S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7380
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2023
                                ___________
 
 Introduced  by M. of A. THIELE -- (at request of the Department of Envi-
   ronmental Conservation) -- read once and referred 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 760 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-three] TWENTY-SIX,
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05902-01-3
              

 A. 7380                             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] THIS paragraph;
   (VII)  FOR  TWO  THOUSAND TWENTY-FOUR, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH;
   (VIII)  FOR  TWO THOUSAND TWENTY-FIVE, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH; AND
   (IX)  FOR  TWO  THOUSAND  TWENTY-SIX,  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-two]
 TWENTY-THREE through December thirty-first, two thousand  [twenty-three]
 TWENTY-SIX,  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-two]
 TWENTY-THREE  through December thirty-first, two thousand [twenty-three]
 TWENTY-SIX, 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 one of the veteran's
 services law, and has received a discharge other  than  bad  conduct  or
 A. 7380                             3

 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-two]
 TWENTY-THREE, through December thirty-first, two thousand [twenty-three]
 TWENTY-SIX, 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-three] TWENTY-SIX,
 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;
   (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] THIS paragraph;
   (VII)  FOR  TWO  THOUSAND TWENTY-FOUR, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH;
   (VIII)  FOR  TWO THOUSAND TWENTY-FIVE, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH; AND
   (IX)  FOR  TWO  THOUSAND  TWENTY-SIX,  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
 through December thirty-first, two thousand  [twenty-three]  TWENTY-SIX,
 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-two]
 TWENTY-THREE  through December thirty-first, two thousand [twenty-three]
 TWENTY-SIX, 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-
 A. 7380                             4
 
 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
 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-three] TWENTY-SIX,
 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;
   (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;
   (VII)  FOR  TWO  THOUSAND TWENTY-FOUR, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH;
 A. 7380                             5
 
   (VIII)  FOR  TWO THOUSAND TWENTY-FIVE, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH; AND
   (IX)  FOR  TWO  THOUSAND  TWENTY-SIX,  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-two]
 TWENTY-THREE through December thirty-first, two thousand  [twenty-three]
 TWENTY-SIX,  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-two]
 TWENTY-THREE  through December thirty-first, two thousand [twenty-three]
 TWENTY-SIX, 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;
   (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-two]  TWENTY-THREE  through  two
 thousand  [twenty-three]  TWENTY-SIX,  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-two]  TWENTY-THREE  through  two
 thousand [twenty-three] TWENTY-SIX, persons who were issued a marine and
 A. 7380                             6
 
 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-two] TWENTY-THREE through two
 thousand [twenty-three] TWENTY-SIX, 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.