New York State Assembly

 
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A11040 Summary:

A11040 Actions:

A11040 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:06/05/2018AYE/NAY:29/0  Action: Favorable refer to committee Rules        
Englebright
Aye
Stec
Aye
Glick
Aye
Butler
Aye
Colton
Aye
Raia
Aye
Cymbrowitz
Aye
Palumbo
Aye
Lifton
Aye
Miller ML
Aye
O'Donnell
Aye
Miller B 
Aye
Peoples-Stokes
Excused
Garbarino
Aye
Gunther
Aye
Walter
Aye
Jaffee
Aye
Titone
Aye
Crespo
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Aye
Fahy
Aye
Rozic
Aye
Otis
Aye
Williams
Aye
Barrett
Aye
D'Urso
Aye
Carroll
Aye
Pellegrino
Aye

Committee:RULES   Chair:Heastie      
DATE:06/06/2018AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Excused
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye

A11040 Floor Votes:

A11040 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11040
 
                   IN ASSEMBLY
 
                                      May 31, 2018
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
          --  (at  request  of  the Department of Environmental Conservation) --
          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]  nineteen,  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[.]; and
    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.
    19    b. for the period  beginning  January  first,  two  thousand  eighteen
    20  through December thirty-first, two thousand [eighteen] nineteen, persons
    21  who  were  issued  a  commercial  food fish license in the previous year
    22  shall be eligible to be issued such license.
    23    c. for the period  beginning  January  first,  two  thousand  eighteen
    24  through  December  thirty-first,  two  thousand [eighteen] nineteen, the
    25  department shall issue commercial food fish licenses to persons who were
    26  not issued such license in the previous year  provided  that  the  total
    27  number  of  such  licenses  issued  to  such persons does not exceed the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14408-05-8
        A. 11040                            2
 
     1  difference between the number of licenses established in paragraph a  of
     2  this  subdivision  and  the  number  of such licenses issued pursuant to
     3  paragraph b of this subdivision, subject to the following:
     4    (i)  licenses  shall  be issued in the order in which the applications
     5  were received, except that where multiple applications are  received  by
     6  the  department  on the same day, applicants for whom the department has
     7  received notice of successful completion of an  apprenticeship  pursuant
     8  to  subdivision seven of this section shall be considered by the depart-
     9  ment prior to other applicants;
    10    (ii) licenses may be issued to individuals only;
    11    (iii) licenses shall be issued to applicants who are sixteen years  of
    12  age or older at the time of the application; and
    13    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
    14  manner acceptable to the department that they received an average of  at
    15  least  fifteen  thousand  dollars of income over three consecutive years
    16  from commercial fishing or  fishing,  or  who  successfully  complete  a
    17  commercial  food  fish  apprenticeship  pursuant to subdivision seven of
    18  this section. As used in this subparagraph, "commercial  fishing"  means
    19  the taking and sale of marine resources including fish, shellfish, crus-
    20  tacea  or  other marine biota and "fishing" means commercial fishing and
    21  carrying fishing passengers for hire. Individuals who  wish  to  qualify
    22  based  on  income  from  "fishing"  must hold a valid marine and coastal
    23  district party and charter boat license. No more than ten percent of the
    24  licenses issued each year based on income eligibility pursuant  to  this
    25  paragraph  shall  be  issued to applicants who qualify based solely upon
    26  income derived from operation of or employment by  a  party  or  charter
    27  boat.  For the income evaluation of this subdivision, the department may
    28  consider persons who would otherwise be eligible but for  having  served
    29  in  the  United  States  armed forces on active duty, provided that such
    30  individual has received an honorable or general discharge, shall not  be
    31  deemed ineligible.
    32    2. Commercial lobster permits. Commercial lobster permits provided for
    33  by section 13-0329 of this title shall be issued as follows:
    34    for the period beginning January first, two thousand eighteen, through
    35  December  thirty-first,  two  thousand [eighteen] nineteen, only persons
    36  who were issued a commercial lobster permit in the previous  year  shall
    37  be eligible to be issued such permit.
    38    3.  Commercial  crab  permits. Commercial crab permits provided for by
    39  section 13-0331 of this title shall be issued as follows:
    40    a. for the period  beginning  January  first,  two  thousand  eighteen
    41  through  December  thirty-first,  two  thousand [eighteen] nineteen, the
    42  number of resident commercial crab permits and the number  of  non-resi-
    43  dent  commercial  crab  permits  shall  not  exceed the following annual
    44  limits:
    45    (i) for two thousand eighteen, the number of permits shall be  limited
    46  to  the  number  of permits issued in two thousand seventeen, plus fifty
    47  percent of any difference between the number of permits  issued  in  two
    48  thousand seventeen and five hundred sixty-three[.]; and
    49    (ii) for two thousand nineteen, the number of permits shall be limited
    50  to  the  number of permits established in subparagraph (i) of this para-
    51  graph.
    52    b. for the period  beginning  January  first,  two  thousand  eighteen
    53  through December thirty-first, two thousand [eighteen] nineteen, persons
    54  who  were  issued a commercial crab permit in the previous year shall be
    55  eligible to be issued such permit.
        A. 11040                            3
 
     1    c. for the period  beginning  January  first,  two  thousand  eighteen
     2  through  December  thirty-first,  two  thousand [eighteen] nineteen, the
     3  department shall issue commercial crab permits to persons who  were  not
     4  issued  such  permit in the previous year provided that the total number
     5  of  such  permits  issued to such persons does not exceed the difference
     6  between the number of permits established in paragraph a of this  subdi-
     7  vision  and the number of such permits issued pursuant to paragraph b of
     8  this subdivision, subject to the following:
     9    (i) permits 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) permits may be issued to individuals only;
    16    (iii)  permits  shall be issued to applicants who are sixteen years of
    17  age or older at the time of the application; and
    18    (iv) permits 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 an
    22  apprenticeship pursuant to subdivision seven of this section. As used in
    23  this subparagraph, "commercial fishing" means the  taking  and  sale  of
    24  marine  resources  including  fish, shellfish, crustacea or other marine
    25  biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
    26  passengers  for  hire.  Individuals  who wish to qualify based on income
    27  from "fishing" must hold a valid marine and coastal district  party  and
    28  charter  boat  license.  No  more than ten percent of the permits issued
    29  each year based on income eligibility pursuant to this  paragraph  shall
    30  be issued to applicants who qualify based upon income derived from oper-
    31  ation of or employment by a party or charter boat.
    32    4.  Commercial  whelk  or  conch  licenses.  Commercial whelk or conch
    33  licenses provided for by section 13-0330 of this title shall  be  issued
    34  as follows:
    35    a.  for  the  period  beginning  January  first, two thousand eighteen
    36  through December thirty-first, two  thousand  [eighteen]  nineteen,  the
    37  number  of resident commercial whelk or conch licenses and the number of
    38  non-resident commercial whelk or conch licenses  shall  not  exceed  the
    39  following annual limits:
    40    (i) for two thousand eighteen, the number of licenses shall be limited
    41  to  the  number  of licenses issued in two thousand seventeen plus fifty
    42  percent of any difference between the number of licenses issued  in  two
    43  thousand seventeen and two hundred fifty-two[.]; and
    44    (ii) for two thousand nineteen, the number of licenses shall be limit-
    45  ed  to  the  number  of licenses established in subparagraph (i) of this
    46  paragraph.
    47    b. for the period  beginning  January  first,  two  thousand  eighteen
    48  through December thirty-first, two thousand [eighteen] nineteen, persons
    49  who were issued a commercial whelk or conch license in the previous year
    50  shall be eligible to be issued such license.
    51    c.  for  the  period  beginning  January  first, two thousand eighteen
    52  through December thirty-first, two thousand [eighteen] nineteen, persons
    53  who were not issued a commercial whelk or conch license in the  previous
    54  year shall be eligible to be issued such license provided that the total
    55  number  of  such  licenses  issued  to such persons shall not exceed the
    56  difference between the number of licenses established in paragraph a  of
        A. 11040                            4
 
     1  this  subdivision  and  the  number  of such licenses issued pursuant to
     2  paragraph b of this subdivision, subject to the following:
     3    (i)  licenses  shall  be issued in the order in which the applications
     4  were received, except that where multiple applications are  received  by
     5  the  department  on the same day, applicants for whom the department has
     6  received notice of successful completion of an  apprenticeship  pursuant
     7  to  subdivision seven of this section shall be considered by the depart-
     8  ment prior to other applicants;
     9    (ii) licenses may be issued to individuals only;
    10    (iii) licenses shall be issued to applicants who are sixteen years  of
    11  age or older at the time of the application; and
    12    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
    13  manner acceptable to the department that they received an average of  at
    14  least  fifteen  thousand  dollars of income over three consecutive years
    15  from commercial fishing or fishing,  or  who  successfully  complete  an
    16  apprenticeship pursuant to subdivision seven of this section. As used in
    17  this  subparagraph,  "commercial  fishing"  means the taking and sale of
    18  marine resources including fish, shellfish, crustacea  or  other  marine
    19  biota  and  "fishing"  means  commercial  fishing  and  carrying fishing
    20  passengers for hire. Individuals who wish to  qualify  based  on  income
    21  from  "fishing"  must hold a valid marine and coastal district party and
    22  charter boat license. No more than ten percent of  the  licenses  issued
    23  each  year  pursuant to this paragraph shall be issued to applicants who
    24  qualify based upon income derived from operation of or employment  by  a
    25  party or charter boat.
    26    5. Marine and coastal district party and charter boat licenses. Marine
    27  and  coastal  district  party  and charter boat licenses provided for by
    28  section 13-0336 of this title shall be issued as  follows,  except  that
    29  this  subdivision  shall  not  apply to the owner or operator of a party
    30  boat or charter boat whose vessel is classified  by  the  United  States
    31  Coast  Guard  as  an Inspected Passenger Vessel and which is licensed to
    32  carry more than six passengers:
    33    a. for the years two thousand [seventeen] eighteen through  two  thou-
    34  sand  [eighteen]  nineteen,  the  annual  number  of  marine and coastal
    35  district party and charter boat licenses issued shall  not  exceed  five
    36  hundred seventeen.
    37    b.  for  the years two thousand [seventeen] eighteen through two thou-
    38  sand [eighteen] nineteen, persons who were issued a marine  and  coastal
    39  district  party  and  charter boat license in the previous year shall be
    40  eligible to be issued such license.
    41    c. for the years two thousand [seventeen] eighteen through  two  thou-
    42  sand  [eighteen] nineteen, the department shall issue marine and coastal
    43  district party and charter boat licenses to persons who were not  issued
    44  such  license  in  the  previous year, provided that the total number of
    45  licenses issued does not exceed five hundred seventeen, subject  to  the
    46  following:
    47    (i)  licenses  shall  be issued in the order in which the applications
    48  were received;
    49    (ii) licenses shall be issued only to persons who hold an  Uninspected
    50  Passenger Vessel license issued by the United States Coast Guard.
    51    §  2.  This act shall take effect December 31, 2018, provided that any
    52  regulations necessary for the timely implementation of the provisions of
    53  this act on its effective date may be  promulgated  on  or  before  such
    54  date.