S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3262
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of A. BARCLAY, BLANKENBUSH, DiPIETRO, FINCH, GIGLIO,
   HAWLEY, KOLB, MONTESANO, PALMESANO, RAIA, WALTER -- Multi-Sponsored by
   -- M. of A.  BUTLER, GOODELL, LOPEZ, 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 3 of  part  AA  of
 chapter  60  of  the  laws  of 2011, the opening paragraph as amended by
 section 3 of part R of chapter 58 of the laws of  2013,  is  amended  to
 read as follows:
   a.  All  licenses,  bowhunting  privileges, muzzle-loading privileges,
 tags, permits, registrations, and permit applications 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  or  registra-
 tions,
   (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 or registrations, [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-

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

                                                            LBD05440-01-7

 A. 3262                             2
 
 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 shall file reports and
 remit license fees to the appropriate regional  environmental  conserva-
 tion 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.
   § 2. Subdivision 3 of section 11-0705 of the  environmental  conserva-
 tion  law,  as amended by section 21 of part R of chapter 58 of the laws
 of 2013, is amended to read as follows:
   3. Failure of a licensee to have the holder's license, tag or  license
 with  bowhunting  and/or muzzle-loading privilege included, on the hold-
 er's person while hunting, fishing or trapping, is presumptive  evidence
 that  the  holder  is  hunting, fishing or trapping, as the case may be,
 without holding the license, tag or license and  bowhunting  or  muzzle-
 loading  privilege  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 PARAGRAPH 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 FISH-
 ING.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, that  effective  immediately,  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.