Provides that where the total number of commercial food fish license, commercial crab permits, commercial whelk and conch licenses, and marine and coastal district party and charter boat license applications from persons who were not issued such license in the previous year exceeds the number of licenses that are available, the department of environmental conservation shall randomly select recipients of the available licenses from among those applications received by the first business day of the applicable license year; provides for a temporary authorization where in the event of a temporary emergency, a licensee or permittee may provide written authorization for a person to temporarily undertake any licensed activities on the licensee's or permittee's behalf; makes related provisions.
S T A T E O F N E W Y O R K
________________________________________________________________________
10574
I N A S S E M B L Y
July 6, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
certain commercial food fish licenses, commercial crab permits,
commercial whelk or conch licenses, marine and coastal district
party and charter boat licenses and certain temporary authorizations
for certain licenses and permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph c of subdivision 1, subpara-
graph (i) of paragraph c of subdivision 3, subparagraph (i) of paragraph
c of subdivision 4 and subparagraph (i) of paragraph c of subdivision 5
of section 13-0328 of the environmental conservation law, as amended by
chapter 656 of the laws of 2021, are amended and a new subdivision 8 is
added to read as follows:
(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,] WHERE THE TOTAL NUMBER OF COMMERCIAL
FOOD FISH LICENSE APPLICATIONS FROM PERSONS WHO WERE NOT ISSUED SUCH
LICENSE IN THE PREVIOUS YEAR EXCEEDS THE NUMBER OF LICENSES THAT ARE
AVAILABLE, THE DEPARTMENT SHALL RANDOMLY SELECT RECIPIENTS OF THE AVAIL-
ABLE LICENSES FROM AMONG THOSE APPLICATIONS RECEIVED BY THE FIRST BUSI-
NESS DAY OF THE APPLICABLE LICENSE YEAR, PROVIDED HOWEVER THAT APPLI-
CANTS SHALL RECEIVE ONE EXTRA ENTRY FOR EACH PREVIOUS YEAR THAT THEY
APPLIED FOR SUCH LICENSE AND WERE NOT SELECTED, AND 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 department prior to other applicants] RECEIVE ONE
EXTRA ENTRY, AND PROVIDED FURTHER THAT THE DEPARTMENT IS AUTHORIZED TO
ADOPT REGULATIONS TO AMEND OR SUPPLEMENT THIS PROCESS FOR ISSUING
COMMERCIAL FOOD FISH LICENSES;
(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,] WHERE THE TOTAL NUMBER OF COMMERCIAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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