Amd SS13-0331, 13-0339-a & 13-0328, add SS13-0339-b & 13-0339-c, En Con L
Amends the environmental conservation law in relation to the authority of the DEC to manage crabs and certain marine fish and makes certain technical amendments to provisions regulating commercial fishing licenses.
STATE OF NEW YORK
________________________________________________________________________
4278
2011-2012 Regular Sessions
IN SENATE
March 25, 2011
___________
Introduced by Sen. JOHNSON -- (at request of the Department of Environ-
mental Conservation) -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
authority of the department of environmental conservation to manage
crabs and certain marine fish and makes technical amendments to
certain provisions regulating commercial fishing licenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 13-0331 of the environmental
2 conservation law, as amended by chapter 325 of the laws of 1999, is
3 amended to read as follows:
4 1. No person shall take crabs, including horseshoe crabs (Limulus sp.)
5 for commercial purposes without first obtaining a commercial permit from
6 the department. For purposes of this subdivision, a presumption of
7 "commercial purposes" shall be made wherein one takes or lands more than
8 fifty crabs in any one day or sells or barters or offers for sale or
9 barter any crabs he or she has taken. Permits shall be issued to indi-
10 viduals only but may be endorsed for use on a vessel, in which case it
11 shall cover all persons on board such vessel. The holder of a commercial
12 permit shall be liable for all violations that occur on the vessel for
13 which the holder's permit is endorsed. The holder of a permit shall
14 carry on his or her person or post on his or her vessel such permit at
15 all times when fishing for crabs. Except as provided in subdivision five
16 of this section, the permit holder must be present at all times while
17 the privileges of such permit are being exercised and while crab fishing
18 gear owned by the permit holder is being set out or retrieved. The hold-
19 er of a commercial permit may endorse such permit to only one vessel at
20 any one time and shall be on board such vessel at all times when it is
21 used for fishing for crabs.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09812-01-1
S. 4278 2
1 § 2. Subdivisions 5, 6, and 7 of section 13-0331 of the environmental
2 conservation law are renumbered subdivisions 6, 7, and 8 and a new
3 subdivision 5 is added to read as follows:
4 5. No person other than the permit holder shall set out, tend, haul or
5 unduly disturb, or take or remove crabs from, a crab pot or trap or
6 other commercial gear, or damage, take, remove or possess such gear.
7 Possession of such gear without the consent of the permit holder shall
8 be considered prima facie evidence of violation of this subdivision.
9 Provided, however, that in the event of a temporary emergency, a permit
10 holder may provide written authorization for a different permit holder
11 to haul and remove crabs from the permit holder's pots or traps. A copy
12 of such written authorization shall be filed with the department and the
13 department shall determine what constitutes a temporary emergency and
14 the appropriate maximum duration of a temporary emergency for the
15 purposes of this subdivision.
16 § 3. Subdivision 7 of section 13-0331 of the environmental conserva-
17 tion law, as amended by chapter 152 of the laws of 2007, and as renum-
18 bered subdivision 8 by section two of this act, is amended to read as
19 follows:
20 7. The department may, until December thirty-first, two thousand
21 [eleven] fifteen, fix by regulation measures for the management of crabs
22 of any kind including horseshoe crabs (Limulus sp.), including size
23 limits, catch and possession limits, open and closed seasons, closed
24 areas, restrictions on the manner of taking and landing, requirements
25 for permits and eligibility therefor, recordkeeping requirements,
26 requirements on the amount and type of fishing effort and gear, and
27 requirements relating to transportation, possession and sale, provided
28 that such regulations are no less restrictive than requirements set
29 forth in this chapter and provided further that such regulations are
30 consistent with the compliance requirements of applicable fishery
31 management plans adopted by the Atlantic States Marine Fisheries Commis-
32 sion and with applicable provisions of fishery management plans adopted
33 pursuant to the Federal Fishery Conservation and Management Act (16
34 U.S.C. § 1800 et seq.).
35 § 4. Section 13-0339-a of the environmental conservation law, as
36 amended by chapter 146 of the laws of 2007, is amended to read as
37 follows:
38 § 13-0339-a. [Atlantic cod (Gadus morhua),] Atlantic sturgeon (Acipen-
39 ser oxyrhynchus), shortnose sturgeon (Acipenser brevirostrum), American
40 eel ([Anguillo] Anguilla rostrata), Atlantic herring (Clupea [horengus]
41 harengus), American shad (Alosa sapidissima), alewife ([Aloso] Alosa
42 pseudoharengus), blueback herring (Alosa aestivalis), [squid (cephalopo-
43 da),] and hickory shad (Alosa mediocris).
44 The department may, until December thirty-first, two thousand [eleven]
45 fifteen, fix by regulation measures for the management of [Atlantic cod
46 (Gadus morhua), American eel (Anguilla rostrata),] Atlantic and short-
47 nose sturgeon (Acipenser oxyrhynchus and brevirostrum), American eel
48 (Anguilla rostrata), Atlantic herring (Clupea [horengus] harengus),
49 American shad (Alosa sapidissima), alewife (Alosa pseudoharengus), blue-
50 back herring (Alosa aestivalis), [squid (cephalopoda),] and hickory shad
51 (Alosa mediocris), including size limits, catch and possession limits,
52 open and closed seasons, closed areas, restrictions on the manner of
53 taking and landing, requirements for permits and eligibility therefor,
54 recordkeeping requirements, requirements on the amount and type of fish-
55 ing effort and gear, and requirements relating to transportation,
56 possession and sale, provided that such regulations are no less restric-
S. 4278 3
1 tive than requirements set forth in this chapter and provided further
2 that such regulations are consistent with the compliance requirements of
3 applicable fishery management plans adopted by the Atlantic States
4 Marine Fisheries Commission and with applicable provisions of fishery
5 management plans adopted pursuant to the Federal Fishery Conservation
6 and Management Act (16 U.S.C. § 1800 et seq.).
7 § 5. The environmental conservation law is amended by adding a new
8 section 13-0339-b to read as follows:
9 § 13-0339-b. Atlantic cod (Gadus morhua).
10 The department may, until December thirty-first, two thousand fifteen,
11 fix by regulation measures for the management of Atlantic cod (Gadus
12 morhua), including size limits, catch and possession limits, open and
13 closed seasons, closed areas, restrictions on the manner of taking and
14 landing, requirements for permits and eligibility therefor, recordkeep-
15 ing requirements, requirements on the amount and type of fishing effort
16 and gear, and requirements relating to transportation, possession and
17 sale, provided that such regulations are no less restrictive than
18 requirements set forth in this chapter and provided further that such
19 regulations are consistent with the compliance requirements of applica-
20 ble fishery management plans adopted by the Atlantic States Marine Fish-
21 eries Commission and with applicable provisions of fishery management
22 plans adopted pursuant to the Federal Fishery Conservation and Manage-
23 ment Act (16 U.S.C. § 1800 et seq.).
24 § 6. The environmental conservation law is amended by adding a new
25 section 13-0339-c to read as follows:
26 § 13-0339-c. Squid (cephalopoda).
27 The department may, until December thirty-first, two thousand fifteen,
28 fix by regulation measures for the management of squid (cephalopoda),
29 including size limits, catch and possession limits, open and closed
30 seasons, closed areas, restrictions on the manner of taking and landing,
31 requirements for permits and eligibility therefor, recordkeeping
32 requirements, requirements on the amount and type of fishing effort and
33 gear, and requirements relating to transportation, possession and sale,
34 provided that such regulations are no less restrictive than requirements
35 set forth in this chapter and provided further that such regulations are
36 consistent with the compliance requirements of applicable fishery
37 management plans adopted by the Atlantic States Marine Fisheries Commis-
38 sion and with applicable provisions of fishery management plans adopted
39 pursuant to the Federal Fishery Conservation and Management Act (16
40 U.S.C. § 1800 et seq.).
41 § 7. Section 13-0328 of the environmental conservation law, as amended
42 by chapter 366 of the laws of 2007, is amended to read as follows:
43 § 13-0328. Commercial licenses; limited entry.
44 1. Commercial food fish licenses. Commercial food fish licenses
45 provided for by section 13-0335 of this title shall be issued as
46 follows:
47 a. [for the period beginning July first, nineteen hundred ninety-nine
48 and ending December thirty-first, nineteen hundred ninety-nine, the
49 following persons shall be eligible to be issued a commercial food fish
50 license:
51 (i) persons who held a valid commercial food fish license in nineteen
52 hundred ninety-eight;
53 (ii) persons who held a valid commercial food fish license in nineteen
54 hundred ninety-six but not in nineteen hundred ninety-seven; and
55 (iii) persons who submitted applications to the department during the
56 period commencing January first, nineteen hundred ninety-nine and ending
S. 4278 4
1 on the effective date of this section and who were eligible to receive
2 such license but had not been issued such license during such period.
3 b.] for the period beginning January first, two thousand [four] twelve
4 through December thirty-first, two thousand [eleven] fifteen, the number
5 of [residential] resident commercial food fish licenses and the number
6 of [non-residential] non-resident commercial food fish licenses shall
7 not exceed the following annual limits:
8 (i) [for two thousand four, the number of licenses shall be limited to
9 the greater of the number of licenses issued in two thousand two or the
10 number of licenses issued in two thousand three;
11 (ii) for two thousand five, the number of licenses shall be limited to
12 the number of licenses issued in two thousand four, plus fifty percent
13 of any difference between the number of licenses issued in two thousand
14 four and the limit established in subparagraph (i) of this paragraph;
15 (iii) for two thousand six, the number of licenses shall be limited to
16 the number of licenses issued in two thousand five, plus fifty percent
17 of any difference between the number of licenses issued in two thousand
18 five and the limit established in subparagraph (ii) of this paragraph;
19 (iv) for two thousand seven, the number of licenses shall be limited
20 to the number of licenses issued in two thousand six, plus fifty percent
21 of any difference between the number of licenses issued in two thousand
22 six and the limit established in subparagraph (iii) of this paragraph;
23 (v)] for two thousand [eight] twelve, the number of licenses shall be
24 limited to the number of licenses issued in two thousand [seven] eleven,
25 plus fifty percent of any difference between the number of licenses
26 issued in two thousand [seven] eleven and [the limit established in
27 subparagraph (iv) of this paragraph] one thousand fifty-three;
28 [(vi)] (ii) for two thousand [nine] thirteen, the number of licenses
29 shall be limited to the number of licenses issued in two thousand
30 [eight] twelve, plus fifty percent of any difference between the number
31 of licenses issued in two thousand [eight] twelve and the limit estab-
32 lished in subparagraph [(v)] (i) of this paragraph;
33 [(vii)] (iii) for two thousand [ten] fourteen, the number of licenses
34 shall be limited to the number of licenses issued in two thousand [nine]
35 thirteen, plus fifty percent of any difference between the number of
36 licenses issued in two thousand [nine] thirteen and the limit estab-
37 lished in subparagraph [(vi)] (ii) of this paragraph;
38 [(viii)] (iv) for two thousand [eleven] fifteen, the number of
39 licenses shall be limited to the number of licenses issued in two thou-
40 sand [ten] fourteen, plus fifty percent of any difference between the
41 number of licenses issued in two thousand [ten] fourteen and the limit
42 established in subparagraph [(vii)] (iii) of this paragraph.
43 [c.] b. for the period beginning January first, two thousand twelve
44 through December thirty-first, two thousand [eleven] fifteen, persons
45 who were issued a commercial food fish license in the previous year
46 shall be eligible to be issued such license.
47 [d.] c. for the period beginning January first, two thousand [four]
48 twelve through December thirty-first, two thousand [eleven] fifteen, the
49 department shall issue commercial food fish licenses to persons who were
50 not issued such license in the previous year provided that the total
51 number of such licenses issued to such persons does not exceed the
52 difference between the number of licenses established in paragraph [b] a
53 of this subdivision and the number of such licenses issued pursuant to
54 paragraph [c] b of this subdivision, subject to the following:
55 (i) licenses shall be issued in the order in which the applications
56 were received, except that where multiple applications are received by
S. 4278 5
1 the department on the same day, applicants for whom the department has
2 received notice of successful completion of an apprenticeship pursuant
3 to subdivision seven of this section shall be considered by the depart-
4 ment prior to other applicants;
5 (ii) licenses may be issued to individuals only;
6 (iii) licenses shall be issued to applicants who are sixteen years of
7 age or older at the time of the application; and
8 (iv) licenses shall be issued only to persons who demonstrate in a
9 manner acceptable to the department that they received an average of at
10 least fifteen thousand dollars of income over three consecutive years
11 from commercial fishing or fishing, or who successfully complete a
12 commercial food fish apprenticeship pursuant to subdivision seven of
13 this section. As used in this subparagraph, "commercial fishing" means
14 the taking and sale of marine resources including fish, shellfish, crus-
15 tacea or other marine biota and "fishing" means commercial fishing and
16 carrying fishing passengers for hire. Individuals who wish to qualify
17 based on income from "fishing" must hold a valid marine and coastal
18 district party and charter boat license. No more than ten percent of the
19 licenses issued each year based on income eligibility pursuant to this
20 paragraph shall be issued to applicants who qualify based solely upon
21 income derived from operation of or employment by a party or charter
22 boat.
23 2. Commercial lobster permits. Commercial lobster permits provided for
24 by section 13-0329 of this title shall be issued as follows:
25 [a. for the period beginning July first, nineteen hundred ninety-nine
26 and ending December thirty-first, nineteen hundred ninety-nine, the
27 following persons shall be eligible to be issued a commercial lobster
28 permit:
29 (i) persons who held a valid commercial lobster permit in nineteen
30 hundred ninety-eight;
31 (ii) persons who held a valid commercial lobster permit in nineteen
32 hundred ninety-six but not in nineteen hundred ninety-seven; and
33 (iii) persons who submitted applications to the department during the
34 period commencing January first, nineteen hundred ninety-nine and ending
35 on the effective date of this section and who were eligible to receive
36 such permit but had not been issued such permit during such period.
37 b.] for the period beginning January first, two thousand twelve,
38 through December thirty-first, two thousand [eleven] fifteen, only
39 persons who were issued a commercial lobster permit in the previous year
40 shall be eligible to be issued such permit.
41 3. Commercial crab permits. Commercial crab permits provided for by
42 section 13-0331 of this title shall be issued as follows:
43 a. [for the period beginning July first, nineteen hundred ninety-nine
44 and ending December thirty-first, nineteen hundred ninety-nine, the
45 following persons shall be eligible to be issued a commercial crab
46 permit:
47 (i) persons who held a valid commercial crab permit in nineteen
48 hundred ninety-eight;
49 (ii) persons who held a valid commercial crab permit in nineteen
50 hundred ninety-six but not in nineteen hundred ninety-seven; and
51 (iii) persons who submitted applications to the department during the
52 period commencing January first, nineteen hundred ninety-nine and ending
53 on the effective date of this section and who were eligible to receive
54 such permit but had not been issued such permit during such period.
55 b.] for the period beginning January first, two thousand [four] twelve
56 through December thirty-first, two thousand [eleven] fifteen, the number
S. 4278 6
1 of [residential] resident commercial crab permits and the number of
2 [non-residential] non-resident commercial crab permits shall not exceed
3 the following annual limits:
4 (i) [for two thousand four, the number of permits shall be limited to
5 the greater of the number of permits issued in two thousand two or the
6 number of permits issued in two thousand three;
7 (ii) for two thousand five, the number of permits shall be limited to
8 the number of permits issued in two thousand four, plus fifty percent of
9 any difference between the number of permits issued in two thousand four
10 and the limit established in subparagraph (i) of this paragraph;
11 (iii) for two thousand six, the number of permits shall be limited to
12 the number of permits issued in two thousand five, plus fifty percent of
13 any difference between the number of permits issued in two thousand five
14 and the limit established in subparagraph (ii) of this paragraph;
15 (iv) for two thousand seven, the number of licenses shall be limited
16 to the number of permits issued in two thousand six, plus fifty percent
17 of any difference between the number of permits issued in two thousand
18 six and the limit established in subparagraph (iii) of this paragraph;
19 (v)] for two thousand [eight] twelve, the number of permits shall be
20 limited to the number of permits issued in two thousand [seven] eleven,
21 plus fifty percent of any difference between the number of permits
22 issued in two thousand [seven] eleven and [the limit established in
23 subparagraph (iv) of this paragraph] six hundred sixteen;
24 [(vi)] (ii) for two thousand [nine] thirteen, the number of permits
25 shall be limited to the number of permits issued in two thousand [eight]
26 twelve, plus fifty percent of any difference between the number of
27 permits issued in two thousand [eight] twelve and the limit established
28 in subparagraph [(v)] (i) of this paragraph;
29 [(vii)] (iii) for two thousand [ten] fourteen, the number of permits
30 shall be limited to the number of permits issued in two thousand [nine]
31 thirteen, plus fifty percent of any difference between the number of
32 permits issued in two thousand [nine] thirteen and the limit established
33 in subparagraph [(vi)] (ii) of this paragraph;
34 [(viii)] (iv) for two thousand [eleven] fifteen, the number of permits
35 shall be limited to the number of permits issued in two thousand [ten]
36 fourteen, plus fifty percent of any difference between the number of
37 permits issued in two thousand [ten] fourteen and the limit established
38 in subparagraph [(vii)] (iii) of this paragraph.
39 [c.] b. for the period beginning January first, two thousand twelve
40 through December thirty-first, two thousand [eleven] fifteen, persons
41 who were issued a commercial crab permit in the previous year shall be
42 eligible to be issued such permit.
43 [d.] c. for the period beginning January first, two thousand [four]
44 twelve through December thirty-first, two thousand [eleven] fifteen, the
45 department shall issue commercial crab permits to persons who were not
46 issued such permit in the previous year provided that the total number
47 of such permits issued to such persons does not exceed the difference
48 between the number of permits established in paragraph [b] a of this
49 subdivision and the number of such permits issued pursuant to paragraph
50 [c] b of this subdivision, subject to the following:
51 (i) permits shall be issued in the order in which the applications
52 were received, except that where multiple applications are received by
53 the department on the same day, applicants for whom the department has
54 received notice of successful completion of an apprenticeship pursuant
55 to subdivision seven of this section shall be considered by the depart-
56 ment prior to other applicants;
S. 4278 7
1 (ii) permits may be issued to individuals only;
2 (iii) permits shall be issued to applicants who are sixteen years of
3 age or older at the time of the application; and
4 (iv) permits shall be issued only to persons who demonstrate in a
5 manner acceptable to the department that they received an average of at
6 least fifteen thousand dollars of income over three consecutive years
7 from commercial fishing or fishing, or who successfully complete an
8 apprenticeship pursuant to subdivision seven of this section. As used in
9 this subparagraph, "commercial fishing" means the taking and sale of
10 marine resources including fish, shellfish, crustacea or other marine
11 biota and "fishing" means commercial fishing and carrying fishing
12 passengers for hire. Individuals who wish to qualify based on income
13 from "fishing" must hold a valid marine and coastal district party and
14 charter boat license. No more than ten percent of the permits issued
15 each year based on income eligibility pursuant to this paragraph shall
16 be issued to applicants who qualify based upon income derived from oper-
17 ation of or employment by a party or charter boat.
18 4. Commercial whelk or conch licenses. Commercial whelk or conch
19 licenses provided for by section 13-0330 of this title shall be issued
20 as follows:
21 a. for the period beginning January first, two thousand [four] twelve
22 through December thirty-first, two thousand [eleven] fifteen, the number
23 of [residential] resident commercial whelk or conch licenses and the
24 number of [non-residential] non-resident commercial whelk or conch
25 licenses shall not exceed the following annual limits:
26 (i) [for two thousand four, the number of licenses shall be limited to
27 three hundred or the number of licenses issued in two thousand three,
28 whichever is greater;
29 (ii) for two thousand five, the number of licenses shall be limited to
30 the number of licenses issued in two thousand four, plus fifty percent
31 of any difference between the number of licenses issued in two thousand
32 four and the limit established in subparagraph (i) of this paragraph;
33 (iii) for two thousand six, the number of licenses shall be limited to
34 the number of licenses issued in two thousand five, plus fifty percent
35 of any difference between the number of licenses issued in two thousand
36 five and the limit established in subparagraph (ii) of this paragraph;
37 (iv) for two thousand seven, the number of licenses shall be limited
38 to the number of licenses issued in two thousand six, plus fifty percent
39 of any difference between the number of licenses issued in two thousand
40 six and the limit established in subparagraph (iii) of this paragraph;
41 (v)] for two thousand [eight] twelve, the number of licenses shall be
42 limited to the number of licenses issued in two thousand [seven] eleven,
43 plus fifty percent of any difference between the number of licenses
44 issued in two thousand [seven] eleven and [the limit established in
45 subparagraph (iv) of this paragraph] two hundred seventy-one;
46 [(vi)] (ii) for two thousand [nine] thirteen, the number of licenses
47 shall be limited to the number of licenses issued in two thousand
48 [eight] twelve, plus fifty percent of any difference between the number
49 of licenses issued in two thousand [eight] twelve and the limit estab-
50 lished in subparagraph [(v)] (i) of this paragraph;
51 [(vii)] (iii) for two thousand [ten] fourteen, the number of licenses
52 shall be limited to the number of licenses issued in two thousand [nine]
53 thirteen, plus fifty percent of any difference between the number of
54 licenses issued in two thousand [nine] thirteen and the limit estab-
55 lished in subparagraph [(vi)] (ii) of this paragraph;
S. 4278 8
1 [(viii)] (iv) for two thousand [eleven] fifteen, the number of
2 licenses shall be limited to the number of licenses issued in two thou-
3 sand [ten] fourteen, plus fifty percent of any difference between the
4 number of licenses issued in two thousand [ten] fourteen and the limit
5 established in subparagraph [(vii)] (iii) of this paragraph.
6 b. for the period beginning January first, two thousand [four] twelve
7 through December thirty-first, two thousand [eleven] fifteen, persons
8 who were issued a commercial whelk or conch license in the previous year
9 shall be eligible to be issued such license.
10 c. for the period beginning January first, two thousand [four] twelve
11 through December thirty-first, two thousand [eleven] fifteen, persons
12 who were not issued a commercial whelk or conch license in the previous
13 year shall be eligible to be issued such license provided that the total
14 number of such licenses issued to such persons shall not exceed the
15 difference between the number of licenses established in paragraph a of
16 this subdivision and the number of such licenses issued pursuant to
17 paragraph b of this subdivision, subject to the following:
18 (i) licenses shall be issued in the order in which the applications
19 were received, except that where multiple applications are received by
20 the department on the same day, applicants for whom the department has
21 received notice of successful completion of an apprenticeship pursuant
22 to subdivision seven of this section shall be considered by the depart-
23 ment prior to other applicants;
24 (ii) licenses may be issued to individuals only;
25 (iii) licenses shall be issued to applicants who are sixteen years of
26 age or older at the time of the application; and
27 (iv) licenses shall be issued only to persons who demonstrate in a
28 manner acceptable to the department that they received an average of at
29 least fifteen thousand dollars of income over three consecutive years
30 from commercial fishing or fishing, or who successfully complete an
31 apprenticeship pursuant to subdivision seven of this section. As used in
32 this subparagraph, "commercial fishing" means the taking and sale of
33 marine resources including fish, shellfish, crustacea or other marine
34 biota and "fishing" means commercial fishing and carrying fishing
35 passengers for hire. Individuals who wish to qualify based on income
36 from "fishing" must hold a valid marine and coastal district party and
37 charter boat license. No more than ten percent of the licenses issued
38 each year pursuant to this paragraph shall be issued to applicants who
39 qualify based upon income derived from operation of or employment by a
40 party or charter boat.
41 5. Marine and coastal district party and charter boat licenses. Marine
42 and coastal district party and charter boat licenses provided for by
43 section 13-0336 of this title shall be issued as follows, except that
44 this subdivision shall not apply to the owner or operator of a party
45 boat or charter boat whose vessel is classified by the United States
46 Coast Guard as an Inspected Passenger Vessel and which is licensed to
47 carry more than six passengers:
48 a. [for the years two thousand eight through two thousand eleven, the]
49 The annual number of marine and coastal district party and charter boat
50 licenses issued shall not exceed [the number issued in two thousand
51 seven by more than one hundred licenses] five hundred seventeen.
52 b. [for the years two thousand eight through two thousand eleven,
53 persons] Persons who were issued a marine and coastal district party and
54 charter boat license in the previous year shall be eligible to be issued
55 such license.
S. 4278 9
1 c. [for the years two thousand eight through two thousand eleven, the]
2 The department shall issue marine and coastal district party and charter
3 boat licenses to persons who were not issued such license in the previ-
4 ous year, provided that the total number of [such] licenses issued [to
5 such persons] does not exceed [the difference between the annual limit
6 established in paragraph a of this subdivision and the number of such
7 licenses issued in the previous year pursuant to paragraph b of this
8 subdivision] five hundred seventeen, subject to the following:
9 (i) licenses shall be issued in the order in which the applications
10 were received;
11 (ii) licenses shall be issued only to persons who hold an Uninspected
12 Passenger Vessel license issued by the United States Coast Guard.
13 6. License or permit reissuance.
14 a. Notwithstanding the provisions of subdivisions one, two, three and
15 four of this section, the department may permit reissuance of a license
16 or permit to a member of the immediate family of the prior holder of
17 such license or permit; provided that the individual to whom the license
18 or permit is being reissued is at least sixteen years of age. The
19 [department may permit a] license or permit holder [to designate] shall
20 have designated in writing a member of his or her immediate family to
21 whom the license or permit shall be reissued in the event that the
22 license or permit holder dies or becomes disabled prior to surrendering
23 his or her license or permit to the department.
24 b. For the purposes of this subdivision, the term "immediate family
25 member" shall mean spouse, sibling, parent, child, grandparent, grand-
26 child and, if domiciled in the house of the license or permit holder, a
27 person who is related by blood, marriage or adoption to the license or
28 permit holder. The written pre-designation shall be on a form prescribed
29 by the department and kept on file at offices of the department's bureau
30 of marine resources. A request for license reissuance must be made with-
31 in one year of the expiration date of the license or the date of death
32 or disability of the license or permit holder, whichever is later. The
33 department may consider, in its discretion, other written documentation
34 as evidence of intent, as long as that documentation provides clear
35 guidance to the department as to the intention of the decedent or disa-
36 bled person with respect to license or permit reissuance and the
37 intended recipient.
38 c. In the event that a designated immediate family member does not
39 wish to engage in the commercial fishing activities authorized by such
40 license or permit, the department may permit [such person] the desig-
41 nated immediate family member to identify an alternate person to whom
42 the license or permit shall be reissued. The department is authorized to
43 adopt regulations concerning the reissuance of licenses or permits
44 pursuant to this subdivision.
45 [b.] d. The holder of a reissued license or permit shall engage in the
46 activity authorized by the license or permit within three years of the
47 reissuance date. If the license or permit holder fails to engage in such
48 activity during the three years following reissuance, the license or
49 permit shall lapse at the end of the three year period and shall not be
50 renewed unless the department, in its discretion, determines that the
51 license or permit holder's inactivity was justified by significant hard-
52 ship or unavoidable circumstances.
53 7. Commercial license apprenticeship program. The department is
54 authorized to adopt regulations establishing an apprenticeship program
55 for persons who wish to obtain a commercial crab permit pursuant to
56 section 13-0331 of this title, a commercial food fish license pursuant
S. 4278 10
1 to section 13-0335 of this title or a commercial whelk (conch) license
2 pursuant to section 13-0330 of this title. Upon successful completion of
3 the apprenticeship program, a person shall become eligible to receive a
4 commercial crab permit, commercial food fish license or a commercial
5 whelk (conch) license, as applicable, subject to the provisions of para-
6 graph [d] c of subdivision one, paragraph [d] c of subdivision three,
7 and paragraph c of subdivision four of this section, respectively.
8 § 8. This act shall take effect immediately provided that changes made
9 by section seven of this act shall take effect December 31, 2011, and
10 that any regulations necessary for the timely implementation of the
11 provisions of this act on its effective date may be promulgated on or
12 before such date.
