New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A10193 Summary:

A10193 Actions:

A10193 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:05/09/2022AYE/NAY:28/0  Action: Favorable refer to committee Rules        
Englebright
Aye
Smullen
Aye
Glick
Aye
Miller
Aye
Colton
Aye
Tague
Aye
Cymbrowitz
Aye
Manktelow
Aye
O'Donnell
Aye
Brown
Aye
Gunther
Aye
Durso
Aye
Thiele
Aye
Lemondes
Aye
Abinanti
Aye
Simpson
Aye
Fahy
Aye
Otis
Aye
Williams
Aye
Pretlow
Aye
Carroll
Aye
Burke
Excused
Griffin
Excused
Epstein
Aye
McMahon
Aye
Burdick
Aye
Lunsford
Aye
Kelles
Aye
Gonzalez-Rojas
Aye
Septimo
Aye

Committee:RULES   Chair:Gottfried      
DATE:05/10/2022AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye

A10193 Floor Votes:

A10193 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10193
 
                   IN ASSEMBLY
 
                                       May 5, 2022
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
          --  read once and referred to the Committee on Environmental Conserva-
          tion
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          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. Subdivisions 1, 2, 3, 4 and 5 of  section  13-0328  of  the
     2  environmental conservation law, as amended by chapter 656 of the laws of
     3  2021,  subparagraph (iv) of paragraph (c) of subdivision 1 as amended by
     4  section 53 of part PP of chapter 56 of the laws of 2022, are amended  to
     5  read as 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 eighteen
    10  through December thirty-first, two thousand  [twenty-two]  twenty-three,
    11  the  number  of resident commercial food fish licenses and the number of
    12  non-resident commercial food fish licenses shall not exceed the  follow-
    13  ing annual limits:
    14    (i) for two thousand eighteen, the number of licenses shall be limited
    15  to  the  number of licenses issued in two thousand seventeen, plus fifty
    16  percent of any difference between the number of licenses issued  in  two
    17  thousand seventeen and nine hundred sixty-nine;
    18    (ii) for two thousand nineteen, the number of licenses shall be limit-
    19  ed  to  the  number  of licenses established in subparagraph (i) of this
    20  paragraph;
    21    (iii) for two thousand twenty, the number of licenses shall be limited
    22  to the number of licenses established in subparagraph (i) of this  para-
    23  graph;
    24    (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
    25  limited to the number of licenses established  in  subparagraph  (i)  of
    26  this paragraph; [and]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15717-01-2
        A. 10193                            2
 
     1    (v)  for  two  thousand  twenty-two,  the  number of licenses shall be
     2  limited to the number of licenses established  in  subparagraph  (i)  of
     3  this paragraph; and
     4    (vi)  for  two  thousand twenty-three, the number of licenses shall be
     5  limited to the number of licenses established in subparagraph (i) of the
     6  paragraph.
     7    b. for the period beginning January first, two  thousand  [twenty-one]
     8  twenty-two  through  December  thirty-first,  two  thousand [twenty-two]
     9  twenty-three, persons who were issued a commercial food fish license  in
    10  the previous year shall be eligible to be issued such license.
    11    c.  for  the period beginning January first, two thousand [twenty-one]
    12  twenty-two through  December  thirty-first,  two  thousand  [twenty-two]
    13  twenty-three,  the  department shall issue commercial food fish licenses
    14  to persons who were  not  issued  such  license  in  the  previous  year
    15  provided  that  the total number of such licenses issued to such persons
    16  does not exceed the difference between the  number  of  licenses  estab-
    17  lished  in  paragraph  a  of  this  subdivision  and  the number of such
    18  licenses issued pursuant to paragraph b of this subdivision, subject  to
    19  the following:
    20    (i)  licenses  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) licenses may be issued to individuals only;
    27    (iii) licenses shall be issued to applicants who are sixteen years  of
    28  age or older at the time of the application; and
    29    (iv)  licenses  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  a
    33  commercial  food  fish  apprenticeship  pursuant to subdivision seven of
    34  this section. As used in this subparagraph, "commercial  fishing"  means
    35  the taking and sale of marine resources including fish, shellfish, crus-
    36  tacea  or  other marine biota and "fishing" means commercial fishing and
    37  carrying fishing passengers for hire. Individuals who  wish  to  qualify
    38  based  on  income  from  "fishing"  must hold a valid marine and coastal
    39  district party and charter boat license. No more than ten percent of the
    40  licenses issued each year based on income eligibility pursuant  to  this
    41  paragraph  shall  be  issued to applicants who qualify based solely upon
    42  income derived from operation of or employment by  a  party  or  charter
    43  boat.  For the income evaluation of this subdivision, the department may
    44  consider persons who would otherwise be eligible but for  having  served
    45  in  the  United  States  armed forces on active duty, provided that such
    46  individual (1) has received an honorable or general  discharge,  or  (2)
    47  has  a  qualifying condition, as defined in section one of the veteran's
    48  services law, and has received a discharge other  than  bad  conduct  or
    49  dishonorable  from such service, or (3) is a discharged LGBT veteran, as
    50  defined in section one of the veteran's services law, and has received a
    51  discharge other than bad conduct  or  dishonorable  from  such  service,
    52  shall not be deemed ineligible.
    53    2. Commercial lobster permits. Commercial lobster permits provided for
    54  by section 13-0329 of this title shall be issued as follows:
    55    for  the  period  beginning  January  first, two thousand [twenty-one]
    56  twenty-two, through December  thirty-first,  two  thousand  [twenty-two]
        A. 10193                            3
 
     1  twenty-three,  only  persons who were issued a commercial lobster permit
     2  in the previous year shall be eligible to be issued such permit.
     3    3.  Commercial  crab  permits. Commercial crab permits provided for by
     4  section 13-0331 of this title shall be issued as follows:
     5    a. for the period  beginning  January  first,  two  thousand  eighteen
     6  through  December  thirty-first, two thousand [twenty-two] twenty-three,
     7  the number of resident commercial crab permits and the number of non-re-
     8  sident commercial crab permits shall not  exceed  the  following  annual
     9  limits:
    10    (i)  for two thousand eighteen, the number of permits shall be limited
    11  to the number of permits issued in two thousand  seventeen,  plus  fifty
    12  percent  of  any  difference between the number of permits issued in two
    13  thousand seventeen and five hundred sixty-three;
    14    (ii) for two thousand nineteen, the number of permits shall be limited
    15  to the number of permits established in subparagraph (i) of  this  para-
    16  graph;
    17    (iii)  for two thousand twenty, the number of permits shall be limited
    18  to the number of permits established in subparagraph (i) of  this  para-
    19  graph;
    20    (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
    21  limited to the number of licenses established  in  subparagraph  (i)  of
    22  this paragraph; [and]
    23    (v)  for  two  thousand  twenty-two,  the  number of licenses shall be
    24  limited to the number of licenses established  in  subparagraph  (i)  of
    25  this paragraph; and
    26    (vi)  for  two  thousand twenty-three, the number of licenses shall be
    27  limited to the number of licenses established in subparagraph (i) of the
    28  paragraph.
    29    b. for the period beginning January  first,  two  thousand  twenty-one
    30  through  December  thirty-first, two thousand [twenty-two] twenty-three,
    31  persons who were issued a commercial crab permit in  the  previous  year
    32  shall be eligible to be issued such permit.
    33    c.  for  the period beginning January first, two thousand [twenty-one]
    34  twenty-two through  December  thirty-first,  two  thousand  [twenty-two]
    35  twenty-three,  the  department  shall  issue  commercial crab permits to
    36  persons who were not issued such permit in the  previous  year  provided
    37  that  the  total  number of such permits issued to such persons does not
    38  exceed the difference between the number of permits established in para-
    39  graph a of this subdivision and the number of such permits issued pursu-
    40  ant to paragraph b of this subdivision, subject to the following:
    41    (i) permits shall be issued in the order  in  which  the  applications
    42  were  received,  except that where multiple applications are received by
    43  the department on the same day, applicants for whom the  department  has
    44  received  notice  of successful completion of an apprenticeship pursuant
    45  to subdivision seven of this section shall be considered by the  depart-
    46  ment prior to other applicants;
    47    (ii) permits may be issued to individuals only;
    48    (iii)  permits  shall be issued to applicants who are sixteen years of
    49  age or older at the time of the application; and
    50    (iv) permits shall be issued only to  persons  who  demonstrate  in  a
    51  manner  acceptable to the department that they received an average of at
    52  least fifteen thousand dollars of income over  three  consecutive  years
    53  from  commercial  fishing  or  fishing,  or who successfully complete an
    54  apprenticeship pursuant to subdivision seven of this section. As used in
    55  this subparagraph, "commercial fishing" means the  taking  and  sale  of
    56  marine  resources  including  fish, shellfish, crustacea or other marine
        A. 10193                            4
 
     1  biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
     2  passengers  for  hire.  Individuals  who wish to qualify based on income
     3  from "fishing" must hold a valid marine and coastal district  party  and
     4  charter  boat  license.  No  more than ten percent of the permits issued
     5  each year based on income eligibility pursuant to this  paragraph  shall
     6  be issued to applicants who qualify based upon income derived from oper-
     7  ation of or employment by a party or charter boat.
     8    4.  Commercial  whelk  or  conch  licenses.  Commercial whelk or conch
     9  licenses provided for by section 13-0330 of this title shall  be  issued
    10  as follows:
    11    a.  for  the  period  beginning  January  first, two thousand eighteen
    12  through December thirty-first, two thousand  [twenty-two]  twenty-three,
    13  the number of resident commercial whelk or conch licenses and the number
    14  of  non-resident commercial whelk or conch licenses shall not exceed the
    15  following annual limits:
    16    (i) for two thousand eighteen, the number of licenses shall be limited
    17  to the number of licenses issued in two thousand  seventeen  plus  fifty
    18  percent  of  any difference between the number of licenses issued in two
    19  thousand seventeen and two hundred fifty-two;
    20    (ii) for two thousand nineteen, the number of licenses shall be limit-
    21  ed to the number of licenses established in  subparagraph  (i)  of  this
    22  paragraph;
    23    (iii) for two thousand twenty, the number of licenses shall be limited
    24  to  the number of licenses established in subparagraph (i) of this para-
    25  graph;
    26    (iv) for two thousand twenty-one, the  number  of  licenses  shall  be
    27  limited  to  the  number  of licenses established in subparagraph (i) of
    28  this paragraph; [and]
    29    (v) for two thousand twenty-two,  the  number  of  licenses  shall  be
    30  limited  to  the  number  of licenses established in subparagraph (i) of
    31  this paragraph; and
    32    (vi) for two thousand twenty-three, the number of  licenses  shall  be
    33  limited  to  the  number  of licenses established in subparagraph (i) of
    34  this paragraph.
    35    b. for the period beginning January first, two  thousand  [twenty-one]
    36  twenty-two  through  December  thirty-first,  two  thousand [twenty-two]
    37  twenty-three, persons who  were  issued  a  commercial  whelk  or  conch
    38  license  in  the  previous  year  shall  be  eligible  to be issued such
    39  license.
    40    c. for the period beginning January first, two  thousand  [twenty-one]
    41  twenty-two  through  December  thirty-first,  two  thousand [twenty-two]
    42  twenty-three, persons who were not issued a commercial  whelk  or  conch
    43  license in the previous year shall be eligible to be issued such license
    44  provided  that  the total number of such licenses issued to such persons
    45  shall not exceed the difference between the number  of  licenses  estab-
    46  lished  in  paragraph  a  of  this  subdivision  and  the number of such
    47  licenses issued pursuant to paragraph b of this subdivision, subject  to
    48  the following:
    49    (i)  licenses  shall  be issued in the order in which the applications
    50  were received, except that where multiple applications are  received  by
    51  the  department  on the same day, applicants for whom the department has
    52  received notice of successful completion of an  apprenticeship  pursuant
    53  to  subdivision seven of this section shall be considered by the depart-
    54  ment prior to other applicants;
    55    (ii) licenses may be issued to individuals only;
        A. 10193                            5
 
     1    (iii) licenses shall be issued to applicants who are sixteen years  of
     2  age or older at the time of the application; and
     3    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
     4  manner acceptable to the department that they received an average of  at
     5  least  fifteen  thousand  dollars of income over three consecutive years
     6  from commercial fishing or fishing,  or  who  successfully  complete  an
     7  apprenticeship pursuant to subdivision seven of this section. As used in
     8  this  subparagraph,  "commercial  fishing"  means the taking and sale of
     9  marine resources including fish, shellfish, crustacea  or  other  marine
    10  biota  and  "fishing"  means  commercial  fishing  and  carrying fishing
    11  passengers for hire. Individuals who wish to  qualify  based  on  income
    12  from  "fishing"  must hold a valid marine and coastal district party and
    13  charter boat license. No more than ten percent of  the  licenses  issued
    14  each  year  pursuant to this paragraph shall be issued to applicants who
    15  qualify based upon income derived from operation of or employment  by  a
    16  party or charter boat.
    17    5. Marine and coastal district party and charter boat licenses. Marine
    18  and  coastal  district  party  and charter boat licenses provided for by
    19  section 13-0336 of this title shall be issued as  follows,  except  that
    20  this  subdivision  shall  not  apply to the owner or operator of a party
    21  boat or charter boat whose vessel is classified  by  the  United  States
    22  Coast  Guard  as  an Inspected Passenger Vessel and which is licensed to
    23  carry more than six passengers:
    24    a. for the years two  thousand  [twenty-one]  twenty-two  through  two
    25  thousand  [twenty-two]  twenty-three,  the  annual  number of marine and
    26  coastal district party and charter boat licenses issued shall not exceed
    27  five hundred seventeen.
    28    b. for the years two  thousand  [twenty-one]  twenty-two  through  two
    29  thousand [twenty-two] twenty-three, persons who were issued a marine and
    30  coastal  district  party  and  charter boat license in the previous year
    31  shall be eligible to be issued such license.
    32    c. for the years two  thousand  [twenty-one]  twenty-two  through  two
    33  thousand  [twenty-two]  twenty-three,  the department shall issue marine
    34  and coastal district party and charter boat licenses to persons who were
    35  not issued such license in the previous year, provided  that  the  total
    36  number  of  licenses  issued  does  not  exceed  five hundred seventeen,
    37  subject to the following:
    38    (i) licenses shall be issued in the order in  which  the  applications
    39  were received;
    40    (ii)  licenses shall be issued only to persons who hold an Uninspected
    41  Passenger Vessel license issued by the United States Coast Guard.
    42    § 2. This act shall take effect immediately;  provided,  however,  the
    43  amendments  to  subparagraph  (iv)  of paragraph (c) of subdivision 1 of
    44  section 13-0328 of the environmental conservation law  made  by  section
    45  one  of  this  act  shall  take  effect on the same date and in the same
    46  manner as section 53 of part PP of chapter 56 of the laws of 2022, takes
    47  effect.