S T A T E O F N E W Y O R K
________________________________________________________________________
9312
I N S E N A T E
May 13, 2022
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
commercial food fish 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 656 of the laws of
2021, subparagraph (iv) of paragraph (c) of subdivision 1 as amended by
section 53 of part PP of chapter 56 of the laws of 2022, 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-two] TWENTY-THREE,
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 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;
(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]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15717-01-2
S. 9312 2
(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; AND
(VI) FOR TWO THOUSAND TWENTY-THREE, THE NUMBER OF LICENSES SHALL BE
LIMITED TO THE NUMBER OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF THE
PARAGRAPH.
b. for the period beginning January first, two thousand [twenty-one]
TWENTY-TWO through December thirty-first, two thousand [twenty-two]
TWENTY-THREE, 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-one]
TWENTY-TWO through December thirty-first, two thousand [twenty-two]
TWENTY-THREE, 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 estab-
lished 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 one of the veteran's
services 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 one of the veteran's services 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-one]
TWENTY-TWO, through December thirty-first, two thousand [twenty-two]
S. 9312 3
TWENTY-THREE, 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-two] TWENTY-THREE,
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 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;
(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; AND
(VI) FOR TWO THOUSAND TWENTY-THREE, THE NUMBER OF LICENSES SHALL BE
LIMITED TO THE NUMBER OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF THE
PARAGRAPH.
b. for the period beginning January first, two thousand twenty-one
through December thirty-first, two thousand [twenty-two] TWENTY-THREE,
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-one]
TWENTY-TWO through December thirty-first, two thousand [twenty-two]
TWENTY-THREE, 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 para-
graph a of this subdivision and the number of such permits issued pursu-
ant 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
S. 9312 4
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-two] TWENTY-THREE,
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;
(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; AND
(VI) FOR TWO THOUSAND TWENTY-THREE, 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-one]
TWENTY-TWO through December thirty-first, two thousand [twenty-two]
TWENTY-THREE, 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-one]
TWENTY-TWO through December thirty-first, two thousand [twenty-two]
TWENTY-THREE, 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 estab-
lished 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;
S. 9312 5
(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-one] TWENTY-TWO through two
thousand [twenty-two] TWENTY-THREE, 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-one] TWENTY-TWO through two
thousand [twenty-two] TWENTY-THREE, 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-one] TWENTY-TWO through two
thousand [twenty-two] TWENTY-THREE, 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 immediately; provided, however, the
amendments to subparagraph (iv) of paragraph (c) of subdivision 1 of
section 13-0328 of the environmental conservation law made by section
one of this act shall take effect on the same date and in the same
manner as section 53 of part PP of chapter 56 of the laws of 2022, takes
effect.
