S T A T E O F N E W Y O R K
________________________________________________________________________
6250
2009-2010 Regular Sessions
I N S E N A T E
October 28, 2009
___________
Introduced by Sen. FOLEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
establishing a registration system for saltwater recreational fishing;
and to repeal part LL of chapter 59 of the laws of 2009 amending the
environmental conservation law, relating to recreational marine fish-
ing licenses, relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Part LL of chapter 59 of the laws of 2009, amending the
environmental conservation law relating to recreational marine fishing
licenses, is REPEALED.
S 2. The environmental conservation law is amended by a adding a new
section 13-0355 to read as follows:
S 13-0355. SALTWATER RECREATIONAL FISHING REGISTRY.
1. DEFINITIONS OF REGISTRATION; PRIVILEGES. REGISTRATION WITH THE
SALTWATER RECREATIONAL FISHING REGISTRY ENTITLES THE PERSON SO REGIS-
TERED WHO IS SIXTEEN YEARS OF AGE OR OLDER TO TAKE FISH FROM THE WATERS
OF THE MARINE AND COASTAL DISTRICT AND TO TAKE MIGRATORY FISH OF THE SEA
FROM ALL WATERS OF THE STATE, EXCEPT AS PROVIDED IN SECTIONS 13-0333 AND
13-0335 OF THIS TITLE.
2. SALTWATER RECREATIONAL FISHING REGISTRY ESTABLISHED. THE COMMIS-
SIONER SHALL ADMINISTER AND MAINTAIN A REGISTRY OF PERSONS WHO ENGAGE IN
SALTWATER RECREATIONAL FISHING. THE COMMISSIONER MAY DESIGNATE BY RULE
THE METHODS OF FISHING OR THE SALTWATER AREAS FOR WHICH REGISTRATION IS
REQUIRED UNDER THIS SECTION. THE REGISTRY MUST CONTAIN THE NAME,
ADDRESS, DATE OF BIRTH AND TELEPHONE NUMBER FOR EACH PERSON REGISTERED.
EACH PERSON REGISTERED SHALL BE ASSIGNED A UNIQUE IDENTIFICATION NUMBER.
3. REGISTRY PROCEDURES. A PERSON MAY REGISTER TO ENGAGE IN SALTWATER
RECREATIONAL FISHING THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION
SYSTEM OR A PUBLICLY ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM OPERATED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14936-01-9
S. 6250 2
BY THE DEPARTMENT. THE COMMISSIONER SHALL ALLOW A PERSON TO REGISTER ON
THE REGISTRY THROUGH THE DEPARTMENT WEBSITE. THE COMMISSIONER SHALL
ESTABLISH A TOLL-FREE TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO
REGISTER ON THE REGISTRY. A PERSON PURCHASING A FISHING LICENSE UNDER
SECTION 11-0701 OF THIS CHAPTER MUST BE ASKED IF THE PERSON INTENDS TO
FISH IN SALT WATER FOR THE CALENDAR YEAR. IF THE PERSON ANSWERS IN THE
AFFIRMATIVE, THE PERSON MUST BE INFORMED OF THE REQUIREMENTS UNDER THIS
SECTION.
4. UNIQUE IDENTIFICATION NUMBER REQUIRED. A. EACH PERSON REGISTERED
SHALL AT ALL TIMES HAVE THEIR UNIQUE IDENTIFICATION NUMBER ON THE HOLD-
ER'S PERSON WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION.
B. FAILURE TO HAVE A UNIQUE IDENTIFICATION NUMBER ON ONE'S PERSON
WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION IS PRESUMPTIVE
EVIDENCE THAT SUCH PERSON IS FISHING WITHOUT BEING REGISTERED AS
REQUIRED BY THIS SECTION.
5. FEES. A FEE FOR REGISTERING ON THE REGISTRY MAY NOT BE ESTABLISHED
OR LEVIED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON REGIS-
TERING THROUGH AN ONLINE OR TELEPHONIC REGISTRATION SYSTEM MAY NOT BE
CHARGED A FEE FOR REGISTERING.
6. EXEMPTION FROM REQUIREMENT OF SALTWATER RECREATIONAL FISHING REGIS-
TRATION. A. MINORS UNDER THE AGE OF SIXTEEN MAY TAKE FISH AS IF THEY
WERE REGISTERED WITH THE SALTWATER RECREATIONAL FISHING REGISTRY.
B. RECREATIONAL FISHING PASSENGERS ON A MARINE AND COASTAL DISTRICT
PARTY OR CHARTER BOAT LICENSED PURSUANT TO SECTION 13-0336 OF THIS TITLE
MAY TAKE FISH AS IF THEY HELD A RECREATIONAL MARINE FISHING LICENSE.
7. FEDERAL REGISTRATION REQUIREMENTS. A. THE REGISTRY ESTABLISHED
PURSUANT TO THIS SECTION SHALL COMPLY WITH THE PROVISIONS OF THE REGIS-
TRY PROGRAM TO BE ESTABLISHED PURSUANT TO THE MAGNUSON-STEVENS FISHERY
CONSERVATION AND MANAGEMENT REAUTHORIZATION ACT, 16 U.S.C. SS 1801 ET
SEQ.
B. UPON ESTABLISHMENT OF THE REGISTRY PURSUANT TO THIS SECTION, THE
COMMISSIONER SHALL APPLY TO THE NATIONAL MARINE FISHERIES SERVICE OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR EXEMPTED STATE
DESIGNATION FROM THE FEDERAL REGISTRATION REQUIREMENTS.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly, any regulations necessary for the timely implementation of this act
on its effective date are authorized to be promulgated before such date.