Bill Text: NY A11040 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to commercial fishing licenses extending the time period such licenses may be issued and setting limits on the number of licenses to be issued.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-06-20 - RECOMMITTED TO RULES [A11040 Detail]
Download: New_York-2017-A11040-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11040 IN ASSEMBLY May 31, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright) -- (at request of the Department of Environmental Conservation) -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to commercial fishing licenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2, 3, 4 and 5 of section 13-0328 of the 2 environmental conservation law, as amended by chapter 225 of the laws of 3 2017, are amended to read as follows: 4 1. Commercial food fish licenses. Commercial food fish licenses 5 provided for by section 13-0335 of this title shall be issued as 6 follows: 7 a. for the period beginning January first, two thousand eighteen 8 through December thirty-first, two thousand [eighteen] nineteen, the 9 number of resident commercial food fish licenses and the number of non- 10 resident commercial food fish licenses shall not exceed the following 11 annual limits: 12 (i) for two thousand eighteen, the number of licenses shall be limited 13 to the number of licenses issued in two thousand seventeen, plus fifty 14 percent of any difference between the number of licenses issued in two 15 thousand seventeen and nine hundred sixty-nine[.]; and 16 (ii) for two thousand nineteen, the number of licenses shall be limit- 17 ed to the number of licenses established in subparagraph (i) of this 18 paragraph. 19 b. for the period beginning January first, two thousand eighteen 20 through December thirty-first, two thousand [eighteen] nineteen, persons 21 who were issued a commercial food fish license in the previous year 22 shall be eligible to be issued such license. 23 c. for the period beginning January first, two thousand eighteen 24 through December thirty-first, two thousand [eighteen] nineteen, the 25 department shall issue commercial food fish licenses to persons who were 26 not issued such license in the previous year provided that the total 27 number of such licenses issued to such persons does not exceed the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14408-05-8A. 11040 2 1 difference between the number of licenses established in paragraph a of 2 this subdivision and the number of such licenses issued pursuant to 3 paragraph b of this subdivision, subject to the following: 4 (i) licenses shall be issued in the order in which the applications 5 were received, except that where multiple applications are received by 6 the department on the same day, applicants for whom the department has 7 received notice of successful completion of an apprenticeship pursuant 8 to subdivision seven of this section shall be considered by the depart- 9 ment prior to other applicants; 10 (ii) licenses may be issued to individuals only; 11 (iii) licenses shall be issued to applicants who are sixteen years of 12 age or older at the time of the application; and 13 (iv) licenses shall be issued only to persons who demonstrate in a 14 manner acceptable to the department that they received an average of at 15 least fifteen thousand dollars of income over three consecutive years 16 from commercial fishing or fishing, or who successfully complete a 17 commercial food fish apprenticeship pursuant to subdivision seven of 18 this section. As used in this subparagraph, "commercial fishing" means 19 the taking and sale of marine resources including fish, shellfish, crus- 20 tacea or other marine biota and "fishing" means commercial fishing and 21 carrying fishing passengers for hire. Individuals who wish to qualify 22 based on income from "fishing" must hold a valid marine and coastal 23 district party and charter boat license. No more than ten percent of the 24 licenses issued each year based on income eligibility pursuant to this 25 paragraph shall be issued to applicants who qualify based solely upon 26 income derived from operation of or employment by a party or charter 27 boat. For the income evaluation of this subdivision, the department may 28 consider persons who would otherwise be eligible but for having served 29 in the United States armed forces on active duty, provided that such 30 individual has received an honorable or general discharge, shall not be 31 deemed ineligible. 32 2. Commercial lobster permits. Commercial lobster permits provided for 33 by section 13-0329 of this title shall be issued as follows: 34 for the period beginning January first, two thousand eighteen, through 35 December thirty-first, two thousand [eighteen] nineteen, only persons 36 who were issued a commercial lobster permit in the previous year shall 37 be eligible to be issued such permit. 38 3. Commercial crab permits. Commercial crab permits provided for by 39 section 13-0331 of this title shall be issued as follows: 40 a. for the period beginning January first, two thousand eighteen 41 through December thirty-first, two thousand [eighteen] nineteen, the 42 number of resident commercial crab permits and the number of non-resi- 43 dent commercial crab permits shall not exceed the following annual 44 limits: 45 (i) for two thousand eighteen, the number of permits shall be limited 46 to the number of permits issued in two thousand seventeen, plus fifty 47 percent of any difference between the number of permits issued in two 48 thousand seventeen and five hundred sixty-three[.]; and 49 (ii) for two thousand nineteen, the number of permits shall be limited 50 to the number of permits established in subparagraph (i) of this para- 51 graph. 52 b. for the period beginning January first, two thousand eighteen 53 through December thirty-first, two thousand [eighteen] nineteen, persons 54 who were issued a commercial crab permit in the previous year shall be 55 eligible to be issued such permit.A. 11040 3 1 c. for the period beginning January first, two thousand eighteen 2 through December thirty-first, two thousand [eighteen] nineteen, the 3 department shall issue commercial crab permits to persons who were not 4 issued such permit in the previous year provided that the total number 5 of such permits issued to such persons does not exceed the difference 6 between the number of permits established in paragraph a of this subdi- 7 vision and the number of such permits issued pursuant to paragraph b of 8 this subdivision, subject to the following: 9 (i) permits shall be issued in the order in which the applications 10 were received, except that where multiple applications are received by 11 the department on the same day, applicants for whom the department has 12 received notice of successful completion of an apprenticeship pursuant 13 to subdivision seven of this section shall be considered by the depart- 14 ment prior to other applicants; 15 (ii) permits may be issued to individuals only; 16 (iii) permits shall be issued to applicants who are sixteen years of 17 age or older at the time of the application; and 18 (iv) permits shall be issued only to persons who demonstrate in a 19 manner acceptable to the department that they received an average of at 20 least fifteen thousand dollars of income over three consecutive years 21 from commercial fishing or fishing, or who successfully complete an 22 apprenticeship pursuant to subdivision seven of this section. As used in 23 this subparagraph, "commercial fishing" means the taking and sale of 24 marine resources including fish, shellfish, crustacea or other marine 25 biota and "fishing" means commercial fishing and carrying fishing 26 passengers for hire. Individuals who wish to qualify based on income 27 from "fishing" must hold a valid marine and coastal district party and 28 charter boat license. No more than ten percent of the permits issued 29 each year based on income eligibility pursuant to this paragraph shall 30 be issued to applicants who qualify based upon income derived from oper- 31 ation of or employment by a party or charter boat. 32 4. Commercial whelk or conch licenses. Commercial whelk or conch 33 licenses provided for by section 13-0330 of this title shall be issued 34 as follows: 35 a. for the period beginning January first, two thousand eighteen 36 through December thirty-first, two thousand [eighteen] nineteen, the 37 number of resident commercial whelk or conch licenses and the number of 38 non-resident commercial whelk or conch licenses shall not exceed the 39 following annual limits: 40 (i) for two thousand eighteen, the number of licenses shall be limited 41 to the number of licenses issued in two thousand seventeen plus fifty 42 percent of any difference between the number of licenses issued in two 43 thousand seventeen and two hundred fifty-two[.]; and 44 (ii) for two thousand nineteen, the number of licenses shall be limit- 45 ed to the number of licenses established in subparagraph (i) of this 46 paragraph. 47 b. for the period beginning January first, two thousand eighteen 48 through December thirty-first, two thousand [eighteen] nineteen, persons 49 who were issued a commercial whelk or conch license in the previous year 50 shall be eligible to be issued such license. 51 c. for the period beginning January first, two thousand eighteen 52 through December thirty-first, two thousand [eighteen] nineteen, persons 53 who were not issued a commercial whelk or conch license in the previous 54 year shall be eligible to be issued such license provided that the total 55 number of such licenses issued to such persons shall not exceed the 56 difference between the number of licenses established in paragraph a ofA. 11040 4 1 this subdivision and the number of such licenses issued pursuant to 2 paragraph b of this subdivision, subject to the following: 3 (i) licenses shall be issued in the order in which the applications 4 were received, except that where multiple applications are received by 5 the department on the same day, applicants for whom the department has 6 received notice of successful completion of an apprenticeship pursuant 7 to subdivision seven of this section shall be considered by the depart- 8 ment prior to other applicants; 9 (ii) licenses may be issued to individuals only; 10 (iii) licenses shall be issued to applicants who are sixteen years of 11 age or older at the time of the application; and 12 (iv) licenses shall be issued only to persons who demonstrate in a 13 manner acceptable to the department that they received an average of at 14 least fifteen thousand dollars of income over three consecutive years 15 from commercial fishing or fishing, or who successfully complete an 16 apprenticeship pursuant to subdivision seven of this section. As used in 17 this subparagraph, "commercial fishing" means the taking and sale of 18 marine resources including fish, shellfish, crustacea or other marine 19 biota and "fishing" means commercial fishing and carrying fishing 20 passengers for hire. Individuals who wish to qualify based on income 21 from "fishing" must hold a valid marine and coastal district party and 22 charter boat license. No more than ten percent of the licenses issued 23 each year pursuant to this paragraph shall be issued to applicants who 24 qualify based upon income derived from operation of or employment by a 25 party or charter boat. 26 5. Marine and coastal district party and charter boat licenses. Marine 27 and coastal district party and charter boat licenses provided for by 28 section 13-0336 of this title shall be issued as follows, except that 29 this subdivision shall not apply to the owner or operator of a party 30 boat or charter boat whose vessel is classified by the United States 31 Coast Guard as an Inspected Passenger Vessel and which is licensed to 32 carry more than six passengers: 33 a. for the years two thousand [seventeen] eighteen through two thou- 34 sand [eighteen] nineteen, the annual number of marine and coastal 35 district party and charter boat licenses issued shall not exceed five 36 hundred seventeen. 37 b. for the years two thousand [seventeen] eighteen through two thou- 38 sand [eighteen] nineteen, persons who were issued a marine and coastal 39 district party and charter boat license in the previous year shall be 40 eligible to be issued such license. 41 c. for the years two thousand [seventeen] eighteen through two thou- 42 sand [eighteen] nineteen, the department shall issue marine and coastal 43 district party and charter boat licenses to persons who were not issued 44 such license in the previous year, provided that the total number of 45 licenses issued does not exceed five hundred seventeen, subject to the 46 following: 47 (i) licenses shall be issued in the order in which the applications 48 were received; 49 (ii) licenses shall be issued only to persons who hold an Uninspected 50 Passenger Vessel license issued by the United States Coast Guard. 51 § 2. This act shall take effect December 31, 2018, provided that any 52 regulations necessary for the timely implementation of the provisions of 53 this act on its effective date may be promulgated on or before such 54 date.
