S T A T E O F N E W Y O R K
________________________________________________________________________
4067
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
___________
Introduced by M. of A. THIELE, RAIA -- Multi-Sponsored by -- M. of A.
ALFANO -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law, in relation to the
issuance of full quota share striped bass commercial permits and
commercial food fish licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 11-0303 of the environmental
conservation law, as amended by chapter 150 of the laws of 2007, is
amended to read as follows:
3. The department may, until December thirty-first, two thousand elev-
en, fix by regulation measures for the management of striped bass,
including size limits, catch and possession limits, open and closed
seasons, closed areas, restrictions on the manner of taking and landing,
requirements for permits and eligibility therefor, recordkeeping
requirements, requirements on the amount and type of fishing effort and
gear, and requirements relating to transportation, possession and sale,
provided that such regulations are no less restrictive than requirements
set forth in this chapter and provided further that such regulations are
consistent with the compliance requirements of applicable fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion and with applicable provisions of fishery management plans adopted
pursuant to the Federal Fishery Conservation and Management Act (16
U.S.C. S 1800 et seq.). ANY AND ALL RULES AND REGULATIONS OF THE DEPART-
MENT RELATING TO INCOME QUALIFICATIONS FOR THE ISSUANCE OF A FULL QUOTA
SHARE STRIPED BASS COMMERCIAL PERMIT SHALL REQUIRE A PERSON TO DEMON-
STRATE IN A MANNER ACCEPTABLE TO THE DEPARTMENT THAT SUCH PERSON
RECEIVED AN AVERAGE OF AT LEAST TEN THOUSAND DOLLARS OR MORE THAN FIFTY
PERCENT OF HIS OR HER ANNUAL EARNED INCOME OVER THREE CONSECUTIVE YEARS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03941-01-9
A. 4067 2
FROM THE HARVEST OF MARINE FISH, SHELLFISH, CRUSTACEANS OR OTHER MARINE
BIOTA.
S 2. Subparagraph (iv) of paragraph d of subdivision 1 of section
13-0328 of the environmental conservation law, as amended by chapter 366
of the laws of 2007, is amended to read as follows:
(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] TEN 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.
S 3. Any and all rules and regulations of the department of environ-
mental conservation, relating to income qualifications for the issuance
of a full quota share striped bass commercial permit or commercial food
fish license, which is not consistent with the provisions of subdivision
3 of section 11-0303, as amended by section one of this act, or subpara-
graph (iv) of paragraph d of subdivision 1 of section 13-0328 of the
environmental conservation law, as amended by section two of this act,
shall be null and void.
S 4. This act shall take effect immediately.