Allows fishing guides and individuals holding a party or charter boat license to issue fishing licenses; allows such guide to secure such license via the internet or by phone from the department of environmental conservation.
STATE OF NEW YORK
________________________________________________________________________
5916
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
___________
Introduced by M. of A. BARCLAY, BLANKENBUSH, DiPIETRO, FINCH, GIGLIO,
HAWLEY, KOLB, MONTESANO, PALMESANO, RAIA, NORRIS, MANKTELOW, MORINEL-
LO, BYRNES -- Multi-Sponsored by -- M. of A. GOODELL, SALKA, STEC --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
allowing fishing guides and individuals holding a party or charter
boat license to issue certain licenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 1 of section 11-0713 of the
2 environmental conservation law, as amended by section 3 of part AA of
3 chapter 60 of the laws of 2011, the opening paragraph as amended by
4 section 3 of part R of chapter 58 of the laws of 2013, is amended to
5 read as follows:
6 a. All licenses, bowhunting privileges, muzzle-loading privileges,
7 tags, permits, registrations, and permit applications authorized by this
8 title or section 13-0355 of this chapter, and any additional privileges
9 authorized by the department shall be issued by:
10 (1) clerks of a county, town or city, except a city having a popu-
11 lation of one million or more, although such clerks may request authori-
12 zation from the department to cease issuing such licenses or registra-
13 tions,
14 (2) clerks of a village having more than one thousand inhabitants
15 according to the last preceding federal census, or of a village in a
16 county of less than five hundred thousand inhabitants, adjoining a city
17 of over one million inhabitants, both according to such census, although
18 such clerks may request authorization from the department to cease issu-
19 ing such licenses or registrations, [and]
20 (3) license issuing officers as may be appointed by the commissioner.
21 Applicants for designation as license issuing officers shall be over the
22 age of eighteen years and shall meet such other requirements of eligi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02395-01-9
A. 5916 2
1 bility, including posting bond, as the department may by regulation
2 specify. Such issuing officers shall be entitled to receive and keep the
3 same fees for issuing licenses and stamps that are specified in section
4 11-0715 of this title for issuing clerks, and shall file reports and
5 remit license fees to the appropriate regional environmental conserva-
6 tion officer or the department as required by regulation[.], and
7 (4) fishing guides licensed pursuant to section 11-0533 of this arti-
8 cle or individuals holding a party or charter boat license issued by the
9 department. The department shall promulgate rules and regulations to
10 allow such fishing guides and individuals holding a party or charter
11 boat license to secure a fishing license tag for a person via the inter-
12 net or phone registry. Such tag shall provide the holder with the same
13 rights as the holder of any similar license established pursuant to this
14 title. A person who receives a fishing tag pursuant to this subpara-
15 graph shall not be required to attach and display a back tag on the back
16 of his or her outer garment.
17 § 2. Subdivision 3 of section 11-0705 of the environmental conserva-
18 tion law, as amended by section 21 of part R of chapter 58 of the laws
19 of 2013, is amended to read as follows:
20 3. Failure of a licensee to have the holder's license, tag or license
21 with bowhunting and/or muzzle-loading privilege included, on the hold-
22 er's person while hunting, fishing or trapping, is presumptive evidence
23 that the holder is hunting, fishing or trapping, as the case may be,
24 without holding the license, tag or license and bowhunting or muzzle-
25 loading privilege required by subdivision [6] six of section 11-0703 of
26 this title. Provided, however, that a person who received a license
27 pursuant to subparagraph four of paragraph a of subdivision one of
28 section 11-0713 of this title shall not be required to comply with the
29 provisions of this section while fishing with a guide. As used in this
30 subdivision, the term "guide" shall mean a person who offers services
31 for hire part or all of which includes directing, instructing, or aiding
32 another in fishing.
33 § 3. This act shall take effect on the one hundred twentieth day after
34 it shall have become a law; provided, that effective immediately, the
35 addition, amendment and/or repeal of any rule or regulation necessary
36 for the implementation of this act on its effective date is authorized
37 and directed to be made and completed on or before such effective date.