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.
                                                                   LBD14408-04-8

        S. 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, persons

        S. 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 total

        S. 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.
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