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

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the environmental conservation law are REPEALED.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.