S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10193
 
                           I N  A S S E M B L Y
 
                                May 5, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
   --  read once and referred to the Committee on Environmental Conserva-
   tion
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   commercial food fish 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 656 of the laws of
 2021,  subparagraph (iv) of paragraph (c) of subdivision 1 as amended by
 section 53 of part PP of chapter 56 of the laws of 2022, 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  [twenty-two]  TWENTY-THREE,
 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 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;
   (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;
   (iii) for two thousand twenty, the number of licenses shall be limited
 to the number of licenses established in subparagraph (i) of this  para-
 graph;
   (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; [and]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15717-01-2
              

 A. 10193                            2
 
   (v)  for  two  thousand  twenty-two,  the  number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; AND
   (VI)  FOR  TWO  THOUSAND TWENTY-THREE, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF THE
 PARAGRAPH.
   b. for the period beginning January first, two  thousand  [twenty-one]
 TWENTY-TWO  through  December  thirty-first,  two  thousand [twenty-two]
 TWENTY-THREE, 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 [twenty-one]
 TWENTY-TWO through  December  thirty-first,  two  thousand  [twenty-two]
 TWENTY-THREE,  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  estab-
 lished  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 (1) has received an honorable or general  discharge,  or  (2)
 has  a  qualifying condition, as defined in section one of the veteran's
 services law, and has received a discharge other  than  bad  conduct  or
 dishonorable  from such service, or (3) is a discharged LGBT veteran, as
 defined in section one of the veteran's services law, and has received a
 discharge other than bad conduct  or  dishonorable  from  such  service,
 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 [twenty-one]
 TWENTY-TWO, through December  thirty-first,  two  thousand  [twenty-two]
 A. 10193                            3
 
 TWENTY-THREE,  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 [twenty-two] TWENTY-THREE,
 the number of resident commercial crab permits and the number of non-re-
 sident 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;
   (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;
   (iii)  for two thousand twenty, the number of permits shall be limited
 to the number of permits established in subparagraph (i) of  this  para-
 graph;
   (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; [and]
   (v)  for  two  thousand  twenty-two,  the  number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; AND
   (VI)  FOR  TWO  THOUSAND TWENTY-THREE, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF THE
 PARAGRAPH.
   b. for the period beginning January  first,  two  thousand  twenty-one
 through  December  thirty-first, two thousand [twenty-two] TWENTY-THREE,
 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 [twenty-one]
 TWENTY-TWO through  December  thirty-first,  two  thousand  [twenty-two]
 TWENTY-THREE,  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 para-
 graph a of this subdivision and the number of such permits issued pursu-
 ant 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
 A. 10193                            4
 
 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  [twenty-two]  TWENTY-THREE,
 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;
   (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;
   (iii) for two thousand twenty, the number of licenses shall be limited
 to  the number of licenses established in subparagraph (i) of this para-
 graph;
   (iv) for two thousand twenty-one, the  number  of  licenses  shall  be
 limited  to  the  number  of licenses established in subparagraph (i) of
 this paragraph; [and]
   (v) for two thousand twenty-two,  the  number  of  licenses  shall  be
 limited  to  the  number  of licenses established in subparagraph (i) of
 this paragraph; AND
   (VI) FOR TWO THOUSAND TWENTY-THREE, THE NUMBER OF  LICENSES  SHALL  BE
 LIMITED  TO  THE  NUMBER  OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF
 THIS PARAGRAPH.
   b. for the period beginning January first, two  thousand  [twenty-one]
 TWENTY-TWO  through  December  thirty-first,  two  thousand [twenty-two]
 TWENTY-THREE, 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  [twenty-one]
 TWENTY-TWO  through  December  thirty-first,  two  thousand [twenty-two]
 TWENTY-THREE, 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  estab-
 lished  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;
 A. 10193                            5
 
   (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  [twenty-one]  TWENTY-TWO  through  two
 thousand  [twenty-two]  TWENTY-THREE,  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  [twenty-one]  TWENTY-TWO  through  two
 thousand [twenty-two] TWENTY-THREE, 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  [twenty-one]  TWENTY-TWO  through  two
 thousand  [twenty-two]  TWENTY-THREE,  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 immediately;  provided,  however,  the
 amendments  to  subparagraph  (iv)  of paragraph (c) of subdivision 1 of
 section 13-0328 of the environmental conservation law  made  by  section
 one  of  this  act  shall  take  effect on the same date and in the same
 manner as section 53 of part PP of chapter 56 of the laws of 2022, takes
 effect.