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

A10574 Summary:

BILL NOA10574
 
SAME ASNo Same As
 
SPONSORRules (Thiele)
 
COSPNSR
 
MLTSPNSR
 
Amd §13-0328, En Con L
 
Provides that where the total number of commercial food fish license, commercial crab permits, commercial whelk and conch licenses, and marine and coastal district party and charter boat license applications from persons who were not issued such license in the previous year exceeds the number of licenses that are available, the department of environmental conservation shall randomly select recipients of the available licenses from among those applications received by the first business day of the applicable license year; provides for a temporary authorization where in the event of a temporary emergency, a licensee or permittee may provide written authorization for a person to temporarily undertake any licensed activities on the licensee's or permittee's behalf; makes related provisions.
Go to top    

A10574 Actions:

BILL NOA10574
 
07/06/2022referred to environmental conservation
Go to top

A10574 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10574
 
SPONSOR: Rules (Thiele)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to certain commercial food fish licenses, commercial crab permits, commer- cial whelk or conch licenses, marine and coastal district party and charter boat licenses and certain temporary authorizations for certain licenses and permits   PURPOSE OF THE BILL: This legislation relates to the Department of Environmental Conserva- tion's authority to issue commercial fishing licenses and permits and provides for a temporary authorization program in the event of a tempo- rary emergency.   SUMMARY OF PROVISIONS: Section 1. Amends the Environmental Conservation Law (ECL) § 13-0328 to authorize the Department of Environmental Conservation to modify the manner of issuance for limited entry commercial licenses to authorize the Department to randomly select new license recipients and to provide a preference for those who have unsuccessfully applied in past years. A new subdivision 8 is added to ECL § 13-0328 authorizing the Department to implement a temporary authorization program for limited entry commer- cial fishing licenses. Subject to approval by the Department, a limited entry commercial fishing licensee may, during a temporary emergency, issue a written authorization allowing a person to exercise the licensed fishing privileges. Section 2. Provides for an immediate effective date.   JUSTIFICATION: This legislation would implement recommendations made in the New York Marine Fisheries Licensing Review, a draft report prepared by George Lapointe ("George Lapointe Report"). It creates a preference for previ- ously unsuccessful license applicants to enhance their opportunity to receive a limited entry commercial license, and it adds a new section that will allow a licensee or permittee to authorize another person to temporarily undertake licensed/permitted activity on the licensee's behalf in the event of an emergency. Both these concepts were among the recommendations contained in the draft George Lapointe report.   PRIOR LEGISLATIVE HISOTRY: New Legislation.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A10574 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10574
 
                   IN ASSEMBLY
 
                                      July 6, 2022
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
          read once and referred to the Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          certain  commercial  food  fish  licenses,  commercial  crab  permits,
          commercial  whelk or   conch   licenses, marine and  coastal  district
          party  and  charter boat licenses and certain temporary authorizations
          for certain licenses and permits
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subparagraph (i) of paragraph c of subdivision 1, subpara-
     2  graph (i) of paragraph c of subdivision 3, subparagraph (i) of paragraph
     3  c of subdivision 4 and subparagraph (i) of paragraph c of subdivision  5
     4  of  section 13-0328 of the environmental conservation law, as amended by
     5  chapter 656 of the laws of 2021, are amended and a new subdivision 8  is
     6  added to read as follows:
     7    (i)  [licenses  shall be issued in the order in which the applications
     8  were received, except that where multiple applications are  received  by
     9  the  department  on  the same day,] where the total number of commercial
    10  food fish license applications from persons who  were  not  issued  such
    11  license  in  the  previous  year exceeds the number of licenses that are
    12  available, the department shall randomly select recipients of the avail-
    13  able licenses from among those applications received by the first  busi-
    14  ness  day  of  the applicable license year, provided however that appli-
    15  cants shall receive one extra entry for each  previous  year  that  they
    16  applied  for such license and were not selected, and applicants for whom
    17  the department has  received  notice  of  successful  completion  of  an
    18  apprenticeship  pursuant  to subdivision seven of this section shall [be
    19  considered by the department prior  to  other  applicants]  receive  one
    20  extra  entry,  and provided further that the department is authorized to
    21  adopt regulations to  amend  or  supplement  this  process  for  issuing
    22  commercial food fish licenses;
    23    (i)  [permits  shall  be issued in the order in which the applications
    24  were received, except that where multiple applications are  received  by
    25  the  department  on  the same day,] where the total number of commercial
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16032-01-2

        A. 10574                            2

     1  crab permit applications from persons who were not issued such permit in
     2  the previous year exceeds the number of permits that are available,  the
     3  department  shall  randomly  select  recipients of the available permits
     4  from  among those applications received by the first business day of the
     5  applicable permit year, provided however that applicants  shall  receive
     6  one extra entry for each previous year that they applied for such permit
     7  and  were  not  selected,  and  applicants  for  whom the department has
     8  received notice of successful completion of an  apprenticeship  pursuant
     9  to subdivision seven of this section shall [be considered by the depart-
    10  ment  prior  to  other applicants] receive one extra entry, and provided
    11  further that the department is authorized to adopt regulations to  amend
    12  or supplement this process for issuing commercial crab permits;
    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,] where the total number of commercial
    16  whelk or conch license applications from persons  who  were  not  issued
    17  such  license  in  the previous year exceeds the number of licenses that
    18  are available, the department shall randomly select  recipients  of  the
    19  available  licenses  from among those applications received by the first
    20  business day of the  applicable  license  year,  provided  however  that
    21  applicants  shall  receive  one  extra entry for each previous year that
    22  they applied for such license and were not selected, and applicants  for
    23  whom  the  department has received notice of successful completion of an
    24  apprenticeship pursuant to subdivision seven of this section  shall  [be
    25  considered  by  the  department  prior  to other applicants] receive one
    26  extra entry, and provided further that the department is  authorized  to
    27  adopt  regulations  to  amend  or  supplement  this  process for issuing
    28  commercial whelk or conch licenses;
    29    (i) [licenses shall be issued in the order in which  the  applications
    30  were  received]  where  the  total number of marine and coastal district
    31  party and charter boat license applications from persons  who  were  not
    32  issued  such license in the previous year exceeds the number of licenses
    33  that are available, the department shall randomly select  recipients  of
    34  the  available  licenses  from  among those applications received by the
    35  first business day of the applicable license year, provided however that
    36  applicants shall receive one extra entry for  each  previous  year  that
    37  they  applied  and  were  not  selected,  and  provided further that the
    38  department is authorized to adopt regulations  to  amend  or  supplement
    39  this  process  for issuing marine and coastal district party and charter
    40  boat licenses;
    41    8. Temporary authorization. In the event of a temporary  emergency,  a
    42  licensee  or permittee may provide written authorization for a person to
    43  temporarily undertake any  licensed  activities  on  the  licensee's  or
    44  permittee's  behalf.  Such authorization shall not be effective until it
    45  has been approved by the department. A copy  of  such  written  authori-
    46  zation  shall  be  filed  with  the department, and the department shall
    47  determine what constitutes a temporary  emergency  and  the  appropriate
    48  maximum  duration  of  a  temporary  emergency  for the purposes of this
    49  subdivision.   The department is  authorized  to  adopt  regulations  to
    50  establish requirements for this program.
    51    § 2. This act shall take effect immediately.
Go to top