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

                                  6250

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            October 28, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing a registration system for saltwater recreational fishing;
  and  to  repeal part LL of chapter 59 of the laws of 2009 amending the
  environmental conservation law, relating to recreational marine  fish-
  ing licenses, relating thereto

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

  Section 1. Part LL of chapter 59 of the laws  of  2009,  amending  the
environmental  conservation  law relating to recreational marine fishing
licenses, is REPEALED.
  S 2. The environmental conservation law is amended by a adding  a  new
section 13-0355 to read as follows:
S 13-0355. SALTWATER RECREATIONAL FISHING REGISTRY.
  1.  DEFINITIONS  OF  REGISTRATION;  PRIVILEGES.  REGISTRATION WITH THE
SALTWATER RECREATIONAL FISHING REGISTRY ENTITLES THE  PERSON  SO  REGIS-
TERED  WHO IS SIXTEEN YEARS OF AGE OR OLDER TO TAKE FISH FROM THE WATERS
OF THE MARINE AND COASTAL DISTRICT AND TO TAKE MIGRATORY FISH OF THE SEA
FROM ALL WATERS OF THE STATE, EXCEPT AS PROVIDED IN SECTIONS 13-0333 AND
13-0335 OF THIS TITLE.
  2. SALTWATER RECREATIONAL FISHING REGISTRY  ESTABLISHED.  THE  COMMIS-
SIONER SHALL ADMINISTER AND MAINTAIN A REGISTRY OF PERSONS WHO ENGAGE IN
SALTWATER  RECREATIONAL  FISHING. THE COMMISSIONER MAY DESIGNATE BY RULE
THE METHODS OF FISHING OR THE SALTWATER AREAS FOR WHICH REGISTRATION  IS
REQUIRED  UNDER  THIS  SECTION.  THE  REGISTRY  MUST  CONTAIN  THE NAME,
ADDRESS, DATE OF BIRTH AND TELEPHONE NUMBER FOR EACH PERSON  REGISTERED.
EACH PERSON REGISTERED SHALL BE ASSIGNED A UNIQUE IDENTIFICATION NUMBER.
  3.  REGISTRY  PROCEDURES. A PERSON MAY REGISTER TO ENGAGE IN SALTWATER
RECREATIONAL FISHING THROUGH A PUBLICLY ACCESSIBLE  ONLINE  REGISTRATION
SYSTEM  OR A PUBLICLY ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM OPERATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14936-01-9
              

S. 6250                             2

BY THE DEPARTMENT. THE COMMISSIONER SHALL ALLOW A PERSON TO REGISTER  ON
THE  REGISTRY  THROUGH  THE  DEPARTMENT  WEBSITE. THE COMMISSIONER SHALL
ESTABLISH A TOLL-FREE TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE  TO
REGISTER  ON  THE  REGISTRY. A PERSON PURCHASING A FISHING LICENSE UNDER
SECTION 11-0701 OF THIS CHAPTER MUST BE ASKED IF THE PERSON  INTENDS  TO
FISH  IN  SALT WATER FOR THE CALENDAR YEAR. IF THE PERSON ANSWERS IN THE
AFFIRMATIVE, THE PERSON MUST BE INFORMED OF THE REQUIREMENTS UNDER  THIS
SECTION.
  4.  UNIQUE  IDENTIFICATION  NUMBER REQUIRED. A. EACH PERSON REGISTERED
SHALL AT ALL TIMES HAVE THEIR UNIQUE IDENTIFICATION NUMBER ON THE  HOLD-
ER'S PERSON WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION.
  B.  FAILURE  TO  HAVE  A  UNIQUE IDENTIFICATION NUMBER ON ONE'S PERSON
WHILE EXERCISING ANY   PRIVILEGE  OF  THE  REGISTRATION  IS  PRESUMPTIVE
EVIDENCE  THAT  SUCH  PERSON  IS  FISHING  WITHOUT  BEING  REGISTERED AS
REQUIRED BY THIS SECTION.
  5. FEES. A FEE FOR REGISTERING ON THE REGISTRY MAY NOT BE  ESTABLISHED
OR  LEVIED.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON REGIS-
TERING THROUGH AN ONLINE OR TELEPHONIC REGISTRATION SYSTEM  MAY  NOT  BE
CHARGED A FEE FOR REGISTERING.
  6. EXEMPTION FROM REQUIREMENT OF SALTWATER RECREATIONAL FISHING REGIS-
TRATION.  A.  MINORS  UNDER  THE AGE OF SIXTEEN MAY TAKE FISH AS IF THEY
WERE REGISTERED WITH THE SALTWATER RECREATIONAL FISHING REGISTRY.
  B. RECREATIONAL FISHING PASSENGERS ON A MARINE  AND  COASTAL  DISTRICT
PARTY OR CHARTER BOAT LICENSED PURSUANT TO SECTION 13-0336 OF THIS TITLE
MAY TAKE FISH AS IF THEY HELD A RECREATIONAL MARINE FISHING LICENSE.
  7.  FEDERAL  REGISTRATION  REQUIREMENTS.  A.  THE REGISTRY ESTABLISHED
PURSUANT TO THIS SECTION SHALL COMPLY WITH THE PROVISIONS OF THE  REGIS-
TRY  PROGRAM  TO BE ESTABLISHED PURSUANT TO THE MAGNUSON-STEVENS FISHERY
CONSERVATION AND MANAGEMENT REAUTHORIZATION ACT, 16 U.S.C.  SS  1801  ET
SEQ.
  B.  UPON  ESTABLISHMENT  OF THE REGISTRY PURSUANT TO THIS SECTION, THE
COMMISSIONER SHALL APPLY TO THE NATIONAL MARINE FISHERIES SERVICE OF THE
NATIONAL OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION  FOR  EXEMPTED  STATE
DESIGNATION FROM THE FEDERAL REGISTRATION REQUIREMENTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  any regulations necessary for the timely implementation of this act
on its effective date are authorized to be promulgated before such date.