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A08279 Summary:

BILL NOA08279A
 
SAME ASSAME AS S05747-A
 
SPONSOREnglebright
 
COSPNSR
 
MLTSPNSR
 
Amd §13-0328, En Con L
 
Extends the authorization of the department of environmental conservation to issue commercial fishing licenses in certain numbers until 2018.
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A08279 Actions:

BILL NOA08279A
 
06/05/2017referred to environmental conservation
06/07/2017reported referred to rules
06/14/2017amend and recommit to rules 8279a
06/15/2017reported
06/15/2017rules report cal.423
06/15/2017ordered to third reading rules cal.423
06/19/2017passed assembly
06/19/2017delivered to senate
06/19/2017REFERRED TO RULES
06/21/2017SUBSTITUTED FOR S5747A
06/21/20173RD READING CAL.2131
06/21/2017PASSED SENATE
06/21/2017RETURNED TO ASSEMBLY
08/09/2017delivered to governor
08/21/2017signed chap.225
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A08279 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:06/07/2017AYE/NAY:26/4 Action: Favorable refer to committee Rules
EnglebrightAyeStecAye
GlickAyeButlerAye
ColtonAyeRaiaNay
CymbrowitzAyeLopezAye
LiftonAyePalumboNay
O'DonnellAyeMiller MLAye
Peoples-StokesAyeMiller B Aye
GuntherAyeGarbarinoNay
JaffeeAye
KavanaghAye
TitoneAye
CrespoAye
ThieleNay
AbinantiAye
RyanAye
FahyAye
RozicAye
OtisAye
WilliamsAye
BarrettAye
D'UrsoAye
CarrollAye

RULES Chair:Heastie DATE:06/15/2017AYE/NAY:30/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
FarrellAyeCrouchAye
GanttAyeFinchAye
NolanAyeBarclayAye
WeinsteinAyeRaiaAye
HooperAyeHawleyAye
OrtizAye
PretlowAye
CookExcused
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye

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A08279 Floor Votes:

DATE:06/19/2017Assembly Vote  YEA/NAY: 144/0
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
ER
O'Donnell
Yes
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simanowitz
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Simotas
Yes
Barclay
ER
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Skoufis
Yes
Barrett
Yes
DenDekker
ER
Hevesi
Yes
Malliotakis
Yes
Pellegrino
Yes
Solages
Yes
Barron
ER
Dickens
Yes
Hikind
Yes
Mayer
Yes
Peoples-Stokes
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Perry
Yes
Steck
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pheffer Amato
Yes
Stirpe
Yes
Blake
Yes
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pichardo
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
ER
McLaughlin
Yes
Pretlow
Yes
Titone
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Quart
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Ra
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Raia
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Ramos
Yes
Wallace
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Richardson
Yes
Walsh
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rivera
Yes
Walter
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
ER
Rodriguez
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rosenthal
Yes
Weprin
Yes
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Rozic
Yes
Williams
Yes
Castorina
Yes
Garbarino
Yes
Lalor
Yes
Niou
Yes
Ryan
Yes
Woerner
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A08279 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8279--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 5, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Environmental Conservation -- reported  and  referred  to
          the  Committee  on  Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
 
        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:
 
     1    Section 1. Subdivisions 1, 2, 3, 4 and 5 of  section  13-0328  of  the
     2  environmental conservation law, as amended by chapter 212 of the laws of
     3  2015,  subparagraph  (iv)  of paragraph c of subdivision 1 as separately
     4  amended by chapter 484 of the laws of  2015,  are  amended  to  read  as
     5  follows:
     6    1.  Commercial  food  fish  licenses.  Commercial  food  fish licenses
     7  provided for by section  13-0335  of  this  title  shall  be  issued  as
     8  follows:
     9    a.  for  the  period  beginning  January first, two thousand [sixteen]
    10  eighteen through December thirty-first, two thousand  [seventeen]  eigh-
    11  teen,  the  number  of  resident  commercial  food fish licenses and the
    12  number of non-resident commercial food fish licenses  shall  not  exceed
    13  the following annual limits:
    14    [(i)]  for  two  thousand  [sixteen]  eighteen, the number of licenses
    15  shall be limited to the  number  of  licenses  issued  in  two  thousand
    16  [fifteen]  seventeen,  plus  fifty percent of any difference between the
    17  number of licenses issued in two thousand [fifteen] seventeen  and  [one
    18  thousand four] nine hundred sixty-nine[; and
    19    (ii)  for  two  thousand  seventeen,  the  number of licenses shall be
    20  limited to the number of licenses issued in two thousand  sixteen,  plus
    21  fifty percent of any difference between the number of licenses issued in
    22  two  thousand  sixteen  and the limit established in subparagraph (i) of
    23  this paragraph].
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09925-02-7

        A. 8279--A                          2
 
     1    b. for the period beginning  January  first,  two  thousand  [sixteen]
     2  eighteen  through  December thirty-first, two thousand [seventeen] eigh-
     3  teen, persons who were issued a commercial  food  fish  license  in  the
     4  previous year shall be eligible to be issued such license.
     5    c.  for  the  period  beginning  January first, two thousand [sixteen]
     6  eighteen through December thirty-first, two thousand  [seventeen]  eigh-
     7  teen,  the  department  shall  issue  commercial  food  fish licenses to
     8  persons who were not issued such license in the previous  year  provided
     9  that  the  total number of such licenses issued to such persons does not
    10  exceed the difference between the  number  of  licenses  established  in
    11  paragraph  a  of this subdivision and the number of such licenses issued
    12  pursuant to paragraph b of this subdivision, subject to the following:
    13    (i) licenses shall be issued in the order in  which  the  applications
    14  were  received,  except that where multiple applications are received by
    15  the department on the same day, applicants for whom the  department  has
    16  received  notice  of successful completion of an apprenticeship pursuant
    17  to subdivision seven of this section shall be considered by the  depart-
    18  ment prior to other applicants;
    19    (ii) licenses may be issued to individuals only;
    20    (iii)  licenses shall be issued to applicants who are sixteen years of
    21  age or older at the time of the application; and
    22    (iv) licenses shall be issued only to persons  who  demonstrate  in  a
    23  manner  acceptable to the department that they received an average of at
    24  least fifteen thousand dollars of income over  three  consecutive  years
    25  from  commercial  fishing  or  fishing,  or  who successfully complete a
    26  commercial food fish apprenticeship pursuant  to  subdivision  seven  of
    27  this  section.  As used in this subparagraph, "commercial fishing" means
    28  the taking and sale of marine resources including fish, shellfish, crus-
    29  tacea or other marine biota and "fishing" means commercial  fishing  and
    30  carrying  fishing  passengers  for hire. Individuals who wish to qualify
    31  based on income from "fishing" must hold  a  valid  marine  and  coastal
    32  district party and charter boat license. No more than ten percent of the
    33  licenses  issued  each year based on income eligibility pursuant to this
    34  paragraph shall be issued to applicants who qualify  based  solely  upon
    35  income  derived  from  operation  of or employment by a party or charter
    36  boat. For the income evaluation of this subdivision, the department  may
    37  consider  persons  who would otherwise be eligible but for having served
    38  in the United States armed forces on active  duty,  provided  that  such
    39  individual  has received an honorable or general discharge, shall not be
    40  deemed ineligible.
    41    2. Commercial lobster permits. Commercial lobster permits provided for
    42  by section 13-0329 of this title shall be issued as follows:
    43    for the period beginning January first, two thousand  [sixteen]  eigh-
    44  teen,  through December thirty-first, two thousand [seventeen] eighteen,
    45  only persons who were issued a commercial lobster permit in the previous
    46  year shall be eligible to be issued such permit.
    47    3. Commercial crab permits. Commercial crab permits  provided  for  by
    48  section 13-0331 of this title shall be issued as follows:
    49    a.  for  the  period  beginning  January first, two thousand [sixteen]
    50  eighteen through December thirty-first, two thousand  [seventeen]  eigh-
    51  teen,  the  number of resident commercial crab permits and the number of
    52  non-resident commercial crab permits  shall  not  exceed  the  following
    53  annual limits:
    54    [(i)] for two thousand [sixteen] eighteen, the number of permits shall
    55  be  limited  to  the  number of permits issued in two thousand [fifteen]
    56  seventeen, plus fifty percent of any difference between  the  number  of

        A. 8279--A                          3
 
     1  permits  issued  in  two  thousand  [fifteen] seventeen and five hundred
     2  [eighty-two] sixty-three[; and
     3    (ii) for two thousand seventeen, the number of permits shall be limit-
     4  ed  to  the number of permits issued in two thousand sixteen, plus fifty
     5  percent of any difference between the number of permits  issued  in  two
     6  thousand  sixteen  and the limit established in subparagraph (i) of this
     7  paragraph].
     8    b. for the period beginning  January  first,  two  thousand  [sixteen]
     9  eighteen  through  December thirty-first, two thousand [seventeen] eigh-
    10  teen, persons who were issued a commercial crab permit in  the  previous
    11  year shall be eligible to be issued such permit.
    12    c.  for  the  period  beginning  January first, two thousand [sixteen]
    13  eighteen through December thirty-first, two thousand  [seventeen]  eigh-
    14  teen,  the department shall issue commercial crab permits to persons who
    15  were not issued such permit in the previous year provided that the total
    16  number of such permits issued  to  such  persons  does  not  exceed  the
    17  difference  between  the number of permits established in paragraph a of
    18  this subdivision and the number of such permits issued pursuant to para-
    19  graph b of this subdivision, subject to the following:
    20    (i) permits shall be issued in the order  in  which  the  applications
    21  were  received,  except that where multiple applications are received by
    22  the department on the same day, applicants for whom the  department  has
    23  received  notice  of successful completion of an apprenticeship pursuant
    24  to subdivision seven of this section shall be considered by the  depart-
    25  ment prior to other applicants;
    26    (ii) permits may be issued to individuals only;
    27    (iii)  permits  shall be issued to applicants who are sixteen years of
    28  age or older at the time of the application; and
    29    (iv) permits shall be issued only to  persons  who  demonstrate  in  a
    30  manner  acceptable to the department that they received an average of at
    31  least fifteen thousand dollars of income over  three  consecutive  years
    32  from  commercial  fishing  or  fishing,  or who successfully complete an
    33  apprenticeship pursuant to subdivision seven of this section. As used in
    34  this subparagraph, "commercial fishing" means the  taking  and  sale  of
    35  marine  resources  including  fish, shellfish, crustacea or other marine
    36  biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
    37  passengers  for  hire.  Individuals  who wish to qualify based on income
    38  from "fishing" must hold a valid marine and coastal district  party  and
    39  charter  boat  license.  No  more than ten percent of the permits issued
    40  each year based on income eligibility pursuant to this  paragraph  shall
    41  be issued to applicants who qualify based upon income derived from oper-
    42  ation of or employment by a party or charter boat.
    43    4.  Commercial  whelk  or  conch  licenses.  Commercial whelk or conch
    44  licenses provided for by section 13-0330 of this title shall  be  issued
    45  as follows:
    46    a.  for  the  period  beginning  January first, two thousand [sixteen]
    47  eighteen through December thirty-first, two thousand  [seventeen]  eigh-
    48  teen,  the number of resident commercial whelk or conch licenses and the
    49  number of non-resident commercial whelk  or  conch  licenses  shall  not
    50  exceed the following annual limits:
    51    [(i)]  for  two  thousand  [sixteen]  eighteen, the number of licenses
    52  shall be limited to the  number  of  licenses  issued  in  two  thousand
    53  [fifteen]  seventeen  plus  fifty  percent of any difference between the
    54  number of licenses issued in two thousand [fifteen]  seventeen  and  two
    55  hundred [sixty-one] fifty-two[; and

        A. 8279--A                          4

     1    (ii)  for  two  thousand  seventeen,  the  number of licenses shall be
     2  limited to the number of licenses issued in two thousand  sixteen,  plus
     3  fifty percent of any difference between the number of licenses issued in
     4  two  thousand  sixteen  and the limit established in subparagraph (i) of
     5  this paragraph].
     6    b.  for  the  period  beginning  January first, two thousand [sixteen]
     7  eighteen through December thirty-first, two thousand  [seventeen]  eigh-
     8  teen, persons who were issued a commercial whelk or conch license in the
     9  previous year shall be eligible to be issued such license.
    10    c.  for  the  period  beginning  January first, two thousand [sixteen]
    11  eighteen through December thirty-first, two thousand  [seventeen]  eigh-
    12  teen, persons who were not issued a commercial whelk or conch license in
    13  the  previous  year shall be eligible to be issued such license provided
    14  that the total number of such licenses issued to such persons shall  not
    15  exceed  the  difference  between  the  number of licenses established in
    16  paragraph a of this subdivision and the number of such  licenses  issued
    17  pursuant to paragraph b of this subdivision, subject to the following:
    18    (i)  licenses  shall  be issued in the order in which the applications
    19  were received, except that where multiple applications are  received  by
    20  the  department  on the same day, applicants for whom the department has
    21  received notice of successful completion of an  apprenticeship  pursuant
    22  to  subdivision seven of this section shall be considered by the depart-
    23  ment prior to other applicants;
    24    (ii) licenses may be issued to individuals only;
    25    (iii) licenses shall be issued to applicants who are sixteen years  of
    26  age or older at the time of the application; and
    27    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
    28  manner acceptable to the department that they received an average of  at
    29  least  fifteen  thousand  dollars of income over three consecutive years
    30  from commercial fishing or fishing,  or  who  successfully  complete  an
    31  apprenticeship pursuant to subdivision seven of this section. As used in
    32  this  subparagraph,  "commercial  fishing"  means the taking and sale of
    33  marine resources including fish, shellfish, crustacea  or  other  marine
    34  biota  and  "fishing"  means  commercial  fishing  and  carrying fishing
    35  passengers for hire. Individuals who wish to  qualify  based  on  income
    36  from  "fishing"  must hold a valid marine and coastal district party and
    37  charter boat license. No more than ten percent of  the  licenses  issued
    38  each  year  pursuant to this paragraph shall be issued to applicants who
    39  qualify based upon income derived from operation of or employment  by  a
    40  party or charter boat.
    41    5. Marine and coastal district party and charter boat licenses. Marine
    42  and  coastal  district  party  and charter boat licenses provided for by
    43  section 13-0336 of this title shall be issued as  follows,  except  that
    44  this  subdivision  shall  not  apply to the owner or operator of a party
    45  boat or charter boat whose vessel is classified  by  the  United  States
    46  Coast  Guard  as  an Inspected Passenger Vessel and which is licensed to
    47  carry more than six passengers:
    48    a. for the years two thousand [sixteen] seventeen through two thousand
    49  [seventeen] eighteen, the annual number of marine and  coastal  district
    50  party  and  charter  boat  licenses issued shall not exceed five hundred
    51  seventeen.
    52    b. for the years two thousand [sixteen] seventeen through two thousand
    53  [seventeen] eighteen, persons who  were  issued  a  marine  and  coastal
    54  district  party  and  charter boat license in the previous year shall be
    55  eligible to be issued such license.

        A. 8279--A                          5
 
     1    c. for the years two thousand [sixteen] seventeen through two thousand
     2  [seventeen] eighteen, the department  shall  issue  marine  and  coastal
     3  district  party and charter boat licenses to persons who were not issued
     4  such license in the previous year, provided that  the  total  number  of
     5  licenses  issued  does not exceed five hundred seventeen, subject to the
     6  following:
     7    (i) licenses shall be issued in the order in  which  the  applications
     8  were received;
     9    (ii)  licenses shall be issued only to persons who hold an Uninspected
    10  Passenger Vessel license issued by the United States Coast Guard.
    11    § 2. This act shall take effect December 31, 2017, provided  that  any
    12  regulations necessary for the timely implementation of the provisions of
    13  this  act  on  its  effective  date may be promulgated on or before such
    14  date.
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