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(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
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
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(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
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;
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(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;
(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
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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;
[(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
S. 5086 6
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.
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:
S. 5086 7
(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 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
prior to surrendering his or her license or permit to the department.
b. 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 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.] C. 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
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 2. This act shall take effect December 31, 2011.