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A02575 Summary:

A02575 Actions:

A02575 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:01/29/2019AYE/NAY:29/0  Action: Favorable         
Englebright
Aye
Stec
Aye
Glick
Aye
Raia
Aye
Colton
Aye
Palumbo
Aye
Cymbrowitz
Aye
Miller ML
Aye
Lifton
Aye
Miller B 
Aye
O'Donnell
Aye
Tague
Aye
Gunther
Aye
LiPetri
Aye
Jaffee
Aye
Smullen
Aye
Crespo
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Aye
Fahy
Aye
Otis
Aye
Williams
Aye
Barrett
Aye
D'Urso
Aye
Carroll
Aye
Burke
Excused
Griffin
Aye
Romeo
Aye
Epstein
Aye

A02575 Floor Votes:

A02575 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2575
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Environmental Conservation
 
        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 225 of the laws of
     3  2017, are amended to read as follows:
     4    1.  Commercial  food  fish  licenses.  Commercial  food  fish licenses
     5  provided for by section  13-0335  of  this  title  shall  be  issued  as
     6  follows:
     7    a.  for  the  period  beginning  January  first, two thousand eighteen
     8  through December  thirty-first,  two  thousand  [eighteen]  twenty,  the
     9  number  of resident commercial food fish licenses and the number of non-
    10  resident commercial food fish licenses shall not  exceed  the  following
    11  annual limits:
    12    (i) for two thousand eighteen, the number of licenses shall be limited
    13  to  the  number of licenses issued in two thousand seventeen, plus fifty
    14  percent of any difference between the number of licenses issued  in  two
    15  thousand seventeen and nine hundred sixty-nine[.];
    16    (ii) for two thousand nineteen, the number of licenses shall be limit-
    17  ed  to  the  number  of licenses established in subparagraph (i) of this
    18  paragraph; and
    19    (iii) for two thousand twenty, the number of licenses shall be limited
    20  to the number of licenses established in subparagraph (i) of this  para-
    21  graph.
    22    b.  for  the  period  beginning January first, two thousand [eighteen]
    23  nineteen through December thirty-first, two thousand [eighteen]  twenty,
    24  persons  who  were issued a commercial food fish license in the previous
    25  year shall be eligible to be issued such license.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08720-02-9
        A. 2575                             2
 
     1    c. for the period beginning January  first,  two  thousand  [eighteen]
     2  nineteen  through December thirty-first, two thousand [eighteen] twenty,
     3  the department shall issue commercial food fish licenses to persons  who
     4  were  not  issued  such  license  in the previous year provided that the
     5  total number of such licenses issued to such persons does not exceed the
     6  difference  between the number of licenses established in paragraph a of
     7  this subdivision and the number of  such  licenses  issued  pursuant  to
     8  paragraph b of this subdivision, subject to the following:
     9    (i)  licenses  shall  be issued in the order in which the applications
    10  were received, except that where multiple applications are  received  by
    11  the  department  on the same day, applicants for whom the department has
    12  received notice of successful completion of an  apprenticeship  pursuant
    13  to  subdivision seven of this section shall be considered by the depart-
    14  ment prior to other applicants;
    15    (ii) licenses may be issued to individuals only;
    16    (iii) licenses shall be issued to applicants who are sixteen years  of
    17  age or older at the time of the application; and
    18    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
    19  manner acceptable to the department that they received an average of  at
    20  least  fifteen  thousand  dollars of income over three consecutive years
    21  from commercial fishing or  fishing,  or  who  successfully  complete  a
    22  commercial  food  fish  apprenticeship  pursuant to subdivision seven of
    23  this section. As used in this subparagraph, "commercial  fishing"  means
    24  the taking and sale of marine resources including fish, shellfish, crus-
    25  tacea  or  other marine biota and "fishing" means commercial fishing and
    26  carrying fishing passengers for hire. Individuals who  wish  to  qualify
    27  based  on  income  from  "fishing"  must hold a valid marine and coastal
    28  district party and charter boat license. No more than ten percent of the
    29  licenses issued each year based on income eligibility pursuant  to  this
    30  paragraph  shall  be  issued to applicants who qualify based solely upon
    31  income derived from operation of or employment by  a  party  or  charter
    32  boat.  For the income evaluation of this subdivision, the department may
    33  consider persons who would otherwise be eligible but for  having  served
    34  in  the  United  States  armed forces on active duty, provided that such
    35  individual has received an honorable or general discharge, shall not  be
    36  deemed ineligible.
    37    2. Commercial lobster permits. Commercial lobster permits provided for
    38  by section 13-0329 of this title shall be issued as follows:
    39    for  the period beginning January first, two thousand [eighteen] nine-
    40  teen, through December thirty-first,  two  thousand  [eighteen]  twenty,
    41  only persons who were issued a commercial lobster permit in the previous
    42  year shall be eligible to be issued such permit.
    43    3.  Commercial  crab  permits. Commercial crab permits provided for by
    44  section 13-0331 of this title shall be issued as follows:
    45    a. for the period  beginning  January  first,  two  thousand  eighteen
    46  through  December  thirty-first,  two  thousand  [eighteen]  twenty, the
    47  number of resident commercial crab permits and the number  of  non-resi-
    48  dent  commercial  crab  permits  shall  not  exceed the following annual
    49  limits:
    50    (i) for two thousand eighteen, the number of permits shall be  limited
    51  to  the  number  of permits issued in two thousand seventeen, plus fifty
    52  percent of any difference between the number of permits  issued  in  two
    53  thousand seventeen and five hundred sixty-three[.];
    54    (ii) for two thousand nineteen, the number of permits shall be limited
    55  to  the  number of permits established in subparagraph (i) of this para-
    56  graph; and
        A. 2575                             3
 
     1    (iii) for two thousand twenty, the number of permits shall be  limited
     2  to  the  number of permits established in subparagraph (i) of this para-
     3  graph.
     4    b.  for  the  period  beginning January first, two thousand [eighteen]
     5  nineteen through December thirty-first, two thousand [eighteen]  twenty,
     6  persons  who  were  issued a commercial crab permit in the previous year
     7  shall be eligible to be issued such permit.
     8    c. for the period beginning January  first,  two  thousand  [eighteen]
     9  nineteen  through December thirty-first, two thousand [eighteen] twenty,
    10  the department shall issue commercial crab permits to persons  who  were
    11  not  issued  such  permit  in  the previous year provided that the total
    12  number of such permits issued  to  such  persons  does  not  exceed  the
    13  difference  between  the number of permits established in paragraph a of
    14  this subdivision and the number of such permits issued pursuant to para-
    15  graph b of this subdivision, subject to the following:
    16    (i) permits shall be issued in the order  in  which  the  applications
    17  were  received,  except that where multiple applications are received by
    18  the department on the same day, applicants for whom the  department  has
    19  received  notice  of successful completion of an apprenticeship pursuant
    20  to subdivision seven of this section shall be considered by the  depart-
    21  ment prior to other applicants;
    22    (ii) permits may be issued to individuals only;
    23    (iii)  permits  shall be issued to applicants who are sixteen years of
    24  age or older at the time of the application; and
    25    (iv) permits shall be issued only to  persons  who  demonstrate  in  a
    26  manner  acceptable to the department that they received an average of at
    27  least fifteen thousand dollars of income over  three  consecutive  years
    28  from  commercial  fishing  or  fishing,  or who successfully complete an
    29  apprenticeship pursuant to subdivision seven of this section. As used in
    30  this subparagraph, "commercial fishing" means the  taking  and  sale  of
    31  marine  resources  including  fish, shellfish, crustacea or other marine
    32  biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
    33  passengers  for  hire.  Individuals  who wish to qualify based on income
    34  from "fishing" must hold a valid marine and coastal district  party  and
    35  charter  boat  license.  No  more than ten percent of the permits issued
    36  each year based on income eligibility pursuant to this  paragraph  shall
    37  be issued to applicants who qualify based upon income derived from oper-
    38  ation of or employment by a party or charter boat.
    39    4.  Commercial  whelk  or  conch  licenses.  Commercial whelk or conch
    40  licenses provided for by section 13-0330 of this title shall  be  issued
    41  as follows:
    42    a.  for  the  period  beginning  January  first, two thousand eighteen
    43  through December  thirty-first,  two  thousand  [eighteen]  twenty,  the
    44  number  of resident commercial whelk or conch licenses and the number of
    45  non-resident commercial whelk or conch licenses  shall  not  exceed  the
    46  following annual limits:
    47    (i) for two thousand eighteen, the number of licenses shall be limited
    48  to  the  number  of licenses issued in two thousand seventeen plus fifty
    49  percent of any difference between the number of licenses issued  in  two
    50  thousand seventeen and two hundred fifty-two[.];
    51    (ii) for two thousand nineteen, the number of licenses shall be limit-
    52  ed  to  the  number  of licenses established in subparagraph (i) of this
    53  paragraph; and
    54    (iii) for two thousand twenty, the number of licenses shall be limited
    55  to the number of licenses established in subparagraph (i) of this  para-
    56  graph.
        A. 2575                             4
 
     1    b.  for  the  period  beginning January first, two thousand [eighteen]
     2  nineteen through December thirty-first, two thousand [eighteen]  twenty,
     3  persons  who  were  issued  a  commercial  whelk or conch license in the
     4  previous year shall be eligible to be issued such license.
     5    c.  for  the  period  beginning January first, two thousand [eighteen]
     6  nineteen through December thirty-first, two thousand [eighteen]  twenty,
     7  persons  who  were not issued a commercial whelk or conch license in the
     8  previous year shall be eligible to be issued such license provided  that
     9  the  total  number  of  such  licenses  issued to such persons shall 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 an
    26  apprenticeship pursuant to subdivision seven of this section. As used in
    27  this subparagraph, "commercial fishing" means the  taking  and  sale  of
    28  marine  resources  including  fish, shellfish, crustacea or other marine
    29  biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
    30  passengers  for  hire.  Individuals  who wish to qualify based on income
    31  from "fishing" must hold a valid marine and coastal district  party  and
    32  charter  boat  license.  No more than ten percent of the licenses issued
    33  each year pursuant to this paragraph shall be issued to  applicants  who
    34  qualify  based  upon income derived from operation of or employment by a
    35  party or charter boat.
    36    5. Marine and coastal district party and charter boat licenses. Marine
    37  and coastal district party and charter boat  licenses  provided  for  by
    38  section  13-0336  of  this title shall be issued as follows, except that
    39  this subdivision shall not apply to the owner or  operator  of  a  party
    40  boat  or  charter  boat  whose vessel is classified by the United States
    41  Coast Guard as an Inspected Passenger Vessel and which  is  licensed  to
    42  carry more than six passengers:
    43    a.  for  the years two thousand [seventeen] nineteen through two thou-
    44  sand [eighteen] twenty, the annual number of marine and coastal district
    45  party and charter boat licenses issued shall  not  exceed  five  hundred
    46  seventeen.
    47    b.  for  the years two thousand [seventeen] nineteen through two thou-
    48  sand [eighteen] twenty, persons who were issued  a  marine  and  coastal
    49  district  party  and  charter boat license in the previous year shall be
    50  eligible to be issued such license.
    51    c. for the years two thousand [seventeen] nineteen through  two  thou-
    52  sand  [eighteen]  twenty,  the department shall issue marine and coastal
    53  district party and charter boat licenses to persons who were not  issued
    54  such  license  in  the  previous year, provided that the total number of
    55  licenses issued does not exceed five hundred seventeen, subject  to  the
    56  following:
        A. 2575                             5
 
     1    (i)  licenses  shall  be issued in the order in which the applications
     2  were received;
     3    (ii)  licenses shall be issued only to persons who hold an Uninspected
     4  Passenger Vessel license issued by the United States Coast Guard.
     5    § 2. This act shall take effect immediately.