- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A08279 Summary:
BILL NO | A08279A |
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SAME AS | SAME AS S05747-A |
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SPONSOR | Englebright |
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COSPNSR | |
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MLTSPNSR | |
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Amd §13-0328, En Con L | |
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Extends the authorization of the department of environmental conservation to issue commercial fishing licenses in certain numbers until 2018. |
A08279 Actions:
BILL NO | A08279A | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/05/2017 | referred to environmental conservation | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2017 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2017 | amend and recommit to rules 8279a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2017 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2017 | rules report cal.423 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2017 | ordered to third reading rules cal.423 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2017 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2017 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2017 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2017 | SUBSTITUTED FOR S5747A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2017 | 3RD READING CAL.2131 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2017 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2017 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
08/09/2017 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
08/21/2017 | signed chap.225 |
A08279 Committee Votes:
Englebright | Aye | Stec | Aye | ||||||
Glick | Aye | Butler | Aye | ||||||
Colton | Aye | Raia | Nay | ||||||
Cymbrowitz | Aye | Lopez | Aye | ||||||
Lifton | Aye | Palumbo | Nay | ||||||
O'Donnell | Aye | Miller ML | Aye | ||||||
Peoples-Stokes | Aye | Miller B | Aye | ||||||
Gunther | Aye | Garbarino | Nay | ||||||
Jaffee | Aye | ||||||||
Kavanagh | Aye | ||||||||
Titone | Aye | ||||||||
Crespo | Aye | ||||||||
Thiele | Nay | ||||||||
Abinanti | Aye | ||||||||
Ryan | Aye | ||||||||
Fahy | Aye | ||||||||
Rozic | Aye | ||||||||
Otis | Aye | ||||||||
Williams | Aye | ||||||||
Barrett | Aye | ||||||||
D'Urso | Aye | ||||||||
Carroll | Aye | ||||||||
Heastie | Aye | Kolb | Aye | ||||||
Gottfried | Aye | Oaks | Aye | ||||||
Lentol | Aye | Butler | Aye | ||||||
Farrell | Aye | Crouch | Aye | ||||||
Gantt | Aye | Finch | Aye | ||||||
Nolan | Aye | Barclay | Aye | ||||||
Weinstein | Aye | Raia | Aye | ||||||
Hooper | Aye | Hawley | Aye | ||||||
Ortiz | Aye | ||||||||
Pretlow | Aye | ||||||||
Cook | Excused | ||||||||
Glick | Aye | ||||||||
Morelle | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Galef | Aye | ||||||||
Paulin | Aye | ||||||||
Titus | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Go to top
A08279 Floor Votes:
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
A08279 Text:
Go to top 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 [one18thousand four] nine hundred sixty-nine[; and19(ii) for two thousand seventeen, the number of licenses shall be20limited to the number of licenses issued in two thousand sixteen, plus21fifty percent of any difference between the number of licenses issued in22two thousand sixteen and the limit established in subparagraph (i) of23this paragraph]. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09925-02-7A. 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 ofA. 8279--A 3 1 permits issued in two thousand [fifteen] seventeen and five hundred 2 [eighty-two] sixty-three[; and3(ii) for two thousand seventeen, the number of permits shall be limit-4ed to the number of permits issued in two thousand sixteen, plus fifty5percent of any difference between the number of permits issued in two6thousand sixteen and the limit established in subparagraph (i) of this7paragraph]. 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[; andA. 8279--A 4 1(ii) for two thousand seventeen, the number of licenses shall be2limited to the number of licenses issued in two thousand sixteen, plus3fifty percent of any difference between the number of licenses issued in4two thousand sixteen and the limit established in subparagraph (i) of5this 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.