S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11040
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Subdivisions 1, 2, 3, 4 and 5 of  section  13-0328  of  the
 environmental conservation law, as amended by chapter 225 of the laws of
 2017, 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 eighteen
 through December thirty-first, two  thousand  [eighteen]  NINETEEN,  the
 number  of resident commercial food fish licenses and the number of non-
 resident commercial food fish licenses shall not  exceed  the  following
 annual limits:
   (I) for two thousand eighteen, the number of licenses shall be limited
 to  the  number of licenses issued in two thousand seventeen, plus fifty
 percent of any difference between the number of licenses issued  in  two
 thousand seventeen and nine hundred sixty-nine[.]; AND
   (II) FOR TWO THOUSAND NINETEEN, THE NUMBER OF LICENSES SHALL BE LIMIT-
 ED  TO  THE  NUMBER  OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH.
   b. for the period  beginning  January  first,  two  thousand  eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, 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  eighteen
 through  December  thirty-first,  two  thousand [eighteen] NINETEEN, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14408-05-8

 A. 11040                            2
 
 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.  For the income evaluation of this subdivision, the department may
 consider persons who would otherwise be eligible but for  having  served
 in  the  United  States  armed forces on active duty, provided that such
 individual has received an honorable or general discharge, shall not  be
 deemed ineligible.
   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 eighteen, through
 December  thirty-first,  two  thousand [eighteen] NINETEEN, 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  eighteen
 through  December  thirty-first,  two  thousand [eighteen] NINETEEN, the
 number of resident commercial crab permits and the number  of  non-resi-
 dent  commercial  crab  permits  shall  not  exceed the following annual
 limits:
   (I) for two thousand eighteen, the number of permits shall be  limited
 to  the  number  of permits issued in two thousand seventeen, plus fifty
 percent of any difference between the number of permits  issued  in  two
 thousand seventeen and five hundred sixty-three[.]; AND
   (II) FOR TWO THOUSAND NINETEEN, THE NUMBER OF PERMITS SHALL BE LIMITED
 TO  THE  NUMBER OF PERMITS ESTABLISHED IN SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH.
   b. for the period  beginning  January  first,  two  thousand  eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, persons
 who  were  issued a commercial crab permit in the previous year shall be
 eligible to be issued such permit.

 A. 11040                            3
 
   c. for the period  beginning  January  first,  two  thousand  eighteen
 through  December  thirty-first,  two  thousand [eighteen] NINETEEN, 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  subdi-
 vision  and the number of such permits issued pursuant to paragraph 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
 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 eighteen
 through December thirty-first, two  thousand  [eighteen]  NINETEEN,  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 eighteen, the number of licenses shall be limited
 to  the  number  of licenses issued in two thousand seventeen plus fifty
 percent of any difference between the number of licenses issued  in  two
 thousand seventeen and two hundred fifty-two[.]; AND
   (II) FOR TWO THOUSAND NINETEEN, THE NUMBER OF LICENSES SHALL BE LIMIT-
 ED  TO  THE  NUMBER  OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH.
   b. for the period  beginning  January  first,  two  thousand  eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, 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 eighteen
 through December thirty-first, two thousand [eighteen] NINETEEN, 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

 A. 11040                            4
 
 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
 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 [seventeen] EIGHTEEN through  two  thou-
 sand  [eighteen]  NINETEEN,  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 [seventeen] EIGHTEEN through two thou-
 sand [eighteen] NINETEEN, 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 [seventeen] EIGHTEEN through  two  thou-
 sand  [eighteen] NINETEEN, 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.
   §  2.  This act shall take effect December 31, 2018, provided that any
 regulations necessary for the timely implementation of the provisions of
 this act on its effective date may be  promulgated  on  or  before  such
 date.