What's happening
This bill extends the current commercial fishing, lobster, crab, whelk, and charter boat licensing limits and eligibility criteria through 2019.
Why it matters
Prevents sudden regulatory changes for commercial fishers. By extending the current licensing limits and eligibility requirements, the bill provides stability for commercial fishers, avoiding abrupt changes that could disrupt livelihoods or investments in equipment and vessels.
Limits new entry into the fishery. The bill maintains restrictions on new licenses, meaning that only a small number of new participants—primarily those who have completed apprenticeships or meet strict income qualifications—can enter the industry, helping to avoid overfishing and resource depletion.
Preserves status quo for existing license holders. Those who had licenses in the previous year are prioritized and remain eligible, which protects established fishers’ access to valuable marine resources and provides predictability for their business planning.
Continues income and apprenticeship requirements. By retaining the minimum income threshold and apprenticeship pathways, the legislation ensures that licenses go to individuals with demonstrated commitment and experience, rather than speculators or occasional participants, supporting professionalization and sustainable practices in the industry.
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Who cares
Headline styles
Extend Fishing License Limits
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Recommitted to rules
- Vote reconsidered - restored to third reading
- Substitution reconsidered
- Substituted by A11040
- Ordered to third reading cal.2112
- Committee discharged and committed to rules
- Print number 7997a
- 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
In Senate Committee · Rules · Sponsor Steven Englebright
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7997--A
IN SENATE
March 16, 2018
Introduced by Sen. BOYLE -- (at request of the Department of Environmental Conservation) -- 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 225 of the laws of 2017, 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 eighteen through December thirty-first, two thousand [eighteen] nineteen, the number of resident commercial food fish licenses and the number of nonresident commercial food fish licenses shall not exceed the following annual limits:
(i) for two thousand eighteen, the number of licenses shall be limited to the number of licenses issued in two thousand seventeen, plus fifty percent of any difference between the number of licenses issued in two thousand seventeen and nine hundred sixty-nine[.]; and
(ii) for two thousand nineteen, the number of licenses shall be limited to the number of licenses established in subparagraph (i) of this paragraph.
b. for the period beginning January first, two thousand eighteen through December thirty-first, two thousand [eighteen] nineteen, 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 eighteen through December thirty-first, two thousand [eighteen] nineteen, the department shall issue commercial food fish licenses to persons who were
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14408-04-8
S. 7997--A 2
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 eighteen, through December thirty-first, two thousand [eighteen] nineteen, 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 eighteen through December thirty-first, two thousand [eighteen] nineteen, 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 eighteen, the number of permits shall be limited to the number of permits issued in two thousand seventeen, plus fifty percent of any difference between the number of permits issued in two thousand seventeen and five hundred sixty-three[.]; and
(ii) for two thousand nineteen, the number of permits shall be limited to the number of permits established in subparagraph (i) of this paragraph.
b. for the period beginning January first, two thousand eighteen through December thirty-first, two thousand [eighteen] nineteen, persons
S. 7997--A 3
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 eighteen through December thirty-first, two thousand [eighteen] nineteen, 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 eighteen through December thirty-first, two thousand [eighteen] nineteen, 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 eighteen, the number of licenses shall be limited to the number of licenses issued in two thousand seventeen plus fifty percent of any difference between the number of licenses issued in two thousand seventeen and two hundred fifty-two[.]; and
(ii) for two thousand nineteen, the number of licenses shall be limited to the number of licenses established in subparagraph (i) of this paragraph.
b. for the period beginning January first, two thousand eighteen through December thirty-first, two thousand [eighteen] nineteen, 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 eighteen through December thirty-first, two thousand [eighteen] nineteen, 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
S. 7997--A 4
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 [seventeen] eighteen through two thousand [eighteen] nineteen, 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 [seventeen] eighteen through two thousand [eighteen] nineteen, 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.
c. for the years two thousand [seventeen] eighteen through two thousand [eighteen] nineteen, 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.
§ 2. This act shall take effect December 31, 2018, 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.
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 limita- tions 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 eligibil- ity requirements.
Section 2 of this bill provides that the bill shall take effect December 3 I , 2018, 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.
Statement in support
Since ECL § 13-0328 was last amended in 2017, the number of commercial fishing licenses and permits issued has generally continued to decline as follows:
2015 2016 2017 Resident Food Fish 932 928 924 Non-Resident Food Fish 41 41 40 Resident Crab 541 538 537 Non-Resident Crab 25 26 25 Resident Lobster 293 280 273 Non-Resident Lobster 18 18 18 Resident Whelk 239 241 240 Non-Resident Whelk 10 11 11 Party & Charter Boat 488 492 508
This bill would maintain the current license and permit numbers. 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 225 of the Laws of 2017.
Budget implication
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.
Effective date
This act would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.