Bill Text: NY A08063 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires that an applicant for a commercial food fish license get an average of half of his or her income from commercial fishing or fishing over 3 consecutive years; reduces the alternative income requirement for such license from $15,000 to $10,000 per year from commercial fishing or fishing.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A08063 Detail]

Download: New_York-2011-A08063-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8063
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 27, 2011
                                      ___________
       Introduced  by  M.  of  A. THIELE, RAIA -- read once and referred to the
         Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         issuance  of  full  quota  share  striped  bass commercial permits and
         commercial food fish licenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  3  of  section  11-0303 of the environmental
    2  conservation law, as amended by chapter 150 of  the  laws  of  2007,  is
    3  amended to read as follows:
    4    3.  The  department  may,  until  December  thirty-first, two thousand
    5  [eleven] FIFTEEN, fix by  regulation  measures  for  the  management  of
    6  striped  bass,  including size limits, catch and possession limits, open
    7  and closed seasons, closed areas, restrictions on the manner  of  taking
    8  and  landing, requirements for permits and eligibility therefor, record-
    9  keeping requirements, requirements on the amount  and  type  of  fishing
   10  effort and gear, and requirements relating to transportation, possession
   11  and  sale,  provided  that such regulations are no less restrictive than
   12  requirements set forth in this chapter and provided  further  that  such
   13  regulations  are consistent with the compliance requirements of applica-
   14  ble fishery management plans adopted by the Atlantic States Marine Fish-
   15  eries Commission and with applicable provisions  of  fishery  management
   16  plans  adopted  pursuant to the Federal Fishery Conservation and Manage-
   17  ment Act (16 U.S.C. S 1800 et seq.). ANY AND ALL RULES  AND  REGULATIONS
   18  OF  THE DEPARTMENT RELATING TO INCOME QUALIFICATIONS FOR THE ISSUANCE OF
   19  A FULL QUOTA SHARE STRIPED BASS COMMERCIAL PERMIT SHALL REQUIRE A PERSON
   20  TO DEMONSTRATE IN A MANNER ACCEPTABLE TO THE DEPARTMENT THAT SUCH PERSON
   21  RECEIVED AN AVERAGE OF AT LEAST TEN THOUSAND DOLLARS OR MORE THAN  FIFTY
   22  PERCENT  OF HIS OR HER ANNUAL EARNED INCOME OVER THREE CONSECUTIVE YEARS
   23  FROM THE HARVEST OF MARINE FISH, SHELLFISH, CRUSTACEANS OR OTHER  MARINE
   24  BIOTA.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11690-01-1
       A. 8063                             2
    1    S  2.  Subparagraph  (iv)  of  paragraph d of subdivision 1 of section
    2  13-0328 of the environmental conservation law, as amended by chapter 366
    3  of the laws of 2007, is amended to read as follows:
    4    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
    5  manner acceptable to the department that they received an average of  at
    6  least  [fifteen]  TEN  thousand dollars of income over three consecutive
    7  years from commercial fishing or fishing, or who successfully complete a
    8  commercial food fish apprenticeship pursuant  to  subdivision  seven  of
    9  this  section.  As used in this subparagraph, "commercial fishing" means
   10  the taking and sale of marine resources including fish, shellfish, crus-
   11  tacea or other marine biota and "fishing" means commercial  fishing  and
   12  carrying  fishing  passengers  for hire. Individuals who wish to qualify
   13  based on income from "fishing" must hold  a  valid  marine  and  coastal
   14  district party and charter boat license. No more than ten percent of the
   15  licenses  issued  each year based on income eligibility pursuant to this
   16  paragraph shall be issued to applicants who qualify  based  solely  upon
   17  income  derived  from  operation  of or employment by a party or charter
   18  boat.
   19    S 3. Any and all rules and regulations of the department  of  environ-
   20  mental  conservation, relating to income qualifications for the issuance
   21  of a full quota share striped bass commercial permit or commercial  food
   22  fish license, which is not consistent with the provisions of subdivision
   23  3 of section 11-0303, as amended by section one of this act, or subpara-
   24  graph  (iv)  of  paragraph  d of subdivision 1 of section 13-0328 of the
   25  environmental conservation law, as amended by section two of  this  act,
   26  shall be null and void.
   27    S 4. This act shall take effect immediately.