•  Summary 
  •  
  •  Actions 
  •  
  •  Votes 
  •  
  •  Memo 
  •  
  •  Text 

A05434 Summary:

BILL NO    A05434 

SAME AS    No same as 

SPONSOR    Thiele (MS)

COSPNSR    Raia

MLTSPNSR   

Amd SS11-0303 & 13-0328, En Con L

Requires that an applicant for a commercial food fish license get an average of
half of his or her income from commercial fishing or fishing over 3 consecutive
years; reduces the alternative income requirement for such license from $15,000
to $10,000 per year from commercial fishing or fishing.
Go to top

A05434 Memo:

BILL NUMBER:A5434

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the issuance of full quota share striped bass commercial
permits and commercial food fish licenses

PURPOSE OR GENERAL IDEA OF BILL:

Reduces the current income requirements for the issuance of a full
quota share striped bass commercial permit such that applicants will
qualify if they demonstrate that either half or more of their annual
earned income is derived from commercial fishing over three
consecutive years, or an average of at least $10,000 of their annual
earned income is derived from commercial fishing over three
consecutive years.  (Currently, applicants must demonstrate that half
or more of their annual earned income is derived from commercial
fishing over three consecutive years.)

Likewise, the bill decreases the current income qualifications for the
issuance of a commercial food fish license such that applicants must
demonstrate that either half or more of their annual earned income is
derived from commercial fishing over three consecutive years, or an
average of at least $10,000 of annual earned income is derived from
commercial fishing over three consecutive years. (Currently,
applicants must demonstrate that either half of their annual earned
income or an average of at least $15,000 is derived from commercial
fishing over three consecutive years.)

SUMMARY OF SPECIFIC PROVISIONS:

Section 1.Amends subdivision 3 of Section 11-0303 of the Environmental
Conservation Law, as amended by Chapter 87 of the Laws of 2011, to
require that any and all rules and regulations of the Department of
Environmental Conservation relating to income qualifications for the
issuance of a full quota share striped bass commercial permit shall
require a person to demonstrate in a manner acceptable to the
Department that such person received an average of at least $10,000 or
more than 50% of his or her annual earned income over three
consecutive years from commercial fishing.

Section 2. Amends subparagraph (iv) of paragraph c of subdivision 1 of
Section 13-0328 of the Environmental Conservation Law, as amended by
Chapter 383 of the Laws of 2011, to require that commercial food fish
licenses shall only be issued to persons who demonstrate to the DEC
that either half or more of their annual earned income is derived from
commercial fishing over three consecutive years, or an average of at
least $10,000 (rather than $15,000) of annual earned income is derived
from commercial fishing over three consecutive years.

Section 3. Provides that all DEC rules and regulations relating to
income qualifications for the issuance of a full quota share striped
bass commercial permit or a commercial food fish license, which are
not consistent with the provisions of section one and two of this act,
shall be null and void.

Section 4. Immediate effective date.


JUSTIFICATION:

Commercial fisherman have traditionally supported the notion that
commercial fishing licenses and permits for various types of food
fish, including striped bass, should be given to those fishermen who
can demonstrate that 50% of their income is derived from the sale of
seafood. However, with the adoption of harvest quotas for almost all
important food fish, and special circumstances such as the kill-off of
scallops following the brown algae bloom off of Long Island (scallop
populations have not returned to former levels), it is now rare for a
commercial fisherman to make 50% of his/her income from the sale of
fish. Indeed, most commercial fishermen have to supplement their
incomes with work off the water.

This bill would set more realistic guidelines for the issuance of full
quota share striped bass commercial permits and commercial food
fishing licenses and permits by allowing applicants to demonstrate
that they derive either 50% of their earned income from commercial
fishing over three consecutive years, or they derive an average of at
least $10,000 of annual earned income from commercial fishing over
three consecutive years.

PRIOR LEGISLATIVE HISTORY:

2011-12: A.8063
2009-10: A.4067
2007-08: A.2803
2005-06: A.11072-A

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Effective immediately.
Go to top
Page display time = 0.1009 sec