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.
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.
S T A T E O F N E W Y O R K
________________________________________________________________________
5434
2013-2014 Regular Sessions
I N A S S E M B L Y
February 26, 2013
___________
Introduced by M. of A. THIELE, RAIA -- read once and referred to the
Committee on Environmental Conservation
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 11-0303 of the environmental
2 conservation law, as amended by chapter 87 of the laws of 2011, is
3 amended to read as follows:
4 3. The department may, until December thirty-first, two thousand
5 fifteen, fix by regulation measures for the management of striped bass,
6 including size limits, catch and possession limits, open and closed
7 seasons, closed areas, restrictions on the manner of taking and landing,
8 requirements for permits and eligibility therefor, recordkeeping
9 requirements, requirements on the amount and type of fishing effort and
10 gear, and requirements relating to transportation, possession and sale,
11 provided that such regulations are no less restrictive than requirements
12 set forth in this chapter and provided further that such regulations are
13 consistent with the compliance requirements of applicable fishery
14 management plans adopted by the Atlantic States Marine Fisheries Commis-
15 sion and with applicable provisions of fishery management plans adopted
16 pursuant to the Federal Fishery Conservation and Management Act (16
17 U.S.C. S 1800 et seq.). ANY AND ALL RULES AND REGULATIONS OF THE
18 DEPARTMENT RELATING TO INCOME QUALIFICATIONS FOR THE ISSUANCE OF A FULL
19 QUOTA SHARE STRIPED BASS COMMERCIAL PERMIT SHALL REQUIRE A PERSON TO
20 DEMONSTRATE IN A MANNER ACCEPTABLE TO THE DEPARTMENT THAT SUCH PERSON
21 RECEIVED AN AVERAGE OF AT LEAST TEN THOUSAND DOLLARS OR MORE THAN FIFTY
22 PERCENT OF HIS OR HER ANNUAL EARNED INCOME OVER THREE CONSECUTIVE YEARS
23 FROM THE HARVEST OF MARINE FISH, SHELLFISH, CRUSTACEANS OR OTHER MARINE
24 BIOTA.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09268-01-3
A. 5434 2
1 S 2. Subparagraph (iv) of paragraph c of subdivision 1 of section
2 13-0328 of the environmental conservation law, as amended by chapter 383
3 of the laws of 2011, is amended to read as follows:
4 (iv) licenses shall be issued only to persons who demonstrate in a
5 manner acceptable to the department that they received an average of at
6 least [fifteen] TEN thousand dollars of income over three consecutive
7 years from commercial fishing or fishing, or who successfully complete a
8 commercial food fish apprenticeship pursuant to subdivision seven of
9 this section. As used in this subparagraph, "commercial fishing" means
10 the taking and sale of marine resources including fish, shellfish, crus-
11 tacea or other marine biota and "fishing" means commercial fishing and
12 carrying fishing passengers for hire. Individuals who wish to qualify
13 based on income from "fishing" must hold a valid marine and coastal
14 district party and charter boat license. No more than ten percent of the
15 licenses issued each year based on income eligibility pursuant to this
16 paragraph shall be issued to applicants who qualify based solely upon
17 income derived from operation of or employment by a party or charter
18 boat.
19 S 3. Any and all rules and regulations of the department of environ-
20 mental conservation, relating to income qualifications for the issuance
21 of a full quota share striped bass commercial permit or commercial food
22 fish license, which is not consistent with the provisions of subdivision
23 3 of section 11-0303, as amended by section one of this act, or subpara-
24 graph (iv) of paragraph d of subdivision 1 of section 13-0328 of the
25 environmental conservation law, as amended by section two of this act,
26 shall be null and void.
27 S 4. This act shall take effect immediately.
