Senate Bill S4278

2011-2012 Legislative Session

Vests the DEC with the authority to regulate the management of crabs and certain marine fish; technical amendments to commercial fishing licenses

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2012	recommit, enacting clause stricken
Jan 04, 2012	referred to environmental conservation
Mar 25, 2011	referred to environmental conservation

2011-S4278 (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§13-0331, 13-0339-a & 13-0328, add §§13-0339-b & 13-0339-c, En Con L

2011-S4278 (ACTIVE) - Summary

Amends the environmental conservation law in relation to the authority of the DEC to manage crabs and certain marine fish and makes certain technical amendments to provisions regulating commercial fishing licenses.

2011-S4278 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4278

TITLE OF BILL:

An act
to amend the environmental
conservation law, in relation to
the authority of the department of
environmental conservation to
manage crabs and certain marine fish and makes technical amendments to
certain provisions regulating commercial fishing licenses

PURPOSE OF BILL:

This bill would: (1) extend the authority of the Department of
Environmental Conservation (DEC) to manage crabs and modify
commercial permit conditions in relation to vessel endorsement and
gear tending in an emergency; (2) extend the authority of DEC to
manage certain marine fish; and (3) extend and modify the eligibility
limitations for commercial fishing licenses.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Environmental Conservation Law (ECL)
§ 13-0331(1) to set forth the conditions applicable to endorsing a
commercial crab permit to a vessel and clarify that a permit holder

is responsible for all violations that occur on the vessel for which
the holder's permit is endorsed.

Section 2 of the bill would add a new subdivision 5 to ECL § 13-0331
to authorize a permit holder to allow another permit holder to tend
his or her gear in the case of a temporary emergency. This section
would also renumber existing subdivisions 5, 6, and 7 of ECL . 13-0331
as subdivisions 6, 7, and 8.

Section 3 of the bill would amend ECL § 13-0331(7), renumbered
subdivision 8 by Section 2 of this bill, to extend, until December
31, 2015, DEC's authority to fix by regulation measures for the
management of crabs of any kind, including horseshoe crabs.

Section 4 of the bill would amend ECL § 13-0339-a to extend, until
December 31, 2015, DEC's authority to fix by regulation measures for
the management of Atlantic sturgeon, shortnose sturgeon, American
eel, Atlantic herring, American shad, alewife, blueback herring, and
hickory shad. This section would also amend ECL § 13-0339-a to delete
Atlantic cod and squid because regulatory authority for these species
would be moved to separate ECL sections, as added in sections 5 and 6
of this bill.

Section 5 of the bill would add a new ECL § 13-0339-b to authorize
DEC, until December 31, 2015, to fix by regulation measures for the
management of Atlantic cod.

Section 6 of the bill would add a new ECL § 13-0339-c to authorize
DEC, until December 31, 2015, to fix by regulation measures for the
management of squid.

Section 7 of the bill would amend ECL § 13-0328 to: (1) maintain a cap
on the number of commercial food fish, crab, whelk (conch), and
marine and coastal district party and charter boat licenses or
permits that may be issued; (2) maintain the current moratorium on
new lobster permits; (3) maintain the current eligibility
requirements for commercial licenses and permits; (4) continue to
allow the transfer (reissuance) of food fish and whelk licenses and
lobster and crab permits to a member of the prior holder's immediate
family and clarify the conditions under which such transfer takes
place; and (5) continue the authority of DEC to establish an
apprenticeship program.

Section 8 of the bill would provide for an immediate effective date,
except that changes made in section 7 of the bill would take effect
December 31, 2011.

EXISTING LAW:

ECL § 13-0331 (1) requires a commercial permit from DEC before any
person may take crabs, including horseshoe crabs, for commercial
purposes. ECL § 13-0331 (7) grants DEC regulatory authority for crabs
of any kind until December 31, 2011.

ECL § 13-0339-a grants DEC regulatory authority, until December 31,
2011, to manage Atlantic cod, Atlantic sturgeon, shortnose sturgeon,
American eel, Atlantic herring, American shad, alewife, blueback
herring, squid, and hickory shad.

ECL § 13-0328 establishes, through December 31, 2011, the cap and
eligibility requirements for commercial food fish and whelk licenses,
commercial crab permits and marine and coastal district party and
charter boat licenses, and a moratorium on new commercial lobster
permits. ECL § 13-0328 also provides for the transfer (reissuance) of
food fish and whelk licenses and lobster and crab permits to a member
of the prior holder's immediate family, and authorizes DEC to
establish an apprenticeship program.

PRIOR LEGISLATIVE HISTORY:

DEC's regulatory authority to manage crabs was last extended by
Chapter 152 of the Laws of 2007. The amendments to ECL § 13-0331(1)
and the language proposed for ECL §13-0331(5) are new proposals.
DEC's regulatory authority to manage the marine species listed in ECL

§ 13-0339-a was last extended by Chapter 146 of the Laws of2007.
ECL § 13-0328 was last amended by Chapter 366 of the Laws of2007.

STATEMENT IN SUPPORT:

DEC's regulatory authority for crabs is necessary in order to preserve
the current fishery management program. Failure to extend the
existing regulatory authority by December 31, 2011 will result in the
loss of regulatory protection for crabs, including horseshoe crabs.
Regulatory authority for crabs is critical in New York to maintain
compliance with the Interstate Fishery Management Plan (FMP) for
Horseshoe Crab, adopted by the Atlantic State Marine Fisheries
Commission (ASMFC).

Currently, ECL § 13-0331(1) does not require that a holder of a
commercial crab permit be on board the vessel if the permit is
endorsed to a vessel. Additionally, the current endorsement language
does not specify who is responsible for violations occurring on the
endorsed vessel. The amendments proposed in this bill for commercial
crab permits are similar to existing provisions for the endorsement
of commercial lobster permits. Likewise, there is no current
provision for allowing a crab permit holder to tend the gear of
another permit holder in the case of a temporary medical or other
emergency, as there is for lobster permits. To address this
shortcoming, the bill would add language to ECL § 13-0331 that is
similar to language applicable to lobster permits and would allow a
permit holder to tend the gear of another in an emergency.

This bill also would extend DEC's regulatory authority for Atlantic
sturgeon, shortnose sturgeon, American eel, Atlantic herring,
American shad, alewife, blueback herring, hickory shad, Atlantic cod,
and squid for an additional four years. This is necessary to preserve
the current fishery management program for these species, and will
ensure that DEC continues to be able to maintain compliance with any
applicable federal management plan. Failure to make necessary
regulatory changes as may be required by an applicable management
plan could result in the closure of New York's fishery for that
species.

Atlantic sturgeon is managed pursuant to the Interstate Fishery
Management Plan for Atlantic Sturgeon adopted by the ASMFC. The 1998
amendment to the FMP required closure of all states' sturgeon
fisheries and the possession of Atlantic sturgeon is prohibited in
New York. The species has been proposed for listing as "endangered"
pursuant to the federal Endangered Species Act of 1973.

The shortnose sturgeon is officially listed by the National Marine
Fisheries Service as endangered, and is therefore fully protected by
the Endangered Species Act of 1973. It is also listed as endangered
in New York State pursuant to ECL § 11-0535. It is therefore unlawful
to kill or posses this fish. Abundance of shortnose sturgeon is
increasing, and its status may be upgraded in the future. If so, it

will be necessary for New York to have regulatory authority to
protect the recovered stock.

American eel is managed pursuant to the Interstate Fishery Management
Plan for American Eel adopted by ASMFC in 1999. New York must have
the ability to regulate the taking of American eel in New York waters
consistent with the FMP.

Atlantic herring is regulated by ASMFC and the New England Fishery
Management Council through complementary management plans that set
annual quotas.
The ASMFC FMP requires annual review of stock status, and regulatory
actions may be needed in future years as a result of such review.

Alewife and blueback herring (known collectively as "river herring")
and American shad and hickory shad are managed pursuant to the
Interstate Fishery Management Plan for Shad and River Herring adopted
by ASMFC. In March of this year, to allow for stock recovery, DEC
closed both the recreational and commercial American shad fisheries
in the Hudson River and tributaries north of the George Washington
Bridge. New York's ability to adopt these regulatory amendments
allowed New York to act quickly in response to the most recent stock
assessment showing American shad abundance is at an all-time low.

This bill would move the authority to manage Atlantic cod and squid
from ECL § 13-0339-a to two new sections of the ECL to recognize that
these species are significantly dissimilar to the other marine
species included within ECL § 13-0339-a.
Atlantic cod is managed by the federal government pursuant to a
federal FMP adopted by the New England Fishery Management Council.
Atlantic cod is not usually caught in N ew York waters, but is often
landed in New York from fishing trips in federal waters. It is
important that New York have the ability to synchronize State
regulations with any amendments to the FMP and resulting changes to
the federal regulations so that the - applicable rules are clear and
consistent.

Squid are managed by a Federal quota system which is applicable to
federal waters and federal permit holders only. DEC must continue to
have the ability to timely set and adjust trip limits and to close
fisheries when quotas are reached, or to adopt other management
regulations such as minimum mesh size, in squid fisheries which are
not subject to the federal regulations. Authority to establish
appropriate regulations consistent with the Federal FMP for squid is
essential in order to provide uniform protection to maintain a
sustainable fishery.

Since ECL § 13-0328 was last amended in 2007, the number of commercial
fishing licenses and permits issued has generally continued to
decline as follows:

                        2007    2008    2009    2010

Resident Food Fish      1059    1028    1006     990
Non-Resident Food Fish    50      46      43      40
Resident Crab            605     588     589     578
Non-Resident Crab         30      30      29      28
Resident Lobster         412     384     375     337
Non-Resident Lobster      30      30      30      27
Resident Whelk           262     259     260     256
Non-Resident Whelk        12      12      12      12
Party & Charter Boat     536     530     524     501

In the opinion of DEC staff, the current numbers of licenses and permits
are  still  too high to ensure economic viability of commercial fishers,
given the restrictions and limits on  fishing  activity  required  under
current  and foreseeable federal and interstate fishery management regu-
lations. Accordingly, this bill would  provide  a  mechanism  for  their
further  reduction over the next four years. The maximum number of party
and charter boat licenses that may be issued  to  uninspected  passenger
vessels  would  remain  at  517. Further, a moratorium on new commercial
lobster permits would continue because of significantly excess  harvest-
ing  capacity  and current lobster management regulations do not provide
for issuance of the required lobster trap tags to any new  persons.  The
substantial decline in lobster abundance that has resulted from episodes
of  mortality  beginning in 1999 also supports continuing to prevent new
entrants to this troubled fishery.

The eligibility and transfer provisions, and apprenticeship program, are
maintained in order to uphold family and community traditions of commer-
cial fishing, and to provide limited opportunity for new entry to  indi-
viduals who show a commitment to the profession.

BUDGET IMPLICATIONS:

This bill would not have any fiscal impact on the State.

EFFECTIVE DATE:

The  bill  would  take  effect immediately upon enactment, provided that
changes made by section 7 of the bill would  take  effect  December  31,
2011.

2011-S4278 (ACTIVE) - Bill Text download pdf

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

                                  4278

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by Sen. JOHNSON -- (at request of the Department of Environ-
  mental Conservation) -- read  twice  and  ordered  printed,  and  when
  printed to be committed to the Committee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  authority of the department of environmental  conservation  to  manage
  crabs  and  certain  marine  fish  and  makes  technical amendments to
  certain provisions regulating commercial fishing licenses

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

  Section  1.  Subdivision  1  of  section  13-0331 of the environmental
conservation law, as amended by chapter 325 of  the  laws  of  1999,  is
amended to read as follows:
  1. No person shall take crabs, including horseshoe crabs (Limulus sp.)
for commercial purposes without first obtaining a COMMERCIAL permit from
the  department.  For  purposes  of  this  subdivision, a presumption of
"commercial purposes" shall be made wherein one takes or lands more than
fifty crabs in any one day or sells or barters or  offers  for  sale  or
barter  any  crabs he or she has taken. Permits shall be issued to indi-
viduals only but may be endorsed for use on a vessel, in which  case  it
shall cover all persons on board such vessel. THE HOLDER OF A COMMERCIAL
PERMIT  SHALL  BE LIABLE FOR ALL VIOLATIONS THAT OCCUR ON THE VESSEL FOR
WHICH THE HOLDER'S PERMIT IS ENDORSED. THE  HOLDER  OF  A  PERMIT  SHALL
CARRY  ON  HIS OR HER PERSON OR POST ON HIS OR HER VESSEL SUCH PERMIT AT
ALL TIMES WHEN FISHING FOR CRABS. EXCEPT AS PROVIDED IN SUBDIVISION FIVE
OF THIS SECTION, THE PERMIT HOLDER MUST BE PRESENT AT  ALL  TIMES  WHILE
THE PRIVILEGES OF SUCH PERMIT ARE BEING EXERCISED AND WHILE CRAB FISHING
GEAR OWNED BY THE PERMIT HOLDER IS BEING SET OUT OR RETRIEVED. THE HOLD-
ER  OF A COMMERCIAL PERMIT MAY ENDORSE SUCH PERMIT TO ONLY ONE VESSEL AT
ANY ONE TIME AND SHALL BE ON BOARD SUCH VESSEL AT ALL TIMES WHEN  IT  IS
USED FOR FISHING FOR CRABS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09812-01-1

S. 4278                             2

  S  2. Subdivisions 5, 6, and 7 of section 13-0331 of the environmental
conservation law are renumbered subdivisions 6,  7,  and  8  and  a  new
subdivision 5 is added to read as follows:
  5. NO PERSON OTHER THAN THE PERMIT HOLDER SHALL SET OUT, TEND, HAUL OR
UNDULY  DISTURB,  OR  TAKE  OR  REMOVE CRABS FROM, A CRAB POT OR TRAP OR
OTHER COMMERCIAL GEAR, OR DAMAGE, TAKE, REMOVE  OR  POSSESS  SUCH  GEAR.
POSSESSION  OF  SUCH GEAR WITHOUT THE CONSENT OF THE PERMIT HOLDER SHALL
BE CONSIDERED PRIMA FACIE EVIDENCE OF  VIOLATION  OF  THIS  SUBDIVISION.
PROVIDED,  HOWEVER, THAT IN THE EVENT OF A TEMPORARY EMERGENCY, A PERMIT
HOLDER MAY PROVIDE WRITTEN AUTHORIZATION FOR A DIFFERENT  PERMIT  HOLDER
TO  HAUL AND REMOVE CRABS FROM THE PERMIT HOLDER'S POTS OR TRAPS. A COPY
OF SUCH WRITTEN AUTHORIZATION SHALL BE FILED WITH THE DEPARTMENT AND THE
DEPARTMENT SHALL DETERMINE WHAT CONSTITUTES A  TEMPORARY  EMERGENCY  AND
THE  APPROPRIATE  MAXIMUM  DURATION  OF  A  TEMPORARY  EMERGENCY FOR THE
PURPOSES OF THIS SUBDIVISION.
  S 3. Subdivision 7 of section 13-0331 of the  environmental  conserva-
tion  law,  as amended by chapter 152 of the laws of 2007, and as renum-
bered subdivision 8 by section two of this act, is amended  to  read  as
follows:
  7.  The  department  may,  until  December  thirty-first, two thousand
[eleven] FIFTEEN, fix by regulation measures for the management of crabs
of any kind including horseshoe  crabs  (Limulus  sp.),  including  size
limits,  catch  and  possession  limits, open and closed seasons, closed
areas, restrictions on the manner of taking  and  landing,  requirements
for   permits  and  eligibility  therefor,  recordkeeping  requirements,
requirements on the amount and type of  fishing  effort  and  gear,  and
requirements  relating  to transportation, possession and sale, provided
that such regulations are no  less  restrictive  than  requirements  set
forth  in  this  chapter  and provided further that such regulations are
consistent  with  the  compliance  requirements  of  applicable  fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion  and with applicable provisions of fishery management plans adopted
pursuant to the Federal Fishery  Conservation  and  Management  Act  (16
U.S.C. S 1800 et seq.).
  S  4.  Section  13-0339-a  of  the  environmental conservation law, as
amended by chapter 146 of the laws  of  2007,  is  amended  to  read  as
follows:
  S 13-0339-a. [Atlantic cod (Gadus morhua),] Atlantic sturgeon (Acipen-
ser  oxyrhynchus), shortnose sturgeon (Acipenser brevirostrum), American
eel ([Anguillo] ANGUILLA rostrata), Atlantic herring (Clupea  [horengus]
HARENGUS),  American  shad  (Alosa  sapidissima), alewife ([Aloso] ALOSA
pseudoharengus), blueback herring (Alosa aestivalis), [squid (cephalopo-
da),] and hickory shad (Alosa mediocris).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN, fix by regulation measures for the management of [Atlantic  cod
(Gadus  morhua),  American eel (Anguilla rostrata),] Atlantic and short-
nose sturgeon (Acipenser oxyrhynchus  and  brevirostrum),  AMERICAN  EEL
(ANGUILLA  ROSTRATA),  Atlantic  herring  (Clupea  [horengus] HARENGUS),
American shad (Alosa sapidissima), alewife (Alosa pseudoharengus), blue-
back herring (Alosa aestivalis), [squid (cephalopoda),] and hickory shad
(Alosa mediocris), including size limits, catch and  possession  limits,
open  and  closed  seasons,  closed areas, restrictions on the manner of
taking and landing, requirements for permits and  eligibility  therefor,
recordkeeping requirements, requirements on the amount and type of fish-
ing  effort  and  gear,  and  requirements  relating  to transportation,
possession and sale, provided that such regulations are no less restric-

S. 4278                             3

tive than requirements set forth in this chapter  and  provided  further
that such regulations are consistent with the compliance requirements of
applicable  fishery  management  plans  adopted  by  the Atlantic States
Marine  Fisheries  Commission  and with applicable provisions of fishery
management plans adopted pursuant to the  Federal  Fishery  Conservation
and Management Act (16 U.S.C. S 1800 et seq.).
  S  5.  The  environmental  conservation law is amended by adding a new
section 13-0339-b to read as follows:
S 13-0339-B. ATLANTIC COD (GADUS MORHUA).
  THE DEPARTMENT MAY, UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN,
FIX BY REGULATION MEASURES FOR THE MANAGEMENT  OF  ATLANTIC  COD  (GADUS
MORHUA),  INCLUDING  SIZE  LIMITS, CATCH AND POSSESSION LIMITS, OPEN AND
CLOSED SEASONS, CLOSED AREAS, RESTRICTIONS ON THE MANNER OF  TAKING  AND
LANDING,  REQUIREMENTS FOR PERMITS AND ELIGIBILITY THEREFOR, RECORDKEEP-
ING REQUIREMENTS, REQUIREMENTS ON THE AMOUNT AND TYPE OF FISHING  EFFORT
AND  GEAR,  AND  REQUIREMENTS RELATING TO TRANSPORTATION, POSSESSION AND
SALE, PROVIDED THAT  SUCH  REGULATIONS  ARE  NO  LESS  RESTRICTIVE  THAN
REQUIREMENTS  SET  FORTH  IN THIS CHAPTER AND PROVIDED FURTHER THAT SUCH
REGULATIONS ARE CONSISTENT WITH THE COMPLIANCE REQUIREMENTS OF  APPLICA-
BLE FISHERY MANAGEMENT PLANS ADOPTED BY THE ATLANTIC STATES MARINE FISH-
ERIES  COMMISSION  AND  WITH APPLICABLE PROVISIONS OF FISHERY MANAGEMENT
PLANS ADOPTED PURSUANT TO THE FEDERAL FISHERY CONSERVATION  AND  MANAGE-
MENT ACT (16 U.S.C. S 1800 ET SEQ.).
  S  6.  The  environmental  conservation law is amended by adding a new
section 13-0339-c to read as follows:
S 13-0339-C. SQUID (CEPHALOPODA).
  THE DEPARTMENT MAY, UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN,
FIX BY REGULATION MEASURES FOR THE MANAGEMENT  OF  SQUID  (CEPHALOPODA),
INCLUDING  SIZE  LIMITS,  CATCH  AND  POSSESSION LIMITS, OPEN AND CLOSED
SEASONS, CLOSED AREAS, RESTRICTIONS ON THE MANNER OF TAKING AND LANDING,
REQUIREMENTS  FOR  PERMITS  AND  ELIGIBILITY   THEREFOR,   RECORDKEEPING
REQUIREMENTS,  REQUIREMENTS ON THE AMOUNT AND TYPE OF FISHING EFFORT AND
GEAR, AND REQUIREMENTS RELATING TO TRANSPORTATION, POSSESSION AND  SALE,
PROVIDED THAT SUCH REGULATIONS ARE NO LESS RESTRICTIVE THAN REQUIREMENTS
SET FORTH IN THIS CHAPTER AND PROVIDED FURTHER THAT SUCH REGULATIONS ARE
CONSISTENT  WITH  THE  COMPLIANCE  REQUIREMENTS  OF  APPLICABLE  FISHERY
MANAGEMENT PLANS ADOPTED BY THE ATLANTIC STATES MARINE FISHERIES COMMIS-
SION AND WITH APPLICABLE PROVISIONS OF FISHERY MANAGEMENT PLANS  ADOPTED
PURSUANT  TO  THE  FEDERAL  FISHERY  CONSERVATION AND MANAGEMENT ACT (16
U.S.C. S 1800 ET SEQ.).
  S 7. Section 13-0328 of the environmental conservation law, as amended
by chapter 366 of the laws of 2007, is amended to read as follows:
S 13-0328. Commercial licenses; limited entry.
  1. Commercial  food  fish  licenses.  Commercial  food  fish  licenses
provided  for  by  section  13-0335  of  this  title  shall be issued as
follows:
  a. [for the period beginning July first, nineteen hundred  ninety-nine
and  ending  December  thirty-first,  nineteen  hundred ninety-nine, the
following persons shall be eligible to be issued a commercial food  fish
license:
  (i)  persons who held a valid commercial food fish license in nineteen
hundred ninety-eight;
  (ii) persons who held a valid commercial food fish license in nineteen
hundred ninety-six but not in nineteen hundred ninety-seven; and
  (iii) persons who submitted applications to the department during  the
period commencing January first, nineteen hundred ninety-nine and ending

S. 4278                             4

on  the  effective date of this section and who were eligible to receive
such license but had not been issued such license during such period.
  b.] for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand [eleven] FIFTEEN, the number
of  [residential]  RESIDENT commercial food fish licenses and the number
of [non-residential] NON-RESIDENT commercial food  fish  licenses  shall
not exceed the following annual limits:
  (i) [for two thousand four, the number of licenses shall be limited to
the  greater of the number of licenses issued in two thousand two or the
number of licenses issued in two thousand three;
  (ii) for two thousand five, the number of licenses shall be limited to
the number of licenses issued in two thousand four, plus  fifty  percent
of  any difference between the number of licenses issued in two thousand
four and the limit established in subparagraph (i) of this paragraph;
  (iii) for two thousand six, the number of licenses shall be limited to
the number of licenses issued in two thousand five, plus  fifty  percent
of  any difference between the number of licenses issued in two thousand
five and the limit established in subparagraph (ii) of this paragraph;
  (iv) for two thousand seven, the number of licenses shall  be  limited
to the number of licenses issued in two thousand six, plus fifty percent
of  any difference between the number of licenses issued in two thousand
six and the limit established in subparagraph (iii) of this paragraph;
  (v)] for two thousand [eight] TWELVE, the number of licenses shall  be
limited to the number of licenses issued in two thousand [seven] ELEVEN,
plus  fifty  percent  of  any  difference between the number of licenses
issued in two thousand [seven] ELEVEN  and  [the  limit  established  in
subparagraph (iv) of this paragraph] ONE THOUSAND FIFTY-THREE;
  [(vi)]  (II)  for two thousand [nine] THIRTEEN, the number of licenses
shall be limited to the  number  of  licenses  issued  in  two  thousand
[eight]  TWELVE, plus fifty percent of any difference between the number
of licenses issued in two thousand [eight] TWELVE and the  limit  estab-
lished in subparagraph [(v)] (I) of this paragraph;
  [(vii)]  (III) for two thousand [ten] FOURTEEN, the number of licenses
shall be limited to the number of licenses issued in two thousand [nine]
THIRTEEN, plus fifty percent of any difference  between  the  number  of
licenses  issued  in  two  thousand [nine] THIRTEEN and the limit estab-
lished in subparagraph [(vi)] (II) of this paragraph;
  [(viii)] (IV)  for  two  thousand  [eleven]  FIFTEEN,  the  number  of
licenses  shall be limited to the number of licenses issued in two thou-
sand [ten] FOURTEEN, plus fifty percent of any  difference  between  the
number  of  licenses issued in two thousand [ten] FOURTEEN and the limit
established in subparagraph [(vii)] (III) of this paragraph.
  [c.] B. for the period beginning January first,  two  thousand  TWELVE
through  December  thirty-first,  two thousand [eleven] FIFTEEN, persons
who were issued a commercial food fish  license  in  the  previous  year
shall be eligible to be issued such license.
  [d.]  C.  for  the period beginning January first, two thousand [four]
TWELVE through December thirty-first, two thousand [eleven] FIFTEEN, the
department shall issue commercial food fish 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 number of licenses established in paragraph [b] A
of this subdivision and the number of such licenses issued  pursuant  to
paragraph [c] B of this subdivision, subject to the following:
  (i)  licenses  shall  be issued in the order in which the applications
were received, except that where multiple applications are  received  by

S. 4278                             5

the  department  on the same day, applicants for whom the department has
received notice of successful completion of an  apprenticeship  pursuant
to  subdivision seven of this section shall be considered by the depart-
ment prior to other applicants;
  (ii) licenses may be issued to individuals only;
  (iii)  licenses shall be issued to applicants who are sixteen years of
age or older at the time of the application; and
  (iv) licenses shall be issued only to persons  who  demonstrate  in  a
manner  acceptable to the department that they received an average of at
least fifteen thousand dollars of income over  three  consecutive  years
from  commercial  fishing  or  fishing,  or  who successfully complete a
commercial food fish apprenticeship pursuant  to  subdivision  seven  of
this  section.  As used in this subparagraph, "commercial fishing" means
the taking and sale of marine resources including fish, shellfish, crus-
tacea or other marine biota and "fishing" means commercial  fishing  and
carrying  fishing  passengers  for hire. Individuals who wish to qualify
based on income from "fishing" must hold  a  valid  marine  and  coastal
district party and charter boat license. No more than ten percent of the
licenses  issued  each year based on income eligibility pursuant to this
paragraph shall be issued to applicants who qualify  based  solely  upon
income  derived  from  operation  of or employment by a party or charter
boat.
  2. Commercial lobster permits. Commercial lobster permits provided for
by section 13-0329 of this title shall be issued as follows:
  [a. for the period beginning July first, nineteen hundred  ninety-nine
and  ending  December  thirty-first,  nineteen  hundred ninety-nine, the
following persons shall be eligible to be issued  a  commercial  lobster
permit:
  (i)  persons  who  held  a valid commercial lobster permit in nineteen
hundred ninety-eight;
  (ii) persons who held a valid commercial lobster  permit  in  nineteen
hundred ninety-six but not in nineteen hundred ninety-seven; and
  (iii)  persons who submitted applications to the department during the
period commencing January first, nineteen hundred ninety-nine and ending
on the effective date of this section and who were eligible  to  receive
such permit but had not been issued such permit during such period.
  b.]  for  the  period  beginning  January  first, two thousand TWELVE,
through December  thirty-first,  two  thousand  [eleven]  FIFTEEN,  only
persons who were issued a commercial lobster permit in the previous year
shall be eligible to be issued such permit.
  3.  Commercial  crab  permits. Commercial crab permits provided for by
section 13-0331 of this title shall be issued as follows:
  a. [for the period beginning July first, nineteen hundred  ninety-nine
and  ending  December  thirty-first,  nineteen  hundred ninety-nine, the
following persons shall be eligible  to  be  issued  a  commercial  crab
permit:
  (i)  persons  who  held  a  valid  commercial  crab permit in nineteen
hundred ninety-eight;
  (ii) persons who held a  valid  commercial  crab  permit  in  nineteen
hundred ninety-six but not in nineteen hundred ninety-seven; and
  (iii)  persons who submitted applications to the department during the
period commencing January first, nineteen hundred ninety-nine and ending
on the effective date of this section and who were eligible  to  receive
such permit but had not been issued such permit during such period.
  b.] for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand [eleven] FIFTEEN, the number

S. 4278                             6

of  [residential]  RESIDENT  commercial  crab  permits and the number of
[non-residential] NON-RESIDENT commercial crab permits shall not  exceed
the following annual limits:
  (i)  [for two thousand four, the number of permits shall be limited to
the greater of the number of permits issued in two thousand two  or  the
number of permits issued in two thousand three;
  (ii)  for two thousand five, the number of permits shall be limited to
the number of permits issued in two thousand four, plus fifty percent of
any difference between the number of permits issued in two thousand four
and the limit established in subparagraph (i) of this paragraph;
  (iii) for two thousand six, the number of permits shall be limited  to
the number of permits issued in two thousand five, plus fifty percent of
any difference between the number of permits issued in two thousand five
and the limit established in subparagraph (ii) of this paragraph;
  (iv)  for  two thousand seven, the number of licenses shall be limited
to the number of permits issued in two thousand six, plus fifty  percent
of  any  difference between the number of permits issued in two thousand
six and the limit established in subparagraph (iii) of this paragraph;
  (v)] for two thousand [eight] TWELVE, the number of permits  shall  be
limited  to the number of permits issued in two thousand [seven] ELEVEN,
plus fifty percent of any  difference  between  the  number  of  permits
issued  in  two  thousand  [seven]  ELEVEN and [the limit established in
subparagraph (iv) of this paragraph] SIX HUNDRED SIXTEEN;
  [(vi)] (II) for two thousand [nine] THIRTEEN, the  number  of  permits
shall be limited to the number of permits issued in two thousand [eight]
TWELVE,  plus  fifty  percent  of  any  difference between the number of
permits issued in two thousand [eight] TWELVE and the limit  established
in subparagraph [(v)] (I) of this paragraph;
  [(vii)]  (III)  for two thousand [ten] FOURTEEN, the number of permits
shall be limited to the number of permits issued in two thousand  [nine]
THIRTEEN,  plus  fifty  percent  of any difference between the number of
permits issued in two thousand [nine] THIRTEEN and the limit established
in subparagraph [(vi)] (II) of this paragraph;
  [(viii)] (IV) for two thousand [eleven] FIFTEEN, the number of permits
shall be limited to the number of permits issued in two  thousand  [ten]
FOURTEEN,  plus  fifty  percent  of any difference between the number of
permits issued in two thousand [ten] FOURTEEN and the limit  established
in subparagraph [(vii)] (III) of this paragraph.
  [c.]  B.  for  the period beginning January first, two thousand TWELVE
through December thirty-first, two thousand  [eleven]  FIFTEEN,  persons
who  were  issued a commercial crab permit in the previous year shall be
eligible to be issued such permit.
  [d.] C. for the period beginning January first,  two  thousand  [four]
TWELVE through December thirty-first, two thousand [eleven] FIFTEEN, the
department  shall  issue commercial crab permits to persons who were not
issued such permit in the previous year provided that the  total  number
of  such  permits  issued to such persons does not exceed the difference
between the number of permits established in paragraph  [b]  A  of  this
subdivision  and the number of such permits issued pursuant to paragraph
[c] B of this subdivision, subject to the following:
  (i) permits shall be issued in the order  in  which  the  applications
were  received,  except that where multiple applications are received by
the department on the same day, applicants for whom the  department  has
received  notice  of successful completion of an apprenticeship pursuant
to subdivision seven of this section shall be considered by the  depart-
ment prior to other applicants;

S. 4278                             7

  (ii) permits may be issued to individuals only;
  (iii)  permits  shall be issued to applicants who are sixteen years of
age or older at the time of the application; and
  (iv) permits shall be issued only to  persons  who  demonstrate  in  a
manner  acceptable to the department that they received an average of at
least fifteen thousand dollars of income over  three  consecutive  years
from  commercial  fishing  or  fishing,  or who successfully complete an
apprenticeship pursuant to subdivision seven of this section. As used in
this subparagraph, "commercial fishing" means the  taking  and  sale  of
marine  resources  including  fish, shellfish, crustacea or other marine
biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
passengers  for  hire.  Individuals  who wish to qualify based on income
from "fishing" must hold a valid marine and coastal district  party  and
charter  boat  license.  No  more than ten percent of the permits issued
each year based on income eligibility pursuant to this  paragraph  shall
be issued to applicants who qualify based upon income derived from oper-
ation of or employment by a party or charter boat.
  4.  Commercial  whelk  or  conch  licenses.  Commercial whelk or conch
licenses provided for by section 13-0330 of this title shall  be  issued
as follows:
  a.  for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand [eleven] FIFTEEN, the number
of [residential] RESIDENT commercial whelk or  conch  licenses  and  the
number  of  [non-residential]  NON-RESIDENT  commercial  whelk  or conch
licenses shall not exceed the following annual limits:
  (i) [for two thousand four, the number of licenses shall be limited to
three hundred or the number of licenses issued in  two  thousand  three,
whichever is greater;
  (ii) for two thousand five, the number of licenses shall be limited to
the  number  of licenses issued in two thousand four, plus fifty percent
of any difference between the number of licenses issued in two  thousand
four and the limit established in subparagraph (i) of this paragraph;
  (iii) for two thousand six, the number of licenses shall be limited to
the  number  of licenses issued in two thousand five, plus fifty percent
of any difference between the number of licenses issued in two  thousand
five and the limit established in subparagraph (ii) of this paragraph;
  (iv)  for  two thousand seven, the number of licenses shall be limited
to the number of licenses issued in two thousand six, plus fifty percent
of any difference between the number of licenses issued in two  thousand
six and the limit established in subparagraph (iii) of this paragraph;
  (v)]  for two thousand [eight] TWELVE, the number of licenses shall be
limited to the number of licenses issued in two thousand [seven] ELEVEN,
plus fifty percent of any difference  between  the  number  of  licenses
issued  in  two  thousand  [seven]  ELEVEN and [the limit established in
subparagraph (iv) of this paragraph] TWO HUNDRED SEVENTY-ONE;
  [(vi)] (II) for two thousand [nine] THIRTEEN, the number  of  licenses
shall  be  limited  to  the  number  of  licenses issued in two thousand
[eight] TWELVE, plus fifty percent of any difference between the  number
of  licenses  issued in two thousand [eight] TWELVE and the limit estab-
lished in subparagraph [(v)] (I) of this paragraph;
  [(vii)] (III) for two thousand [ten] FOURTEEN, the number of  licenses
shall be limited to the number of licenses issued in two thousand [nine]
THIRTEEN,  plus  fifty  percent  of any difference between the number of
licenses issued in two thousand [nine] THIRTEEN  and  the  limit  estab-
lished in subparagraph [(vi)] (II) of this paragraph;

S. 4278                             8

  [(viii)]  (IV)  for  two  thousand  [eleven]  FIFTEEN,  the  number of
licenses shall be limited to the number of licenses issued in two  thou-
sand  [ten]  FOURTEEN,  plus fifty percent of any difference between the
number of licenses issued in two thousand [ten] FOURTEEN and  the  limit
established in subparagraph [(vii)] (III) of this paragraph.
  b.  for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand  [eleven]  FIFTEEN,  persons
who were issued a commercial whelk or conch license in the previous year
shall be eligible to be issued such license.
  c.  for the period beginning January first, two thousand [four] TWELVE
through December thirty-first, two thousand  [eleven]  FIFTEEN,  persons
who  were not issued a commercial whelk or conch license in the previous
year shall be eligible to be issued such license provided that the total
number of such licenses issued to such  persons  shall  not  exceed  the
difference  between the number of licenses established in paragraph a of
this subdivision and the number of  such  licenses  issued  pursuant  to
paragraph b of this subdivision, subject to the following:
  (i)  licenses  shall  be issued in the order in which the applications
were received, except that where multiple applications are  received  by
the  department  on the same day, applicants for whom the department has
received notice of successful completion of an  apprenticeship  pursuant
to  subdivision seven of this section shall be considered by the depart-
ment prior to other applicants;
  (ii) licenses may be issued to individuals only;
  (iii) licenses shall be issued to applicants who are sixteen years  of
age or older at the time of the application; and
  (iv)  licenses  shall  be  issued only to persons who demonstrate in a
manner acceptable to the department that they received an average of  at
least  fifteen  thousand  dollars of income over three consecutive years
from commercial fishing or fishing,  or  who  successfully  complete  an
apprenticeship pursuant to subdivision seven of this section. As used in
this  subparagraph,  "commercial  fishing"  means the taking and sale of
marine resources including fish, shellfish, crustacea  or  other  marine
biota  and  "fishing"  means  commercial  fishing  and  carrying fishing
passengers for hire. Individuals who wish to  qualify  based  on  income
from  "fishing"  must hold a valid marine and coastal district party and
charter boat license. No more than ten percent of  the  licenses  issued
each  year  pursuant to this paragraph shall be issued to applicants who
qualify based upon income derived from operation of or employment  by  a
party or charter boat.
  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]
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] FIVE HUNDRED SEVENTEEN.
  b. [for the years two thousand  eight  through  two  thousand  eleven,
persons] 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.

S. 4278                             9

  c. [for the years two thousand eight through two thousand eleven, the]
THE department shall issue marine and coastal district party and charter
boat  licenses to persons who were not issued such license in the previ-
ous 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 of this subdivision and the  number  of  such
licenses  issued  in  the  previous year pursuant to paragraph b of this
subdivision] FIVE HUNDRED SEVENTEEN, 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.
  6. License or permit reissuance.
  a. Notwithstanding the provisions of subdivisions one, two, three  and
four  of this section, the department may permit reissuance of a license
or permit to a member of the immediate family of  the  prior  holder  of
such license or permit; 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 or permit holder [to designate]  SHALL
HAVE  DESIGNATED  in  writing a member of his or her immediate family to
whom the license or permit shall be  reissued  in  the  event  that  the
license  or permit holder dies OR BECOMES DISABLED prior to surrendering
his or her license or permit to the department.
  B. FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM  "IMMEDIATE  FAMILY
MEMBER"  SHALL  MEAN SPOUSE, SIBLING, PARENT, CHILD, GRANDPARENT, GRAND-
CHILD AND, IF DOMICILED IN THE HOUSE OF THE LICENSE OR PERMIT HOLDER,  A
PERSON  WHO  IS RELATED BY BLOOD, MARRIAGE OR ADOPTION TO THE LICENSE OR
PERMIT HOLDER. THE WRITTEN PRE-DESIGNATION SHALL BE ON A FORM PRESCRIBED
BY THE DEPARTMENT AND KEPT ON FILE AT OFFICES OF THE DEPARTMENT'S BUREAU
OF MARINE RESOURCES. A REQUEST FOR LICENSE REISSUANCE MUST BE MADE WITH-
IN ONE YEAR OF THE EXPIRATION DATE OF THE LICENSE OR THE DATE  OF  DEATH
OR  DISABILITY  OF THE LICENSE OR PERMIT HOLDER, WHICHEVER IS LATER. THE
DEPARTMENT MAY CONSIDER, IN ITS DISCRETION, OTHER WRITTEN  DOCUMENTATION
AS  EVIDENCE  OF  INTENT,  AS  LONG AS THAT DOCUMENTATION PROVIDES CLEAR
GUIDANCE TO THE DEPARTMENT AS TO THE INTENTION OF THE DECEDENT OR  DISA-
BLED  PERSON  WITH  RESPECT  TO  LICENSE  OR  PERMIT  REISSUANCE AND THE
INTENDED RECIPIENT.
  C. In the event that a designated immediate  family  member  does  not
wish  to  engage in the commercial fishing activities authorized by such
license or permit, the department may permit [such  person]  THE  DESIG-
NATED  IMMEDIATE  FAMILY  MEMBER 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  or  permits
pursuant to this subdivision.
  [b.] D. The holder of a reissued license or permit shall engage in the
activity  authorized  by the license or permit 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  or
permit  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 or permit holder's inactivity was justified by significant hard-
ship or unavoidable circumstances.
  7.  Commercial  license  apprenticeship  program.  The  department  is
authorized to adopt regulations establishing an  apprenticeship  program
for  persons  who  wish  to  obtain a commercial crab permit pursuant to
section 13-0331 of this title, a commercial food fish  license  pursuant

S. 4278                            10

to  section  13-0335 of this title or a commercial whelk (conch) license
pursuant to section 13-0330 of this title. Upon successful completion of
the apprenticeship program, a person shall become eligible to receive  a
commercial  crab  permit,  commercial  food fish license or a commercial
whelk (conch) license, as applicable, subject to the provisions of para-
graph [d] C of subdivision one, paragraph [d] C  of  subdivision  three,
and paragraph c of subdivision four of this section, respectively.
  S 8. This act shall take effect immediately provided that changes made
by  section  seven  of this act shall take effect December 31, 2011, and
that any regulations necessary for  the  timely  implementation  of  the
provisions  of  this  act on its effective date may be promulgated on or
before such date.

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Senate Bill S4278

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Sponsored By

Owen H. Johnson

Archive: Last Bill Status - Stricken

Actions

2011-S4278 (ACTIVE) - Details

2011-S4278 (ACTIVE) - Summary

2011-S4278 (ACTIVE) - Sponsor Memo

2011-S4278 (ACTIVE) - Bill Text download pdf

Comments