Relates to issuance of commercial fishing licenses

Summary of provisions

Section 1 of this bill would amend and extend Environmental Conservation Law (ECL) § 13-0328 to December 31, 2017. In doing so, the bill would: 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; 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 5) continue the authority of the Department of Environmental Conservation (DEC) to establish an apprenticeship program

Section 2 of this bill provides that the bill shall take effect December 31, 2015

Existing law

ECL § 13-0328 establishes, through December 31, 2015, cap and eligibility requirements for commercial food fish and whelk licenses, commercial crab permits and marine and coastal district party and charter boat licenses, and a moratorium on new commercial lobster permits. It also provides for 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 authorizes DEC to establish an apprenticeship program.

Legislative history

ECL § 13-0328 was last amended to extend and modify its provisions in Chapter 383 of the Laws of 2011.

Statement in support

Since ECL § 13-0328 was last amended in 2011, the number of commercial fishing licenses and permits issued has generally continued to decline as follows.

2011 2012 2013 2014* Resident Food Fish 978 969 967 913 Non-Resident Food Fish 43 38 41 40 Resident Crab 567 558 561 527 Non-Resident Crab 28 25 27 24 Resident Lobster 344 334 326 283 Non-Resident Lobster 28 27 23 17

Resident Whelk 253 251 253 234 Non-Resident Whelk 11 12 10 11 Party & Charter Boat 502 508 475 486

*As of October 10, 2014

However, 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. This bill would provide a mechanism for their further reduction over the next two years. The maximum number of party and charter boat licenses that may be issued to uninspected passenger vessels would remain at 517. Further, a complete moratorium would be maintained on commercial lobster permits, given that significantly excess harvesting capacity exists in the lobster fishery, and that 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 would also be maintained in order to uphold family and community traditions of commercial fishing, and to provide limited opportunities for new entry to individuals who show a commitment to the profession

Possible objections

No objections are expected

Other state agencies interested

None known

Known position of others

The Marine Resources Advisory Committee is expected to support further the continued reduction in the number of commercial fishing licenses and permits.

Budget implications

A continuing reduction in the number of commercial fishing licenses and permits issued by DEC would result in declining revenue to the Marine Resources Account of the Conservation Fund

Local impact

This bill would have no impact on local governments