S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5138--A
    Cal. No. 1083

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by Sen. MARCELLINO -- (at request of the Department of Envi-
  ronmental Conservation) -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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:

  Section 1. Subdivisions 1, 2, 3, 4 and 5 of  section  13-0328  of  the
environmental conservation law, as amended by chapter 383 of the laws of
2011, are amended to read as follows:
  1.  Commercial  food  fish  licenses.  Commercial  food  fish licenses
provided for by section  13-0335  of  this  title  shall  be  issued  as
follows:
  a.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen]  NINETEEN,
the  number  of resident commercial food fish licenses and the number of
non-resident commercial food fish licenses shall not exceed the  follow-
ing annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited  to  the  number  of  licenses  issued  in two thousand [eleven]
FIFTEEN, plus fifty percent of any  difference  between  the  number  of
licenses  issued  in  two  thousand  [eleven]  FIFTEEN  and one thousand
[fifty-three] FOUR; AND
  (ii) for two thousand [thirteen] SEVENTEEN,  the  number  of  licenses
shall  be  limited  to  the  number  of  licenses issued in two thousand
[twelve] SIXTEEN, plus fifty  percent  of  any  difference  between  the
number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph[;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD09527-02-5

S. 5138--A                          2

  (iii)  for  two  thousand  fourteen,  the  number of licenses shall be
limited to the number of licenses issued in two thousand thirteen,  plus
fifty percent of any difference between the number of licenses issued in
two  thousand thirteen and the limit established in subparagraph (ii) of
this paragraph;
  (iv) for two thousand fifteen, the number of licenses shall be limited
to  the  number  of licenses issued in two thousand fourteen, plus fifty
percent of any difference between the number of licenses issued  in  two
thousand  fourteen  and  the  limit established in subparagraph (iii) of
this paragraph].
  b. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons  who  were issued a commercial food fish license in the previous
year shall be eligible to be issued such license.
  c. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the  department shall issue commercial food fish licenses to persons who
were not issued such license in the  previous  year  provided  that  the
total number of such licenses issued to such persons does not exceed the
difference  between the number of licenses established in paragraph a of
this subdivision and the number of  such  licenses  issued  pursuant  to
paragraph b of this subdivision, subject to the following:
  (i)  licenses  shall  be issued in the order in which the applications
were received, except that where multiple applications are  received  by
the  department  on the same day, applicants for whom the department has
received notice of successful completion of an  apprenticeship  pursuant
to  subdivision seven of this section shall be considered by the depart-
ment prior to other applicants;
  (ii) licenses may be issued to individuals only;
  (iii) licenses shall be issued to applicants who are sixteen years  of
age or older at the time of the application; and
  (iv)  licenses  shall  be  issued only to persons who demonstrate in a
manner acceptable to the department that they received an average of  at
least  fifteen  thousand  dollars of income over three consecutive years
from commercial fishing or  fishing,  or  who  successfully  complete  a
commercial  food  fish  apprenticeship  pursuant to subdivision seven of
this section. As used in this subparagraph, "commercial  fishing"  means
the taking and sale of marine resources including fish, shellfish, crus-
tacea  or  other marine biota and "fishing" means commercial fishing and
carrying fishing passengers for hire. Individuals who  wish  to  qualify
based  on  income  from  "fishing"  must hold a valid marine and coastal
district party and charter boat license. No more than ten percent of the
licenses issued each year based on income eligibility pursuant  to  this
paragraph  shall  be  issued to applicants who qualify based solely upon
income derived from operation of or employment by  a  party  or  charter
boat.
  2. Commercial lobster permits. Commercial lobster permits provided for
by section 13-0329 of this title shall be issued as follows:
  for the period beginning January first, two thousand [twelve] SIXTEEN,
through  December  thirty-first,  two thousand [fifteen] SEVENTEEN, only
persons who were issued a commercial lobster permit in the previous year
shall be eligible to be issued such permit.
  3. Commercial crab permits. Commercial crab permits  provided  for  by
section 13-0331 of this title shall be issued as follows:
  a.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,

S. 5138--A                          3

the number of resident commercial crab permits and the number of non-re-
sident commercial crab permits shall not  exceed  the  following  annual
limits:
  (i)  for two thousand [twelve] SIXTEEN, the number of permits shall be
limited to the  number  of  permits  issued  in  two  thousand  [eleven]
FIFTEEN,  plus  fifty  percent  of  any difference between the number of
permits issued  in  two  thousand  [eleven]  FIFTEEN  and  [six  hundred
sixteen] FIVE HUNDRED EIGHTY-TWO; AND
  (ii)  for  two  thousand  [thirteen]  SEVENTEEN, the number of permits
shall be limited to  the  number  of  permits  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of permits issued in two thousand [twelve] SIXTEEN and the  limit
established in subparagraph (i) of this paragraph[;
  (iii) for two thousand fourteen, the number of permits shall be limit-
ed  to the number of permits issued in two thousand thirteen, plus fifty
percent of any difference between the number of permits  issued  in  two
thousand thirteen and the limit established in subparagraph (ii) of this
paragraph;
  (iv)  for two thousand fifteen, the number of permits shall be limited
to the number of permits issued in two  thousand  fourteen,  plus  fifty
percent  of  any  difference between the number of permits issued in two
thousand fourteen and the limit established  in  subparagraph  (iii)  of
this paragraph].
  b.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons who were issued a commercial crab permit in  the  previous  year
shall be eligible to be issued such permit.
  c.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the department shall issue commercial crab permits to persons  who  were
not  issued  such  permit  in  the previous year provided that the total
number of such permits issued  to  such  persons  does  not  exceed  the
difference  between  the number of permits established in paragraph a of
this subdivision and the number of such permits issued pursuant to para-
graph b of this subdivision, subject to the following:
  (i) permits shall be issued in the order  in  which  the  applications
were  received,  except that where multiple applications are received by
the department on the same day, applicants for whom the  department  has
received  notice  of successful completion of an apprenticeship pursuant
to subdivision seven of this section shall be considered by the  depart-
ment prior to other applicants;
  (ii) permits may be issued to individuals only;
  (iii)  permits  shall be issued to applicants who are sixteen years of
age or older at the time of the application; and
  (iv) permits shall be issued only to  persons  who  demonstrate  in  a
manner  acceptable to the department that they received an average of at
least fifteen thousand dollars of income over  three  consecutive  years
from  commercial  fishing  or  fishing,  or who successfully complete an
apprenticeship pursuant to subdivision seven of this section. As used in
this subparagraph, "commercial fishing" means the  taking  and  sale  of
marine  resources  including  fish, shellfish, crustacea or other marine
biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
passengers  for  hire.  Individuals  who wish to qualify based on income
from "fishing" must hold a valid marine and coastal district  party  and
charter  boat  license.  No  more than ten percent of the permits issued
each year based on income eligibility pursuant to this  paragraph  shall

S. 5138--A                          4

be issued to applicants who qualify based upon income derived from oper-
ation of or employment by a party or charter boat.
  4.  Commercial  whelk  or  conch  licenses.  Commercial whelk or conch
licenses provided for by section 13-0330 of this title shall  be  issued
as follows:
  a.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the number of resident commercial whelk or conch licenses and the number
of non-resident commercial whelk or conch licenses shall not exceed  the
following annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited  to  the  number  of  licenses  issued  in two thousand [eleven]
FIFTEEN plus fifty percent of  any  difference  between  the  number  of
licenses issued in two thousand [eleven] FIFTEEN and two hundred [seven-
ty-one] SIXTY-ONE; AND
  (ii)  for  two  thousand  [thirteen] SEVENTEEN, the number of licenses
shall be limited to the  number  of  licenses  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph[;
  (iii) for two thousand fourteen,  the  number  of  licenses  shall  be
limited  to the number of licenses issued in two thousand thirteen, plus
fifty percent of any difference between the number of licenses issued in
two thousand thirteen and the limit established in subparagraph (ii)  of
this paragraph;
  (iv) for two thousand fifteen, the number of licenses shall be limited
to  the  number  of licenses issued in two thousand fourteen, plus fifty
percent of any difference between the number of licenses issued  in  two
thousand  fourteen  and  the  limit established in subparagraph (iii) of
this paragraph].
  b. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons  who  were  issued  a  commercial  whelk or conch license in the
previous year shall be eligible to be issued such license.
  c. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons  who  were not issued a commercial whelk or conch license in the
previous year shall be eligible to be issued such license provided  that
the  total  number  of  such  licenses  issued to such persons shall not
exceed the difference between the  number  of  licenses  established  in
paragraph  a  of this subdivision and the number of such licenses issued
pursuant to paragraph b of this subdivision, subject to the following:
  (i) licenses shall be issued in the order in  which  the  applications
were  received,  except that where multiple applications are received by
the department on the same day, applicants for whom the  department  has
received  notice  of successful completion of an apprenticeship pursuant
to subdivision seven of this section shall be considered by the  depart-
ment prior to other applicants;
  (ii) licenses may be issued to individuals only;
  (iii)  licenses shall be issued to applicants who are sixteen years of
age or older at the time of the application; and
  (iv) licenses shall be issued only to persons  who  demonstrate  in  a
manner  acceptable to the department that they received an average of at
least fifteen thousand dollars of income over  three  consecutive  years
from  commercial  fishing  or  fishing,  or who successfully complete an
apprenticeship pursuant to subdivision seven of this section. As used in

S. 5138--A                          5

this subparagraph, "commercial fishing" means the  taking  and  sale  of
marine  resources  including  fish, shellfish, crustacea or other marine
biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
passengers  for  hire.  Individuals  who wish to qualify based on income
from "fishing" must hold a valid marine and coastal district  party  and
charter  boat  license.  No more than ten percent of the licenses issued
each year pursuant to this paragraph shall be issued to  applicants  who
qualify  based  upon income derived from operation of or employment by a
party or charter boat.
  5. Marine and coastal district party and charter boat licenses. Marine
and coastal district party and charter boat  licenses  provided  for  by
section  13-0336  of  this title shall be issued as follows, except that
this subdivision shall not apply to the owner or  operator  of  a  party
boat  or  charter  boat  whose vessel is classified by the United States
Coast Guard as an Inspected Passenger Vessel and which  is  licensed  to
carry more than six passengers:
  a.  for  the  years  two thousand [eight] SIXTEEN through two thousand
[fifteen] SEVENTEEN, the annual number of marine  and  coastal  district
party  and  charter  boat  licenses issued shall not exceed five hundred
seventeen.
  b. for the years two thousand [eight]  SIXTEEN  through  two  thousand
[fifteen]  SEVENTEEN,  persons  who  were  issued  a  marine and coastal
district party and charter boat license in the previous  year  shall  be
eligible to be issued such license.
  c.  for  the  years  two thousand [eight] SIXTEEN through two thousand
[fifteen] SEVENTEEN, the  department  shall  issue  marine  and  coastal
district  party and charter boat licenses to persons who were not issued
such license in the previous year, provided that  the  total  number  of
licenses  issued  does not exceed five hundred seventeen, subject to the
following:
  (i) licenses shall be issued in the order in  which  the  applications
were received;
  (ii)  licenses shall be issued only to persons who hold an Uninspected
Passenger Vessel license issued by the United States Coast Guard.
  S 2. This act shall take effect December 31, 2015; provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5138--B
    Cal. No. 1083

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by Sen. MARCELLINO -- (at request of the Department of Envi-
  ronmental Conservation) -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

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:

  Section 1. Subdivisions 1, 2, 3, 4 and 5 of  section  13-0328  of  the
environmental conservation law, as amended by chapter 383 of the laws of
2011, are amended to read as follows:
  1.  Commercial  food  fish  licenses.  Commercial  food  fish licenses
provided for by section  13-0335  of  this  title  shall  be  issued  as
follows:
  a.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the number of resident commercial food fish licenses and the  number  of
non-resident  commercial food fish licenses shall not exceed the follow-
ing annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited to the number  of  licenses  issued  in  two  thousand  [eleven]
FIFTEEN,  plus  fifty  percent  of  any difference between the number of
licenses issued in  two  thousand  [eleven]  FIFTEEN  and  one  thousand
[fifty-three] FOUR; AND
  (ii)  for  two  thousand  [thirteen] SEVENTEEN, the number of licenses
shall be limited to the  number  of  licenses  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09527-05-5
              

S. 5138--B                          2

number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph[;
  (iii)  for  two  thousand  fourteen,  the  number of licenses shall be
limited to the number of licenses issued in two thousand thirteen,  plus
fifty percent of any difference between the number of licenses issued in
two  thousand thirteen and the limit established in subparagraph (ii) of
this paragraph;
  (iv) for two thousand fifteen, the number of licenses shall be limited
to the number of licenses issued in two thousand  fourteen,  plus  fifty
percent  of  any difference between the number of licenses issued in two
thousand fourteen and the limit established  in  subparagraph  (iii)  of
this paragraph].
  b.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons who were issued a commercial food fish license in  the  previous
year shall be eligible to be issued such license.
  c.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the department shall issue commercial food fish licenses to persons  who
were  not  issued  such  license  in the previous year provided that the
total number of such licenses issued to such persons does not exceed the
difference between the number of licenses established in paragraph a  of
this  subdivision  and  the  number  of such licenses issued pursuant to
paragraph b of this subdivision, subject to the following:
  (i) licenses shall be issued in the order in  which  the  applications
were  received,  except that where multiple applications are received by
the department on the same day, applicants for whom the  department  has
received  notice  of successful completion of an apprenticeship pursuant
to subdivision seven of this section shall be considered by the  depart-
ment prior to other applicants;
  (ii) licenses may be issued to individuals only;
  (iii)  licenses shall be issued to applicants who are sixteen years of
age or older at the time of the application; and
  (iv) licenses shall be issued only to persons  who  demonstrate  in  a
manner  acceptable to the department that they received an average of at
least fifteen thousand dollars of income over  three  consecutive  years
from  commercial  fishing  or  fishing,  or  who successfully complete a
commercial food fish apprenticeship pursuant  to  subdivision  seven  of
this  section.  As used in this subparagraph, "commercial fishing" means
the taking and sale of marine resources including fish, shellfish, crus-
tacea or other marine biota and "fishing" means commercial  fishing  and
carrying  fishing  passengers  for hire. Individuals who wish to qualify
based on income from "fishing" must hold  a  valid  marine  and  coastal
district party and charter boat license. No more than ten percent of the
licenses  issued  each year based on income eligibility pursuant to this
paragraph shall be issued to applicants who qualify  based  solely  upon
income  derived  from  operation  of or employment by a party or charter
boat.
  2. Commercial lobster permits. Commercial lobster permits provided for
by section 13-0329 of this title shall be issued as follows:
  for the period beginning January first, two thousand [twelve] SIXTEEN,
through December thirty-first, two thousand  [fifteen]  SEVENTEEN,  only
persons who were issued a commercial lobster permit in the previous year
shall be eligible to be issued such permit.
  3.  Commercial  crab  permits. Commercial crab permits provided for by
section 13-0331 of this title shall be issued as follows:

S. 5138--B                          3

  a. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the number of resident commercial crab permits and the number of non-re-
sident  commercial  crab  permits  shall not exceed the following annual
limits:
  (i)  for two thousand [twelve] SIXTEEN, the number of permits shall be
limited to the  number  of  permits  issued  in  two  thousand  [eleven]
FIFTEEN,  plus  fifty  percent  of  any difference between the number of
permits issued  in  two  thousand  [eleven]  FIFTEEN  and  [six  hundred
sixteen] FIVE HUNDRED EIGHTY-TWO; AND
  (ii)  for  two  thousand  [thirteen]  SEVENTEEN, the number of permits
shall be limited to  the  number  of  permits  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of permits issued in two thousand [twelve] SIXTEEN and the  limit
established in subparagraph (i) of this paragraph[;
  (iii) for two thousand fourteen, the number of permits shall be limit-
ed  to the number of permits issued in two thousand thirteen, plus fifty
percent of any difference between the number of permits  issued  in  two
thousand thirteen and the limit established in subparagraph (ii) of this
paragraph;
  (iv)  for two thousand fifteen, the number of permits shall be limited
to the number of permits issued in two  thousand  fourteen,  plus  fifty
percent  of  any  difference between the number of permits issued in two
thousand fourteen and the limit established  in  subparagraph  (iii)  of
this paragraph].
  b.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons who were issued a commercial crab permit in  the  previous  year
shall be eligible to be issued such permit.
  c.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the department shall issue commercial crab permits to persons  who  were
not  issued  such  permit  in  the previous year provided that the total
number of such permits issued  to  such  persons  does  not  exceed  the
difference  between  the number of permits established in paragraph a of
this subdivision and the number of such permits issued pursuant to para-
graph b of this subdivision, subject to the following:
  (i) permits shall be issued in the order  in  which  the  applications
were  received,  except that where multiple applications are received by
the department on the same day, applicants for whom the  department  has
received  notice  of successful completion of an apprenticeship pursuant
to subdivision seven of this section shall be considered by the  depart-
ment prior to other applicants;
  (ii) permits may be issued to individuals only;
  (iii)  permits  shall be issued to applicants who are sixteen years of
age or older at the time of the application; and
  (iv) permits shall be issued only to  persons  who  demonstrate  in  a
manner  acceptable to the department that they received an average of at
least fifteen thousand dollars of income over  three  consecutive  years
from  commercial  fishing  or  fishing,  or who successfully complete an
apprenticeship pursuant to subdivision seven of this section. As used in
this subparagraph, "commercial fishing" means the  taking  and  sale  of
marine  resources  including  fish, shellfish, crustacea or other marine
biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
passengers  for  hire.  Individuals  who wish to qualify based on income
from "fishing" must hold a valid marine and coastal district  party  and

S. 5138--B                          4

charter  boat  license.  No  more than ten percent of the permits issued
each year based on income eligibility pursuant to this  paragraph  shall
be issued to applicants who qualify based upon income derived from oper-
ation of or employment by a party or charter boat.
  4.  Commercial  whelk  or  conch  licenses.  Commercial whelk or conch
licenses provided for by section 13-0330 of this title shall  be  issued
as follows:
  a.  for  the  period  beginning  January  first, two thousand [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
the number of resident commercial whelk or conch licenses and the number
of non-resident commercial whelk or conch licenses shall not exceed  the
following annual limits:
  (i) for two thousand [twelve] SIXTEEN, the number of licenses shall be
limited  to  the  number  of  licenses  issued  in two thousand [eleven]
FIFTEEN plus fifty percent of  any  difference  between  the  number  of
licenses issued in two thousand [eleven] FIFTEEN and two hundred [seven-
ty-one] SIXTY-ONE; AND
  (ii)  for  two  thousand  [thirteen] SEVENTEEN, the number of licenses
shall be limited to the  number  of  licenses  issued  in  two  thousand
[twelve]  SIXTEEN,  plus  fifty  percent  of  any difference between the
number of licenses issued in two thousand [twelve] SIXTEEN and the limit
established in subparagraph (i) of this paragraph[;
  (iii) for two thousand fourteen,  the  number  of  licenses  shall  be
limited  to the number of licenses issued in two thousand thirteen, plus
fifty percent of any difference between the number of licenses issued in
two thousand thirteen and the limit established in subparagraph (ii)  of
this paragraph;
  (iv) for two thousand fifteen, the number of licenses shall be limited
to  the  number  of licenses issued in two thousand fourteen, plus fifty
percent of any difference between the number of licenses issued  in  two
thousand  fourteen  and  the  limit established in subparagraph (iii) of
this paragraph].
  b. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons  who  were  issued  a  commercial  whelk or conch license in the
previous year shall be eligible to be issued such license.
  c. for the period  beginning  January  first,  two  thousand  [twelve]
SIXTEEN through December thirty-first, two thousand [fifteen] SEVENTEEN,
persons  who  were not issued a commercial whelk or conch license in the
previous year shall be eligible to be issued such license provided  that
the  total  number  of  such  licenses  issued to such persons shall not
exceed the difference between the  number  of  licenses  established  in
paragraph  a  of this subdivision and the number of such licenses issued
pursuant to paragraph b of this subdivision, subject to the following:
  (i) licenses shall be issued in the order in  which  the  applications
were  received,  except that where multiple applications are received by
the department on the same day, applicants for whom the  department  has
received  notice  of successful completion of an apprenticeship pursuant
to subdivision seven of this section shall be considered by the  depart-
ment prior to other applicants;
  (ii) licenses may be issued to individuals only;
  (iii)  licenses shall be issued to applicants who are sixteen years of
age or older at the time of the application; and
  (iv) licenses shall be issued only to persons  who  demonstrate  in  a
manner  acceptable to the department that they received an average of at
least fifteen thousand dollars of income over  three  consecutive  years

S. 5138--B                          5

from  commercial  fishing  or  fishing,  or who successfully complete an
apprenticeship pursuant to subdivision seven of this section. As used in
this subparagraph, "commercial fishing" means the  taking  and  sale  of
marine  resources  including  fish, shellfish, crustacea or other marine
biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
passengers  for  hire.  Individuals  who wish to qualify based on income
from "fishing" must hold a valid marine and coastal district  party  and
charter  boat  license.  No more than ten percent of the licenses issued
each year pursuant to this paragraph shall be issued to  applicants  who
qualify  based  upon income derived from operation of or employment by a
party or charter boat.
  5. Marine and coastal district party and charter boat licenses. Marine
and coastal district party and charter boat  licenses  provided  for  by
section  13-0336  of  this title shall be issued as follows, except that
this subdivision shall not apply to the owner or  operator  of  a  party
boat  or  charter  boat  whose vessel is classified by the United States
Coast Guard as an Inspected Passenger Vessel and which  is  licensed  to
carry more than six passengers:
  a.  for  the  years  two thousand [eight] SIXTEEN through two thousand
[fifteen] SEVENTEEN, the annual number of marine  and  coastal  district
party  and  charter  boat  licenses issued shall not exceed five hundred
seventeen.
  b. for the years two thousand [eight]  SIXTEEN  through  two  thousand
[fifteen]  SEVENTEEN,  persons  who  were  issued  a  marine and coastal
district party and charter boat license in the previous  year  shall  be
eligible to be issued such license.
  c.  for  the  years  two thousand [eight] SIXTEEN through two thousand
[fifteen] SEVENTEEN, the  department  shall  issue  marine  and  coastal
district  party and charter boat licenses to persons who were not issued
such license in the previous year, provided that  the  total  number  of
licenses  issued  does not exceed five hundred seventeen, subject to the
following:
  (i) licenses shall be issued in the order in  which  the  applications
were received;
  (ii)  licenses shall be issued only to persons who hold an Uninspected
Passenger Vessel license issued by the United States Coast Guard.
  S 2. This act shall take effect December 31, 2015; provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.