Bill Text: NY S07997 | 2017-2018 | General Assembly | Amended
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 (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - SUBSTITUTED BY A11040 [S07997 Detail]
Download: New_York-2017-S07997-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7997--A IN SENATE March 16, 2018 ___________ Introduced by Sen. BOYLE -- (at request of the Department of Environ- mental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14408-04-8S. 7997--A 2 1 not issued such license in the previous year provided that the total 2 number of such licenses issued to such persons does not exceed the 3 difference between the number of licenses established in paragraph a of 4 this subdivision and the number of such licenses issued pursuant to 5 paragraph b of this subdivision, subject to the following: 6 (i) licenses shall be issued in the order in which the applications 7 were received, except that where multiple applications are received by 8 the department on the same day, applicants for whom the department has 9 received notice of successful completion of an apprenticeship pursuant 10 to subdivision seven of this section shall be considered by the depart- 11 ment prior to other applicants; 12 (ii) licenses may be issued to individuals only; 13 (iii) licenses shall be issued to applicants who are sixteen years of 14 age or older at the time of the application; and 15 (iv) licenses shall be issued only to persons who demonstrate in a 16 manner acceptable to the department that they received an average of at 17 least fifteen thousand dollars of income over three consecutive years 18 from commercial fishing or fishing, or who successfully complete a 19 commercial food fish apprenticeship pursuant to subdivision seven of 20 this section. As used in this subparagraph, "commercial fishing" means 21 the taking and sale of marine resources including fish, shellfish, crus- 22 tacea or other marine biota and "fishing" means commercial fishing and 23 carrying fishing passengers for hire. Individuals who wish to qualify 24 based on income from "fishing" must hold a valid marine and coastal 25 district party and charter boat license. No more than ten percent of the 26 licenses issued each year based on income eligibility pursuant to this 27 paragraph shall be issued to applicants who qualify based solely upon 28 income derived from operation of or employment by a party or charter 29 boat. For the income evaluation of this subdivision, the department may 30 consider persons who would otherwise be eligible but for having served 31 in the United States armed forces on active duty, provided that such 32 individual has received an honorable or general discharge, shall not be 33 deemed ineligible. 34 2. Commercial lobster permits. Commercial lobster permits provided for 35 by section 13-0329 of this title shall be issued as follows: 36 for the period beginning January first, two thousand eighteen, through 37 December thirty-first, two thousand [eighteen] nineteen, only persons 38 who were issued a commercial lobster permit in the previous year shall 39 be eligible to be issued such permit. 40 3. Commercial crab permits. Commercial crab permits provided for by 41 section 13-0331 of this title shall be issued as follows: 42 a. for the period beginning January first, two thousand eighteen 43 through December thirty-first, two thousand [eighteen] nineteen, the 44 number of resident commercial crab permits and the number of non-resi- 45 dent commercial crab permits shall not exceed the following annual 46 limits: 47 (i) for two thousand eighteen, the number of permits shall be limited 48 to the number of permits issued in two thousand seventeen, plus fifty 49 percent of any difference between the number of permits issued in two 50 thousand seventeen and five hundred sixty-three[.]; and 51 (ii) for two thousand nineteen, the number of permits shall be limited 52 to the number of permits established in subparagraph (i) of this para- 53 graph. 54 b. for the period beginning January first, two thousand eighteen 55 through December thirty-first, two thousand [eighteen] nineteen, personsS. 7997--A 3 1 who were issued a commercial crab permit in the previous year shall be 2 eligible to be issued such permit. 3 c. for the period beginning January first, two thousand eighteen 4 through December thirty-first, two thousand [eighteen] nineteen, the 5 department shall issue commercial crab permits to persons who were not 6 issued such permit in the previous year provided that the total number 7 of such permits issued to such persons does not exceed the difference 8 between the number of permits established in paragraph a of this subdi- 9 vision and the number of such permits issued pursuant to paragraph b of 10 this subdivision, subject to the following: 11 (i) permits shall be issued in the order in which the applications 12 were received, except that where multiple applications are received by 13 the department on the same day, applicants for whom the department has 14 received notice of successful completion of an apprenticeship pursuant 15 to subdivision seven of this section shall be considered by the depart- 16 ment prior to other applicants; 17 (ii) permits may be issued to individuals only; 18 (iii) permits shall be issued to applicants who are sixteen years of 19 age or older at the time of the application; and 20 (iv) permits shall be issued only to persons who demonstrate in a 21 manner acceptable to the department that they received an average of at 22 least fifteen thousand dollars of income over three consecutive years 23 from commercial fishing or fishing, or who successfully complete an 24 apprenticeship pursuant to subdivision seven of this section. As used in 25 this subparagraph, "commercial fishing" means the taking and sale of 26 marine resources including fish, shellfish, crustacea or other marine 27 biota and "fishing" means commercial fishing and carrying fishing 28 passengers for hire. Individuals who wish to qualify based on income 29 from "fishing" must hold a valid marine and coastal district party and 30 charter boat license. No more than ten percent of the permits issued 31 each year based on income eligibility pursuant to this paragraph shall 32 be issued to applicants who qualify based upon income derived from oper- 33 ation of or employment by a party or charter boat. 34 4. Commercial whelk or conch licenses. Commercial whelk or conch 35 licenses provided for by section 13-0330 of this title shall be issued 36 as follows: 37 a. for the period beginning January first, two thousand eighteen 38 through December thirty-first, two thousand [eighteen] nineteen, the 39 number of resident commercial whelk or conch licenses and the number of 40 non-resident commercial whelk or conch licenses shall not exceed the 41 following annual limits: 42 (i) for two thousand eighteen, the number of licenses shall be limited 43 to the number of licenses issued in two thousand seventeen plus fifty 44 percent of any difference between the number of licenses issued in two 45 thousand seventeen and two hundred fifty-two[.]; and 46 (ii) for two thousand nineteen, the number of licenses shall be limit- 47 ed to the number of licenses established in subparagraph (i) of this 48 paragraph. 49 b. for the period beginning January first, two thousand eighteen 50 through December thirty-first, two thousand [eighteen] nineteen, persons 51 who were issued a commercial whelk or conch license in the previous year 52 shall be eligible to be issued such license. 53 c. for the period beginning January first, two thousand eighteen 54 through December thirty-first, two thousand [eighteen] nineteen, persons 55 who were not issued a commercial whelk or conch license in the previous 56 year shall be eligible to be issued such license provided that the totalS. 7997--A 4 1 number of such licenses issued to such persons shall not exceed the 2 difference between the number of licenses established in paragraph a of 3 this subdivision and the number of such licenses issued pursuant to 4 paragraph b of this subdivision, subject to the following: 5 (i) licenses shall be issued in the order in which the applications 6 were received, except that where multiple applications are received by 7 the department on the same day, applicants for whom the department has 8 received notice of successful completion of an apprenticeship pursuant 9 to subdivision seven of this section shall be considered by the depart- 10 ment prior to other applicants; 11 (ii) licenses may be issued to individuals only; 12 (iii) licenses shall be issued to applicants who are sixteen years of 13 age or older at the time of the application; and 14 (iv) licenses shall be issued only to persons who demonstrate in a 15 manner acceptable to the department that they received an average of at 16 least fifteen thousand dollars of income over three consecutive years 17 from commercial fishing or fishing, or who successfully complete an 18 apprenticeship pursuant to subdivision seven of this section. As used in 19 this subparagraph, "commercial fishing" means the taking and sale of 20 marine resources including fish, shellfish, crustacea or other marine 21 biota and "fishing" means commercial fishing and carrying fishing 22 passengers for hire. Individuals who wish to qualify based on income 23 from "fishing" must hold a valid marine and coastal district party and 24 charter boat license. No more than ten percent of the licenses issued 25 each year pursuant to this paragraph shall be issued to applicants who 26 qualify based upon income derived from operation of or employment by a 27 party or charter boat. 28 5. Marine and coastal district party and charter boat licenses. Marine 29 and coastal district party and charter boat licenses provided for by 30 section 13-0336 of this title shall be issued as follows, except that 31 this subdivision shall not apply to the owner or operator of a party 32 boat or charter boat whose vessel is classified by the United States 33 Coast Guard as an Inspected Passenger Vessel and which is licensed to 34 carry more than six passengers: 35 a. for the years two thousand [seventeen] eighteen through two thou- 36 sand [eighteen] nineteen, the annual number of marine and coastal 37 district party and charter boat licenses issued shall not exceed five 38 hundred seventeen. 39 b. for the years two thousand [seventeen] eighteen through two thou- 40 sand [eighteen] nineteen, persons who were issued a marine and coastal 41 district party and charter boat license in the previous year shall be 42 eligible to be issued such license. 43 c. for the years two thousand [seventeen] eighteen through two thou- 44 sand [eighteen] nineteen, the department shall issue marine and coastal 45 district party and charter boat licenses to persons who were not issued 46 such license in the previous year, provided that the total number of 47 licenses issued does not exceed five hundred seventeen, subject to the 48 following: 49 (i) licenses shall be issued in the order in which the applications 50 were received; 51 (ii) licenses shall be issued only to persons who hold an Uninspected 52 Passenger Vessel license issued by the United States Coast Guard. 53 § 2. This act shall take effect December 31, 2018, provided that any 54 regulations necessary for the timely implementation of the provisions of 55 this act on its effective date may be promulgated on or before such 56 date.
