Bill Text: NY A06169 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes a registration system for saltwater recreational fishing.
Spectrum: Slight Partisan Bill (Republican 9-3)
Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A06169 Detail]
Download: New_York-2011-A06169-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6169
2011-2012 Regular Sessions
I N A S S E M B L Y
March 8, 2011
___________
Introduced by M. of A. THIELE, CONTE, FITZPATRICK, GRAF, LOSQUADRO,
McKEVITT, MONTESANO, MURRAY, RAIA, SALADINO, SCHIMEL, WEISENBERG --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing a registration system for saltwater recreational fishing;
and to repeal part LL of chapter 59 of the laws of 2009 amending the
environmental conservation law, relating to recreational marine fish-
ing licenses, relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Part LL of chapter 59 of the laws of 2009, amending the
2 environmental conservation law relating to recreational marine fishing
3 licenses, is REPEALED.
4 S 2. The environmental conservation law is amended by a adding a new
5 section 13-0355 to read as follows:
6 S 13-0355. SALTWATER RECREATIONAL FISHING REGISTRY.
7 1. DEFINITIONS OF REGISTRATION; PRIVILEGES. REGISTRATION WITH THE
8 SALTWATER RECREATIONAL FISHING REGISTRY ENTITLES THE PERSON SO REGIS-
9 TERED WHO IS SIXTEEN YEARS OF AGE OR OLDER TO TAKE FISH FROM THE WATERS
10 OF THE MARINE AND COASTAL DISTRICT AND TO TAKE MIGRATORY FISH OF THE SEA
11 FROM ALL WATERS OF THE STATE, EXCEPT AS PROVIDED IN SECTIONS 13-0333 AND
12 13-0335 OF THIS TITLE.
13 2. SALTWATER RECREATIONAL FISHING REGISTRY ESTABLISHED. A. THE COMMIS-
14 SIONER SHALL ADMINISTER AND MAINTAIN A REGISTRY OF PERSONS WHO ENGAGE IN
15 SALTWATER RECREATIONAL FISHING. THE COMMISSIONER MAY DESIGNATE BY RULE
16 THE METHODS OF FISHING OR THE SALTWATER AREAS FOR WHICH REGISTRATION IS
17 REQUIRED UNDER THIS SECTION. THE REGISTRY SHALL CONTAIN THE NAME,
18 ADDRESS, DATE OF BIRTH AND TELEPHONE NUMBER FOR EACH PERSON REGISTERED.
19 B. EACH PERSON REGISTERED SHALL BE ASSIGNED A UNIQUE IDENTIFICATION
20 NUMBER. SUCH UNIQUE IDENTIFICATION NUMBER SHALL CONTAIN AN EMBEDDED
21 YEAR CODE, TO BE DETERMINED BY THE COMMISSIONER, DISCRETELY DESIGNATING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08337-03-1
A. 6169 2
1 THE YEAR OF REGISTRATION OR RENEWAL OF REGISTRATION, TO ENSURE COMPLI-
2 ANCE WITH ANNUAL RENEWAL REQUIREMENTS PURSUANT TO PARAGRAPH A OF SUBDI-
3 VISION THREE OF THIS SECTION.
4 3. REGISTRY PROCEDURES. A. AN INDIVIDUAL'S SALTWATER RECREATIONAL
5 FISHING REGISTRATION SHALL EXPIRE AT THE END OF EACH CALENDAR YEAR, AND
6 MAY BE RENEWED FOR EACH SUBSEQUENT CALENDAR YEAR PURSUANT TO PARAGRAPH C
7 OF THIS SUBDIVISION.
8 B. A PERSON MAY INITIALLY REGISTER TO ENGAGE IN SALTWATER RECREATION-
9 AL FISHING:
10 (I) BY APPEARING BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE
11 COMMISSIONER; OR
12 (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM ON THE
13 DEPARTMENT WEBSITE; OR
14 (III) THROUGH A PUBLICLY ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM
15 OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE
16 TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO REGISTER PURSUANT TO
17 THIS SECTION.
18 C. A PERSON MAY RENEW HIS OR HER REGISTRATION UNDER THIS SECTION:
19 (I) BY APPEARING BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE
20 COMMISSIONER; OR
21 (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM ON THE
22 DEPARTMENT WEBSITE; OR
23 (III) THROUGH A PUBLICLY ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM
24 OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE
25 TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO RENEW REGISTRATIONS ON
26 THE REGISTRY.
27 D. A PERSON PURCHASING A FISHING LICENSE UNDER SECTION 11-0701 OF THIS
28 CHAPTER SHALL BE ASKED IF THE PERSON INTENDS TO FISH IN SALTWATER FOR
29 THE CALENDAR YEAR. IF THE PERSON ANSWERS IN THE AFFIRMATIVE, THE PERSON
30 SHALL BE INFORMED OF THE REQUIREMENTS UNDER THIS SECTION.
31 4. UNIQUE IDENTIFICATION NUMBER REQUIRED. A. EACH PERSON REGISTERED
32 SHALL AT ALL TIMES HAVE THEIR UNIQUE IDENTIFICATION NUMBER ON THE HOLD-
33 ER'S PERSON WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION.
34 B. FAILURE TO HAVE A UNIQUE IDENTIFICATION NUMBER ON ONE'S PERSON
35 WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION IS PRESUMPTIVE
36 EVIDENCE THAT SUCH PERSON IS FISHING WITHOUT BEING REGISTERED AS
37 REQUIRED BY THIS SECTION.
38 5. FEES. A FEE FOR REGISTERING ON THE REGISTRY MAY NOT BE ESTABLISHED
39 OR LEVIED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON REGIS-
40 TERING THROUGH AN ONLINE OR TELEPHONIC REGISTRATION SYSTEM MAY NOT BE
41 CHARGED A FEE FOR REGISTERING.
42 6. EXEMPTION FROM REQUIREMENT OF SALTWATER RECREATIONAL FISHING REGIS-
43 TRATION. A. MINORS UNDER THE AGE OF SIXTEEN MAY TAKE FISH AS IF THEY
44 WERE REGISTERED WITH THE SALTWATER RECREATIONAL FISHING REGISTRY.
45 B. RECREATIONAL FISHING PASSENGERS ON A MARINE AND COASTAL DISTRICT
46 PARTY OR CHARTER BOAT LICENSED PURSUANT TO SECTION 13-0336 OF THIS TITLE
47 MAY TAKE FISH AS IF THEY HELD A RECREATIONAL MARINE FISHING LICENSE.
48 7. FEDERAL REGISTRATION REQUIREMENTS. A. THE REGISTRY ESTABLISHED
49 PURSUANT TO THIS SECTION SHALL COMPLY WITH THE PROVISIONS OF THE REGIS-
50 TRY PROGRAM TO BE ESTABLISHED PURSUANT TO THE MAGNUSON-STEVENS FISHERY
51 CONSERVATION AND MANAGEMENT REAUTHORIZATION ACT, 16 U.S.C. SS 1801 ET
52 SEQ.
53 B. UPON ESTABLISHMENT OF THE REGISTRY PURSUANT TO THIS SECTION, THE
54 COMMISSIONER SHALL APPLY TO THE NATIONAL MARINE FISHERIES SERVICE OF THE
55 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR EXEMPTED STATE
56 DESIGNATION FROM THE FEDERAL REGISTRATION REQUIREMENTS.
A. 6169 3
1 8. RECIPROCITY IN BOUNDARY WATERS. IF PERSONS REGISTERED PURSUANT TO
2 THIS SECTION IN THE SALTWATER RECREATIONAL FISHING REGISTRY ARE NOT
3 REQUIRED TO HAVE LICENSES ISSUED BY A STATE NAMED IN PARAGRAPH A, B OR C
4 OF THIS SUBDIVISION WHEN FISHING IN THAT PART OF THE WATERS, SPECIFIED
5 IN SUCH PARAGRAPH, WHICH LIES WITHIN THAT STATE THEN, IN SUCH CASE, A
6 PERSON SIMILARLY REGISTERED OR LICENSED BY SUCH STATE MAY, WITHOUT BEING
7 REGISTERED PURSUANT TO THIS SECTION IN THE SALTWATER RECREATIONAL FISH-
8 ING REGISTRY, TAKE FISH AS PROVIDED IN THIS TITLE, FROM THAT PART OF
9 SUCH WATERS SPECIFIED IN PARAGRAPH A, B OR C OF THIS SUBDIVISION WHICH
10 LIES WITHIN THIS STATE:
11 A. LICENSE ISSUED BY CONNECTICUT: THOSE PARTS OF THE LONG ISLAND SOUND
12 LYING BETWEEN NEW YORK AND CONNECTICUT.
13 B. LICENSE ISSUED BY NEW JERSEY: THOSE PARTS OF NEW YORK HARBOR,
14 HUDSON RIVER, KILL VAN KULL, ARTHUR KILL, RARITAN BAY AND ATLANTIC OCEAN
15 LYING BETWEEN NEW YORK AND NEW JERSEY.
16 C. LICENSE ISSUED BY RHODE ISLAND: THOSE PARTS OF THE LONG ISLAND
17 SOUND, BLOCK ISLAND SOUND AND ATLANTIC OCEAN LYING BETWEEN NEW YORK AND
18 RHODE ISLAND.
19 S 3. Any person who purchased a lifetime recreational marine fishing
20 license shall be refunded the amount of the fee he or she paid in excess
21 of a single season license.
22 S 4. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law, provided, however, that effective immediate-
24 ly, any regulations necessary for the timely implementation of this act
25 on its effective date are authorized to be promulgated before such date.
