BILL NUMBER: S702

SPONSOR: BOYLE
 
TITLE OF BILL:

An act authorizing the department of environmental conservation to reis-
sue a commercial food fish license, commercial crab permit, and commer-
cial whelk permit to Todd Wolffert

 
PURPOSE OR GENERAL IDEA OF BILL:

To reissue Todd Wolffert a commercial food fish license, commercial crab
permit, and commercial whelk permit.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Notwithstanding any other provision of the law, rule or regu-
lation to the contrary, the department of environmental conservation is
hereby authorized to reissue the commercial food fish license obtained
pursuant to sections 13-0328 and 13-0335 of the environmental conserva-
tion law, the commercial crab permit provided for by section 13-0331 of
              

such law, and the commercial whelk permit provided for by section
13-0330 of such law to Todd Wolffert, West Islip, New York, who, for
reasons not ascribable to his own negligence, let his commercial food
fish license, commercial crab permit, and commercial whelk permit lapse
in 2015 after being diagnosed with a terminal illness, which he has
since recovered from and who has attempted to recover such license and
permits.

Section 2. All costs associated with implementing the provisions of this
act shall be borne by Todd Wolffert.

Section 3. Effective date.

 
JUSTIFICATION:

In 2014, Mr. Wolffert became ill and was told by his doctor that his
condition was terminal and that he should get his affairs in order.
During the time of his illness, his commercial fishing licenses were
allowed to lapse due to his diagnosis/prognosis. Since then, Mr.  Wolf-
fert has recovered and he would like to get his commercial fishing
licenses back.

Had he not let his commercial fish food license, commercial crab permit
and commercial whelk permit lapse, Mr. Wolffert would have been able to
renew them each year. Although Mr. Wolffert can reapply for his commer-
cial food fish license and whelk permit on January 1, 2019, issuance
without an existing license or permit is done by lottery (random
selection) and there is no assurance that he will be able to be reissued
the commercial food fish license and the commercial whelk permit. The
commercial crab permit, which could have been renewed had it not lapsed,
currently is under moratorium and new licenses are not being issued. Mr.
Wolffert began fishing on Long Island as a child and had commercial
fishing licenses as far back as 1999 until his illness.  The department
of environmental conservation is unable to make allowances to reissue
this commercial food fish license and the commercial crab and whelk
permits to Mr. Wolffert under these unfortunate circumstances. There is
a limited number of commercial fishing licenses and permits issued to

preserve and maintain the fisheries and therefore this legislation is
required.

 
PRIOR LEGISLATIVE HISTORY:

2017-19 Passed Senate on 6/6/18, Delivered to Assembly and referred to
environmental conservation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.