NY State Senate Bill 2021-S6996

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
May 21, 2021	referred to environmental conservation

2021-S6996 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L

2021-S6996 (ACTIVE) - Summary

Relates to commercial fishing licenses.

2021-S6996 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6996

SPONSOR: KAMINSKY
 
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 amends 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, 2021, 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.

 
JUSTIFICATION:

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 58 of the Laws of 2020.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Section 2 of this bill provides that the bill shall take effect December
31, 2021, 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.

2021-S6996 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6996
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2021
                                ___________
 
 Introduced by Sen. KAMINSKY -- (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, subdivision 1 as amended by chapter 21
 of the laws of 2019, paragraphs a and b and  the  opening  paragraph  of
 paragraph  c  of  subdivision  1  as  amended  by section 1 of item R of
 subpart A of part XXX of chapter 58 of the laws  of  2020,  subparagraph
 (iv)  of  paragraph  c of subdivision 1 as amended by chapter 490 of the
 laws of 2019, and subdivisions 2, 3, 4 and 5 as amended by section 2  of
 item  R  of subpart A of part XXX of chapter 58 of the laws of 2020, 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-one] TWENTY-TWO, 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;
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09569-01-1

 S. 6996                             2
 
   (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; [and]
   (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.
   b. for the period beginning January first, two thousand twenty through
 December  thirty-first, two thousand twenty-one, 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] TWEN-
 TY-ONE through December thirty-first, two thousand [twenty-one]  TWENTY-
 TWO, 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  (1)  has  received an honorable or general discharge, or (2)
 has a qualifying condition, as defined in section three hundred fifty of
 the executive 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 three hundred fifty of the executive 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:

 S. 6996                             3
 
   for the period beginning January first, two thousand [twenty]  TWENTY-
 ONE,   through   December   thirty-first,   two   thousand  [twenty-one]
 TWENTY-TWO, 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-one] TWENTY-TWO, 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;
   (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; [and]
   (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.
   b. for the period beginning January first, two thousand [twenty] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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

 S. 6996                             4
 
 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-one] TWENTY-TWO, 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; [and]
   (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.
   b. for the period beginning January first, two thousand [twenty] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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

 S. 6996                             5

 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] TWENTY-ONE through two thousand
 [twenty-one]  TWENTY-TWO,  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] TWENTY-ONE through two thousand
 [twenty-one]  TWENTY-TWO,  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] TWENTY-ONE through two thousand
 [twenty-one]  TWENTY-TWO,  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, 2021. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made on or before such date.

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Senate Bill S6996

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2021-S6996 (ACTIVE) - Details

2021-S6996 (ACTIVE) - Summary

2021-S6996 (ACTIVE) - Sponsor Memo

2021-S6996 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2021-S6996 (ACTIVE) - Details

2021-S6996 (ACTIVE) - Summary

2021-S6996 (ACTIVE) - Sponsor Memo

2021-S6996 (ACTIVE) - Bill Text download pdf

Comments