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SECTION 13-0328
Commercial licenses; limited entry
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 13-0328. Commercial licenses; limited entry.

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, 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
limited 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
paragraph; 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.

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 through
December thirty-first, two thousand 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 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
department 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,
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 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:

for the period beginning January first, two thousand twenty, through
December thirty-first, two thousand twenty-one, 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, the number of
resident commercial crab permits and the number of non-resident
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
paragraph;

(iii) for two thousand twenty, the number of permits shall be limited
to the number of permits established in subparagraph (i) of this
paragraph; 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.

b. for the period beginning January first, two thousand twenty through
December thirty-first, two thousand twenty-one, 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 through
December thirty-first, two thousand twenty-one, 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 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
department 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
operation 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, 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
limited 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
paragraph; 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.

b. for the period beginning January first, two thousand twenty through
December thirty-first, two thousand twenty-one, 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 through
December thirty-first, two thousand twenty-one, 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
department 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 twenty through two thousand twenty-one,
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 through two thousand twenty-one,
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 through two thousand twenty-one,
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.

6. License or permit reissuance.

a. Notwithstanding the provisions of subdivisions one, two, three and
four of this section, the department may permit reissuance of a license
or permit to a member of the immediate family of the prior holder of
such license or permit; provided that the individual to whom the license
or permit is being reissued is at least sixteen years of age. The
department may permit a license or permit holder to designate in writing
a member of his or her immediate family to whom the license or permit
shall be reissued in the event that the license or permit holder dies
prior to surrendering his or her license or permit to the department.

b. In the event that a designated immediate family member does not
wish to engage in the commercial fishing activities authorized by such
license or permit, the department may permit such person to identify an
alternate person to whom the license or permit shall be reissued. The
department is authorized to adopt regulations concerning the reissuance
of licenses or permits pursuant to this subdivision.

c. The holder of a reissued license or permit shall engage in the
activity authorized by the license or permit within three years of the
reissuance date. If the license or permit holder fails to engage in such
activity during the three years following reissuance, the license or
permit shall lapse at the end of the three year period and shall not be
renewed unless the department, in its discretion, determines that the
license or permit holder's inactivity was justified by significant
hardship or unavoidable circumstances.

d. For purposes of this section, "immediate family" shall include
spouse, sibling, parent, child, grandparent, grandchild, and, in
addition, all persons who are related by blood, marriage or adoption to
the permit holder and domiciled in the house of the license or permit
holder.

7. Commercial license apprenticeship program. The department is
authorized to adopt regulations establishing an apprenticeship program
for persons who wish to obtain a commercial crab permit pursuant to
section 13-0331 of this title, a commercial food fish license pursuant
to section 13-0335 of this title or a commercial whelk (conch) license
pursuant to section 13-0330 of this title. Upon successful completion of
the apprenticeship program, a person shall become eligible to receive a
commercial crab permit, commercial food fish license or a commercial
whelk (conch) license, as applicable, subject to the provisions of
paragraph c of subdivision one, paragraph c of subdivision three, and
paragraph c of subdivision four of this section, respectively.