Assembly Bill A5104

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

                                  5104

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2011
                               ___________

Introduced  by M. of A. BARCLAY, KOLB, GIGLIO, HAWLEY -- Multi-Sponsored
  by -- M. of A. OAKS -- read once and  referred  to  the  Committee  on
  Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  allowing fishing guides and individuals holding  a  party  or  charter
  boat license to issue certain licenses

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

  Section 1. Paragraph a of subdivision 1  of  section  11-0713  of  the
environmental  conservation  law,  as amended by section 4 of part LL of
chapter 59 of the laws of 2009, is amended to read as follows:
  a. All licenses, stamps, tags, buttons, permits, and  permit  applica-
tions  authorized  by this title or section 13-0355 of this chapter, and
any additional privileges authorized by the department shall  be  issued
by:
  (1)  clerks  of  a  county, town or city, except a city having a popu-
lation of one million or more, although such clerks may request authori-
zation from the department to cease issuing such licenses,
  (2) clerks of a village having  more  than  one  thousand  inhabitants
according  to  the  last  preceding federal census, or of a village in a
county of less than five hundred thousand inhabitants, adjoining a  city
of over one million inhabitants, both according to such census, although
such clerks may request authorization from the department to cease issu-
ing such licenses, [and]
  (3)  license issuing officers as may be appointed by the commissioner.
Applicants for designation as license issuing officers shall be over the
age of eighteen years and shall meet such other requirements  of  eligi-
bility,  including  posting  bond,  as  the department may by regulation
specify. Such issuing officers shall be entitled to receive and keep the
same fees for issuing licenses and stamps that are specified in  section
11-0715  of  this  title  for issuing clerks and section 13-0355 of this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08763-01-1
              

A. 5104                             2

chapter, and shall file reports and remit license fees to the  appropri-
ate  regional  environmental  conservation  officer or the department as
required by regulation[.], AND
  (4)  FISHING GUIDES LICENSED PURSUANT TO SECTION 11-0533 OF THIS ARTI-
CLE OR INDIVIDUALS HOLDING A PARTY OR CHARTER BOAT LICENSE ISSUED BY THE
DEPARTMENT.  THE DEPARTMENT SHALL PROMULGATE RULES  AND  REGULATIONS  TO
ALLOW  SUCH  FISHING  GUIDES  AND INDIVIDUALS HOLDING A PARTY OR CHARTER
BOAT LICENSE TO SECURE A FISHING LICENSE TAG FOR A PERSON VIA THE INTER-
NET OR PHONE REGISTRY. SUCH TAG SHALL PROVIDE THE HOLDER WITH  THE  SAME
RIGHTS AS THE HOLDER OF ANY SIMILAR LICENSE ESTABLISHED PURSUANT TO THIS
TITLE.    A  PERSON WHO RECEIVES A FISHING TAG PURSUANT TO THIS SUBPARA-
GRAPH SHALL NOT BE REQUIRED TO ATTACH AND DISPLAY A BACK TAG ON THE BACK
OF HIS OR HER OUTER GARMENT.
  S 2. Subdivision 3 of section 11-0705 of the  environmental  conserva-
tion  law,  as  amended by chapter 57 of the laws of 1993, is amended to
read as follows:
  3. Failure of a licensee to have the holder's license, tag or  license
with  stamp  affixed, on the holder's person while exercising any privi-
lege of the license, tag or license and stamp,  and  to  wear  in  plain
sight  any button issued with the license while so doing, is presumptive
evidence that the holder is hunting, fishing or trapping,  as  the  case
may  be,  without holding the license, tag or license and stamp required
by subdivision 6 of section 11-0703 OF THIS TITLE.   PROVIDED,  HOWEVER,
THAT A PERSON WHO RECEIVED A LICENSE PURSUANT TO SUBPARAGRAPH 4 OF PARA-
GRAPH  A  OF SUBDIVISION 1 OF SECTION 11-0713 OF THIS TITLE SHALL NOT BE
REQUIRED TO COMPLY WITH THE PROVISIONS OF  THIS  SECTION  WHILE  FISHING
WITH A GUIDE. AS USED IN THIS SUBDIVISION, THE TERM "GUIDE" SHALL MEAN A
PERSON  WHO  OFFERS  SERVICES  FOR  HIRE  PART  OR ALL OF WHICH INCLUDES
DIRECTING, INSTRUCTING, OR AIDING ANOTHER IN FISHING.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.