S T A T E O F N E W Y O R K
________________________________________________________________________
9235
I N S E N A T E
May 7, 2024
___________
Introduced by Sen. MARTINEZ -- 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
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;
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05703-02-4
S. 9235 2
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.