What's happening
This bill updates the licensing limits, eligibility, and issuance procedures for commercial fishing, lobster, crab, whelk/conch, and charter boat licenses in New York for 2018.
Why it matters
License Caps and Eligibility Based on Recent Years. The bill updates the maximum number of commercial fishing, lobster, crab, and whelk/conch licenses using figures from the immediately preceding year (2017) rather than older baselines. This keeps limits responsive to recent participation, affecting both new entrants and those seeking to renew.
Prioritization and Entry Pathways. New or returning applicants for these licenses must meet specific criteria, such as demonstrating a minimum average income from fishing over three consecutive years or successful completion of an apprenticeship. This attempts to ensure that licenses go to those actively participating in the industry, not just casual or speculative applicants.
Special Provisions for Veterans and Charter Operations. The bill allows certain exceptions, such as considering honorably or generally discharged veterans who would otherwise meet income criteria if not for military service, and it limits the share of licenses that can be allocated to party or charter boat operators based solely on income from those activities, supporting a balanced allocation among different types of fishing operations.
Orderly Issuance and Youth Inclusion. Licenses are to be issued in the order applications are received, with priority given to those who completed apprenticeships if there’s a tie. The minimum age for applicants is set at 16, which may encourage younger participation while maintaining a threshold for responsibility and experience.
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Who cares
Headline styles
Extend Commercial Fishing Licenses
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Substituted by A8279A
- Ordered to third reading cal.2131
- Committee discharged and committed to rules
- Print number 5747a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Fishing License Limits
Signed by Governor · Sponsor Steven Englebright
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5747--A
2017-2018 Regular Sessions
IN SENATE
April 27, 2017
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to commercial fishing licenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1, 2, 3, 4 and 5 of section 13-0328 of the environmental conservation law, as amended by chapter 212 of the laws of 2015, subparagraph (iv) of paragraph c of subdivision 1 as separately amended by chapter 484 of the laws of 2015, are amended to read as follows:
1. Commercial food fish licenses. Commercial food fish licenses provided for by section 13-0335 of this title shall be issued as follows:
a. for the period beginning January first, two thousand [sixteen] eighteen through December thirty-first, two thousand [seventeen] eighteen, the number of resident commercial food fish licenses and the number of non-resident commercial food fish licenses shall not exceed the following annual limits:
[(i)] for two thousand [sixteen] eighteen, the number of licenses shall be limited to the number of licenses issued in two thousand [fifteen] seventeen, plus fifty percent of any difference between the number of licenses issued in two thousand [fifteen] seventeen and [one thousand four] nine hundred sixty-nine[; and
(ii) for two thousand seventeen, the number of licenses shall be limited to the number of licenses issued in two thousand sixteen, plus fifty percent of any difference between the number of licenses issued in two thousand sixteen and the limit established in subparagraph (i) of this paragraph].
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09925-03-7
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b. for the period beginning January first, two thousand [sixteen] eighteen through December thirty-first, two thousand [seventeen] eighteen, persons who were issued a commercial food fish license in the previous year shall be eligible to be issued such license.
c. for the period beginning January first, two thousand [sixteen] eighteen through December thirty-first, two thousand [seventeen] eighteen, the department shall issue commercial food fish licenses to persons who were not issued such license in the previous year provided that the total number of such licenses issued to such persons does not exceed the difference between the number of licenses established in paragraph a of this subdivision and the number of such licenses issued pursuant to paragraph b of this subdivision, subject to the following:
(i) licenses shall be issued in the order in which the applications were received, except that where multiple applications are received by the department on the same day, applicants for whom the department has received notice of successful completion of an apprenticeship pursuant to subdivision seven of this section shall be considered by the department prior to other applicants;
(ii) licenses may be issued to individuals only;
(iii) licenses shall be issued to applicants who are sixteen years of age or older at the time of the application; and
(iv) licenses shall be issued only to persons who demonstrate in a manner acceptable to the department that they received an average of at least fifteen thousand dollars of income over three consecutive years from commercial fishing or fishing, or who successfully complete a commercial food fish apprenticeship pursuant to subdivision seven of this section. As used in this subparagraph, "commercial fishing" means the taking and sale of marine resources including fish, shellfish, crustacea or other marine biota and "fishing" means commercial fishing and carrying fishing passengers for hire. Individuals who wish to qualify based on income from "fishing" must hold a valid marine and coastal district party and charter boat license. No more than ten percent of the licenses issued each year based on income eligibility pursuant to this paragraph shall be issued to applicants who qualify based solely upon income derived from operation of or employment by a party or charter boat. For the income evaluation of this subdivision, the department may consider persons who would otherwise be eligible but for having served in the United States armed forces on active duty, provided that such individual has received an honorable or general discharge, shall not be deemed ineligible.
2. Commercial lobster permits. Commercial lobster permits provided for by section 13-0329 of this title shall be issued as follows:
for the period beginning January first, two thousand [sixteen] eighteen, through December thirty-first, two thousand [seventeen] eighteen, only persons who were issued a commercial lobster permit in the previous year shall be eligible to be issued such permit.
3. Commercial crab permits. Commercial crab permits provided for by section 13-0331 of this title shall be issued as follows:
a. for the period beginning January first, two thousand [sixteen] eighteen through December thirty-first, two thousand [seventeen] eighteen, the number of resident commercial crab permits and the number of non-resident commercial crab permits shall not exceed the following annual limits:
[(i)] for two thousand [sixteen] eighteen, the number of permits shall be limited to the number of permits issued in two thousand [fifteen] seventeen, plus fifty percent of any difference between the number of
S. 5747--A 3
permits issued in two thousand [fifteen] seventeen and five hundred [eighty-two] sixty-three[; and
(ii) for two thousand seventeen, the number of permits shall be limited to the number of permits issued in two thousand sixteen, plus fifty percent of any difference between the number of permits issued in two thousand sixteen and the limit established in subparagraph (i) of this paragraph].
b. for the period beginning January first, two thousand [sixteen] eighteen through December thirty-first, two thousand [seventeen] eighteen, persons who were issued a commercial crab permit in the previous year shall be eligible to be issued such permit.
c. for the period beginning January first, two thousand [sixteen] eighteen through December thirty-first, two thousand [seventeen] eighteen, the department shall issue commercial crab permits to persons who were not issued such permit in the previous year provided that the total number of such permits issued to such persons does not exceed the difference between the number of permits established in paragraph a of this subdivision and the number of such permits issued pursuant to paragraph b of this subdivision, subject to the following:
(i) permits shall be issued in the order in which the applications were received, except that where multiple applications are received by the department on the same day, applicants for whom the department has received notice of successful completion of an apprenticeship pursuant to subdivision seven of this section shall be considered by the department prior to other applicants;
(ii) permits may be issued to individuals only;
(iii) permits shall be issued to applicants who are sixteen years of age or older at the time of the application; and
(iv) permits shall be issued only to persons who demonstrate in a manner acceptable to the department that they received an average of at least fifteen thousand dollars of income over three consecutive years from commercial fishing or fishing, or who successfully complete an apprenticeship pursuant to subdivision seven of this section. As used in this subparagraph, "commercial fishing" means the taking and sale of marine resources including fish, shellfish, crustacea or other marine biota and "fishing" means commercial fishing and carrying fishing passengers for hire. Individuals who wish to qualify based on income from "fishing" must hold a valid marine and coastal district party and charter boat license. No more than ten percent of the permits issued each year based on income eligibility pursuant to this paragraph shall be issued to applicants who qualify based upon income derived from operation of or employment by a party or charter boat.
4. Commercial whelk or conch licenses. Commercial whelk or conch licenses provided for by section 13-0330 of this title shall be issued as follows:
a. for the period beginning January first, two thousand [sixteen] eighteen through December thirty-first, two thousand [seventeen] eighteen, the number of resident commercial whelk or conch licenses and the number of non-resident commercial whelk or conch licenses shall not exceed the following annual limits:
[(i)] for two thousand [sixteen] eighteen, the number of licenses shall be limited to the number of licenses issued in two thousand [fifteen] seventeen plus fifty percent of any difference between the number of licenses issued in two thousand [fifteen] seventeen and two hundred [sixty-one] fifty-two[; and
S. 5747--A 4
(ii) for two thousand seventeen, the number of licenses shall be limited to the number of licenses issued in two thousand sixteen, plus fifty percent of any difference between the number of licenses issued in two thousand sixteen and the limit established in subparagraph (i) of this paragraph].
b. for the period beginning January first, two thousand [sixteen] eighteen through December thirty-first, two thousand [seventeen] eighteen, persons who were issued a commercial whelk or conch license in the previous year shall be eligible to be issued such license.
c. for the period beginning January first, two thousand [sixteen] eighteen through December thirty-first, two thousand [seventeen] eighteen, persons who were not issued a commercial whelk or conch license in the previous year shall be eligible to be issued such license provided that the total number of such licenses issued to such persons shall not exceed the difference between the number of licenses established in paragraph a of this subdivision and the number of such licenses issued pursuant to paragraph b of this subdivision, subject to the following:
(i) licenses shall be issued in the order in which the applications were received, except that where multiple applications are received by the department on the same day, applicants for whom the department has received notice of successful completion of an apprenticeship pursuant to subdivision seven of this section shall be considered by the department prior to other applicants;
(ii) licenses may be issued to individuals only;
(iii) licenses shall be issued to applicants who are sixteen years of age or older at the time of the application; and
(iv) licenses shall be issued only to persons who demonstrate in a manner acceptable to the department that they received an average of at least fifteen thousand dollars of income over three consecutive years from commercial fishing or fishing, or who successfully complete an apprenticeship pursuant to subdivision seven of this section. As used in this subparagraph, "commercial fishing" means the taking and sale of marine resources including fish, shellfish, crustacea or other marine biota and "fishing" means commercial fishing and carrying fishing passengers for hire. Individuals who wish to qualify based on income from "fishing" must hold a valid marine and coastal district party and charter boat license. No more than ten percent of the licenses issued each year pursuant to this paragraph shall be issued to applicants who qualify based upon income derived from operation of or employment by a party or charter boat.
5. Marine and coastal district party and charter boat licenses. Marine and coastal district party and charter boat licenses provided for by section 13-0336 of this title shall be issued as follows, except that this subdivision shall not apply to the owner or operator of a party boat or charter boat whose vessel is classified by the United States Coast Guard as an Inspected Passenger Vessel and which is licensed to carry more than six passengers:
a. for the years two thousand [sixteen] seventeen through two thousand [seventeen] eighteen, the annual number of marine and coastal district party and charter boat licenses issued shall not exceed five hundred seventeen.
b. for the years two thousand [sixteen] seventeen through two thousand [seventeen] eighteen, persons who were issued a marine and coastal district party and charter boat license in the previous year shall be eligible to be issued such license.
S. 5747--A 5
c. for the years two thousand [sixteen] seventeen through two thousand [seventeen] eighteen, the department shall issue marine and coastal district party and charter boat licenses to persons who were not issued such license in the previous year, provided that the total number of licenses issued does not exceed five hundred seventeen, subject to the following:
(i) licenses shall be issued in the order in which the applications were received;
(ii) licenses shall be issued only to persons who hold an Uninspected Passenger Vessel license issued by the United States Coast Guard.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to commercial fishing licenses
Purpose of the bill
The purpose of this bill is to extend and modify the eligibility limitations for commercial fishing licenses and permits.
Summary of provisions
Section 1 of this bill would amend Environmental Conservation Law (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; and 3) maintain the current eligibility requirements.
Section 2 of this bill would make it effective December 31, 2017, provided that any regulations necessary for the timely implementation of the provisions of this act on its effective date may be promulgated on or before such date.
Justification
Since ECL § 13-0328 was last amended in 2015, the number of commercial fishing licenses and permits issued has generally continued to decline as follows:
Ñ2015 Ñ2016* Resident Food Fish Ñ932 Ñ907 Non-Resident Food Fish Ñ41 Ñ41 Resident Crab Ñ541 Ñ527 Non-Resident Crab Ñ25 Ñ25 Resident Lobster Ñ293 Ñ272 Non-Resident Lobster Ñ18 Ñ18 Resident Whelk Ñ239 Ñ237 Non-Resident Whelk Ñ10 Ñ11 Party & Charter Boat Ñ488 Ñ492 *Issued as of 11-1-2016
However, the current numbers of licenses and permits are still too high to ensure economic viability of commercial fisheries, given the restrictions and limits on fishing activity required under current and anticipated 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 complete moratorium would be maintained on commercial lobster permits, given that significant excess harvesting capacity exists in the lobster fishery, 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 in this troubled fishery.
Prior legislative history
ECL § 13-0328 was last amended to extend and modify its provisions in Chapter 212 of the Laws of 2015.
Fiscal implications
None.
Effective date
This act shall take effect on December 31, 2017, provided that any regulations necessary for the timely implementation of the provisions of this act on its effective date may be promulgated on or before such date.
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