Establishes a registration system for saltwater recreational fishing; repealer

6 Co-sponsors

• Ginny Fields
• Audrey Pheffer
• Harvey Weisenberg
• Marc Alessi
• Fred Thiele
• Michelle Schimel

4 Multi-sponsors

• Phil Boyle
• Michael J. Fitzpatrick
• Rory Lancman
• Joseph Saladino

BILL NUMBER:A9234

Title of bill

An act to amend the environmental conservation law, in relation to establishing a registration system for saltwater recreational fishing; and to repeal part LL of chapter 59 of the laws of 2009 amending the environmental conservation law, relating to recreational marine fishing licenses, relating thereto

Purpose

This legislation repeals New York's recreational marine fishing license and replaces it with a free registration model compliant with federal requirements.

Summary of provisions

Section one repeals part LL of the Chapter 59 of the Laws of 2009 which created the recreational marine fishing license.

Section two adds a new section to environmental conservation law creating the saltwater recreational fishing registry. The Commissioner shall create a registry of persons who engage in saltwater recreational fishing. The registry will contain the name, address, date of birth and telephone number for each individual. Further, each person registering will be given a unique identification number. This section further states that a person may register through the Internet or via a telephone number as provided by the Commissioner. This section further requires an individual engaging in saltwater fishing to have their unique identification number on their person at all times while engaging in saltwater fishing. This section also states that there shall be no fee for registering. This section also states that those individuals under the age of sixteen and passengers on party or charter boats are exempt from having to sign up with the registry. This section further requires that the state comply with the provisions of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act and one applicable that the Commissioner apply for exempt status.

Section three contains the effective date.

Justification

In 2006, President Bush signed into law a re-authorization of the Magnuson-Stevens Fishery Conservation and Management Act. The law contained a provision requiring the creation of a federal registry program for recreational saltwater anglers, including the registration of individuals (identification and contact information) and fishing vessels.

The federal law mandates that beginning in 2010, all anglers fishing in coastal waters must register with the federal government unless states implement their own appropriate registries. The fees for the proposed National Marine Fisheries Services Saltwater Angler Registry, which will impact states that do not implement their own saltwater license, range from $15 to $25. Revenues from this registry would go into federal coffers and would not be directed toward marine resource management.

The Magnuson-Stevens act specified that anglers in a state could be exempted from registration under the federal program if the information from a state program is suitable for the completion of federal marine recreational fisheries statistical surveys, or for

evaluating the effects of proposed conservation and management measures for marine recreational fisheries.

The 2009-10 state budget, as proposed by the Governor, created a New York State recreational marine Fishing license with a fee or $10.00 per angler.

This legislation would repeal the license fee and establish a registry that is free and satisfies federal requirements.

Fiscal implications

De minimis.

Effective date

This act shall effect on the one hundred eightieth day after it shall have become law.