NY State Senate Bill 2017-S5747A

Senate Bill S5747A

Signed By Governor

2017-2018 Legislative Session

Extends the authorization of the department of environmental conservation to issue commercial fishing licenses in certain numbers until 2018

download bill text pdf

Archive: Last Bill Status Via A8279 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 21, 2017	signed chap.225
Aug 09, 2017	delivered to governor
Jun 21, 2017	returned to assembly passed senate 3rd reading cal.2131 substituted for s5747a
Jun 21, 2017	substituted by a8279a ordered to third reading cal.2131 committee discharged and committed to rules
Jun 14, 2017	print number 5747a
Jun 14, 2017	amend and recommit to environmental conservation
Apr 27, 2017	referred to environmental conservation

Votes

- Jun 21, 2017 - Floor Vote
  A8279
  
  60
  
  Aye
  
  2
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      LaValle
      
      Robach
      
      absent (1)
      
      Sanders Jr.
  Jun 21, 2017 - Rules Committee Vote
  S5747A
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Parker
      
      Ranzenhofer
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      LaValle
      
      Montgomery
      
      Robach

Bill Amendments

Original

A (Active)

2017-S5747 - Details

See Assembly Version of this Bill:: A8279
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L

2017-S5747 - Summary

Extends the authorization of the department of environmental conservation to issue commercial fishing licenses in certain numbers until 2018.

2017-S5747 - Sponsor Memo

                                 BILL NUMBER:  S5747

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to commercial fishing licenses

 PURPOSE OF THE BILL :

The purpose of this bill is to extend and modify the eligibility
limitations for commercial fishing licenses and permits.

 SUMMARY OF PROVISIONS :

Section 1 of this bill would amend Environmental Conservation Law
(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; and 3) maintain the current
eligibility requirements.

Section 2 of this bill would make it effective December 31, 2017,
provided 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.

 JUSTIFICATION :

Since ECL § 13-0328 was last amended in 2015, the number of commercial
fishing licenses and permits issued has generally continued to decline
as follows:

Ñ 2015 Ñ 2016
Resident Food FishÑ932Ñ907
Non-Resident Food FishÑ41Ñ41
Resident CrabÑ541Ñ527
Non-Resident CrabÑ25Ñ25
Resident LobsterÑ293Ñ272
Non-Resident LobsterÑ18Ñ18
Resident WhelkÑ239Ñ237
Non-Resident WhelkÑ10Ñ11
Party & Charter BoatÑ488Ñ492
*Issued as of 11-1-2016

However,  the  current  numbers  of licenses and permits are still too
high to ensure economic viability of commercial fisheries,  given  the
restrictions and limits on fishing activity required under current and
anticipated  federal  and  interstate  fishery management regulations.
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  complete  moratorium  would  be  maintained on commercial
lobster permits, given that  significant  excess  harvesting  capacity
exists   in  the  lobster  fishery,  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 in this troubled fishery.

 PRIOR LEGISLATIVE HISTORY :

ECL  § 13-0328 was last amended to extend and modify its provisions in
Chapter 212 of the Laws of 2015.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This  act  shall  take  effect on December 31, 2017, provided 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.

2017-S5747 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5747
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE -- (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
   commercial fishing licenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1,  2, 3, 4 and 5 of section 13-0328 of the
 environmental conservation law, as amended by chapter 212 of the laws of
 2015, subparagraph (iv) of paragraph c of subdivision  1  as  separately
 amended  by  chapter  484  of  the  laws of 2015, are amended to read as
 follows:
   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  January  first,  two  thousand  [sixteen]
 EIGHTEEN through December thirty-first, two thousand [seventeen] TWENTY,
 the  number  of resident commercial food fish licenses and the number of
 non-resident commercial food fish licenses shall not exceed the  follow-
 ing annual limits:
   (i)  for two thousand [sixteen] EIGHTEEN, the number of licenses shall
 be limited to the number of licenses issued in  two  thousand  [fifteen]
 SEVENTEEN,  plus  fifty  percent of any difference between the number of
 licenses issued in two thousand [fifteen] SEVENTEEN  and  [one  thousand
 four] NINE HUNDRED SIXTY-NINE; [and]
   (ii)  for  two  thousand  [seventeen] NINETEEN, the number of licenses
 shall be limited to the  number  of  licenses  issued  in  two  thousand
 [sixteen]  EIGHTEEN,  plus  fifty  percent of any difference between the
 number of licenses issued in two thousand  [sixteen]  EIGHTEEN  and  the
 limit established in subparagraph (i) of this paragraph[.] ; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09925-01-7

 S. 5747                             2
 
   (III) FOR TWO THOUSAND TWENTY, THE NUMBER OF LICENSES SHALL BE LIMITED
 TO  THE  NUMBER  OF LICENSES ISSUED IN TWO THOUSAND NINETEEN, PLUS FIFTY
 PERCENT OF ANY DIFFERENCE BETWEEN THE NUMBER OF LICENSES ISSUED  IN  TWO
 THOUSAND NINETEEN AND THE LIMIT ESTABLISHED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH.
   b.  for  the  period  beginning  January first, two thousand [sixteen]
 EIGHTEEN through December thirty-first, two thousand [seventeen] TWENTY,
 persons who were issued a commercial food fish license in  the  previous
 year shall be eligible to be issued such license.
   c.  for  the  period  beginning  January first, two thousand [sixteen]
 EIGHTEEN through December thirty-first, two thousand [seventeen] TWENTY,
 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 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 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. For the income evaluation of this subdivision, the department  may
 consider  persons  who would otherwise be eligible but for having served
 in the United States armed forces on active  duty,  provided  that  such
 individual  has received an honorable or general discharge, shall not be
 deemed ineligible.
   2. Commercial lobster permits. Commercial lobster permits provided for
 by section 13-0329 of this title shall be issued as follows:
   for the period beginning January first, two thousand  [sixteen]  EIGH-
 TEEN,  through  December  thirty-first, two thousand [seventeen] TWENTY,
 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  January first, two thousand [sixteen]
 EIGHTEEN through December thirty-first, two thousand [seventeen] TWENTY,
 the number of resident commercial crab permits and the number of non-re-

 S. 5747                             3
 
 sident commercial crab permits shall not  exceed  the  following  annual
 limits:
   (i)  for  two thousand [sixteen] EIGHTEEN, the number of permits shall
 be limited to the number of permits issued  in  two  thousand  [fifteen]
 SEVENTEEN,  plus  fifty  percent of any difference between the number of
 permits issued in two thousand  [fifteen]  SEVENTEEN  and  five  hundred
 [eighty-two] SIXTY-THREE; [and]
   (ii)  for  two  thousand  [seventeen]  NINETEEN, the number of permits
 shall be limited to  the  number  of  permits  issued  in  two  thousand
 [sixteen]  EIGHTEEN,  plus  fifty  percent of any difference between the
 number of permits issued in two  thousand  [sixteen]  EIGHTEEN  and  the
 limit established in subparagraph (i) of this paragraph[.]; AND
   (III)  FOR TWO THOUSAND TWENTY, THE NUMBER OF PERMITS SHALL BE LIMITED
 TO THE NUMBER OF PERMITS ISSUED IN TWO  THOUSAND  NINETEEN,  PLUS  FIFTY
 PERCENT  OF  ANY  DIFFERENCE BETWEEN THE NUMBER OF PERMITS ISSUED IN TWO
 THOUSAND NINETEEN AND THE LIMIT ESTABLISHED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH.
   b. for the period beginning  January  first,  two  thousand  [sixteen]
 EIGHTEEN through December thirty-first, two thousand [seventeen] TWENTY,
 persons  who  were  issued a commercial crab permit in the previous year
 shall be eligible to be issued such permit.
   c. for the period beginning  January  first,  two  thousand  [sixteen]
 EIGHTEEN through December thirty-first, two thousand [seventeen] TWENTY,
 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  a  of
 this subdivision and the number of such permits issued pursuant to para-
 graph 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
 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:

 S. 5747                             4
 
   a. for the period beginning  January  first,  two  thousand  [sixteen]
 EIGHTEEN through December thirty-first, two thousand [seventeen] TWENTY,
 the number of resident commercial whelk or conch licenses and the number
 of  non-resident commercial whelk or conch licenses shall not exceed the
 following annual limits:
   (i)  for two thousand [sixteen] EIGHTEEN, the number of licenses shall
 be limited to the number of licenses issued in  two  thousand  [fifteen]
 SEVENTEEN  plus  fifty  percent  of any difference between the number of
 licenses issued in two thousand  [fifteen]  SEVENTEEN  and  two  hundred
 [sixty-one] FIFTY-TWO; [and]
   (ii)  for  two  thousand  [seventeen] NINETEEN, the number of licenses
 shall be limited to the  number  of  licenses  issued  in  two  thousand
 [sixteen]  EIGHTEEN,  plus  fifty  percent of any difference between the
 number of licenses issued in two thousand  [sixteen]  EIGHTEEN  and  the
 limit established in subparagraph (i) of this paragraph[.] ; AND
   (III) FOR TWO THOUSAND TWENTY, THE NUMBER OF LICENSES SHALL BE LIMITED
 TO  THE  NUMBER  OF LICENSES ISSUED IN TWO THOUSAND NINETEEN, PLUS FIFTY
 PERCENT OF ANY DIFFERENCE BETWEEN THE NUMBER OF LICENSES ISSUED  IN  TWO
 THOUSAND NINETEEN AND THE LIMIT ESTABLISHED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH.
   b.  for  the  period  beginning  January first, two thousand [sixteen]
 EIGHTEEN through December thirty-first, two thousand [seventeen] TWENTY,
 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 [sixteen]
 EIGHTEEN through December thirty-first, two thousand [seventeen] TWENTY,
 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.

 S. 5747                             5
 
   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 [sixteen] EIGHTEEN through two thousand
 [seventeen] TWENTY, the annual number of  marine  and  coastal  district
 party  and  charter  boat  licenses issued shall not exceed five hundred
 seventeen.
   b. for the years two thousand [sixteen] EIGHTEEN through two  thousand
 [seventeen]  TWENTY,  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 [sixteen] EIGHTEEN through two thousand
 [seventeen] TWENTY,  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
 licenses  issued  does not exceed 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.
   § 2. This act shall take effect December 31, 2017, provided  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.

2017-S5747A (ACTIVE) - Details

See Assembly Version of this Bill:: A8279
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L

2017-S5747A (ACTIVE) - Summary

Extends the authorization of the department of environmental conservation to issue commercial fishing licenses in certain numbers until 2018.

2017-S5747A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5747A

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to commercial fishing licenses

 PURPOSE OF THE BILL :

The purpose of this bill is to extend and modify the eligibility
limitations for commercial fishing licenses and permits.

 SUMMARY OF PROVISIONS :

Section 1 of this bill would amend Environmental Conservation Law
(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; and 3) maintain the current
eligibility requirements.

Section 2 of this bill would make it effective December 31, 2017,
provided 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.

 JUSTIFICATION :

Since ECL § 13-0328 was last amended in 2015, the number of commercial
fishing licenses and permits issued has generally continued to decline
as follows:

Ñ2015 Ñ2016*
Resident Food Fish Ñ932 Ñ907
Non-Resident Food Fish Ñ41 Ñ41
Resident Crab Ñ541 Ñ527
Non-Resident Crab Ñ25 Ñ25
Resident Lobster Ñ293 Ñ272
Non-Resident Lobster Ñ18 Ñ18
Resident Whelk Ñ239 Ñ237
Non-Resident Whelk Ñ10 Ñ11
Party & Charter Boat Ñ488 Ñ492
*Issued as of 11-1-2016

However,  the  current  numbers  of licenses and permits are still too
high to ensure economic viability of commercial fisheries,  given  the
restrictions and limits on fishing activity required under current and
anticipated  federal  and  interstate  fishery management regulations.
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  complete  moratorium  would  be  maintained on commercial
lobster permits, given that  significant  excess  harvesting  capacity
exists   in  the  lobster  fishery,  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 in this troubled fishery.

 PRIOR LEGISLATIVE HISTORY :

ECL  § 13-0328 was last amended to extend and modify its provisions in
Chapter 212 of the Laws of 2015.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This  act  shall  take  effect on December 31, 2017, provided 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.

2017-S5747A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5747--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   commercial fishing licenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1,  2, 3, 4 and 5 of section 13-0328 of the
 environmental conservation law, as amended by chapter 212 of the laws of
 2015, subparagraph (iv) of paragraph c of subdivision  1  as  separately
 amended  by  chapter  484  of  the  laws of 2015, are amended to read as
 follows:
   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  January  first,  two  thousand  [sixteen]
 EIGHTEEN  through  December thirty-first, two thousand [seventeen] EIGH-
 TEEN, the number of resident  commercial  food  fish  licenses  and  the
 number  of  non-resident  commercial food fish licenses shall not exceed
 the following annual limits:
   [(i)] for two thousand [sixteen]  EIGHTEEN,  the  number  of  licenses
 shall  be  limited  to  the  number  of  licenses issued in two thousand
 [fifteen] SEVENTEEN, plus fifty percent of any  difference  between  the
 number  of  licenses issued in two thousand [fifteen] SEVENTEEN and [one
 thousand four] NINE HUNDRED SIXTY-NINE[; and
   (ii) for two thousand seventeen,  the  number  of  licenses  shall  be
 limited  to  the number of licenses issued in two thousand sixteen, plus
 fifty percent of any difference between the number of licenses issued in
 two thousand sixteen and the limit established in  subparagraph  (i)  of
 this paragraph].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09925-03-7

 S. 5747--A                          2
 
   b.  for  the  period  beginning  January first, two thousand [sixteen]
 EIGHTEEN through December thirty-first, two thousand  [seventeen]  EIGH-
 TEEN,  persons  who  were  issued  a commercial food fish license in the
 previous year shall be eligible to be issued such license.
   c.  for  the  period  beginning  January first, two thousand [sixteen]
 EIGHTEEN through December thirty-first, two thousand  [seventeen]  EIGH-
 TEEN,  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  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 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. For the income evaluation of this subdivision, the department  may
 consider  persons  who would otherwise be eligible but for having served
 in the United States armed forces on active  duty,  provided  that  such
 individual  has received an honorable or general discharge, shall not be
 deemed ineligible.
   2. Commercial lobster permits. Commercial lobster permits provided for
 by section 13-0329 of this title shall be issued as follows:
   for the period beginning January first, two thousand  [sixteen]  EIGH-
 TEEN,  through December thirty-first, two thousand [seventeen] EIGHTEEN,
 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  January first, two thousand [sixteen]
 EIGHTEEN through December thirty-first, two thousand  [seventeen]  EIGH-
 TEEN,  the  number of resident commercial crab permits and the number of
 non-resident commercial crab permits  shall  not  exceed  the  following
 annual limits:
   [(i)] for two thousand [sixteen] EIGHTEEN, the number of permits shall
 be  limited  to  the  number of permits issued in two thousand [fifteen]
 SEVENTEEN, plus fifty percent of any difference between  the  number  of

 S. 5747--A                          3
 
 permits  issued  in  two  thousand  [fifteen] SEVENTEEN and five hundred
 [eighty-two] SIXTY-THREE[; and
   (ii) for two thousand seventeen, the number of permits shall be limit-
 ed  to  the number of permits issued in two thousand sixteen, plus fifty
 percent of any difference between the number of permits  issued  in  two
 thousand  sixteen  and the limit established in subparagraph (i) of this
 paragraph].
   b. for the period beginning  January  first,  two  thousand  [sixteen]
 EIGHTEEN  through  December thirty-first, two thousand [seventeen] EIGH-
 TEEN, persons who were issued a commercial crab permit in  the  previous
 year shall be eligible to be issued such permit.
   c.  for  the  period  beginning  January first, two thousand [sixteen]
 EIGHTEEN through December thirty-first, two thousand  [seventeen]  EIGH-
 TEEN,  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 a of
 this subdivision and the number of such permits issued pursuant to para-
 graph 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
 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 [sixteen]
 EIGHTEEN through December thirty-first, two thousand  [seventeen]  EIGH-
 TEEN,  the number of resident commercial whelk or conch licenses and the
 number of non-resident commercial whelk  or  conch  licenses  shall  not
 exceed the following annual limits:
   [(i)]  for  two  thousand  [sixteen]  EIGHTEEN, the number of licenses
 shall be limited to the  number  of  licenses  issued  in  two  thousand
 [fifteen]  SEVENTEEN  plus  fifty  percent of any difference between the
 number of licenses issued in two thousand [fifteen]  SEVENTEEN  and  two
 hundred [sixty-one] FIFTY-TWO[; and

 S. 5747--A                          4

   (ii)  for  two  thousand  seventeen,  the  number of licenses shall be
 limited to the number of licenses issued in two thousand  sixteen,  plus
 fifty percent of any difference between the number of licenses issued in
 two  thousand  sixteen  and the limit established in subparagraph (i) of
 this paragraph].
   b.  for  the  period  beginning  January first, two thousand [sixteen]
 EIGHTEEN through December thirty-first, two thousand  [seventeen]  EIGH-
 TEEN, 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 [sixteen]
 EIGHTEEN through December thirty-first, two thousand  [seventeen]  EIGH-
 TEEN, 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 [sixteen] SEVENTEEN through two thousand
 [seventeen] EIGHTEEN, the annual number of marine and  coastal  district
 party  and  charter  boat  licenses issued shall not exceed five hundred
 seventeen.
   b. for the years two thousand [sixteen] SEVENTEEN through two thousand
 [seventeen] EIGHTEEN, 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. 5747--A                          5
 
   c. for the years two thousand [sixteen] SEVENTEEN through two thousand
 [seventeen] EIGHTEEN, 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
 licenses  issued  does not exceed 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.
   § 2. This act shall take effect December 31, 2017, provided  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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