Bill Text: NY A02005 | 2023-2024 | General Assembly | Amended
Bill Title: Provides that where the total number of commercial food fish license, commercial crab permits, commercial whelk and conch licenses, and marine and coastal district party and charter boat license applications from persons who were not issued such license in the previous year exceeds the number of licenses that are available, the department of environmental conservation shall randomly select recipients of the available licenses from among those applications received by the first business day of the applicable license year; provides for a temporary authorization where in the event of a temporary emergency, a licensee or permittee may provide written authorization for a person to temporarily undertake any licensed activities on the licensee's or permittee's behalf; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-13 - print number 2005a [A02005 Detail]
Download: New_York-2023-A02005-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2005--A 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation -- recommitted to the Committee on Envi- ronmental Conservation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to certain commercial food fish licenses, commercial crab permits, commercial whelk or conch licenses, marine and coastal district party and charter boat licenses and certain temporary authorizations for certain licenses and permits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph c of subdivision 1, subpara- 2 graph (i) of paragraph c of subdivision 3, subparagraph (i) of paragraph 3 c of subdivision 4 and subparagraph (i) of paragraph c of subdivision 5 4 of section 13-0328 of the environmental conservation law, as amended by 5 chapter 306 of the laws of 2023, are amended and a new subdivision 8 is 6 added to read as follows: 7 (i) [licenses shall be issued in the order in which the applications8were received, except that where multiple applications are received by9the department on the same day,] where the total number of commercial 10 food fish license applications from persons who were not issued such 11 license in the previous year exceeds the number of licenses that are 12 available, the department shall randomly select recipients of the avail- 13 able licenses from among those applications received by the first busi- 14 ness day of the applicable license year, provided however that appli- 15 cants shall receive one extra entry for each previous year that they 16 applied for such license and were not selected, and applicants for whom 17 the department has received notice of successful completion of an 18 apprenticeship pursuant to subdivision seven of this section shall [be19considered by the department prior to other applicants] receive one 20 extra entry, and provided further that the department is authorized to 21 adopt regulations to amend or supplement this process for issuing 22 commercial food fish licenses; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05703-03-4A. 2005--A 2 1 (i) [permits shall be issued in the order in which the applications2were received, except that where multiple applications are received by3the department on the same day,] where the total number of commercial 4 crab permit applications from persons who were not issued such permit in 5 the previous year exceeds the number of permits that are available, the 6 department shall randomly select recipients of the available permits 7 from among those applications received by the first business day of the 8 applicable permit year, provided however that applicants shall receive 9 one extra entry for each previous year that they applied for such permit 10 and were not selected, and applicants for whom the department has 11 received notice of successful completion of an apprenticeship pursuant 12 to subdivision seven of this section shall [be considered by the depart-13ment prior to other applicants] receive one extra entry, and provided 14 further that the department is authorized to adopt regulations to amend 15 or supplement this process for issuing commercial crab permits; 16 (i) [licenses shall be issued in the order in which the applications17were received, except that where multiple applications are received by18the department on the same day,] where the total number of commercial 19 whelk or conch permit applications from persons who were not issued such 20 permit in the previous year exceeds the number of permits that are 21 available, the department shall randomly select recipients of the avail- 22 able permits from among those applications received by the first busi- 23 ness day of the applicable permit year, provided however that applicants 24 shall receive one extra entry for each previous year that they applied 25 for such permit and were not selected, and applicants for whom the 26 department has received notice of successful completion of an appren- 27 ticeship pursuant to subdivision seven of this section shall [be consid-28ered by the department prior to other applicants] receive one extra 29 entry, and provided further that the department is authorized to adopt 30 regulations to amend or supplement this process for issuing commercial 31 whelk or conch permits; 32 (i) [licenses shall be issued in the order in which the applications33were received] where the total number of marine and coastal district 34 party and charter boat license applications from persons who were not 35 issued such license in the previous year exceeds the number of licenses 36 that are available, the department shall randomly select recipients of 37 the available licenses from among those applications received by the 38 first business day of the applicable license year, provided however that 39 applicants shall receive one extra entry for each previous year that 40 they applied and were not selected, and provided further that the 41 department is authorized to adopt regulations to amend or supplement 42 this process for issuing marine and coastal district party and charter 43 boat licenses; 44 8. Temporary authorization. In the event of a temporary emergency, a 45 licensee or permittee may provide written authorization for a person to 46 temporarily undertake any licensed activities on the licensee's or 47 permittee's behalf. Such authorization shall not be effective until it 48 has been approved by the department. A copy of such written authori- 49 zation shall be filed with the department, and the department shall 50 determine what constitutes a temporary emergency and the appropriate 51 maximum duration of a temporary emergency for the purposes of this 52 subdivision. The department is authorized to adopt regulations to 53 establish requirements for this program. 54 § 2. This act shall take effect immediately.
