STATE OF NEW YORK
________________________________________________________________________
9312
IN SENATE
May 13, 2022
___________
Introduced by Sen. HINCHEY -- 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
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
S. 9312 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]
S. 9312 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
S. 9312 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;
S. 9312 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.
