S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2005--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Environmental Conservation -- recommitted to the Committee on Envi-
   ronmental  Conservation  in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   certain  commercial  food  fish  licenses,  commercial  crab  permits,
   commercial    whelk or   conch   licenses, marine and coastal district
   party and charter boat licenses and certain  temporary  authorizations
   for certain licenses and permits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of paragraph c of subdivision 1,  subpara-
 graph (i) of paragraph c of subdivision 3, subparagraph (i) of paragraph
 c  of subdivision 4 and subparagraph (i) of paragraph c of subdivision 5
 of section 13-0328 of the environmental conservation law, as amended  by
 chapter  306 of the laws of 2023, are amended and a new subdivision 8 is
 added to read as follows:
   (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,] WHERE THE TOTAL  NUMBER  OF  COMMERCIAL
 FOOD  FISH  LICENSE  APPLICATIONS  FROM PERSONS WHO WERE NOT ISSUED SUCH
 LICENSE IN THE PREVIOUS YEAR EXCEEDS THE NUMBER  OF  LICENSES  THAT  ARE
 AVAILABLE, THE DEPARTMENT SHALL RANDOMLY SELECT RECIPIENTS OF THE AVAIL-
 ABLE  LICENSES FROM AMONG THOSE APPLICATIONS RECEIVED BY THE FIRST BUSI-
 NESS DAY OF THE APPLICABLE LICENSE YEAR, PROVIDED  HOWEVER  THAT  APPLI-
 CANTS  SHALL  RECEIVE  ONE  EXTRA ENTRY FOR EACH PREVIOUS YEAR THAT THEY
 APPLIED FOR SUCH LICENSE AND WERE NOT SELECTED, AND 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  department  prior  to other applicants] RECEIVE ONE
 EXTRA ENTRY, AND PROVIDED FURTHER THAT THE DEPARTMENT IS  AUTHORIZED  TO
 ADOPT  REGULATIONS  TO  AMEND  OR  SUPPLEMENT  THIS  PROCESS FOR ISSUING
 COMMERCIAL FOOD FISH LICENSES;
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05703-03-4
 A. 2005--A                          2
 
   (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,] WHERE THE TOTAL  NUMBER  OF  COMMERCIAL
 CRAB PERMIT APPLICATIONS FROM PERSONS WHO WERE NOT ISSUED SUCH PERMIT IN
 THE  PREVIOUS YEAR EXCEEDS THE NUMBER OF PERMITS THAT ARE AVAILABLE, THE
 DEPARTMENT SHALL RANDOMLY SELECT RECIPIENTS  OF  THE  AVAILABLE  PERMITS
 FROM  AMONG THOSE APPLICATIONS RECEIVED BY THE FIRST BUSINESS DAY OF THE
 APPLICABLE PERMIT YEAR, PROVIDED HOWEVER THAT APPLICANTS  SHALL  RECEIVE
 ONE EXTRA ENTRY FOR EACH PREVIOUS YEAR THAT THEY APPLIED FOR SUCH PERMIT
 AND  WERE  NOT  SELECTED,  AND  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] RECEIVE ONE EXTRA ENTRY, AND PROVIDED
 FURTHER THAT THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS TO  AMEND
 OR SUPPLEMENT THIS PROCESS FOR ISSUING COMMERCIAL CRAB PERMITS;
   (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,] WHERE THE TOTAL NUMBER OF COMMERCIAL
 WHELK OR CONCH PERMIT APPLICATIONS FROM PERSONS WHO WERE NOT ISSUED SUCH
 PERMIT IN THE PREVIOUS YEAR EXCEEDS  THE  NUMBER  OF  PERMITS  THAT  ARE
 AVAILABLE, THE DEPARTMENT SHALL RANDOMLY SELECT RECIPIENTS OF THE AVAIL-
 ABLE  PERMITS  FROM AMONG THOSE APPLICATIONS RECEIVED BY THE FIRST BUSI-
 NESS DAY OF THE APPLICABLE PERMIT YEAR, PROVIDED HOWEVER THAT APPLICANTS
 SHALL RECEIVE ONE EXTRA ENTRY FOR EACH PREVIOUS YEAR THAT  THEY  APPLIED
 FOR  SUCH  PERMIT  AND  WERE  NOT  SELECTED, AND applicants for whom the
 department has received notice of successful completion  of  an  appren-
 ticeship pursuant to subdivision seven of this section shall [be consid-
 ered  by  the  department  prior  to other applicants] RECEIVE ONE EXTRA
 ENTRY, AND PROVIDED FURTHER THAT THE DEPARTMENT IS AUTHORIZED  TO  ADOPT
 REGULATIONS  TO  AMEND OR SUPPLEMENT THIS PROCESS FOR ISSUING COMMERCIAL
 WHELK OR CONCH PERMITS;
   (i) [licenses shall be issued in the order in which  the  applications
 were  received]  WHERE  THE  TOTAL NUMBER OF MARINE AND COASTAL DISTRICT
 PARTY AND CHARTER BOAT LICENSE APPLICATIONS FROM PERSONS  WHO  WERE  NOT
 ISSUED  SUCH LICENSE IN THE PREVIOUS YEAR EXCEEDS THE NUMBER OF LICENSES
 THAT ARE AVAILABLE, THE DEPARTMENT SHALL RANDOMLY SELECT  RECIPIENTS  OF
 THE  AVAILABLE  LICENSES  FROM  AMONG THOSE APPLICATIONS RECEIVED BY THE
 FIRST BUSINESS DAY OF THE APPLICABLE LICENSE YEAR, PROVIDED HOWEVER THAT
 APPLICANTS SHALL RECEIVE ONE EXTRA ENTRY FOR  EACH  PREVIOUS  YEAR  THAT
 THEY  APPLIED  AND  WERE  NOT  SELECTED,  AND  PROVIDED FURTHER THAT THE
 DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS  TO  AMEND  OR  SUPPLEMENT
 THIS  PROCESS  FOR ISSUING MARINE AND COASTAL DISTRICT PARTY AND CHARTER
 BOAT LICENSES;
   8. TEMPORARY AUTHORIZATION. IN THE EVENT OF A TEMPORARY  EMERGENCY,  A
 LICENSEE  OR PERMITTEE MAY PROVIDE WRITTEN AUTHORIZATION FOR A PERSON TO
 TEMPORARILY UNDERTAKE ANY  LICENSED  ACTIVITIES  ON  THE  LICENSEE'S  OR
 PERMITTEE'S  BEHALF.  SUCH AUTHORIZATION SHALL NOT BE EFFECTIVE UNTIL IT
 HAS BEEN APPROVED BY THE DEPARTMENT. A COPY  OF  SUCH  WRITTEN  AUTHORI-
 ZATION  SHALL  BE  FILED  WITH  THE DEPARTMENT, AND THE DEPARTMENT SHALL
 DETERMINE WHAT CONSTITUTES A TEMPORARY  EMERGENCY  AND  THE  APPROPRIATE
 MAXIMUM  DURATION  OF  A  TEMPORARY  EMERGENCY  FOR THE PURPOSES OF THIS
 SUBDIVISION.   THE DEPARTMENT IS  AUTHORIZED  TO  ADOPT  REGULATIONS  TO
 ESTABLISH REQUIREMENTS FOR THIS PROGRAM.
   § 2. This act shall take effect immediately.