Relates to the regulation of commercial fishing licenses

1 Co-sponsor

• Mark Grisanti

BILL NUMBER:S5086A

Title of bill

An act to amend the environmental conservation law, in relation to commercial fishing licenses

Purpose

To extend and modify the eligibility limitations for commercial fishing licenses.

Summary of provisions

Amends ECL § 13-0328 to: (1) maintain a cap on the number of commercial food fish, crab, whelk (conch), and marine and coastal district party and charter boat licenses or permits that may be issued; (2) maintain the current moratorium on new lobster permits; (3) maintain the current eligibility requirements for commercial licenses and permits; (4) continue to allow the transfer (reissuance) of food fish and whelk licenses and lobster and crab permits to a member of the prior holder's immediate family and clarify the conditions under which such transfer takes place; and (5) continue the authority of DEC to establish an apprenticeship program.

Justification

Since ECL § 13-0328 was last amended in 2007, the number of commercial fishing licenses and permits issued has generally continued to decline as follows:

2007 2008 2009 2010

Resident Food Fish 1059 1028 1006 990 Non-Resident Food Fish 50 46 43 40 Resident Crab 605 588 589 578 Non-Resident Crab 30 30 29 28 Resident Lobster 412 384 375 337 Non-Resident Lobster 30 30 30 27 Resident Whelk 262 259 260 256 Non-Resident Whelk 12 12 12 12 Party & Charter Boat 536 530 524 501

In the opinion of DEC staff the current numbers of licenses and permits are still too high to ensure economic viability of commercial fishers, given the restrictions and limits on fishing activity required under current and foreseeable federal and interstate fishery management regulations. Accordingly, this bill would provide a mechanism for their further reduction over the next four years. The maximum number of party and charter boat licenses that may be issued to uninspected passenger vessels would remain at 517. Further, a moratorium on new commercial lobster permits would continue because of significantly excess harvesting capacity and current lobster management regulations do not provide for issuance of the required lobster trap tags to any new persons. The substantial decline in lobster abundance that has resulted from episodes of mortality beginning in 1999 also supports continuing to prevent new entrants to this troubled fishery.

The eligibility and transfer provisions, and apprenticeship program, are maintained in order to uphold family and community traditions of commercial fishing, and to provide limited opportunity for new entry to individuals who show a commitment to the profession.

Legislative history

Last extended by Chapter 366 of 2007.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.