Provides that recreational marine fishing licenses issued prior to January 1, 2010 shall be valid until December 31, 2010

17 Co-sponsors

• Harvey Weisenberg
• Marc Alessi
• Joan Christensen
• Steven Cymbrowitz
• Steven Englebright
• Ginny Fields
• Sandy Galef
• Timothy P. Gordon
• Ellen C. Jaffee
• Alan Maisel
• Audrey Pheffer
• Nelson Castro
• Michelle Schimel
• Kenneth Zebrowski
• Janele Hyer-Spencer
• Charles Lavine
• Frank Skartados

3 Multi-sponsors

• Francine DelMonte
• Aileen Gunther
• Margaret Markey

BILL NUMBER:A9240

Title of bill

An act to establish the period of validity for certain fishing licenses

Purpose

The purpose of this legislation is to extend the expiration date of saltwater fishing licenses purchased in 2009 to December 31, 2010.

Summary of provisions

Section one states that any recreational marine fishing licenses that were or are issued prior to January 1, 2010 shall be valid until December 31, 2010. Section two contains the effective date.

Justification

This legislation will extend the validity of salt water fishing licenses purchased during the last three months of 2009 until December 31st 2010. Individuals wishing to fish in the marine district were required to purchase the new salt water fishing license that began on October 1st of 2009 and will expire on December 31st 2009. It was intended that the start-up date for the new saltwater fishing license would be January 2010. This legislation will correct this situation by extending the expiration date for licenses purchased during 2009 to December 31st 2010.

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. The lees 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 further provided 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 federal Wallop-Breaux Sport Fishing Restoration Act provides funding to states to support fishing activities. The funding formula is based on a state's land and water area and the number of sporting licenses sold. The funding formula also requires the adequacy of license fees to be certified, with inadequate license fees resulting in the elimination of those licenses from the formula. States which provide free or subsidized licenses would lose federal funding. For SFY 2008-09, New York received $6 million in Wallop-Breaux funding.

The 2009-10 state budget created a New York State recreational marine fishing license priced below the cost of the federal registry and

requiring all funds collected as a result of sale of the licenses to be directed to the Marine Account in the Conservation Fund. In accordance with State Finance Law, monies in this account may only be spent for the care, management, protection and enlargement of marine fish and shellfish resources.

This legislation would clarify the intent of the legislature regarding the start date for the sale of licenses and undo the unintended and inequitable current situation of requiring the payment of the full year price for a mere three month license.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.