Bill Text: NY S09235 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that where the total number of commercial food fish license, commercial crab permits, commercial whelk and conch licenses, and marine and coastal district party and charter boat license applications from persons who were not issued such license in the previous year exceeds the number of licenses that are available, the department of environmental conservation shall randomly select recipients of the available licenses from among those applications received by the first business day of the applicable license year; provides for a temporary authorization where in the event of a temporary emergency, a licensee or permittee may provide written authorization for a person to temporarily undertake any licensed activities on the licensee's or permittee's behalf; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-04 - referred to environmental conservation [S09235 Detail]

Download: New_York-2023-S09235-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9235

                    IN SENATE

                                       May 7, 2024
                                       ___________

        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          certain  commercial  food  fish  licenses,  commercial  crab  permits,
          commercial  whelk or   conch   licenses, marine and  coastal  district
          party  and  charter boat licenses and certain temporary authorizations
          for certain licenses and permits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subparagraph (i) of paragraph c of subdivision 1, subpara-
     2  graph (i) of paragraph c of subdivision 3, subparagraph (i) of paragraph
     3  c of subdivision 4 and subparagraph (i) of paragraph c of subdivision  5
     4  of  section 13-0328 of the environmental conservation law, as amended by
     5  chapter 306 of the laws of 2023, are amended and a new subdivision 8  is
     6  added to read as follows:
     7    (i)  [licenses  shall be issued in the order in which the applications
     8  were received, except that where multiple applications are  received  by
     9  the  department  on  the same day,] where the total number of commercial
    10  food fish license applications from persons who  were  not  issued  such
    11  license  in  the  previous  year exceeds the number of licenses that are
    12  available, the department shall randomly select recipients of the avail-
    13  able licenses from among those applications received by the first  busi-
    14  ness  day  of  the applicable license year, provided however that appli-
    15  cants shall receive one extra entry for each  previous  year  that  they
    16  applied  for such license and were not selected, and applicants for whom
    17  the department has  received  notice  of  successful  completion  of  an
    18  apprenticeship  pursuant  to subdivision seven of this section shall [be
    19  considered by the department prior  to  other  applicants]  receive  one
    20  extra  entry,  and provided further that the department is authorized to
    21  adopt regulations to  amend  or  supplement  this  process  for  issuing
    22  commercial food fish licenses;
    23    (i)  [permits  shall  be issued in the order in which the applications
    24  were received, except that where multiple applications are  received  by
    25  the  department  on  the same day,] where the total number of commercial

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05703-02-4
        S. 9235                             2

     1  crab permit applications from persons who were not issued such permit in
     2  the previous year exceeds the number of permits that are available,  the
     3  department  shall  randomly  select  recipients of the available permits
     4  from  among those applications received by the first business day of the
     5  applicable permit year, provided however that applicants  shall  receive
     6  one extra entry for each previous year that they applied for such permit
     7  and  were  not  selected,  and  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] receive one extra entry, and provided
    11  further that the department is authorized to adopt regulations to  amend
    12  or supplement this process for issuing commercial crab permits;
    13    (i)  [licenses  shall be issued in the order in which the applications
    14  were received, except that where multiple applications are  received  by
    15  the  department  on  the same day,] where the total number of commercial
    16  whelk or conch permit applications from persons who were not issued such
    17  permit in the previous year exceeds  the  number  of  permits  that  are
    18  available, the department shall randomly select recipients of the avail-
    19  able  permits  from among those applications received by the first busi-
    20  ness day of the applicable permit year, provided however that applicants
    21  shall receive one extra entry for each previous year that  they  applied
    22  for  such  permit  and  were  not  selected, and applicants for whom the
    23  department has received notice of successful completion  of  an  appren-
    24  ticeship pursuant to subdivision seven of this section shall [be consid-
    25  ered  by  the  department  prior  to other applicants] receive one extra
    26  entry, and provided further that the department is authorized  to  adopt
    27  regulations  to  amend or supplement this process for issuing commercial
    28  whelk or conch permits;
    29    (i) [licenses shall be issued in the order in which  the  applications
    30  were  received]  where  the  total number of marine and coastal district
    31  party and charter boat license applications from persons  who  were  not
    32  issued  such license in the previous year exceeds the number of licenses
    33  that are available, the department shall randomly select  recipients  of
    34  the  available  licenses  from  among those applications received by the
    35  first business day of the applicable license year, provided however that
    36  applicants shall receive one extra entry for  each  previous  year  that
    37  they  applied  and  were  not  selected,  and  provided further that the
    38  department is authorized to adopt regulations  to  amend  or  supplement
    39  this  process  for issuing marine and coastal district party and charter
    40  boat licenses;
    41    8. Temporary authorization. In the event of a temporary  emergency,  a
    42  licensee  or permittee may provide written authorization for a person to
    43  temporarily undertake any  licensed  activities  on  the  licensee's  or
    44  permittee's  behalf.  Such authorization shall not be effective until it
    45  has been approved by the department. A copy  of  such  written  authori-
    46  zation  shall  be  filed  with  the department, and the department shall
    47  determine what constitutes a temporary  emergency  and  the  appropriate
    48  maximum  duration  of  a  temporary  emergency  for the purposes of this
    49  subdivision.   The department is  authorized  to  adopt  regulations  to
    50  establish requirements for this program.
    51    § 2. This act shall take effect immediately.