S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7547--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2021
                                ___________
 
 Introduced  by M. of A. THIELE, GRIFFIN -- read once and referred to the
   Committee on Environmental Conservation -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   permitting  kelp  cultivation  in  underwater  lands at Gardiner's and
   Peconic bays and commercial fishing licenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  state of New York has made a
 significant investment in combating nitrogen  pollution,  low  dissolved
 oxygen,  harmful  algal  blooms  and  a  variety  of other water quality
 impairments that threaten our coastal waters  and  fisheries  and  human
 health.
   Kelp,  which  is native to New York waters, plays an important role in
 the fight to restore the health of our waterways. Kelp acts as a natural
 sink for carbon and nitrogen in our bays while increasing oxygen  levels
 and  reducing  acidification.  Kelp serves as a natural habitat for fish
 and shellfish in the state's waters. As  New  York  continues  to  fight
 climate  change  and  nitrogen  pollution,  sustainable kelp farming can
 provide substantial environmental benefits for the state.  Kelp  farming
 has  a  very low environmental impact footprint, requiring no additional
 water or fertilizer use, but yields a valuable product.
   In addition to the environmental benefits, there are economic benefits
 for New York state by entering the emerging kelp farming market. Kelp is
 an edible and nutritious food with a growing market. It is also utilized
 in cosmetic and personal care products and used in fertilizer and animal
 feed.
   States including Connecticut, Massachusetts, Maine, and  Rhode  Island
 have   already  established  kelp  and  commercial  seaweed  aquaculture
 programs. In New York, there is an opportunity to promote this  industry
 by providing access for kelp aquaculture to state owned underwater lands
 ceded to Suffolk County.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11095-04-1

 A. 7547--A                          2
 
   The cultivation of kelp is a growing industry with significant econom-
 ic,  health,  and  environmental  benefits. The enactment of this legis-
 lation would promote kelp aquaculture in Gardiner's  and  Peconic  Bays,
 create  economic  benefits  in New York state, and restore water quality
 and fish habitat in the state's waterways.
   §  2.  Section 13-0302 of the environmental conservation law, as added
 by chapter 425 of the laws of 2004, subdivision 10 as added  by  chapter
 322 of the laws of 2016, is amended to read as follows:
 § 13-0302. Lands underwater of Gardiner's and Peconic bays.
   1.  Underwater  lands ceded to county of Suffolk. All the right, title
 and interest in which the people of the state of New York have in and to
 the lands under water of Gardiner's and Peconic bays in  the  county  of
 Suffolk,  except  underwater  lands within one thousand feet of the high
 water mark is hereby ceded to such county, for the purposes of shellfish
 OR KELP cultivation, to  be  managed  and  controlled  by  such  county,
 provided that such lands shall revert to the state when they shall cease
 to  be used for shellfish cultivation. For the purposes of this section,
 the term  "Gardiner's  and  Peconic  bays"  shall  mean  the  waters  of
 Gardiner's  and  Peconic  bays  and  the tributaries thereof between the
 westerly shore of Great Peconic bay and an easterly  line  running  from
 the  most easterly point of Plum island to Goff point at the entrance of
 Napeague harbor.
   2. Ratification. The grant of lands under the waters of Gardiner's and
 Peconic bays, by the commissioners of  shell  fisheries,  in  accordance
 with  the  provisions  of  chapter  385 of the laws of 1884, as amended,
 subsequently held and used  by  the  grantees,  heirs,  successors,  and
 assigns  on  which  all taxes and assessments have been paid, are hereby
 ratified and confirmed. Any underwater lands in Gardiner's  and  Peconic
 Bays  previously  granted  that  revert  or  escheat to the state or are
 subject to tax deed by the county of Suffolk shall be available  to  the
 county  for leasing pursuant to this section. All other lands under such
 waters, which pursuant to such chapters, have escheated or  reverted  to
 the  state,  are  hereby ceded to Suffolk county for the purposes of the
 cultivation of shellfish, subject to existing  valid  grants  and  ease-
 ments;  provided  however,  that nothing in this section shall interfere
 with the right of the commissioner of general services  to  grant  lands
 and easements under water to owners of adjacent uplands, pursuant to the
 provisions  of  the public lands law, or of the legislature to make such
 grants without regard to upland ownership, and to  grant  franchises  to
 utilities,  municipalities  and governmental, educational, or scientific
 bodies for cables, outfalls,  ecological  studies,  and  experimentation
 with controlled marine life.
   3.  Leases  FOR  SHELLFISH CULTIVATION. Suffolk county may lease lands
 under water ceded to it by the state for the purpose of shellfish culti-
 vation. Provided if no such leases have been executed by December  thir-
 ty-first,  two  thousand  ten,  such authority to lease pursuant to this
 section shall terminate.
   a. Leases may be issued only  within  areas  designated  as  shellfish
 cultivation  zones  on  a map or maps to be prepared and approved by the
 county of Suffolk.
   b. No lease shall be granted except upon written application on  forms
 furnished  by the county of Suffolk, and properly executed and signed by
 the applicant.
   c. Before a lease is approved, notice shall be provided for  at  least
 two  months  by posting such notice at the bureau of marine resources in
 the department, the office of the county clerk, and the  office  of  the

 A. 7547--A                          3
 
 town  clerk  in  which  all  or  any  part of the lands to be leased are
 located.  Such notice shall also be published in the official  newspaper
 of  the  county.  The  notice  shall include the name of the lessee, the
 boundaries  of  the  lease,  and  the  area  of the lease. A copy of the
 proposed lease shall be available for public inspection and  copying  in
 the office of the county clerk.
   4.  Establishment  of  shellfish  cultivation zones. Before leasing or
 using the lands hereby ceded to it, the county of Suffolk shall cause an
 accurate survey to be made of such lands,  and  a  map  or  maps  to  be
 prepared  therefrom.  Such  map or maps shall establish shellfish culti-
 vation zones within Gardiner's and Peconic bays. Such map or maps  shall
 be  approved by local law. After such map or maps have been adopted, the
 county shall have the authority to issue  leases  for  shellfish  culti-
 vation  within the shellfish cultivation zones, as provided herein. Such
 map or maps shall be updated by the county of Suffolk every five years.
   a. Underwater lands within one thousand feet of the  high  water  mark
 shall not be included in a shellfish cultivation zone.
   b.  Underwater  lands  where  bay  scallops are produced regularly and
 harvested on a commercial basis shall not be  included  in  a  shellfish
 cultivation zone.
   c.  Underwater lands where there is an indicated presence of shellfish
 in sufficient quantity and quality and so located as to support  signif-
 icant  hand  raking and/or tonging harvesting shall not be included in a
 shellfish cultivation zone.
   d. Underwater lands where the leasing will  result  in  a  significant
 reduction  of  established  commercial  finfish  or crustacean fisheries
 shall not be included in a shellfish cultivation zone.
   5. Regulations FOR SHELLFISH CULTIVATION. The county shall,  by  local
 law, before leasing any such underwater lands, adopt regulations govern-
 ing:
   a. applications for leases;
   b. notices to be given;
   c. the form and terms of leases;
   d. standards for the approval or denial of leases;
   e. administration of leases;
   f. the transfer or renewal of leases;
   g. marking grounds and testing;
   h. fees;
   i. recording of leases;
   j. bonds; and
   k. such other matters as are appropriate to the leasing program.
   6.  Department  authority  OVER SHELLFISH CULTIVATION. Notwithstanding
 any of the provisions of this section:
   a. any person engaging in the cultivation or harvesting  of  shellfish
 in  a shellfish cultivation zone pursuant to this section shall obtain a
 permit in accordance with section 13-0316 of this title; and
   b. the department shall regulate and control the use of certain  types
 of  vessels  and  equipment  for  harvesting shellfish, requirements for
 reseeding, the right to enter upon such leased lands  for  reseeding  or
 making  shellfish  population  surveys, and enforce all other applicable
 state laws relating to said underwater lands.
   7. LEASES FOR KELP CULTIVATION.
   A. SUFFOLK COUNTY MAY LEASE LANDS UNDER WATER CEDED TO IT BY THE STATE
 FOR THE PURPOSE OF KELP CULTIVATION, PROVIDED IF  NO  SUCH  LEASES  HAVE
 BEEN  EXECUTED  BY  DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-ONE, SUCH
 AUTHORITY TO LEASE PURSUANT TO THIS  SECTION  SHALL  TERMINATE.  NOTHING

 A. 7547--A                          4

 SHALL  PRECLUDE  THE  COUNTY FROM ISSUING A SINGLE LEASE TO AN APPLICANT
 FOR BOTH SHELLFISH AND KELP, PROVIDED THAT THE APPLICATION COMPLIES WITH
 ALL THE REQUIREMENTS OF THIS SECTION. FOR THE PURPOSES OF THIS  SECTION,
 "KELP"  MEANS  ANY  OF  THE  BROWN SEAWEEDS OF THE ORDER OF LAMINARIALES
 APPROVED BY THE COMMISSIONER FOR CULTIVATION IN THE WATERS OF GARDINER'S
 AND PECONIC BAYS.
   B. LEASES MAY BE ISSUED ONLY WITHIN AREAS DESIGNATED  AS  KELP  CULTI-
 VATION  ZONES ON A MAP OR MAPS TO BE PREPARED AND APPROVED BY THE COUNTY
 OF SUFFOLK.
   C. NO LEASE SHALL BE GRANTED, EXCEPT UPON WRITTEN APPLICATION ON FORMS
 FURNISHED BY THE COUNTY OF SUFFOLK, AND PROPERLY EXECUTED AND SIGNED  BY
 THE APPLICANT.
   D.  BEFORE  A LEASE IS APPROVED, NOTICE SHALL BE PROVIDED FOR AT LEAST
 TWO MONTHS BY POSTING SUCH NOTICE AT THE BUREAU OF MARINE  RESOURCES  IN
 THE  DEPARTMENT,  THE  OFFICE OF THE COUNTY CLERK, AND THE OFFICE OF THE
 TOWN CLERK IN WHICH ALL OR ANY PART  OF  THE  LANDS  TO  BE  LEASED  ARE
 LOCATED.   SUCH NOTICE SHALL ALSO BE PUBLISHED IN THE OFFICIAL NEWSPAPER
 OF THE COUNTY. THE NOTICE SHALL INCLUDE THE  NAME  OF  THE  LESSEE,  THE
 BOUNDARIES  OF  THE  LEASE,  AND  THE  AREA  OF THE LEASE. A COPY OF THE
 PROPOSED LEASE SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND  COPYING  IN
 THE OFFICE OF THE COUNTY CLERK.
   E.  BEFORE  LEASING  OR  USING  THE  LANDS HEREBY CEDED TO IT FOR KELP
 CULTIVATION, THE COUNTY OF SUFFOLK SHALL CAUSE AN ACCURATE SURVEY TO  BE
 MADE OF SUCH LANDS, AND A MAP OR MAPS TO BE PREPARED THEREFROM. SUCH MAP
 OR  MAPS  SHALL  ESTABLISH  KELP CULTIVATION ZONES WITHIN GARDINER'S AND
 PECONIC BAYS. SUCH MAP OR MAPS SHALL BE APPROVED  BY  LOCAL  LAW.  AFTER
 SUCH  MAP OR MAPS HAVE BEEN ADOPTED, THE COUNTY SHALL HAVE THE AUTHORITY
 TO ISSUE LEASES FOR KELP CULTIVATION WITHIN THE KELP CULTIVATION  ZONES,
 AS  PROVIDED  HEREIN. SUCH MAP OR MAPS SHALL BE UPDATED BY THE COUNTY OF
 SUFFOLK EVERY FIVE YEARS.
   F. UNDERWATER LANDS WITHIN ONE THOUSAND FEET OF THE  HIGH  WATER  MARK
 SHALL NOT BE INCLUDED IN A KELP CULTIVATION ZONE.
   G.  UNDERWATER  LANDS  WHERE  BAY  SCALLOPS ARE PRODUCED REGULARLY AND
 HARVESTED ON A COMMERCIAL BASIS SHALL NOT BE INCLUDED IN A  KELP  CULTI-
 VATION ZONE.
   H.  UNDERWATER LANDS WHERE THERE IS AN INDICATED PRESENCE OF SHELLFISH
 IN SUFFICIENT QUANTITY AND QUALITY AND SO LOCATED AS TO SUPPORT  SIGNIF-
 ICANT  HAND  RAKING AND/OR TONGING HARVESTING SHALL NOT BE INCLUDED IN A
 KELP CULTIVATION ZONE.
   I. UNDERWATER LANDS WHERE THE LEASING WILL  RESULT  IN  A  SIGNIFICANT
 REDUCTION  OF  ESTABLISHED  COMMERCIAL  FINFISH  OR CRUSTACEAN FISHERIES
 SHALL NOT BE INCLUDED IN A KELP CULTIVATION ZONE.
   J. THE COUNTY SHALL, BY LOCAL LAW, BEFORE LEASING ANY SUCH  UNDERWATER
 LANDS, ADOPT REGULATIONS GOVERNING:
   (I) APPLICATIONS FOR LEASES;
   (II) NOTICES TO BE GIVEN;
   (III) THE FORM AND TERMS OF LEASES;
   (IV) STANDARDS FOR THE APPROVAL OR DENIAL OF LEASES;
   (V) ADMINISTRATION OF LEASES;
   (VI) THE TRANSFER OR RENEWAL OF LEASES;
   (VII) MARKING GROUNDS AND TESTING;
   (VIII) FEES;
   (IX) RECORDING OF LEASES;
   (X) BONDS; AND
   (XI) SUCH OTHER MATTERS AS ARE APPROPRIATE TO THE LEASING PROGRAM.
   K. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION:

 A. 7547--A                          5
 
   (I)  ANY PERSON ENGAGING IN THE CULTIVATION OR HARVESTING OF KELP IN A
 KELP CULTIVATION ZONE PURSUANT TO THIS SECTION SHALL OBTAIN ALL  PERMITS
 REQUIRED BY THIS CHAPTER;
   (II)  THE  DEPARTMENT  SHALL  REGULATE  AND CONTROL THE USE OF CERTAIN
 TYPES OF VESSELS AND EQUIPMENT FOR  HARVESTING  KELP,  REQUIREMENTS  FOR
 RESEEDING,  THE  RIGHT  TO ENTER UPON SUCH LEASED LANDS, AND ENFORCE ALL
 OTHER APPLICABLE STATE LAWS RELATING TO SAID UNDERWATER LANDS; AND
   (III) ANY PERSON ENGAGING IN THE CULTIVATION OR HARVESTING OF KELP  IN
 A  KELP CULTIVATION ZONE PURSUANT TO THIS SECTION SHALL RECEIVE APPROVAL
 FROM THE COMMISSIONER.
   8. Duties of the county clerk. Leases issued pursuant to this  section
 shall  be  recorded  in the office of the county clerk in the manner and
 form to be determined by local law as provided in  subdivision  five  of
 this section.
   [8.]  9.  Summary proceedings. Upon the failure of a lessee to pay the
 rental on any date due under the terms of the lease or  upon  revocation
 as  provided  for  by local law pursuant to subdivision five OR SEVEN of
 this section, the county may, after written notice to the lessee declare
 the lease cancelled as of the date set forth in  such  notice,  and  may
 immediately  thereafter evict the lessee from such lands. The provisions
 of article seven of the real property actions and proceedings law  shall
 apply and govern the procedure in such case.
   [9.]  10.  Disposition  of fees and rents. All fees and rents received
 shall be deposited into the general fund of the county. However, in  the
 alternative, nothing shall prohibit the county of Suffolk, by local law,
 from  establishing a special fund for the promotion of aquaculture where
 such fees and rents shall be deposited.
   [10. Suffolk county shall be authorized to allow the underwater  lands
 at  Gardiner's and Peconic Bays within the shellfish cultivation zone to
 be used for the implementation of a pilot program  to  conduct  research
 and  scientific  assessment  of  the feasibility of seaweed cultivation.
 Such pilot program shall be limited to  persons  holding  a  lease  from
 Suffolk county for shellfish cultivation and shall be limited to a total
 of  five acres of such cultivation zone provided that any one person may
 be authorized to conduct seaweed cultivation on no more than one acre of
 the lease. Suffolk county shall provide a report to the legislature  and
 the  department  on  the  pilot program no later than January first, two
 thousand twenty-six.]
   § 3. Subdivisions 1, 2, 3, 4 and 5 of section 13-0328 of the  environ-
 mental  conservation  law, subdivision 1 as amended by chapter 21 of the
 laws of 2019, paragraphs a and b and the opening paragraph of  paragraph
 c  of  subdivision  1  as amended by section 1 of item R of subpart A of
 part XXX of chapter 58 of the laws of 2020, subparagraph (iv)  of  para-
 graph  c of subdivision 1 as amended by chapter 490 of the laws of 2019,
 and subdivisions 2, 3, 4 and 5 as amended by section  2  of  item  R  of
 subpart  A of part XXX of chapter 58 of the laws of 2020, 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 [twenty-one] TWENTY-TWO, 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:

 A. 7547--A                          6
 
   (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;
   (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;
   (iii) for two thousand twenty, the number of licenses shall be limited
 to the number of licenses established in subparagraph (i) of this  para-
 graph; [and]
   (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; AND
   (V)  FOR  TWO  THOUSAND  TWENTY-TWO,  THE  NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   b. for the period beginning January first, two thousand [twenty] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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 [twenty] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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.  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 (1) has received an honorable or general  discharge,  or  (2)
 has a qualifying condition, as defined in section three hundred fifty of

 A. 7547--A                          7
 
 the  executive  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or (3) is a discharged LGBT  veteran,
 as  defined in section three hundred fifty of the executive law, and has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, 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 [twenty]  TWENTY-
 ONE,   through   December   thirty-first,   two   thousand  [twenty-one]
 TWENTY-TWO, 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 [twenty-one] TWENTY-TWO, 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;
   (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;
   (iii)  for two thousand twenty, the number of permits shall be limited
 to the number of permits established in subparagraph (i) of  this  para-
 graph; [and]
   (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; AND
   (V)  FOR  TWO  THOUSAND  TWENTY-TWO,  THE  NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   b. for the period beginning January first, two thousand [twenty] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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 [twenty] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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

 A. 7547--A                          8
 
   (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 [twenty-one] TWENTY-TWO, 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;
   (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;
   (iii) for two thousand twenty, the number of licenses shall be limited
 to the number of licenses established in subparagraph (i) of this  para-
 graph; [and]
   (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; AND
   (V)  FOR  TWO  THOUSAND  TWENTY-TWO,  THE  NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   b. for the period beginning January first, two thousand [twenty] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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 [twenty] TWEN-
 TY-ONE  through December thirty-first, two thousand [twenty-one] TWENTY-
 TWO, 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;

 A. 7547--A                          9
 
   (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 [twenty] TWENTY-ONE through two thousand
 [twenty-one]  TWENTY-TWO,  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 [twenty] TWENTY-ONE through two thousand
 [twenty-one]  TWENTY-TWO,  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 [twenty] TWENTY-ONE through two thousand
 [twenty-one]  TWENTY-TWO,  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.
   §  4.  If any clause, sentence, paragraph, section or part of this act
 shall be adjudged by any court of competent jurisdiction to be  invalid,
 such judgment shall not affect, impair or invalidate the remainder ther-
 eof,  but  shall  be  confined in its operation to the clause, sentence,
 paragraph, section or part thereof directly involved in the  controversy
 in which such judgment shall have been rendered.
   §  5. This act shall take effect immediately; provided that the amend-
 ments to subdivision 10 of section 13-0302 of the environmental  conser-
 vation  law  made by section two of this act shall not affect the repeal
 of such subdivision and shall be deemed repealed therewith; and provided
 that the amendments to section 13-0328 of the environmental conservation
 law made by section three of this act shall  take  effect  December  31,
 2021.