NY State Senate Bill 2017-S7997A

Archive: Last Bill Status - In Senate Committee Rules Committee

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
Jun 20, 2018	recommitted to rules vote reconsidered - restored to third reading substitution reconsidered substituted by a11040 ordered to third reading cal.2112
Jun 19, 2018	committee discharged and committed to rules
May 07, 2018	print number 7997a
May 07, 2018	amend and recommit to environmental conservation
Mar 16, 2018	referred to environmental conservation

Votes

- Jun 20, 2018 - Rules Committee Vote
  S7997A
  
  21
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2018
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Griffo
      
      LaValle
      
      Lanza
      
      excused (1)
      
      Rivera

Bill Amendments

Original

A (Active)

2017-S7997 - Details

See Assembly Version of this Bill:: A11040
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S2410, A2575

2017-S7997 - Summary

Relates to commercial fishing licenses extending the time period such licenses may be issued and setting limits on the number of licenses to be issued.

2017-S7997 - Sponsor Memo

                                
 
BILL NUMBER: S7997

SPONSOR: BOYLE
 
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 limita-
tions 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 eligibil-
ity requirements.

Section 2 of this bill provides that the bill shall take effect December

31, 2018, provided that any regulations necessary for the timely imple-
mentation of the provisions of this act on its effective date may be
promulgated on or before such date.

 
STATEMENT IN SUPPORT:

Since ECL § 13-0328 was last amended in 2017, the number of commercial
fishing licenses and permits issued has generally continued to decline
as follows:

                        2015       2016      2017

Resident Food Fish      932        928       924
Non-Resident Food Fish  41         41        40
Resident Crab           541        538       537
Non-Resident Crab       25         26        25
Resident Lobster        293        280       273
Non-Resident Lobster    18         18        18
Resident Whelk          239        241       240
Non-Resident Whelk      10         11        11
Party & Charter Boat    488        492       508

This bill would maintain the current license and permit numbers. 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 mortal-
ity 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 225 of the Laws of 2017.

 
BUDGET IMPLICATIONS:

A continuing reduction in the number of commercial fishing licenses and
permits issued by DEC would result in declining revenue to the Marine
Resources Account of the Conservation Fund.

 
EFFECTIVE DATE:
This act would take effect immediately.

2017-S7997 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7997
 
                             I N  S E N A T E
 
                              March 16, 2018
                                ___________
 
 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 225 of the laws of
 2017, 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  eighteen
 through  December  thirty-first,  two  thousand [eighteen] NINETEEN, 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 [eighteen]   NINETEEN,  the  number  of  licenses
 shall  be  limited  to  the  number  of  licenses issued in two thousand
 [seventeen] EIGHTEEN, plus fifty percent of any difference  between  the
 number  of licenses issued in two thousand [seventeen] EIGHTEEN and nine
 hundred sixty-nine[.]; AND
   (II) FOR TWO THOUSAND NINETEEN, THE NUMBER OF LICENSES SHALL BE LIMIT-
 ED TO THE NUMBER OF LICENSES ESTABLISHED IN  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH.
   b.  for  the  period  beginning  January  first, two thousand eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, 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 eighteen
 through December thirty-first, two thousand [eighteen]  TWENTY-ONE,  the
 department shall issue commercial food fish licenses to persons who were
 not  issued  such  license  in the previous year provided that the total
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14408-03-8

 S. 7997                             2
 
 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 eighteen, through
 December  thirty-first,  two  thousand [eighteen] NINETEEN, 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  eighteen
 through  December  thirty-first,  two  thousand [eighteen] NINETEEN, the
 number of resident commercial crab permits and the number  of  non-resi-
 dent  commercial  crab  permits  shall  not  exceed the following annual
 limits:
   (I) for two thousand eighteen, the number of permits shall be  limited
 to  the  number  of permits issued in two thousand seventeen, plus fifty
 percent of any difference between the number of permits  issued  in  two
 thousand seventeen and five hundred sixty-three[.]; AND
   (II) FOR TWO THOUSAND NINETEEN, THE NUMBER OF PERMITS SHALL BE LIMITED
 TO  THE  NUMBER OF PERMITS ESTABLISHED IN SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH.
   b. for the period  beginning  January  first,  two  thousand  eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, persons
 who  were  issued a commercial crab permit in the previous year shall be
 eligible to be issued such permit.

 S. 7997                             3
 
   c. for the period  beginning  January  first,  two  thousand  eighteen
 through  December  thirty-first,  two  thousand [eighteen] NINETEEN, 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  subdi-
 vision  and the number of such permits issued pursuant to paragraph 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 eighteen
 through December thirty-first, two  thousand  [eighteen]  NINETEEN,  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 eighteen, the number of licenses shall be limited
 to  the  number  of licenses issued in two thousand seventeen plus fifty
 percent of any difference between the number of licenses issued  in  two
 thousand seventeen and two hundred fifty-two[.]; AND
   (II) FOR TWO THOUSAND NINETEEN, THE NUMBER OF LICENSES SHALL BE LIMIT-
 ED  TO  THE  NUMBER  OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH.
   b. for the period  beginning  January  first,  two  thousand  eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, 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 eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, 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

 S. 7997                             4
 
 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 [seventeen] EIGHTEEN through  two  thou-
 sand  [eighteen]  NINETEEN,  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 [seventeen] EIGHTEEN through two thou-
 sand [eighteen] NINETEEN, 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 [seventeen] EIGHTEEN through  two  thou-
 sand  [eighteen] NINETEEN, 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, 2018, 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-S7997A (ACTIVE) - Details

See Assembly Version of this Bill:: A11040
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S2410, A2575

2017-S7997A (ACTIVE) - Summary

Relates to commercial fishing licenses extending the time period such licenses may be issued and setting limits on the number of licenses to be issued.

2017-S7997A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7997A

SPONSOR: BOYLE
 
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 limita-
tions 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 eligibil-
ity requirements.

Section 2 of this bill provides that the bill shall take effect December

3 I , 2018, 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.

 
STATEMENT IN SUPPORT:

Since ECL § 13-0328 was last amended in 2017, the number of commercial
fishing licenses and permits issued has generally continued to decline
as follows:

                               
2015     
2016     
2017
     Resident Food Fish       932       928       924
     Non-Resident Food Fish   41        41        40
     Resident Crab            541       538       537
     Non-Resident Crab        25        26        25
     Resident Lobster         293       280       273
     Non-Resident Lobster     18        18        18
     Resident Whelk           239       241       240
     Non-Resident Whelk       10        11        11
     Party & Charter Boat     488       492       508

This bill would maintain the current license and permit numbers. 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 225 of the Laws of 2017.

 
BUDGET IMPLICATION:
A continuing reduction in the number of commercial fishing licenses and
permits issued by DEC would result in declining revenue to the Marine
Resources Account of the Conservation Fund.

 
EFFECTIVE DATE:
This act would take effect immediately.

2017-S7997A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7997--A
 
                             I N  S E N A T E
 
                              March 16, 2018
                                ___________
 
 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
   --  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 225 of the laws of
 2017, 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 eighteen
 through December thirty-first, two  thousand  [eighteen]  NINETEEN,  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 eighteen, the number of licenses shall be limited
 to  the  number of licenses issued in two thousand seventeen, plus fifty
 percent of any difference between the number of licenses issued  in  two
 thousand seventeen and nine hundred sixty-nine[.]; AND
   (II) FOR TWO THOUSAND NINETEEN, THE NUMBER OF LICENSES SHALL BE LIMIT-
 ED  TO  THE  NUMBER  OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH.
   b. for the period  beginning  January  first,  two  thousand  eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, 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  eighteen
 through  December  thirty-first,  two  thousand [eighteen] NINETEEN, the
 department shall issue commercial food fish licenses to persons who were
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14408-04-8

 S. 7997--A                          2
 
 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 eighteen, through
 December thirty-first, two thousand [eighteen]  NINETEEN,  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 eighteen
 through December thirty-first, two  thousand  [eighteen]  NINETEEN,  the
 number  of  resident commercial crab permits and the number of non-resi-
 dent commercial crab permits  shall  not  exceed  the  following  annual
 limits:
   (I)  for two thousand eighteen, the number of permits shall be limited
 to the number of permits issued in two thousand  seventeen,  plus  fifty
 percent  of  any  difference between the number of permits issued in two
 thousand seventeen and five hundred sixty-three[.]; AND
   (II) FOR TWO THOUSAND NINETEEN, THE NUMBER OF PERMITS SHALL BE LIMITED
 TO THE NUMBER OF PERMITS ESTABLISHED IN SUBPARAGRAPH (I) OF  THIS  PARA-
 GRAPH.
   b.  for  the  period  beginning  January  first, two thousand eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, persons

 S. 7997--A                          3

 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 eighteen
 through December thirty-first, two  thousand  [eighteen]  NINETEEN,  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  subdi-
 vision  and the number of such permits issued pursuant to paragraph 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 eighteen
 through December thirty-first, two  thousand  [eighteen]  NINETEEN,  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 eighteen, the number of licenses shall be limited
 to  the  number  of licenses issued in two thousand seventeen plus fifty
 percent of any difference between the number of licenses issued  in  two
 thousand seventeen and two hundred fifty-two[.]; AND
   (II) FOR TWO THOUSAND NINETEEN, THE NUMBER OF LICENSES SHALL BE LIMIT-
 ED  TO  THE  NUMBER  OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH.
   b. for the period  beginning  January  first,  two  thousand  eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, 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 eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, 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

 S. 7997--A                          4
 
 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 [seventeen] EIGHTEEN through  two  thou-
 sand  [eighteen]  NINETEEN,  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 [seventeen] EIGHTEEN through two thou-
 sand [eighteen] NINETEEN, 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 [seventeen] EIGHTEEN through  two  thou-
 sand  [eighteen] NINETEEN, 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, 2018, 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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Senate Bill S7997A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 20, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 20, 2018

Bill Amendments

2017-S7997 - Details

2017-S7997 - Summary

2017-S7997 - Sponsor Memo

2017-S7997 - Bill Text download pdf

2017-S7997A (ACTIVE) - Details

2017-S7997A (ACTIVE) - Summary

2017-S7997A (ACTIVE) - Sponsor Memo

2017-S7997A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7997A

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S7997 - Details

2017-S7997 - Summary

2017-S7997 - Sponsor Memo

2017-S7997 - Bill Text download pdf

2017-S7997A (ACTIVE) - Details

2017-S7997A (ACTIVE) - Summary

2017-S7997A (ACTIVE) - Sponsor Memo

2017-S7997A (ACTIVE) - Bill Text download pdf

Comments