Assemblyman Thiele.

 

Page last modified Monday, January 7, 2008 by George E. Carroll