S T A T E O F N E W Y O R K
________________________________________________________________________
7558
2021-2022 Regular Sessions
I N A S S E M B L Y
May 13, 2021
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Introduced by 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
establishing a marine fisheries licensing task force; and providing
for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative Findings. New York state's commercial fishing
industry is an important sector of the New York state economy. The New
York state commercial fishing industry generates more than $40 million
in revenue. New York state is fifth in the nation in terms of jobs and
sales generated by the seafood industry.
The contribution of the commercial fishing industry to the state's
economy has been hindered by an outdated and antiquated licensing proce-
dure which has failed to address the current needs of the commercial
fishing industry. The current law has been extended largely unchanged
for decades. This statute is archaic and has worked to unnecessarily
injure the commercial fishing in New York state. It has been a major
culprit thwarting the growth of this vital part of the New York state
economy.
The adverse impact has been recognized by the department of environ-
mental conservation. In 2017, the department requested a 3 year exten-
sion of New York state's limited entry, commercial fishing licensing
law. The legislature objected to the 3 year extension because of the
adverse impact the law was having on the commercial fishing industry.
The legislature recognized that action to reform the commercial fishing
licensing statute needed to be taken with all deliberate speed. Conse-
quently, only a 1 year extension was granted through 2018.
As part of the enactment of the 1 year extension, the department
agreed to meet with the commercial fishing industry to discuss licensing
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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A. 7558 2
reform. That meeting took place in the fall of 2017. At that time, the
department agreed to undertake a review of the licensing law.
In spring 2018, a consultant was hired by the department to assist
with the review. In the summer of 2018, public meetings were held with
the commercial fishing industry throughout the marine district to get
the industry's input on licensing reform. In 2019 with this report still
pending, the state legislature agreed to extend the current law for 2
additional years through the end of 2020, to permit the completion of
the department's report on licensing reform. In July 2019, the draft
report was finally issued. In August, public meetings were conducted to
present the report.
However, to date, no final report has been issued by the department.
By chapter 58 of the laws of 2020, the current commercial fishing
licensing statute was again extended for another year.
It is now imperative that after almost four years of review that
legislative action be taken to reform and modernize the commercial fish-
ing licensing law with the input of the commercial fishing industry. It
is the purpose of this law to establish a task force from members of the
industry under the department to finish this review and make recommenda-
tions to the legislature for enactment.
This act will utilize the work already accomplished regarding commer-
cial fishing licensing and finalize recommendations for action by the
legislature.
§ 2. The environmental conservation law is amended by adding a new
section 13-0328-a to read as follows:
§ 13-0328-A. MARINE FISHERIES LICENSING TASK FORCE.
1. CREATION OF MARINE FISHERIES LICENSING TASK FORCE. A. THERE IS
HEREBY CREATED WITHIN THE DEPARTMENT A MARINE FISHERIES LICENSING TASK
FORCE TO MAKE RECOMMENDATIONS FOR PROPOSED LAWS AND REGULATIONS FOR
COMMERCIAL LICENSING OF THE MARINE FISHERIES. SUCH TASK FORCE SHALL BE
COMPOSED OF THIRTEEN MEMBERS NONE OF WHOM SHALL BE EMPLOYEES OF THE
DEPARTMENT. THREE COUNCIL MEMBERS REPRESENTATIVE OF COMMERCIAL USERS OF
MARINE RESOURCES SHALL BE DESIGNATED BY THE MAJORITY LEADER OF THE
SENATE AND THREE COUNCIL MEMBERS REPRESENTATIVE OF COMMERCIAL USERS OF
MARINE RESOURCES SHALL BE DESIGNATED BY THE SPEAKER OF THE ASSEMBLY.
SIX COUNCIL MEMBERS REPRESENTATIVE OF COMMERCIAL USERS OF MARINE
RESOURCES SHALL BE DESIGNATED BY THE GOVERNOR. ONE MEMBER WILL BE THE
DIRECTOR OF THE MARINE SCIENCES RESEARCH CENTER AT SUNY STONY BROOK OR
THE DIRECTOR'S DESIGNEE, WHO SHALL ACT AS CHAIR.
B. OF THE MEMBERS APPOINTED, ALL SHALL BE RESIDENTS OF A COUNTY WHICH
BORDERS THE MARINE AND COASTAL DISTRICT. THE COUNCIL SHALL BE REPRESEN-
TATIVE OF INDIVIDUAL AND ORGANIZED COMMERCIAL SHELLFISHING AND FINFISH-
ING INTERESTS IN THE STATE. APPOINTMENTS TO THE TASK FORCE SHALL BE MADE
NO LATER THAN THIRTY DAYS AFTER THE DATE ON WHICH THIS SECTION SHALL
HAVE BECOME A LAW. PERSONS DESIGNATED OR APPOINTED TO THE ADVISORY COUN-
CIL SHALL HAVE DEMONSTRATED A LONG-STANDING INTEREST, KNOWLEDGE AND
EXPERIENCE IN COMMERCIAL OR RECREATIONAL HARVESTING OF MARINE RESOURCES.
2. REPORT. THE TASK FORCE SHALL MAKE A REPORT TO THE LEGISLATURE AND
GOVERNOR RECOMMENDING LEGISLATIVE AND REGULATORY REFORM OF THE COMMER-
CIAL FISHING LICENSING, NO LATER THAN APRIL 1, 2022. SUCH REPORT SHALL
INCLUDE SPECIFIC LEGISLATION AND REGULATIONS, IF NECESSARY, TO IMPLEMENT
THE REPORT.
3. MEETING. THE TASK FORCE SHALL MEET PUBLICLY A MINIMUM OF FOUR TIMES
BEFORE ADOPTING A REPORT.
4. ISSUES. THE TASK FORCE SHALL CONSIDER, BUT SHALL NOT BE LIMITED TO,
THE FOLLOWING ISSUES IN MAKING ITS REPORT:
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A. ESTABLISHMENT OF GOALS FOR LICENSING REFORMS;
B. THE DEFINITION OF A COMMERCIAL FISHERMAN;
C. ACCESS TO THE MARINE FISHERIES;
D. THE NUMBER OF COMMERCIAL LICENSES REQUIRED TO SUSTAIN THE RESOURCE
AND THE COMMERCIAL FISHING INDUSTRY;
E. LATENT LICENSES, INCLUDING THE BUYBACK OF SUCH LICENSES;
F. LICENSE QUALIFICATIONS;
G. LICENSE TRANSFERS;
H. LICENSE SELECTION PROCESS;
I. NEW ENTRANTS TO THE MARINE FISHERIES;
J. MEDICAL WAIVERS;
K. LICENSE FEES;
L. APPRENTICESHIP PROGRAMS; AND
M. FUNDING TO IMPLEMENT LICENSING REFORMS.
5. STATE ASSISTANCE. THE COMMISSIONER SHALL MAKE ANY AND ALL DOCUMENTS
READILY AVAILABLE TO THE TASK FORCE WHICH THE TASK FORCE INDICATES ARE
NEEDED TO PROPERLY AND THOROUGHLY CARRY OUT ITS RESPONSIBILITIES. THE
COMMISSIONER SHALL ALSO MAKE AVAILABLE TO THE TASK FORCE SUCH AID
REASONABLY NECESSARY TO ALLOW THE TASK FORCE TO CARRY OUT ITS DUTIES AND
RESPONSIBILITIES.
§ 3. Severability. If any provision of this act or the application
thereof shall for any reason be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder of this act, but shall be confined in its oper-
ation to the provision thereof directly involved in the controversy in
which such judgment shall have been rendered.
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2022.