S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4969 A. 7860
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
April 27, 2009
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE, CONTE -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
recreational marine fishing licenses; and to repeal certain provisions
of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs g and h of subdivision 1 of section 11-0702 of
the environmental conservation law are REPEALED.
S 2. Paragraph c of subdivision 1 of section 11-0713 of the environ-
mental conservation law, as amended by section 4 of part LL of chapter
59 of the laws of 2009, is amended to read as follows:
c. One-day fishing licenses and one-day recreational marine fishing
licenses may be issued by any person who has never been convicted of or
pleaded guilty to a misdemeanor under this chapter within the past three
years, and has not been convicted of a crime under any other law. [Such
licenses] ONE-DAY FISHING LICENSE shall be issued to any such person
following payment of the applicable license fee for [each] SUCH license.
One-day fishing licenses [and one-day recreational marine fishing
licenses] may be sold by the initial purchaser for no more than the
applicable license fee, plus one dollar for the person selling such
license. In the case of misuse or fraud in handling the fishing
licenses, the department shall have the authority to revoke the privi-
lege to buy and sell the licenses.
S 3. Subdivision 1 of section 13-0336 of the environmental conserva-
tion law, as amended by section 5 of part LL of chapter 59 of the laws
of 2009, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11159-01-9
S. 4969 2 A. 7860
1. No owner or operator of a party boat or charter boat shall carry
recreational fishing passengers in the marine and coastal district or
land fish taken outside the territorial waters of the state without
holding a party or charter boat license issued by the department for an
annual fee of two hundred fifty dollars [and a recreational marine fish-
ing license issued by the department for an annual fee of four hundred
dollars]. Such [licenses] LICENSE shall be issued only to persons domi-
ciled in the state or in a state which affords reciprocal fishing privi-
leges to persons domiciled in New York. Such [licenses] LICENSE shall
be available on the vessel at all times. For purposes of this subdivi-
sion, party boats and charter boats are vessels used to carry passengers
for hire wherein a fee is charged, either directly or indirectly, for
the purpose of taking or attempting to take marine fish for recreational
purposes.
S 4. Subdivision 4 of section 13-0355 of the environmental conserva-
tion law is REPEALED.
S 5. Subdivision 2 of section 13-0503 of the environmental conserva-
tion law, as amended by section 7 of part LL of chapter 59 of the laws
of 2009, is amended to read as follows:
2. The board shall have the power and duty to: (a) receive and review,
and to approve or deny, applications from eligible recipients for grants
from the marine and coastal district of New York conservation, educa-
tion, and research fund, created pursuant to section ninety-five-c of
the state finance law, for conservation, research, and education
projects relating to such marine and coastal district. Approval of any
such proposed project may be granted only by unanimous vote of all three
members of the board. In the event a member of the board is unable to
vote, the alternate for such member may vote in his or her place;
(b) make by-laws for the management of its affairs and to do all
things necessary or convenient to carry out the powers expressly given
in this title;
(c) review the allocations and expenditures of the department related
to the marine resources account. To assist the board in its review, the
department shall by September first of each year make available to the
board, the governor and the legislature current and anticipated income
and expenditures for the account, including planned expenditures by time
and activity code for the next fiscal year; AND
(d) consult with marine fish and wildlife interests and render annual
reports to the commissioner on fiscal needs and make recommendations on
expenditures and how such needs shall be met[; and
(e) make recommendations regarding the maximum fees for the recre-
ational marine fishing licenses identified in section 13-0355 of this
article. In recommending such fees, the board shall consider economic
indicators, the general financial condition of the saltwater recreation-
al fishing industry and the status of the marine resources account,
including the viability of the marine resources program, as it may deem
appropriate].
S 6. This act shall take effect on the same date and in the same
manner as section 8 of part LL of chapter 59 of the laws of 2009, takes
effect.