Bill Text: NY A10467 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to marine and coastal district party and charter boat licenses; provides that the department of environmental conservation may permit reissuance of a license to a member of the immediate family of the prior holder of such license; provided that the individual to whom the license or permit is being reissued is at least sixteen years of age; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-26 - referred to environmental conservation [A10467 Detail]

Download: New_York-2009-A10467-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10467
                                 I N  A S S E M B L Y
                                    March 26, 2010
                                      ___________
       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
         marine and coastal district  party  and  charter  boat  licenses;  and
         providing for the repeal of such provisions upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5  of  section  13-0328  of  the  environmental
    2  conservation  law,  as  amended  by  chapter 366 of the laws of 2007, is
    3  amended to read as follows:
    4    5. Marine and coastal district party and charter boat licenses. Marine
    5  and coastal district party and charter boat  licenses  provided  for  by
    6  section  13-0336  of  this title shall be issued as follows, except that
    7  this subdivision shall not apply to the owner or  operator  of  a  party
    8  boat  or  charter  boat  whose vessel is classified by the United States
    9  Coast Guard as an Inspected Passenger Vessel and which  is  licensed  to
   10  carry more than six passengers:
   11    a. for the years two thousand eight through two thousand [eleven] TEN,
   12  the  annual number of marine and coastal district party and charter boat
   13  licenses issued shall not exceed the number issued in two thousand seven
   14  by more than one hundred licenses.
   15    b. FOR THE YEAR TWO THOUSAND ELEVEN, THERE SHALL BE NO  LIMIT  ON  THE
   16  ANNUAL  NUMBER  OF  MARINE  AND  COASTAL DISTRICT PARTY AND CHARTER BOAT
   17  LICENSES TO BE ISSUED.
   18    C. FOR THE YEARS AFTER TWO THOUSAND ELEVEN, THE TOTAL ANNUAL NUMBER OF
   19  MARINE AND COASTAL DISTRICT PARTY AND CHARTER BOAT LICENSES ISSUED SHALL
   20  NOT EXCEED THE TOTAL NUMBER ISSUED IN TWO THOUSAND ELEVEN.
   21    D. for the years [two thousand eight through] AFTER two thousand elev-
   22  en, persons who were issued a marine  and  coastal  district  party  and
   23  charter boat license in the previous year shall be eligible to be issued
   24  such license.
   25    [c.]  E. for the years [two thousand eight through] AFTER two thousand
   26  eleven, the department shall issue marine and coastal district party and
   27  charter boat licenses to persons who were not issued such license in the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16388-02-0
       A. 10467                            2
    1  previous year, provided that the total number of such licenses issued to
    2  such persons does not exceed the difference  between  the  annual  limit
    3  established  in  paragraph  [a]  C of this subdivision and the number of
    4  such licenses issued in the previous year pursuant to paragraph [b] D of
    5  this subdivision, subject to the following:
    6    (i)  licenses  shall  be issued in the order in which the applications
    7  were received;
    8    (ii) licenses shall be issued only to persons who hold an  Uninspected
    9  Passenger Vessel license issued by the United States Coast Guard.
   10    F.  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE DEPARTMENT MAY
   11  PERMIT REISSUANCE OF A LICENSE TO A MEMBER OF THE  IMMEDIATE  FAMILY  OF
   12  THE  PRIOR  HOLDER OF SUCH LICENSE; PROVIDED THAT THE INDIVIDUAL TO WHOM
   13  THE LICENSE OR PERMIT IS BEING REISSUED IS AT  LEAST  SIXTEEN  YEARS  OF
   14  AGE.  THE DEPARTMENT MAY PERMIT A LICENSE HOLDER TO DESIGNATE IN WRITING
   15  A MEMBER OF HIS OR HER IMMEDIATE FAMILY TO WHOM  THE  LICENSE  SHALL  BE
   16  REISSUED  IN  THE  EVENT THAT THE LICENSE OR PERMIT HOLDER DIES PRIOR TO
   17  SURRENDERING HIS OR HER LICENSE TO THE DEPARTMENT. IN THE EVENT  THAT  A
   18  DESIGNATED  IMMEDIATE  FAMILY  MEMBER  DOES  NOT  WISH  TO ENGAGE IN THE
   19  COMMERCIAL FISHING ACTIVITIES AUTHORIZED BY SUCH LICENSE, THE DEPARTMENT
   20  MAY PERMIT SUCH PERSON TO IDENTIFY  AN  ALTERNATE  PERSON  TO  WHOM  THE
   21  LICENSE  OR  PERMIT  SHALL  BE REISSUED. THE DEPARTMENT IS AUTHORIZED TO
   22  ADOPT REGULATIONS CONCERNING THE REISSUANCE OF LICENSES PURSUANT TO THIS
   23  SUBDIVISION. THE HOLDER OF A REISSUED LICENSE SHALL ENGAGE IN THE ACTIV-
   24  ITY AUTHORIZED BY THE LICENSE WITHIN THREE YEARS OF THE REISSUANCE DATE.
   25  IF THE LICENSE OR PERMIT HOLDER FAILS TO ENGAGE IN SUCH ACTIVITY  DURING
   26  THE THREE YEARS FOLLOWING REISSUANCE, THE LICENSE SHALL LAPSE AT THE END
   27  OF THE THREE YEAR PERIOD AND SHALL NOT BE RENEWED UNLESS THE DEPARTMENT,
   28  IN  ITS  DISCRETION, DETERMINES THAT THE LICENSE HOLDER'S INACTIVITY WAS
   29  JUSTIFIED BY SIGNIFICANT HARDSHIP OR UNAVOIDABLE CIRCUMSTANCES.
   30    S 2. This act shall take effect immediately and shall remain  in  full
   31  force  and  effect  until  December  31,  2015,  when upon such date the
   32  provisions of this act shall expire and be deemed repealed.