NY State Senate Bill 2015-S5138B

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2015	signed chap.212
Aug 03, 2015	delivered to governor
Jun 18, 2015	returned to senate passed assembly ordered to third reading rules cal.445 substituted for a8088a referred to environmental conservation delivered to assembly passed senate
Jun 15, 2015	amended on third reading 5138b
Jun 10, 2015	amended on third reading 5138a
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1083
May 04, 2015	referred to environmental conservation

Votes

- Jun 18, 2015 - Floor Vote
  S5138B
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Croci
  May 28, 2015 - Environmental Conservation Committee Vote
  S5138B
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 28, 2015
      
      aye (11)
      
      Addabbo Jr.
      
      Avella
      
      Funke
      
      Hoylman-Sigal
      
      Latimer
      
      Little
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Serrano
      
      Young
      
      aye wr (2)
      
      Espaillat
      
      LaValle

Bill Amendments

Original

B (Active)

2015-S5138 - Details

See Assembly Version of this Bill:: A8088
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L

2015-S5138 - Summary

Relates to issuance of commercial fishing licenses.

2015-S5138 - Sponsor Memo

                                BILL NUMBER:S5138

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
commercial fishing licenses

Purpose of the Bill:

The purpose of this bill is to extend the eligibility limitations for
commercial fishing licenses and permits.

Summary of Provisions:

Section 1 of this bill amends Environmental Conservation Law (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; and 3) maintain the current eligibil-
ity requirements.

Section 2 of this bill provides that the bill shall take effect December
3.1, 2015, provided that any regulations necessary for the timely imple-
mentation of the provisions of this act on its effective date may be
promulgated on or before such date.

Existing Law:

ECL § 13-0328 establishes, through December 31, 2015, cap and eligibil-
ity requirements for commercial food fish and whelk licenses, commercial
crab permits and marine and coastal district party and charter boat
licenses, and a moratorium on new commercial lobster permits.

Prior Legislative History:

ECL § 13-0328 was last amended to extend and modify its provisions in
Chapter 383 of the Laws of 2011.

Statement in Support:

Since ECL § 13-0328 was last amended in 2011, the number of commercial
fishing licenses and permits issued has generally continued to decline
as follows:

                              2011 2012 2013 2014

Resident Food Fish            978  969  967  950
Non-Resident Food Fish        43   38   41   40
Resident Crab                 567  558  561  546
Non-Resident Crab             28   25   27   25
Resident Lobster              344  334  326  309

Non-Resident Lobster          28   27   23   20
Resident Whelk                253  251  253  246
Non-Resident Whelk            11   12   10   11
Party & Charter Boat          502  508  475  490

In the opinion of DEC staff, the current numbers of licenses and permits
are still too high to ensure economic viability of commercial fisheries,
given  the  restrictions  and  limits on fishing activity required under
current and anticipated federal and interstate fishery management  regu-
lations.  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  complete  moratorium  would  be
maintained  on commercial lobster permits, given that significant excess
harvesting capacity exists in the lobster fishery, 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 in this troubled  fish-
ery.

Budget implications:

None.

Local impact:

This bill would have no impact on local governments.

Effective Date:

This  act  shall  take effect immediately, provided that any regulations
necessary for its timely implementation on its  effective  date  may  be
promulgated on or before such date.

2015-S5138 - Bill Text download pdf

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

                                  5138

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by Sen. MARCELLINO -- (at request of the Department of Envi-
  ronmental Conservation) -- 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.  Subdivisions  1,  2, 3, 4 and 5 of section 13-0328 of the
environmental conservation law, as amended by chapter 383 of the laws of
2011, are amended to read as follows:
  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  January  first,  two  thousand  [twelve]
SIXTEEN  through December thirty-first, two thousand [fifteen] NINETEEN,
the number of resident commercial food fish licenses and the  number  of
non-resident  commercial food fish licenses shall not exceed the follow-
ing annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited to the number  of  licenses  issued  in  two  thousand  [eleven]
FIFTEEN,  plus  fifty  percent  of  any difference between the number of
licenses issued in  two  thousand  [eleven]  FIFTEEN  and  one  thousand
[fifty-three] FOUR;
  (ii)  for  two  thousand  [thirteen] SEVENTEEN, the number of licenses
shall be limited to the  number  of  licenses  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph;
  (iii) for two thousand [fourteen] EIGHTEEN,  the  number  of  licenses
shall be limited to the number of licenses issued in two thousand [thir-
teen] SEVENTEEN, plus fifty percent of any difference between the number

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09527-01-5

S. 5138                             2

of  licenses  issued  in two thousand [thirteen] SEVENTEEN and the limit
established in subparagraph (ii) of this paragraph;
  (iv) for two thousand [fifteen] NINETEEN, the number of licenses shall
be  limited  to the number of licenses issued in two thousand [fourteen]
EIGHTEEN, plus fifty percent of any difference  between  the  number  of
licenses issued in two thousand [fourteen] EIGHTEEN and the limit estab-
lished in subparagraph (iii) of this paragraph.
  b.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen]  NINETEEN,
persons  who  were issued a commercial food fish license in the previous
year shall be eligible to be issued such license.
  c. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN  through December thirty-first, two thousand [fifteen] NINETEEN,
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 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 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:
  for the period beginning January first, two thousand [twelve] SIXTEEN,
through December thirty-first, two  thousand  [fifteen]  NINETEEN,  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  January  first,  two  thousand  [twelve]
SIXTEEN  through December thirty-first, two thousand [fifteen] NINETEEN,
the number of resident commercial crab permits and the number of non-re-
sident commercial crab permits shall not  exceed  the  following  annual
limits:

S. 5138                             3

  (i)  for two thousand [twelve] SIXTEEN, the number of permits shall be
limited to the  number  of  permits  issued  in  two  thousand  [eleven]
FIFTEEN,  plus  fifty  percent  of  any difference between the number of
permits issued  in  two  thousand  [eleven]  FIFTEEN  and  [six  hundred
sixteen] FIVE HUNDRED EIGHTY-TWO;
  (ii)  for  two  thousand  [thirteen]  SEVENTEEN, the number of permits
shall be limited to  the  number  of  permits  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of permits issued in two thousand [twelve] SIXTEEN and the  limit
established in subparagraph (i) of this paragraph;
  (iii)  for  two  thousand  [fourteen]  EIGHTEEN, the number of permits
shall be limited to the number of permits issued in two thousand  [thir-
teen] SEVENTEEN, plus fifty percent of any difference between the number
of  permits  issued  in  two thousand [thirteen] SEVENTEEN and the limit
established in subparagraph (ii) of this paragraph;
  (iv) for two thousand [fifteen] NINETEEN, the number of permits  shall
be  limited  to  the number of permits issued in two thousand [fourteen]
EIGHTEEN, plus fifty percent of any difference  between  the  number  of
permits  issued in two thousand [fourteen] EIGHTEEN and the limit estab-
lished in subparagraph (iii) of this paragraph.
  b. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN  through December thirty-first, two thousand [fifteen] NINETEEN,
persons who were issued a commercial crab permit in  the  previous  year
shall be eligible to be issued such permit.
  c.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen]  NINETEEN,
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  a  of
this subdivision and the number of such permits issued pursuant to para-
graph 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
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.

S. 5138                             4

  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 [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen]  NINETEEN,
the number of resident commercial whelk or conch licenses and the number
of  non-resident commercial whelk or conch licenses shall not exceed the
following annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited to the number  of  licenses  issued  in  two  thousand  [eleven]
FIFTEEN  plus  fifty  percent  of  any  difference between the number of
licenses issued in two thousand [eleven] FIFTEEN and two hundred [seven-
ty-one] SIXTY-ONE;
  (ii) for two thousand [thirteen] SEVENTEEN,  the  number  of  licenses
shall  be  limited  to  the  number  of  licenses issued in two thousand
[twelve] SIXTEEN, plus fifty  percent  of  any  difference  between  the
number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph;
  (iii)  for  two  thousand  [fourteen] EIGHTEEN, the number of licenses
shall be limited to the number of licenses issued in two thousand [thir-
teen] SEVENTEEN, plus fifty percent of any difference between the number
of licenses issued in two thousand [thirteen] SEVENTEEN  and  the  limit
established in subparagraph (ii) of this paragraph;
  (iv) for two thousand [fifteen] NINETEEN, the number of licenses shall
be  limited  to the number of licenses issued in two thousand [fourteen]
EIGHTEEN, plus fifty percent of any difference  between  the  number  of
licenses issued in two thousand [fourteen] EIGHTEEN and the limit estab-
lished in subparagraph (iii) of this paragraph.
  b.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen]  NINETEEN,
persons  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  [twelve]
SIXTEEN  through December thirty-first, two thousand [fifteen] NINETEEN,
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

S. 5138                             5

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] SIXTEEN through two thousand
[fifteen] NINETEEN, the annual number of  marine  and  coastal  district
party  and  charter  boat  licenses issued shall not exceed five hundred
seventeen.
  b. for the years two thousand [eight]  SIXTEEN  through  two  thousand
[fifteen]  NINETEEN,  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] SIXTEEN through two thousand
[fifteen] NINETEEN,  the  department  shall  issue  marine  and  coastal
district  party and charter boat licenses to persons who were not issued
such license in the previous year, provided that  the  total  number  of
licenses  issued  does not exceed five hundred seventeen, subject to the
following:
  (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.
  S 2. This act shall take effect December 31, 2015; provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.

2015-S5138A - Details

See Assembly Version of this Bill:: A8088
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L

2015-S5138A - Summary

Relates to issuance of commercial fishing licenses.

2015-S5138A - Sponsor Memo

                                BILL NUMBER:S5138A

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
commercial fishing licenses

Purpose:

The purpose of this bill is to extend and modify the eligibility
limitations for commercial fishing licenses and permits through
December 31, 2017.

Summary of provisions:

Section 1 of this bill would amend extend Environmental Conservation
Law (ECL) § 13-0328 to December 31, 2017. In doing so, the bill would:
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; 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 5) continue the authority of
the Department of Environmental Conservation (DEC) to establish an
apprenticeship program

Section 2 of this bill provides that the bill shall take effect
December 31, 2015

Existing law:

ECL § 13-0328 establishes, through December 31, 2015, cap and
eligibility requirements for commercial food fish and whelk licenses,
commercial crab permits and marine and coastal district party and
charter boat licenses, and a moratorium on new commercial lobster
permits. It also provides for 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 authorizes DEC to establish an
apprenticeship program.

Legislative history:

ECL § 13-0328 was last amended to extend and modify its provisions in
Chapter 383 of the Laws of 2011.

Statement in support:

Since ECL § 13-0328 was last amended in 2011, the number of commercial
fishing licenses and permits issued has generally continued to decline
as follows:

Ñ2011Ñ2012Ñ2013Ñ2014*

Resident Food FishÑ978Ñ969Ñ967Ñ913
Non-Resident Food FishÑ43Ñ38Ñ41Ñ40
Resident CrabÑ567Ñ558Ñ561Ñ527


Non-Resident CrabÑ28Ñ25Ñ27Ñ24
Resident LobsterÑ344Ñ334Ñ326Ñ283
Non-Resident LobsterÑ28Ñ27Ñ23Ñ17
Resident WhelkÑ253Ñ251Ñ253Ñ234
Non-Resident WhelkÑ11Ñ12Ñ10Ñ11
Party & Charter BoatÑ502Ñ508Ñ475Ñ486
*As of October 10, 2014

However,  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.
This bill would provide a mechanism for their further  reduction  over
the  next  two  years.  The  maximum  number of party and charter boat
licenses that may be issued to  uninspected  passenger  vessels  would
remain  at  517. Further, a complete moratorium would be maintained on
commercial lobster permits, given that significantly excess harvesting
capacity exists in the  lobster  fishery,  and  that  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
would also be maintained in  order  to  uphold  family  and  community
traditions of commercial fishing, and to provide limited opportunities
for new entry to individuals who show a commitment to the profession

Possible objections:

No objections are expected

Other State agencies interested:

None known

Known position of others:

The Marine Resources Advisory Committee is expected to support further
the  continued  reduction in the number of commercial fishing licenses
and permits

Budget implications:

A continuing reduction in the number of  commercial  fishing  licenses
and  permits  issued  by  DEC would result in declining revenue to the
Marine Resources Account of the Conservation Fund

Local impact:

This bill would have no impact on local governments

2015-S5138A - Bill Text download pdf

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

                                 5138--A
    Cal. No. 1083

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by Sen. MARCELLINO -- (at request of the Department of Envi-
  ronmental Conservation) -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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. Subdivisions 1, 2, 3, 4 and 5 of  section  13-0328  of  the
environmental conservation law, as amended by chapter 383 of the laws of
2011, are amended to read as follows:
  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  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen]  NINETEEN,
the  number  of resident commercial food fish licenses and the number of
non-resident commercial food fish licenses shall not exceed the  follow-
ing annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited  to  the  number  of  licenses  issued  in two thousand [eleven]
FIFTEEN, plus fifty percent of any  difference  between  the  number  of
licenses  issued  in  two  thousand  [eleven]  FIFTEEN  and one thousand
[fifty-three] FOUR; AND
  (ii) for two thousand [thirteen] SEVENTEEN,  the  number  of  licenses
shall  be  limited  to  the  number  of  licenses issued in two thousand
[twelve] SIXTEEN, plus fifty  percent  of  any  difference  between  the
number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph[;

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

                                                           LBD09527-02-5

S. 5138--A                          2

  (iii)  for  two  thousand  fourteen,  the  number of licenses shall be
limited to the number of licenses issued in two thousand thirteen,  plus
fifty percent of any difference between the number of licenses issued in
two  thousand thirteen and the limit established in subparagraph (ii) of
this paragraph;
  (iv) for two thousand fifteen, the number of licenses shall be limited
to  the  number  of licenses issued in two thousand fourteen, plus fifty
percent of any difference between the number of licenses issued  in  two
thousand  fourteen  and  the  limit established in subparagraph (iii) of
this paragraph].
  b. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons  who  were issued a commercial food fish license in the previous
year shall be eligible to be issued such license.
  c. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
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 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  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:
  for the period beginning January first, two thousand [twelve] SIXTEEN,
through  December  thirty-first,  two thousand [fifteen] SEVENTEEN, 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  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,

S. 5138--A                          3

the number of resident commercial crab permits and the number of non-re-
sident commercial crab permits shall not  exceed  the  following  annual
limits:
  (i)  for two thousand [twelve] SIXTEEN, the number of permits shall be
limited to the  number  of  permits  issued  in  two  thousand  [eleven]
FIFTEEN,  plus  fifty  percent  of  any difference between the number of
permits issued  in  two  thousand  [eleven]  FIFTEEN  and  [six  hundred
sixteen] FIVE HUNDRED EIGHTY-TWO; AND
  (ii)  for  two  thousand  [thirteen]  SEVENTEEN, the number of permits
shall be limited to  the  number  of  permits  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of permits issued in two thousand [twelve] SIXTEEN and the  limit
established in subparagraph (i) of this paragraph[;
  (iii) for two thousand fourteen, the number of permits shall be limit-
ed  to the number of permits issued in two thousand thirteen, plus fifty
percent of any difference between the number of permits  issued  in  two
thousand thirteen and the limit established in subparagraph (ii) of this
paragraph;
  (iv)  for two thousand fifteen, the number of permits shall be limited
to the number of permits issued in two  thousand  fourteen,  plus  fifty
percent  of  any  difference between the number of permits issued in two
thousand fourteen and the limit established  in  subparagraph  (iii)  of
this paragraph].
  b.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons who were issued a commercial crab permit in  the  previous  year
shall be eligible to be issued such permit.
  c.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
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 a of
this subdivision and the number of such permits issued pursuant to para-
graph 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
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

S. 5138--A                          4

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 [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the number of resident commercial whelk or conch licenses and the number
of non-resident commercial whelk or conch licenses shall not exceed  the
following annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited  to  the  number  of  licenses  issued  in two thousand [eleven]
FIFTEEN plus fifty percent of  any  difference  between  the  number  of
licenses issued in two thousand [eleven] FIFTEEN and two hundred [seven-
ty-one] SIXTY-ONE; AND
  (ii)  for  two  thousand  [thirteen] SEVENTEEN, the number of licenses
shall be limited to the  number  of  licenses  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph[;
  (iii) for two thousand fourteen,  the  number  of  licenses  shall  be
limited  to the number of licenses issued in two thousand thirteen, plus
fifty percent of any difference between the number of licenses issued in
two thousand thirteen and the limit established in subparagraph (ii)  of
this paragraph;
  (iv) for two thousand fifteen, the number of licenses shall be limited
to  the  number  of licenses issued in two thousand fourteen, plus fifty
percent of any difference between the number of licenses issued  in  two
thousand  fourteen  and  the  limit established in subparagraph (iii) of
this paragraph].
  b. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons  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  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
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

S. 5138--A                          5

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] SIXTEEN through two thousand
[fifteen] SEVENTEEN, the annual number of marine  and  coastal  district
party  and  charter  boat  licenses issued shall not exceed five hundred
seventeen.
  b. for the years two thousand [eight]  SIXTEEN  through  two  thousand
[fifteen]  SEVENTEEN,  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] SIXTEEN through two thousand
[fifteen] SEVENTEEN, the  department  shall  issue  marine  and  coastal
district  party and charter boat licenses to persons who were not issued
such license in the previous year, provided that  the  total  number  of
licenses  issued  does not exceed five hundred seventeen, subject to the
following:
  (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.
  S 2. This act shall take effect December 31, 2015; provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.

2015-S5138B (ACTIVE) - Details

See Assembly Version of this Bill:: A8088
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L

2015-S5138B (ACTIVE) - Summary

Relates to issuance of commercial fishing licenses.

2015-S5138B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5138B

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

PURPOSE:

The purpose of this bill is to extend and modify the eligibility
limitations for commercial fishing licenses and permits through
December 31, 2017.

SUMMARY OF PROVISIONS:

Section 1 of this bill would amend and extend Environmental
Conservation Law (ECL) § 13-0328 to December 31, 2017. In doing so,
the bill would: 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; 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 5)
continue the authority of the Department of Environmental Conservation
(DEC) to establish an apprenticeship program

Section 2 of this bill provides that the bill shall take effect

December 31, 2015

EXISTING LAW:

ECL § 13-0328 establishes, through December 31, 2015, cap and
eligibility requirements for commercial food fish and whelk licenses,
commercial crab permits and marine and coastal district party and
charter boat licenses, and a moratorium on new commercial lobster
permits. It also provides for 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 authorizes DEC to establish an
apprenticeship program.

LEGISLATIVE HISTORY:

ECL § 13-0328 was last amended to extend and modify its provisions in
Chapter 383 of the Laws of 2011.

STATEMENT IN SUPPORT:

Since ECL § 13-0328 was last amended in 2011, the number of commercial
fishing licenses and permits issued has generally continued to decline
as follows.

                          2011      2012    2013   2014*
Resident Food Fish         978       969     967    913
Non-Resident Food Fish      43        38      41     40
Resident Crab              567       558     561    527
Non-Resident Crab           28        25      27     24
Resident Lobster           344       334     326    283
Non-Resident Lobster        28        27      23     17


Resident Whelk             253       251     253    234
Non-Resident Whelk          11        12      10     11
Party & Charter Boat       502       508     475    486

*As of October 10, 2014

However,  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.
This bill would provide a mechanism for their further  reduction  over
the  next  two  years.  The  maximum  number of party and charter boat
licenses that may be issued to  uninspected  passenger  vessels  would
remain  at  517. Further, a complete moratorium would be maintained on
commercial lobster permits, given that significantly excess harvesting
capacity exists in the  lobster  fishery,  and  that  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
would also be maintained in  order  to  uphold  family  and  community
traditions of commercial fishing, and to provide limited opportunities
for new entry to individuals who show a commitment to the profession

POSSIBLE OBJECTIONS:

No objections are expected

OTHER STATE AGENCIES INTERESTED:

None known

KNOWN POSITION OF OTHERS:

The Marine Resources Advisory Committee is expected to support further
the  continued  reduction in the number of commercial fishing licenses
and permits.

BUDGET IMPLICATIONS:

A continuing reduction in the number of  commercial  fishing  licenses
and  permits  issued  by  DEC would result in declining revenue to the
Marine Resources Account of the Conservation Fund

LOCAL IMPACT:

This bill would have no impact on local governments

2015-S5138B (ACTIVE) - Bill Text download pdf

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

                                 5138--B
    Cal. No. 1083

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by Sen. MARCELLINO -- (at request of the Department of Envi-
  ronmental Conservation) -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

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. Subdivisions 1, 2, 3, 4 and 5 of  section  13-0328  of  the
environmental conservation law, as amended by chapter 383 of the laws of
2011, are amended to read as follows:
  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  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the number of resident commercial food fish licenses and the  number  of
non-resident  commercial food fish licenses shall not exceed the follow-
ing annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited to the number  of  licenses  issued  in  two  thousand  [eleven]
FIFTEEN,  plus  fifty  percent  of  any difference between the number of
licenses issued in  two  thousand  [eleven]  FIFTEEN  and  one  thousand
[fifty-three] FOUR; AND
  (ii)  for  two  thousand  [thirteen] SEVENTEEN, the number of licenses
shall be limited to the  number  of  licenses  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09527-05-5

S. 5138--B                          2

number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph[;
  (iii)  for  two  thousand  fourteen,  the  number of licenses shall be
limited to the number of licenses issued in two thousand thirteen,  plus
fifty percent of any difference between the number of licenses issued in
two  thousand thirteen and the limit established in subparagraph (ii) of
this paragraph;
  (iv) for two thousand fifteen, the number of licenses shall be limited
to the number of licenses issued in two thousand  fourteen,  plus  fifty
percent  of  any difference between the number of licenses issued in two
thousand fourteen and the limit established  in  subparagraph  (iii)  of
this paragraph].
  b.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons who were issued a commercial food fish license in  the  previous
year shall be eligible to be issued such license.
  c.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
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 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 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:
  for the period beginning January first, two thousand [twelve] SIXTEEN,
through December thirty-first, two thousand  [fifteen]  SEVENTEEN,  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:

S. 5138--B                          3

  a. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the number of resident commercial crab permits and the number of non-re-
sident  commercial  crab  permits  shall not exceed the following annual
limits:
  (i)  for two thousand [twelve] SIXTEEN, the number of permits shall be
limited to the  number  of  permits  issued  in  two  thousand  [eleven]
FIFTEEN,  plus  fifty  percent  of  any difference between the number of
permits issued  in  two  thousand  [eleven]  FIFTEEN  and  [six  hundred
sixteen] FIVE HUNDRED EIGHTY-TWO; AND
  (ii)  for  two  thousand  [thirteen]  SEVENTEEN, the number of permits
shall be limited to  the  number  of  permits  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of permits issued in two thousand [twelve] SIXTEEN and the  limit
established in subparagraph (i) of this paragraph[;
  (iii) for two thousand fourteen, the number of permits shall be limit-
ed  to the number of permits issued in two thousand thirteen, plus fifty
percent of any difference between the number of permits  issued  in  two
thousand thirteen and the limit established in subparagraph (ii) of this
paragraph;
  (iv)  for two thousand fifteen, the number of permits shall be limited
to the number of permits issued in two  thousand  fourteen,  plus  fifty
percent  of  any  difference between the number of permits issued in two
thousand fourteen and the limit established  in  subparagraph  (iii)  of
this paragraph].
  b.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons who were issued a commercial crab permit in  the  previous  year
shall be eligible to be issued such permit.
  c.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
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 a of
this subdivision and the number of such permits issued pursuant to para-
graph 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
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

S. 5138--B                          4

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 [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the number of resident commercial whelk or conch licenses and the number
of non-resident commercial whelk or conch licenses shall not exceed  the
following annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited  to  the  number  of  licenses  issued  in two thousand [eleven]
FIFTEEN plus fifty percent of  any  difference  between  the  number  of
licenses issued in two thousand [eleven] FIFTEEN and two hundred [seven-
ty-one] SIXTY-ONE; AND
  (ii)  for  two  thousand  [thirteen] SEVENTEEN, the number of licenses
shall be limited to the  number  of  licenses  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph[;
  (iii) for two thousand fourteen,  the  number  of  licenses  shall  be
limited  to the number of licenses issued in two thousand thirteen, plus
fifty percent of any difference between the number of licenses issued in
two thousand thirteen and the limit established in subparagraph (ii)  of
this paragraph;
  (iv) for two thousand fifteen, the number of licenses shall be limited
to  the  number  of licenses issued in two thousand fourteen, plus fifty
percent of any difference between the number of licenses issued  in  two
thousand  fourteen  and  the  limit established in subparagraph (iii) of
this paragraph].
  b. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons  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  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
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

S. 5138--B                          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 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] SIXTEEN through two thousand
[fifteen] SEVENTEEN, the annual number of marine  and  coastal  district
party  and  charter  boat  licenses issued shall not exceed five hundred
seventeen.
  b. for the years two thousand [eight]  SIXTEEN  through  two  thousand
[fifteen]  SEVENTEEN,  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] SIXTEEN through two thousand
[fifteen] SEVENTEEN, the  department  shall  issue  marine  and  coastal
district  party and charter boat licenses to persons who were not issued
such license in the previous year, provided that  the  total  number  of
licenses  issued  does not exceed five hundred seventeen, subject to the
following:
  (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.
  S 2. This act shall take effect December 31, 2015; provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.

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Senate Bill S5138B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 18, 2015 - Floor Vote

Floor Vote: Jun 18, 2015

May 28, 2015 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 28, 2015

Bill Amendments

2015-S5138 - Details

2015-S5138 - Summary

2015-S5138 - Sponsor Memo

2015-S5138 - Bill Text download pdf

2015-S5138A - Details

2015-S5138A - Summary

2015-S5138A - Sponsor Memo

2015-S5138A - Bill Text download pdf

2015-S5138B (ACTIVE) - Details

2015-S5138B (ACTIVE) - Summary

2015-S5138B (ACTIVE) - Sponsor Memo

2015-S5138B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5138B

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2015-S5138 - Details

2015-S5138 - Summary

2015-S5138 - Sponsor Memo

2015-S5138 - Bill Text download pdf

2015-S5138A - Details

2015-S5138A - Summary

2015-S5138A - Sponsor Memo

2015-S5138A - Bill Text download pdf

2015-S5138B (ACTIVE) - Details

2015-S5138B (ACTIVE) - Summary

2015-S5138B (ACTIVE) - Sponsor Memo

2015-S5138B (ACTIVE) - Bill Text download pdf

Comments