Establishes a registration system for saltwater recreational fishing; repealer

Summary of provisions

Section 1 repeals Part LL of chapter 59 of the laws of 2009 which created the recreational marine fishing license.

Section 2 adds a new section to the environmental conservation law creating the free 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. Each person registering will be given a unique identification number; such unique identification number shall include a discretely embedded year code as established by the Commissioner, to account for annual registry expiration and renewal.

This Section establishes the saltwater recreational fishing registry, and states that a person may register in person at a registry agent location, or through the internet, or via a telephone number as provided by the Commissioner. An individual engaging in saltwater recreational fishing is required to have their unique identification number on their person at all times while engaging in saltwater fishing. Individual angler registration shall expire at the end of each calendar year, and shall be renewable for each subsequent year by the same means as are available for initial registration. There shall be no fees for registering.

This Section also states that those individuals under the age of sixteen and passengers on state licensed party or charter boats are exempt from having to sign up with the registry. The registry established hereby must comply with the provisions of the federal Magnuson-Stevens Fishery Conservation and Management Reauthorization Act, and upon implementation of the free registry, directs the Commissioner to apply for exempt status from federal registration requirements established thereby. Lastly, this section provides for reciprocity for anglers licensed or registered in adjacent states who

fish on the marine boundary waters between such adjacent states and New York State; these adjacent states include New Jersey, Connecticut and Rhode Island.

Section 3 provides that any person who purchased a lifetime recreational marine fishing license pursuant to the herein repealed marine recreational license law shall be refunded the full amount paid for such lifetime license, less the established fee for a single license season.

Section 4 is the effective date.

Justification

Under provisions of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act states are required to provide certain background data on individuals who partake in recreational saltwater fishing, primarily for the purpose of estimating numbers of fish landed in each state on an annual basis. Those states that do not comply with these provisions will be mandated to require their resident recreational saltwater fisherman to purchase a license from the Federal Government. States can avoid this mandate by providing individual participating marine angler information to the federal fisheries management authorities. As part of the 2009 budget a New York state recreational marine fishing license was created which required marine recreational anglers to purchase a license from New York if they wished to participate in recreational saltwater fishing. The Federal Government does not require individuals be licensed, only that each state provide certain identifying and contact information for its marine anglers. other states have taken the step of creating a free registry for recreational saltwater fishermen. New York should follow this model of creating a free registration model. This legislation seeks to repeal New York's licensure requirement while installing an angler registration model that ensures compliance with the Federal requirements, but is also free to participants.

Legislative history

New Bill.

Fiscal implications

A total of $1.2 million in fees was collected by New York State for recreational fishing licenses in 2010. In addition, $1.16 million in fees has been collected for lifetime recreational fishing licenses. Any person who purchased a lifetime license shall be refunded the amount of the lifetime fee which is in excess of the single season license fee.

Effective date

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