2023 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-six,  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;
(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;
(v) for two thousand twenty-two,  the  number  of  licenses  shall  be
limited  to  the  number  of licenses established in subparagraph (i) of
this paragraph;
(vi) for two thousand twenty-three, the number of  licenses  shall  be
limited  to  the  number  of licenses established in subparagraph (i) of
this paragraph;
(vii) for two thousand twenty-four, the number of  licenses  shall  be
limited  to  the  number  of licenses established in subparagraph (i) of
this paragraph;
(viii) for two thousand twenty-five, the number of licenses  shall  be
limited  to  the  number  of licenses established in subparagraph (i) of
this paragraph; and
(ix) for two thousand twenty-six, 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-three
through December thirty-first, two thousand twenty-six, 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-three
through  December  thirty-first, two thousand twenty-six, 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 one
of the veteran's services 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 one of the veteran's  services  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-three,
through December thirty-first, two thousand twenty-six, 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-six, 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;
(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;
(v)  for  two  thousand  twenty-two,  the  number of licenses shall be
limited to the number of licenses established  in  subparagraph  (i)  of
this paragraph;
(vi)  for  two  thousand twenty-three, the number of licenses shall be
limited to the number of licenses established  in  subparagraph  (i)  of
this paragraph;
(vii)  for  two  thousand twenty-four, the number of licenses shall be
limited to the number of licenses established  in  subparagraph  (i)  of
this paragraph;
(viii)  for  two thousand twenty-five, the number of licenses shall be
limited to the number of licenses established  in  subparagraph  (i)  of
this paragraph; and
(ix)  for  two  thousand  twenty-six,  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-one
through December thirty-first, two thousand twenty-six, 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-three
through December thirty-first, two thousand twenty-six,  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-six,  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;
(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;
(v)  for  two  thousand  twenty-two,  the  number of licenses shall be
limited to the number of licenses established  in  subparagraph  (i)  of
this paragraph;
(vi)  for  two  thousand twenty-three, the number of licenses shall be
limited to the number of licenses established  in  subparagraph  (i)  of
this paragraph;
(vii)  for  two  thousand twenty-four, the number of licenses shall be
limited to the number of licenses established  in  subparagraph  (i)  of
this paragraph;
(viii)  for  two thousand twenty-five, the number of licenses shall be
limited to the number of licenses established  in  subparagraph  (i)  of
this paragraph; and
(ix)  for  two  thousand  twenty-six,  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-three
through December thirty-first, two thousand twenty-six, 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-three
through December thirty-first, two thousand twenty-six, 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-three  through  two  thousand
twenty-six,  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-three  through  two  thousand
twenty-six,  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-three  through two thousand
twenty-six, 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.