Bill Text: NY A02575 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to commercial fishing licenses; extends the time period such licenses may be issued and sets limits on the number of licenses to be issued.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-03-25 - signed chap.21 [A02575 Detail]
Download: New_York-2019-A02575-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2575 2019-2020 Regular Sessions IN ASSEMBLY January 23, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT -- 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] twenty, 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[.]; 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; and 19 (iii) for two thousand twenty, the number of licenses shall be limited 20 to the number of licenses established in subparagraph (i) of this para- 21 graph. 22 b. for the period beginning January first, two thousand [eighteen] 23 nineteen through December thirty-first, two thousand [eighteen] twenty, 24 persons who were issued a commercial food fish license in the previous 25 year shall be eligible to be issued such license. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08720-02-9A. 2575 2 1 c. for the period beginning January first, two thousand [eighteen] 2 nineteen through December thirty-first, two thousand [eighteen] twenty, 3 the department shall issue commercial food fish licenses to persons who 4 were not issued such license in the previous year provided that the 5 total number of such licenses issued to such persons does not exceed the 6 difference between the number of licenses established in paragraph a of 7 this subdivision and the number of such licenses issued pursuant to 8 paragraph b of this subdivision, subject to the following: 9 (i) licenses 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) licenses may be issued to individuals only; 16 (iii) licenses shall be issued to applicants who are sixteen years of 17 age or older at the time of the application; and 18 (iv) licenses 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 a 22 commercial food fish apprenticeship pursuant to subdivision seven of 23 this section. As used in this subparagraph, "commercial fishing" means 24 the taking and sale of marine resources including fish, shellfish, crus- 25 tacea or other marine biota and "fishing" means commercial fishing and 26 carrying fishing passengers for hire. Individuals who wish to qualify 27 based on income from "fishing" must hold a valid marine and coastal 28 district party and charter boat license. No more than ten percent of the 29 licenses issued each year based on income eligibility pursuant to this 30 paragraph shall be issued to applicants who qualify based solely upon 31 income derived from operation of or employment by a party or charter 32 boat. For the income evaluation of this subdivision, the department may 33 consider persons who would otherwise be eligible but for having served 34 in the United States armed forces on active duty, provided that such 35 individual has received an honorable or general discharge, shall not be 36 deemed ineligible. 37 2. Commercial lobster permits. Commercial lobster permits provided for 38 by section 13-0329 of this title shall be issued as follows: 39 for the period beginning January first, two thousand [eighteen] nine- 40 teen, through December thirty-first, two thousand [eighteen] twenty, 41 only persons who were issued a commercial lobster permit in the previous 42 year shall be eligible to be issued such permit. 43 3. Commercial crab permits. Commercial crab permits provided for by 44 section 13-0331 of this title shall be issued as follows: 45 a. for the period beginning January first, two thousand eighteen 46 through December thirty-first, two thousand [eighteen] twenty, the 47 number of resident commercial crab permits and the number of non-resi- 48 dent commercial crab permits shall not exceed the following annual 49 limits: 50 (i) for two thousand eighteen, the number of permits shall be limited 51 to the number of permits issued in two thousand seventeen, plus fifty 52 percent of any difference between the number of permits issued in two 53 thousand seventeen and five hundred sixty-three[.]; 54 (ii) for two thousand nineteen, the number of permits shall be limited 55 to the number of permits established in subparagraph (i) of this para- 56 graph; andA. 2575 3 1 (iii) for two thousand twenty, the number of permits shall be limited 2 to the number of permits established in subparagraph (i) of this para- 3 graph. 4 b. for the period beginning January first, two thousand [eighteen] 5 nineteen through December thirty-first, two thousand [eighteen] twenty, 6 persons who were issued a commercial crab permit in the previous year 7 shall be eligible to be issued such permit. 8 c. for the period beginning January first, two thousand [eighteen] 9 nineteen through December thirty-first, two thousand [eighteen] twenty, 10 the department shall issue commercial crab permits to persons who were 11 not issued such permit in the previous year provided that the total 12 number of such permits issued to such persons does not exceed the 13 difference between the number of permits established in paragraph a of 14 this subdivision and the number of such permits issued pursuant to para- 15 graph b of this subdivision, subject to the following: 16 (i) permits shall be issued in the order in which the applications 17 were received, except that where multiple applications are received by 18 the department on the same day, applicants for whom the department has 19 received notice of successful completion of an apprenticeship pursuant 20 to subdivision seven of this section shall be considered by the depart- 21 ment prior to other applicants; 22 (ii) permits may be issued to individuals only; 23 (iii) permits shall be issued to applicants who are sixteen years of 24 age or older at the time of the application; and 25 (iv) permits shall be issued only to persons who demonstrate in a 26 manner acceptable to the department that they received an average of at 27 least fifteen thousand dollars of income over three consecutive years 28 from commercial fishing or fishing, or who successfully complete an 29 apprenticeship pursuant to subdivision seven of this section. As used in 30 this subparagraph, "commercial fishing" means the taking and sale of 31 marine resources including fish, shellfish, crustacea or other marine 32 biota and "fishing" means commercial fishing and carrying fishing 33 passengers for hire. Individuals who wish to qualify based on income 34 from "fishing" must hold a valid marine and coastal district party and 35 charter boat license. No more than ten percent of the permits issued 36 each year based on income eligibility pursuant to this paragraph shall 37 be issued to applicants who qualify based upon income derived from oper- 38 ation of or employment by a party or charter boat. 39 4. Commercial whelk or conch licenses. Commercial whelk or conch 40 licenses provided for by section 13-0330 of this title shall be issued 41 as follows: 42 a. for the period beginning January first, two thousand eighteen 43 through December thirty-first, two thousand [eighteen] twenty, the 44 number of resident commercial whelk or conch licenses and the number of 45 non-resident commercial whelk or conch licenses shall not exceed the 46 following annual limits: 47 (i) for two thousand eighteen, the number of licenses shall be limited 48 to the number of licenses issued in two thousand seventeen plus fifty 49 percent of any difference between the number of licenses issued in two 50 thousand seventeen and two hundred fifty-two[.]; 51 (ii) for two thousand nineteen, the number of licenses shall be limit- 52 ed to the number of licenses established in subparagraph (i) of this 53 paragraph; and 54 (iii) for two thousand twenty, the number of licenses shall be limited 55 to the number of licenses established in subparagraph (i) of this para- 56 graph.A. 2575 4 1 b. for the period beginning January first, two thousand [eighteen] 2 nineteen through December thirty-first, two thousand [eighteen] twenty, 3 persons who were issued a commercial whelk or conch license in the 4 previous year shall be eligible to be issued such license. 5 c. for the period beginning January first, two thousand [eighteen] 6 nineteen through December thirty-first, two thousand [eighteen] twenty, 7 persons who were not issued a commercial whelk or conch license in the 8 previous year shall be eligible to be issued such license provided that 9 the total number of such licenses issued to such persons shall not 10 exceed the difference between the number of licenses established in 11 paragraph a of this subdivision and the number of such licenses issued 12 pursuant to paragraph b of this subdivision, subject to the following: 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, applicants for whom the department has 16 received notice of successful completion of an apprenticeship pursuant 17 to subdivision seven of this section shall be considered by the depart- 18 ment prior to other applicants; 19 (ii) licenses may be issued to individuals only; 20 (iii) licenses shall be issued to applicants who are sixteen years of 21 age or older at the time of the application; and 22 (iv) licenses shall be issued only to persons who demonstrate in a 23 manner acceptable to the department that they received an average of at 24 least fifteen thousand dollars of income over three consecutive years 25 from commercial fishing or fishing, or who successfully complete an 26 apprenticeship pursuant to subdivision seven of this section. As used in 27 this subparagraph, "commercial fishing" means the taking and sale of 28 marine resources including fish, shellfish, crustacea or other marine 29 biota and "fishing" means commercial fishing and carrying fishing 30 passengers for hire. Individuals who wish to qualify based on income 31 from "fishing" must hold a valid marine and coastal district party and 32 charter boat license. No more than ten percent of the licenses issued 33 each year pursuant to this paragraph shall be issued to applicants who 34 qualify based upon income derived from operation of or employment by a 35 party or charter boat. 36 5. Marine and coastal district party and charter boat licenses. Marine 37 and coastal district party and charter boat licenses provided for by 38 section 13-0336 of this title shall be issued as follows, except that 39 this subdivision shall not apply to the owner or operator of a party 40 boat or charter boat whose vessel is classified by the United States 41 Coast Guard as an Inspected Passenger Vessel and which is licensed to 42 carry more than six passengers: 43 a. for the years two thousand [seventeen] nineteen through two thou- 44 sand [eighteen] twenty, the annual number of marine and coastal district 45 party and charter boat licenses issued shall not exceed five hundred 46 seventeen. 47 b. for the years two thousand [seventeen] nineteen through two thou- 48 sand [eighteen] twenty, persons who were issued a marine and coastal 49 district party and charter boat license in the previous year shall be 50 eligible to be issued such license. 51 c. for the years two thousand [seventeen] nineteen through two thou- 52 sand [eighteen] twenty, the department shall issue marine and coastal 53 district party and charter boat licenses to persons who were not issued 54 such license in the previous year, provided that the total number of 55 licenses issued does not exceed five hundred seventeen, subject to the 56 following:A. 2575 5 1 (i) licenses shall be issued in the order in which the applications 2 were received; 3 (ii) licenses shall be issued only to persons who hold an Uninspected 4 Passenger Vessel license issued by the United States Coast Guard. 5 § 2. This act shall take effect immediately.
