Bill Text: NY A07380 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the issuance of commercial food fish licenses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-08-23 - signed chap.306 [A07380 Detail]
Download: New_York-2023-A07380-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7380 2023-2024 Regular Sessions IN ASSEMBLY May 18, 2023 ___________ Introduced by M. of A. THIELE -- (at request of the Department of Envi- ronmental Conservation) -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to commercial food fish 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 760 of the laws of 3 2022, 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 [twenty-three] twenty-six, 9 the number of resident commercial food fish licenses and the number of 10 non-resident commercial food fish licenses shall not exceed the follow- 11 ing 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; 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 (iv) for two thousand twenty-one, the number of licenses shall be 23 limited to the number of licenses established in subparagraph (i) of 24 this paragraph; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05902-01-3A. 7380 2 1 (v) for two thousand twenty-two, the number of licenses shall be 2 limited to the number of licenses established in subparagraph (i) of 3 this paragraph; [and] 4 (vi) for two thousand twenty-three, the number of licenses shall be 5 limited to the number of licenses established in subparagraph (i) of 6 [the] this paragraph; 7 (vii) for two thousand twenty-four, the number of licenses shall be 8 limited to the number of licenses established in subparagraph (i) of 9 this paragraph; 10 (viii) for two thousand twenty-five, the number of licenses shall be 11 limited to the number of licenses established in subparagraph (i) of 12 this paragraph; and 13 (ix) for two thousand twenty-six, the number of licenses shall be 14 limited to the number of licenses established in subparagraph (i) of 15 this paragraph. 16 b. for the period beginning January first, two thousand [twenty-two] 17 twenty-three through December thirty-first, two thousand [twenty-three] 18 twenty-six, persons who were issued a commercial food fish license in 19 the previous year shall be eligible to be issued such license. 20 c. for the period beginning January first, two thousand [twenty-two] 21 twenty-three through December thirty-first, two thousand [twenty-three] 22 twenty-six, the department shall issue commercial food fish licenses to 23 persons who were not issued such license in the previous year provided 24 that the total number of such licenses issued to such persons does not 25 exceed the difference between the number of licenses established in 26 paragraph a of this subdivision and the number of such licenses issued 27 pursuant to paragraph b of this subdivision, subject to the following: 28 (i) licenses shall be issued in the order in which the applications 29 were received, except that where multiple applications are received by 30 the department on the same day, applicants for whom the department has 31 received notice of successful completion of an apprenticeship pursuant 32 to subdivision seven of this section shall be considered by the depart- 33 ment prior to other applicants; 34 (ii) licenses may be issued to individuals only; 35 (iii) licenses shall be issued to applicants who are sixteen years of 36 age or older at the time of the application; and 37 (iv) licenses shall be issued only to persons who demonstrate in a 38 manner acceptable to the department that they received an average of at 39 least fifteen thousand dollars of income over three consecutive years 40 from commercial fishing or fishing, or who successfully complete a 41 commercial food fish apprenticeship pursuant to subdivision seven of 42 this section. As used in this subparagraph, "commercial fishing" means 43 the taking and sale of marine resources including fish, shellfish, crus- 44 tacea or other marine biota and "fishing" means commercial fishing and 45 carrying fishing passengers for hire. Individuals who wish to qualify 46 based on income from "fishing" must hold a valid marine and coastal 47 district party and charter boat license. No more than ten percent of the 48 licenses issued each year based on income eligibility pursuant to this 49 paragraph shall be issued to applicants who qualify based solely upon 50 income derived from operation of or employment by a party or charter 51 boat. For the income evaluation of this subdivision, the department may 52 consider persons who would otherwise be eligible but for having served 53 in the United States armed forces on active duty, provided that such 54 individual (1) has received an honorable or general discharge, or (2) 55 has a qualifying condition, as defined in section one of the veteran's 56 services law, and has received a discharge other than bad conduct orA. 7380 3 1 dishonorable from such service, or (3) is a discharged LGBT veteran, as 2 defined in section one of the veteran's services law, and has received a 3 discharge other than bad conduct or dishonorable from such service, 4 shall not be deemed ineligible. 5 2. Commercial lobster permits. Commercial lobster permits provided for 6 by section 13-0329 of this title shall be issued as follows: 7 for the period beginning January first, two thousand [twenty-two] 8 twenty-three, through December thirty-first, two thousand [twenty-three] 9 twenty-six, only persons who were issued a commercial lobster permit in 10 the previous year shall be eligible to be issued such permit. 11 3. Commercial crab permits. Commercial crab permits provided for by 12 section 13-0331 of this title shall be issued as follows: 13 a. for the period beginning January first, two thousand eighteen 14 through December thirty-first, two thousand [twenty-three] twenty-six, 15 the number of resident commercial crab permits and the number of non-re- 16 sident commercial crab permits shall not exceed the following annual 17 limits: 18 (i) for two thousand eighteen, the number of permits shall be limited 19 to the number of permits issued in two thousand seventeen, plus fifty 20 percent of any difference between the number of permits issued in two 21 thousand seventeen and five hundred sixty-three; 22 (ii) for two thousand nineteen, the number of permits shall be limited 23 to the number of permits established in subparagraph (i) of this para- 24 graph; 25 (iii) for two thousand twenty, the number of permits shall be limited 26 to the number of permits established in subparagraph (i) of this para- 27 graph; 28 (iv) for two thousand twenty-one, the number of licenses shall be 29 limited to the number of licenses established in subparagraph (i) of 30 this paragraph; 31 (v) for two thousand twenty-two, the number of licenses shall be 32 limited to the number of licenses established in subparagraph (i) of 33 this paragraph; [and] 34 (vi) for two thousand twenty-three, the number of licenses shall be 35 limited to the number of licenses established in subparagraph (i) of 36 [the] this paragraph; 37 (vii) for two thousand twenty-four, the number of licenses shall be 38 limited to the number of licenses established in subparagraph (i) of 39 this paragraph; 40 (viii) for two thousand twenty-five, the number of licenses shall be 41 limited to the number of licenses established in subparagraph (i) of 42 this paragraph; and 43 (ix) for two thousand twenty-six, the number of licenses shall be 44 limited to the number of licenses established in subparagraph (i) of 45 this paragraph. 46 b. for the period beginning January first, two thousand twenty-one 47 through December thirty-first, two thousand [twenty-three] twenty-six, 48 persons who were issued a commercial crab permit in the previous year 49 shall be eligible to be issued such permit. 50 c. for the period beginning January first, two thousand [twenty-two] 51 twenty-three through December thirty-first, two thousand [twenty-three] 52 twenty-six, the department shall issue commercial crab permits to 53 persons who were not issued such permit in the previous year provided 54 that the total number of such permits issued to such persons does not 55 exceed the difference between the number of permits established in para-A. 7380 4 1 graph a of this subdivision and the number of such permits issued pursu- 2 ant to paragraph b of this subdivision, subject to the following: 3 (i) permits 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) permits may be issued to individuals only; 10 (iii) permits shall be issued to applicants who are sixteen years of 11 age or older at the time of the application; and 12 (iv) permits 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 permits issued 23 each year based on income eligibility pursuant to this paragraph shall 24 be issued to applicants who qualify based upon income derived from oper- 25 ation of or employment by a party or charter boat. 26 4. Commercial whelk or conch licenses. Commercial whelk or conch 27 licenses provided for by section 13-0330 of this title shall be issued 28 as follows: 29 a. for the period beginning January first, two thousand eighteen 30 through December thirty-first, two thousand [twenty-three] twenty-six, 31 the number of resident commercial whelk or conch licenses and the number 32 of non-resident commercial whelk or conch licenses shall not exceed the 33 following annual limits: 34 (i) for two thousand eighteen, the number of licenses shall be limited 35 to the number of licenses issued in two thousand seventeen plus fifty 36 percent of any difference between the number of licenses issued in two 37 thousand seventeen and two hundred fifty-two; 38 (ii) for two thousand nineteen, the number of licenses shall be limit- 39 ed to the number of licenses established in subparagraph (i) of this 40 paragraph; 41 (iii) for two thousand twenty, the number of licenses shall be limited 42 to the number of licenses established in subparagraph (i) of this para- 43 graph; 44 (iv) for two thousand twenty-one, the number of licenses shall be 45 limited to the number of licenses established in subparagraph (i) of 46 this paragraph; 47 (v) for two thousand twenty-two, the number of licenses shall be 48 limited to the number of licenses established in subparagraph (i) of 49 this paragraph; [and] 50 (vi) for two thousand twenty-three, the number of licenses shall be 51 limited to the number of licenses established in subparagraph (i) of 52 this paragraph; 53 (vii) for two thousand twenty-four, the number of licenses shall be 54 limited to the number of licenses established in subparagraph (i) of 55 this paragraph;A. 7380 5 1 (viii) for two thousand twenty-five, the number of licenses shall be 2 limited to the number of licenses established in subparagraph (i) of 3 this paragraph; and 4 (ix) for two thousand twenty-six, the number of licenses shall be 5 limited to the number of licenses established in subparagraph (i) of 6 this paragraph. 7 b. for the period beginning January first, two thousand [twenty-two] 8 twenty-three through December thirty-first, two thousand [twenty-three] 9 twenty-six, persons who were issued a commercial whelk or conch license 10 in the previous year shall be eligible to be issued such license. 11 c. for the period beginning January first, two thousand [twenty-two] 12 twenty-three through December thirty-first, two thousand [twenty-three] 13 twenty-six, persons who were not issued a commercial whelk or conch 14 license in the previous year shall be eligible to be issued such license 15 provided that the total number of such licenses issued to such persons 16 shall not exceed the difference between the number of licenses estab- 17 lished in paragraph a of this subdivision and the number of such 18 licenses issued pursuant to paragraph b of this subdivision, subject to 19 the following: 20 (i) licenses shall be issued in the order in which the applications 21 were received, except that where multiple applications are received by 22 the department on the same day, applicants for whom the department has 23 received notice of successful completion of an apprenticeship pursuant 24 to subdivision seven of this section shall be considered by the depart- 25 ment prior to other applicants; 26 (ii) licenses may be issued to individuals only; 27 (iii) licenses shall be issued to applicants who are sixteen years of 28 age or older at the time of the application; and 29 (iv) licenses shall be issued only to persons who demonstrate in a 30 manner acceptable to the department that they received an average of at 31 least fifteen thousand dollars of income over three consecutive years 32 from commercial fishing or fishing, or who successfully complete an 33 apprenticeship pursuant to subdivision seven of this section. As used in 34 this subparagraph, "commercial fishing" means the taking and sale of 35 marine resources including fish, shellfish, crustacea or other marine 36 biota and "fishing" means commercial fishing and carrying fishing 37 passengers for hire. Individuals who wish to qualify based on income 38 from "fishing" must hold a valid marine and coastal district party and 39 charter boat license. No more than ten percent of the licenses issued 40 each year pursuant to this paragraph shall be issued to applicants who 41 qualify based upon income derived from operation of or employment by a 42 party or charter boat. 43 5. Marine and coastal district party and charter boat licenses. Marine 44 and coastal district party and charter boat licenses provided for by 45 section 13-0336 of this title shall be issued as follows, except that 46 this subdivision shall not apply to the owner or operator of a party 47 boat or charter boat whose vessel is classified by the United States 48 Coast Guard as an Inspected Passenger Vessel and which is licensed to 49 carry more than six passengers: 50 a. for the years two thousand [twenty-two] twenty-three through two 51 thousand [twenty-three] twenty-six, the annual number of marine and 52 coastal district party and charter boat licenses issued shall not exceed 53 five hundred seventeen. 54 b. for the years two thousand [twenty-two] twenty-three through two 55 thousand [twenty-three] twenty-six, persons who were issued a marine andA. 7380 6 1 coastal district party and charter boat license in the previous year 2 shall be eligible to be issued such license. 3 c. for the years two thousand [twenty-two] twenty-three through two 4 thousand [twenty-three] twenty-six, the department shall issue marine 5 and coastal district party and charter boat licenses to persons who were 6 not issued such license in the previous year, provided that the total 7 number of licenses issued does not exceed five hundred seventeen, 8 subject to the following: 9 (i) licenses shall be issued in the order in which the applications 10 were received; 11 (ii) licenses shall be issued only to persons who hold an Uninspected 12 Passenger Vessel license issued by the United States Coast Guard. 13 § 2. This act shall take effect immediately; provided, however, the 14 amendments to subparagraph (iv) of paragraph (c) of subdivision 1 of 15 section 13-0328 of the environmental conservation law made by section 16 one of this act shall take effect on the same date and in the same 17 manner as section 53 of part PP of chapter 56 of the laws of 2022, takes 18 effect.
