senate Bill S2641

2011-2012 Legislative Session

Relates to marine and coastal district party and charter boat licenses

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jun 24, 2011 committed to rules
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.683
Jan 27, 2011 referred to environmental conservation

Votes

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May 17, 2011 - Environmental Conservation committee Vote

S2641
11
1
committee
11
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: May 17, 2011

nay (1)
aye wr (2)

S2641 - Bill Details

See Assembly Version of this Bill:
A3732
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0328, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S7245, A10467

S2641 - Bill Texts

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Relates to marine and coastal district party and charter boat licenses; provides that the department of environmental conservation may permit reissuance of a license to a member of the immediate family of the prior holder of such license; provided that the individual to whom the license or permit is being reissued is at least sixteen years of age; makes related provisions.

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BILL NUMBER:S2641

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to marine and
coastal district party and charter boat licenses; and providing for the
repeal of such provisions upon expiration thereof

PURPOSE:
This legislation will institute a cap on the number of licenses issued
by the Department of Environmental Conservation to owners of charter
vessels limited to carrying six passengers which operate in the
marine waters of New York State for the years 2012 through 2015.

SUMMARY OF PROVISIONS:
Amends subdivision 5 of Section 13-0328 of the Environmental
Conservation Law relating to the issuance of marine and coastal
district party and charter boat licenses (exclusive of party boats or
charter boats that are classified by the United States coast Guard as
an Inspected Passenger Vessel and which is licensed to carry more
than six passengers).

This act shall take effect immediately and shall remain in full force
and effect until December 31, 2015 when upon such date the
provisions of this act shall expire.

JUSTIFICATION:
This legislation is supported by the Marine Resources Advisory Council
as a means of protecting the economic viability of existing operators
of 'for-hire' vessels by instituting a cap on the number of marine
and coastal district party and charter boat licenses issued by the
Department of Environmental Conservation (DEC) for the years 2012
through 2016. It would not apply to party boats licensed to carry
more than six passengers.

The current cap would be lifted in the year 2012 so there will be no
limit on the number of marine and coastal district party charter boat
licenses the DEC may issue. This will allow any eligible applicant
the opportunity to obtain a marine and coastal district party and
charter boat license before a new cap is set in place. The total
number of licenses issued by DEC in the year 2012 will be the new cap
until this act sunsets on December 31, 2016.

After 2011, those persons issued a marine and coastal district party
and charter boat license by the DEC will be eligible for renewal.
Also, the DEC shall issue marine and coastal district party and
charter boat licenses to new applicants on a first come first serve
basis up until the annual cap is met.

This legislation also authorizes the DEC to adopt regulations
concerning the reissuance of licenses to a member of the immediate
family who is at least 16 years old.

LEGISLATIVE HISTORY:
2010: S.7245/A.10467


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall remain the full force
and effect until December 31, 2016, when upon such date the
provisions of this act shall expire and be deemed repealed.

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

    S. 2641                                                  A. 3732

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 27, 2011
                               ___________

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 -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  marine  and  coastal  district  party  and  charter boat licenses; and
  providing for the repeal of such provisions upon expiration thereof

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

  Section  1.  Subdivision  5  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:
  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 through two thousand  eleven,  the
annual  number  of  marine  and  coastal district party and charter boat
licenses issued shall not exceed the number issued in two thousand seven
by more than one hundred licenses.
  b. FOR THE YEAR TWO THOUSAND TWELVE, THERE SHALL BE NO  LIMIT  ON  THE
ANNUAL  NUMBER  OF  MARINE  AND  COASTAL DISTRICT PARTY AND CHARTER BOAT
LICENSES TO BE ISSUED.
  C. FOR THE YEARS AFTER TWO THOUSAND TWELVE, THE TOTAL ANNUAL NUMBER OF
MARINE AND COASTAL DISTRICT PARTY AND CHARTER BOAT LICENSES ISSUED SHALL
NOT EXCEED THE TOTAL NUMBER ISSUED IN TWO THOUSAND TWELVE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06903-01-1

S. 2641                             2                            A. 3732

  D. for the years [two thousand eight through] AFTER two thousand elev-
en, 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.]  E. for the years [two thousand eight through] AFTER two thousand
eleven, 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 such licenses issued to
such persons does not exceed the difference  between  the  annual  limit
established  in  paragraph  [a]  C of this subdivision and the number of
such licenses issued in the previous year pursuant to paragraph [b] D of
this subdivision, 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.
  F. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE DEPARTMENT  MAY
PERMIT  REISSUANCE  OF  A LICENSE TO A MEMBER OF THE IMMEDIATE FAMILY OF
THE PRIOR HOLDER OF SUCH LICENSE; PROVIDED THAT THE INDIVIDUAL  TO  WHOM
THE  LICENSE  OR  PERMIT  IS BEING REISSUED IS AT LEAST SIXTEEN YEARS OF
AGE. THE DEPARTMENT MAY PERMIT A LICENSE HOLDER TO DESIGNATE IN  WRITING
A  MEMBER  OF  HIS  OR HER IMMEDIATE FAMILY TO WHOM THE LICENSE SHALL BE
REISSUED IN THE EVENT THAT THE LICENSE OR PERMIT HOLDER  DIES  PRIOR  TO
SURRENDERING  HIS  OR HER LICENSE TO THE DEPARTMENT. IN THE EVENT THAT A
DESIGNATED IMMEDIATE FAMILY MEMBER  DOES  NOT  WISH  TO  ENGAGE  IN  THE
COMMERCIAL FISHING ACTIVITIES AUTHORIZED BY SUCH LICENSE, THE DEPARTMENT
MAY  PERMIT  SUCH  PERSON  TO  IDENTIFY  AN ALTERNATE PERSON TO WHOM THE
LICENSE OR PERMIT SHALL BE REISSUED. THE  DEPARTMENT  IS  AUTHORIZED  TO
ADOPT REGULATIONS CONCERNING THE REISSUANCE OF LICENSES PURSUANT TO THIS
SUBDIVISION. THE HOLDER OF A REISSUED LICENSE SHALL ENGAGE IN THE ACTIV-
ITY AUTHORIZED BY THE LICENSE WITHIN THREE YEARS OF THE REISSUANCE DATE.
IF  THE LICENSE OR PERMIT HOLDER FAILS TO ENGAGE IN SUCH ACTIVITY DURING
THE THREE YEARS FOLLOWING REISSUANCE, THE LICENSE SHALL LAPSE AT THE END
OF THE THREE YEAR PERIOD AND SHALL NOT BE RENEWED UNLESS THE DEPARTMENT,
IN ITS DISCRETION, DETERMINES THAT THE LICENSE HOLDER'S  INACTIVITY  WAS
JUSTIFIED BY SIGNIFICANT HARDSHIP OR UNAVOIDABLE CIRCUMSTANCES.
  S  2.  This act shall take effect immediately and shall remain in full
force and effect until December  31,  2016,  when  upon  such  date  the
provisions of this act shall expire and be deemed repealed.

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