Let Guides Issue Fishing Licenses

Section 1. Paragraph a of subdivision 1 of section 11-0713 of the environmental conservation law, as amended by section 3 of part AA of chapter 60 of the laws of 2011, the opening paragraph as amended by section 3 of part R of chapter 58 of the laws of 2013, is amended to read as follows:

a. All licenses, bowhunting privileges, muzzle-loading privileges, tags, permits, registrations, and permit applications authorized by this title or section 13-0355 of this chapter, and any additional privileges authorized by the department shall be issued by:

(1) clerks of a county, town or city, except a city having a population of one million or more, although such clerks may request authorization from the department to cease issuing such licenses or registrations,

(2) clerks of a village having more than one thousand inhabitants according to the last preceding federal census, or of a village in a county of less than five hundred thousand inhabitants, adjoining a city of over one million inhabitants, both according to such census, although such clerks may request authorization from the department to cease issuing such licenses or registrations, [and]

(3) license issuing officers as may be appointed by the commissioner. Applicants for designation as license issuing officers shall be over the age of eighteen years and shall meet such other requirements of eligi-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05440-01-7

A. 3262 2

bility, including posting bond, as the department may by regulation specify. Such issuing officers shall be entitled to receive and keep the same fees for issuing licenses and stamps that are specified in section 11-0715 of this title for issuing clerks, and shall file reports and remit license fees to the appropriate regional environmental conservation officer or the department as required by regulation[.], and

(4) fishing guides licensed pursuant to section 11-0533 of this article or individuals holding a party or charter boat license issued by the department. The department shall promulgate rules and regulations to allow such fishing guides and individuals holding a party or charter boat license to secure a fishing license tag for a person via the internet or phone registry. Such tag shall provide the holder with the same rights as the holder of any similar license established pursuant to this title. A person who receives a fishing tag pursuant to this subparagraph shall not be required to attach and display a back tag on the back of his or her outer garment.

§ 2. Subdivision 3 of section 11-0705 of the environmental conservation law, as amended by section 21 of part R of chapter 58 of the laws of 2013, is amended to read as follows:

3. Failure of a licensee to have the holder's license, tag or license with bowhunting and/or muzzle-loading privilege included, on the holder's person while hunting, fishing or trapping, is presumptive evidence that the holder is hunting, fishing or trapping, as the case may be, without holding the license, tag or license and bowhunting or muzzleloading privilege required by subdivision 6 of section 11-0703 of this title. Provided, however, that a person who received a license pursuant to subparagraph 4 of paragraph a of subdivision 1 of section 11-0713 of this title shall not be required to comply with the provisions of this section while fishing with a guide. As used in this subdivision, the term "guide" shall mean a person who offers services for hire part or all of which includes directing, instructing, or aiding another in fishing.

§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.