senate Bill S5086

Signed by Governor Amended

Relates to the regulation of commercial fishing licenses

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 17 / May / 2011
    • 1ST REPORT CAL.708
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / May / 2011
    • AMENDED ON THIRD READING 5086A
  • 06 / Jun / 2011
    • PASSED SENATE
  • 06 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 06 / Jun / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 06 / Jun / 2011
    • SUBSTITUTED FOR A7801
  • 06 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.84
  • 06 / Jun / 2011
    • PASSED ASSEMBLY
  • 06 / Jun / 2011
    • RETURNED TO SENATE
  • 22 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 03 / Aug / 2011
    • SIGNED CHAP.383

Summary

Relates to the regulation of commercial fishing licenses.

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Bill Details

Versions:
S5086
S5086A
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0328, En Con L

Votes

Sponsor Memo

BILL NUMBER:S5086

TITLE OF BILL:
An act
to amend the environmental
conservation law, in relation to
commercial fishing licenses

PURPOSE:
To extend and modify the eligibility limitations for commercial
fishing licenses.

SUMMARY OF PROVISIONS:
Amends ECL § 13-0328 to: (1) maintain a cap on the number of
commercial food fish, crab, whelk (conch), and marine and coastal
district party and charter boat licenses or permits that may be
issued; (2) maintain the current moratorium on new lobster permits;
(3) maintain the current eligibility requirements for commercial
licenses and permits; (4) continue to allow the transfer (reissuance)
of food fish and whelk licenses and lobster and crab permits to a
member of the prior holder's immediate family and clarify the
conditions under which such transfer takes place; and (5) continue
the authority of DEC to establish an apprenticeship program.

JUSTIFICATION:
Since ECL § 13-0328 was last amended in 2007, the number of commercial
fishing licenses and permits issued has generally continued to
decline as follows:

2007 2008 2009 2010

Resident Food Fish 1059 1028 1006 990
Non-Resident Food Fish 50 46 43 40
Resident Crab 605 588 589 578
Non-Resident Crab 30 30 29 28
Resident Lobster 412 384 375 337
Non-Resident Lobster 30 30 30 27
Resident Whelk 262 259 260 256
Non-Resident Whelk 12 12 12 12
Party & Charter Boat 536 530 524 501

In the opinion of DEC staff the current numbers of licenses and
permits are still too high to ensure economic viability of commercial
fishers, given the restrictions and limits on fishing activity
required under current and foreseeable federal and interstate fishery
management regulations. Accordingly, this bill would provide a
mechanism for their further reduction over the next four years. The
maximum number of party and charter boat licenses that may be issued
to uninspected passenger vessels would remain at 517. Further, a
moratorium on new commercial lobster permits would continue because of
significantly excess harvesting capacity and current lobster
management regulations do not provide for issuance of the required
lobster trap tags to any new persons. The substantial decline in
lobster abundance that has resulted from episodes of mortality
beginning in 1999 also supports continuing to prevent new entrants to
this troubled fishery.


The eligibility and transfer provisions, and apprenticeship program,
are maintained in order to uphold family and community traditions of
commercial fishing, and to provide limited opportunity for new entry
to individuals who show a commitment to the profession.

LEGISLATIVE HISTORY: Last extended by Chapter 366 of 2007.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect December 31, 2011.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5086

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sens. JOHNSON, GRISANTI -- 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
  commercial fishing licenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 13-0328 of the environmental conservation law,  as
amended  by  chapter  366  of  the  laws  of 2007, is amended to read as
follows:
S 13-0328. Commercial licenses; limited entry.
  1. Commercial  food  fish  licenses.  Commercial  food  fish  licenses
provided  for  by  section  13-0335  of  this  title  shall be issued as
follows:
  a. [for the period beginning July first, nineteen hundred  ninety-nine
and  ending  December  thirty-first,  nineteen  hundred ninety-nine, the
following persons shall be eligible to be issued a commercial food  fish
license:
  (i)  persons who held a valid commercial food fish license in nineteen
hundred ninety-eight;
  (ii) persons who held a valid commercial food fish license in nineteen
hundred ninety-six but not in nineteen hundred ninety-seven; and
  (iii) persons who submitted applications to the department during  the
period commencing January first, nineteen hundred ninety-nine and ending
on  the  effective date of this section and who were eligible to receive
such license but had not been issued such license during such period.
  b.] for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand [eleven] FIFTEEN, the number
of [residential] RESIDENT commercial food fish licenses and  the  number
of  [non-residential]  NON-RESIDENT  commercial food fish licenses shall
not exceed the following annual limits:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11226-01-1

S. 5086                             2

  (i) [for two thousand four, the number of licenses shall be limited to
the greater of the number of licenses issued in two thousand two or  the
number of licenses issued in two thousand three;
  (ii) for two thousand five, the number of licenses shall be limited to
the  number  of licenses issued in two thousand four, plus fifty percent
of any difference between the number of licenses issued in two  thousand
four and the limit established in subparagraph (i) of this paragraph;
  (iii) for two thousand six, the number of licenses shall be limited to
the  number  of licenses issued in two thousand five, plus fifty percent
of any difference between the number of licenses issued in two  thousand
five and the limit established in subparagraph (ii) of this paragraph;
  (iv)  for  two thousand seven, the number of licenses shall be limited
to the number of licenses issued in two thousand six, plus fifty percent
of any difference between the number of licenses issued in two  thousand
six and the limit established in subparagraph (iii) of this paragraph;
  (v)]  for two thousand [eight] TWELVE, the number of licenses shall be
limited to the number of licenses issued in two thousand [seven] ELEVEN,
plus fifty percent of any difference  between  the  number  of  licenses
issued  in  two  thousand  [seven]  ELEVEN and [the limit established in
subparagraph (iv) of this paragraph] ONE THOUSAND FIFTY-THREE;
  [(vi)] (II) for two thousand [nine] THIRTEEN, the number  of  licenses
shall  be  limited  to  the  number  of  licenses issued in two thousand
[eight] TWELVE, plus fifty percent of any difference between the  number
of  licenses  issued in two thousand [eight] TWELVE and the limit estab-
lished in subparagraph [(v)] (I) of this paragraph;
  [(vii)] (III) for two thousand [ten] FOURTEEN, the number of  licenses
shall be limited to the number of licenses issued in two thousand [nine]
THIRTEEN,  plus  fifty  percent  of any difference between the number of
licenses issued in two thousand [nine] THIRTEEN  and  the  limit  estab-
lished in subparagraph [(vi)] (II) of this paragraph;
  [(viii)]  (IV)  for  two  thousand  [eleven]  FIFTEEN,  the  number of
licenses shall be limited to the number of licenses issued in two  thou-
sand  [ten]  FOURTEEN,  plus fifty percent of any difference between the
number of licenses issued in two thousand [ten] FOURTEEN and  the  limit
established in subparagraph [(vii)] (III) of this paragraph.
  [c.]  B.  for  the period beginning January first, two thousand TWELVE
through December thirty-first, two thousand  [eleven]  FIFTEEN,  persons
who  were  issued  a  commercial  food fish license in the previous year
shall be eligible to be issued such license.
  [d.] C. for the period beginning January first,  two  thousand  [four]
TWELVE through December thirty-first, two thousand [eleven] FIFTEEN, the
department shall issue commercial food fish licenses to persons who were
not  issued  such  license  in the previous year provided that the total
number of such licenses issued to  such  persons  does  not  exceed  the
difference between the number of licenses established in paragraph [b] A
of  this  subdivision and the number of such licenses issued pursuant to
paragraph [c] B of this subdivision, subject to the following:
  (i) licenses shall be issued in the order in  which  the  applications
were  received,  except that where multiple applications are received by
the department on the same day, applicants for whom the  department  has
received  notice  of successful completion of an apprenticeship pursuant
to subdivision seven of this section shall be considered by the  depart-
ment prior to other applicants;
  (ii) licenses may be issued to individuals only;
  (iii)  licenses shall be issued to applicants who are sixteen years of
age or older at the time of the application; and

S. 5086                             3

  (iv) licenses shall be issued only to persons  who  demonstrate  in  a
manner  acceptable to the department that they received an average of at
least fifteen thousand dollars of income over  three  consecutive  years
from  commercial  fishing  or  fishing,  or  who successfully complete a
commercial  food  fish  apprenticeship  pursuant to subdivision seven of
this section. As used in this subparagraph, "commercial  fishing"  means
the taking and sale of marine resources including fish, shellfish, crus-
tacea  or  other marine biota and "fishing" means commercial fishing and
carrying fishing passengers for hire. Individuals who  wish  to  qualify
based  on  income  from  "fishing"  must hold a valid marine and coastal
district party and charter boat license. No more than ten percent of the
licenses issued each year based on income eligibility pursuant  to  this
paragraph  shall  be  issued to applicants who qualify based solely upon
income derived from operation of or employment by  a  party  or  charter
boat.
  2. Commercial lobster permits. Commercial lobster permits provided for
by section 13-0329 of this title shall be issued as follows:
  [a.  for the period beginning July first, nineteen hundred ninety-nine
and ending December  thirty-first,  nineteen  hundred  ninety-nine,  the
following  persons  shall  be eligible to be issued a commercial lobster
permit:
  (i) persons who held a valid commercial  lobster  permit  in  nineteen
hundred ninety-eight;
  (ii)  persons  who  held a valid commercial lobster permit in nineteen
hundred ninety-six but not in nineteen hundred ninety-seven; and
  (iii) persons who submitted applications to the department during  the
period commencing January first, nineteen hundred ninety-nine and ending
on  the  effective date of this section and who were eligible to receive
such permit but had not been issued such permit during such period.
  b.] for the period  beginning  January  first,  two  thousand  TWELVE,
through  December  thirty-first,  two  thousand  [eleven]  FIFTEEN, only
persons who were issued a commercial lobster permit in the previous year
shall be eligible to be issued such permit.
  3. Commercial crab permits. Commercial crab permits  provided  for  by
section 13-0331 of this title shall be issued as follows:
  a.  [for the period beginning July first, nineteen hundred ninety-nine
and ending December  thirty-first,  nineteen  hundred  ninety-nine,  the
following  persons  shall  be  eligible  to  be issued a commercial crab
permit:
  (i) persons who held  a  valid  commercial  crab  permit  in  nineteen
hundred ninety-eight;
  (ii)  persons  who  held  a  valid  commercial crab permit in nineteen
hundred ninety-six but not in nineteen hundred ninety-seven; and
  (iii) persons who submitted applications to the department during  the
period commencing January first, nineteen hundred ninety-nine and ending
on  the  effective date of this section and who were eligible to receive
such permit but had not been issued such permit during such period.
  b.] for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand [eleven] FIFTEEN, the number
of [residential] RESIDENT commercial crab  permits  and  the  number  of
[non-residential]  NON-RESIDENT commercial crab permits shall not exceed
the following annual limits:
  (i) [for two thousand four, the number of permits shall be limited  to
the  greater  of the number of permits issued in two thousand two or the
number of permits issued in two thousand three;

S. 5086                             4

  (ii) for two thousand five, the number of permits shall be limited  to
the number of permits issued in two thousand four, plus fifty percent of
any difference between the number of permits issued in two thousand four
and the limit established in subparagraph (i) of this paragraph;
  (iii)  for two thousand six, the number of permits shall be limited to
the number of permits issued in two thousand five, plus fifty percent of
any difference between the number of permits issued in two thousand five
and the limit established in subparagraph (ii) of this paragraph;
  (iv) for two thousand seven, the number of licenses shall  be  limited
to  the number of permits issued in two thousand six, plus fifty percent
of any difference between the number of permits issued in  two  thousand
six and the limit established in subparagraph (iii) of this paragraph;
  (v)]  for  two thousand [eight] TWELVE, the number of permits shall be
limited to the number of permits issued in two thousand [seven]  ELEVEN,
plus  fifty  percent  of  any  difference  between the number of permits
issued in two thousand [seven] ELEVEN  and  [the  limit  established  in
subparagraph (iv) of this paragraph] SIX HUNDRED SIXTEEN;
  [(vi)]  (II)  for  two thousand [nine] THIRTEEN, the number of permits
shall be limited to the number of permits issued in two thousand [eight]
TWELVE, plus fifty percent of  any  difference  between  the  number  of
permits  issued in two thousand [eight] TWELVE and the limit established
in subparagraph [(v)] (I) of this paragraph;
  [(vii)] (III) for two thousand [ten] FOURTEEN, the number  of  permits
shall  be limited to the number of permits issued in two thousand [nine]
THIRTEEN, plus fifty percent of any difference  between  the  number  of
permits issued in two thousand [nine] THIRTEEN and the limit established
in subparagraph [(vi)] (II) of this paragraph;
  [(viii)] (IV) for two thousand [eleven] FIFTEEN, the number of permits
shall  be  limited to the number of permits issued in two thousand [ten]
FOURTEEN, plus fifty percent of any difference  between  the  number  of
permits  issued in two thousand [ten] FOURTEEN and the limit established
in subparagraph [(vii)] (III) of this paragraph.
  [c.] B. for the period beginning January first,  two  thousand  TWELVE
through  December  thirty-first,  two thousand [eleven] FIFTEEN, persons
who were issued a commercial crab permit in the previous year  shall  be
eligible to be issued such permit.
  [d.]  C.  for  the period beginning January first, two thousand [four]
TWELVE through December thirty-first, two thousand [eleven] FIFTEEN, the
department shall issue commercial crab permits to persons who  were  not
issued  such  permit in the previous year provided that the total number
of such permits issued to such persons does not  exceed  the  difference
between  the  number  of  permits established in paragraph [b] A of this
subdivision and the number of such permits issued pursuant to  paragraph
[c] B of this subdivision, subject to the following:
  (i)  permits  shall  be  issued in the order in which the applications
were received, except that where multiple applications are  received  by
the  department  on the same day, applicants for whom the department has
received notice of successful completion of an  apprenticeship  pursuant
to  subdivision seven of this section shall be considered by the depart-
ment prior to other applicants;
  (ii) permits may be issued to individuals only;
  (iii) permits shall be issued to applicants who are sixteen  years  of
age or older at the time of the application; and
  (iv)  permits  shall  be  issued  only to persons who demonstrate in a
manner acceptable to the department that they received an average of  at
least  fifteen  thousand  dollars of income over three consecutive years

S. 5086                             5

from commercial fishing or fishing,  or  who  successfully  complete  an
apprenticeship pursuant to subdivision seven of this section. As used in
this  subparagraph,  "commercial  fishing"  means the taking and sale of
marine  resources  including  fish, shellfish, crustacea or other marine
biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
passengers  for  hire.  Individuals  who wish to qualify based on income
from "fishing" must hold a valid marine and coastal district  party  and
charter  boat  license.  No  more than ten percent of the permits issued
each year based on income eligibility pursuant to this  paragraph  shall
be issued to applicants who qualify based upon income derived from oper-
ation of or employment by a party or charter boat.
  4.  Commercial  whelk  or  conch  licenses.  Commercial whelk or conch
licenses provided for by section 13-0330 of this title shall  be  issued
as follows:
  a.  for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand [eleven] FIFTEEN, the number
of [residential] RESIDENT commercial whelk or  conch  licenses  and  the
number  of  [non-residential]  NON-RESIDENT  commercial  whelk  or conch
licenses shall not exceed the following annual limits:
  (i) [for two thousand four, the number of licenses shall be limited to
three hundred or the number of licenses issued in  two  thousand  three,
whichever is greater;
  (ii) for two thousand five, the number of licenses shall be limited to
the  number  of licenses issued in two thousand four, plus fifty percent
of any difference between the number of licenses issued in two  thousand
four and the limit established in subparagraph (i) of this paragraph;
  (iii) for two thousand six, the number of licenses shall be limited to
the  number  of licenses issued in two thousand five, plus fifty percent
of any difference between the number of licenses issued in two  thousand
five and the limit established in subparagraph (ii) of this paragraph;
  (iv)  for  two thousand seven, the number of licenses shall be limited
to the number of licenses issued in two thousand six, plus fifty percent
of any difference between the number of licenses issued in two  thousand
six and the limit established in subparagraph (iii) of this paragraph;
  (v)]  for two thousand [eight] TWELVE, the number of licenses shall be
limited to the number of licenses issued in two thousand [seven] ELEVEN,
plus fifty percent of any difference  between  the  number  of  licenses
issued  in  two  thousand  [seven]  ELEVEN and [the limit established in
subparagraph (iv) of this paragraph] TWO HUNDRED SEVENTY-ONE;
  [(vi)] (II) for two thousand [nine] THIRTEEN, the number  of  licenses
shall  be  limited  to  the  number  of  licenses issued in two thousand
[eight] TWELVE, plus fifty percent of any difference between the  number
of  licenses  issued in two thousand [eight] TWELVE and the limit estab-
lished in subparagraph [(v)] (I) of this paragraph;
  [(vii)] (III) for two thousand [ten] FOURTEEN, the number of  licenses
shall be limited to the number of licenses issued in two thousand [nine]
THIRTEEN,  plus  fifty  percent  of any difference between the number of
licenses issued in two thousand [nine] THIRTEEN  and  the  limit  estab-
lished in subparagraph [(vi)] (II) of this paragraph;
  [(viii)]  (IV)  for  two  thousand  [eleven]  FIFTEEN,  the  number of
licenses shall be limited to the number of licenses issued in two  thou-
sand  [ten]  FOURTEEN,  plus fifty percent of any difference between the
number of licenses issued in two thousand [ten] FOURTEEN and  the  limit
established in subparagraph [(vii)] (III) of this paragraph.
  b.  for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand  [eleven]  FIFTEEN,  persons

S. 5086                             6

who were issued a commercial whelk or conch license in the previous year
shall be eligible to be issued such license.
  c.  for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand  [eleven]  FIFTEEN,  persons
who  were not issued a commercial whelk or conch license in the previous
year shall be eligible to be issued such license provided that the total
number of such licenses issued to such  persons  shall  not  exceed  the
difference  between the number of licenses established in paragraph a of
this subdivision and the number of  such  licenses  issued  pursuant  to
paragraph b of this subdivision, subject to the following:
  (i)  licenses  shall  be issued in the order in which the applications
were received, except that where multiple applications are  received  by
the  department  on the same day, applicants for whom the department has
received notice of successful completion of an  apprenticeship  pursuant
to  subdivision seven of this section shall be considered by the depart-
ment prior to other applicants;
  (ii) licenses may be issued to individuals only;
  (iii) licenses shall be issued to applicants who are sixteen years  of
age or older at the time of the application; and
  (iv)  licenses  shall  be  issued only to persons who demonstrate in a
manner acceptable to the department that they received an average of  at
least  fifteen  thousand  dollars of income over three consecutive years
from commercial fishing or fishing,  or  who  successfully  complete  an
apprenticeship pursuant to subdivision seven of this section. As used in
this  subparagraph,  "commercial  fishing"  means the taking and sale of
marine resources including fish, shellfish, crustacea  or  other  marine
biota  and  "fishing"  means  commercial  fishing  and  carrying fishing
passengers for hire. Individuals who wish to  qualify  based  on  income
from  "fishing"  must hold a valid marine and coastal district party and
charter boat license. No more than ten percent of  the  licenses  issued
each  year  pursuant to this paragraph shall be issued to applicants who
qualify based upon income derived from operation of or employment  by  a
party or charter boat.
  5. Marine and coastal district party and charter boat licenses. Marine
and  coastal  district  party  and charter boat licenses provided for by
section 13-0336 of this title shall be issued as  follows,  except  that
this  subdivision  shall  not  apply to the owner or operator of a party
boat or charter boat whose vessel is classified  by  the  United  States
Coast  Guard  as  an Inspected Passenger Vessel and which is licensed to
carry more than six passengers:
  a. [for the years two thousand eight through two thousand eleven, the]
THE annual number of marine and coastal district party and charter  boat
licenses  issued  shall  not  exceed  [the number issued in two thousand
seven by more than one hundred licenses] FIVE HUNDRED SEVENTEEN.
  b. [for the years two thousand  eight  through  two  thousand  eleven,
persons] PERSONS who were issued a marine and coastal district party and
charter boat license in the previous year shall be eligible to be issued
such license.
  c. [for the years two thousand eight through two thousand eleven, the]
THE department shall issue marine and coastal district party and charter
boat  licenses to persons who were not issued such license in the previ-
ous year, provided that the total number of [such] licenses  issued  [to
such  persons]  does not exceed [the difference between the annual limit
established in paragraph a of this subdivision and the  number  of  such
licenses  issued  in  the  previous year pursuant to paragraph b of this
subdivision] FIVE HUNDRED SEVENTEEN, subject to the following:

S. 5086                             7

  (i) licenses shall be issued in the order in  which  the  applications
were received;
  (ii)  licenses shall be issued only to persons who hold an Uninspected
Passenger Vessel license issued by the United States Coast Guard.
  6. License or permit reissuance.
  a. Notwithstanding the provisions of subdivisions one, two, three  and
four  of this section, the department may permit reissuance of a license
or permit to a member of the immediate family of  the  prior  holder  of
such license or permit; provided that the individual to whom the license
or  permit  is  being  reissued  is  at  least sixteen years of age. The
department may permit a license or permit holder to designate in writing
a member of his or her immediate family to whom the  license  or  permit
shall  be  reissued  in the event that the license or permit holder dies
prior to surrendering his or her license or permit to the department.
  b. In the event that a designated immediate  family  member  does  not
wish  to  engage in the commercial fishing activities authorized by such
license or permit, the department may permit such person to identify  an
alternate  person  to  whom the license or permit shall be reissued. The
department is authorized to adopt regulations concerning the  reissuance
of licenses or permits pursuant to this subdivision.
  [b.] C. The holder of a reissued license or permit shall engage in the
activity  authorized  by the license or permit within three years of the
reissuance date. If the license or permit holder fails to engage in such
activity during the three years following  reissuance,  the  license  or
permit  shall lapse at the end of the three year period and shall not be
renewed unless the department, in its discretion,  determines  that  the
license or permit holder's inactivity was justified by significant hard-
ship or unavoidable circumstances.
  7.  Commercial  license  apprenticeship  program.  The  department  is
authorized to adopt regulations establishing an  apprenticeship  program
for  persons  who  wish  to  obtain a commercial crab permit pursuant to
section 13-0331 of this title, a commercial food fish  license  pursuant
to  section  13-0335 of this title or a commercial whelk (conch) license
pursuant to section 13-0330 of this title. Upon successful completion of
the apprenticeship program, a person shall become eligible to receive  a
commercial  crab  permit,  commercial  food fish license or a commercial
whelk (conch) license, as applicable, subject to the provisions of para-
graph [d] C of subdivision one, paragraph [d] C  of  subdivision  three,
and paragraph c of subdivision four of this section, respectively.
  S 2. This act shall take effect December 31, 2011.

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