NY Env Conserv L § 13-0328 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0328 - Commercial Licenses; Limited Entry.

§ 13-0328. Commercial licenses; limited entry.   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 twenty-one,  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 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;  (ii)  for  two  thousand  nineteen,  the  number  of licenses shall be limited to the number of licenses established  in  subparagraph  (i)  of this paragraph;  (iii) for two thousand twenty, the number of licenses shall be limited to  the  number  of  licenses  established  in  subparagraph (i) of this paragraph; and  (iv) for two thousand twenty-one, 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 twenty through December thirty-first, two thousand twenty-one, 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 twenty through December  thirty-first,  two  thousand  twenty-one, 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 (1) has received an honorable  or  general discharge,  or  (2)  has  a  qualifying condition, as defined in section three hundred fifty of the executive law, and has received  a  discharge other  than  bad  conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three  hundred  fifty  of the  executive  law, and has received a discharge other than bad conduct or dishonorable from such service, 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  twenty,  through December  thirty-first,  two  thousand twenty-one, 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 twenty-one, 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;  (ii) for two thousand nineteen, the number of permits shall be limited to the number  of  permits  established  in  subparagraph  (i)  of  this paragraph;  (iii)  for two thousand twenty, the number of permits shall be limited to the number  of  permits  established  in  subparagraph  (i)  of  this paragraph; and  (iv)  for  two  thousand  twenty-one,  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 twenty through December  thirty-first, two thousand twenty-one, 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 twenty through December  thirty-first,  two  thousand  twenty-one, 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 twenty-one, 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;  (ii) for two thousand  nineteen,  the  number  of  licenses  shall  be limited  to  the  number  of licenses established in subparagraph (i) of this paragraph;  (iii) for two thousand twenty, the number of licenses shall be limited to the number of  licenses  established  in  subparagraph  (i)  of  this paragraph; and  (iv)  for  two  thousand  twenty-one,  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 twenty through December  thirty-first, two thousand twenty-one, 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 twenty through December  thirty-first,  two  thousand  twenty-one, 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 twenty through two thousand twenty-one, 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 twenty through two thousand twenty-one, 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 twenty through two thousand  twenty-one, 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.   6. License or permit reissuance.   a.  Notwithstanding the provisions of subdivisions one, two, three and four of this section, the department may permit reissuance of a  license or  permit  to  a  member of the immediate family of the prior holder of such license or permit; provided that the individual to whom the license or permit is being reissued is  at  least  sixteen  years  of  age.  The department may permit a license or permit holder to designate in writing a  member  of  his or her immediate family to whom the license or permit shall be reissued in the event that the license or  permit  holder  dies prior to surrendering his or her license or permit to the department.   b.  In  the  event  that a designated immediate family member does not wish to engage in the commercial fishing activities authorized  by  such license  or permit, the department may permit such person to identify an alternate person to whom the license or permit shall  be  reissued.  The department  is authorized to adopt regulations concerning the reissuance of licenses or permits pursuant to this subdivision.   c. The holder of a reissued license or  permit  shall  engage  in  the activity  authorized  by the license or permit within three years of the reissuance date. If the license or permit holder fails to engage in such activity during the three years following  reissuance,  the  license  or permit  shall lapse at the end of the three year period and shall not be renewed unless the department, in its discretion,  determines  that  the license  or  permit  holder's  inactivity  was  justified by significant hardship or unavoidable circumstances.   d. For purposes of this  section,  "immediate  family"  shall  include spouse,   sibling,  parent,  child,  grandparent,  grandchild,  and,  in  addition, all persons who are related by blood, marriage or adoption  to the  permit  holder  and domiciled in the house of the license or permit holder.   7.  Commercial  license  apprenticeship  program.  The  department  is authorized to adopt regulations establishing an  apprenticeship  program for  persons  who  wish  to  obtain a commercial crab permit pursuant to section 13-0331 of this title, a commercial food fish  license  pursuant to  section  13-0335 of this title or a commercial whelk (conch) license pursuant to section 13-0330 of this title. Upon successful completion of the apprenticeship program, a person shall become eligible to receive  a commercial  crab  permit,  commercial  food fish license or a commercial whelk (conch) license, as  applicable,  subject  to  the  provisions  of paragraph  c  of  subdivision one, paragraph c of subdivision three, and paragraph c of subdivision four of this section, respectively.