BILL NUMBER: S678A
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
certain commercial food fish licenses, commercial crab permits, commer-
cial whelk or conch licenses, marine and coastal district party and
charter boat licenses and certain temporary authorizations for certain
licenses and permits
 
PURPOSE:
The purpose of this legislation is to grant the Department of Environ-
mental Conservation authority to issue commercial fishing licenses and
permits. The legislation further provides for a temporary authorization
program in the event of a temporary emergency.
 
SUMMARY OF PROVISIONS:
Section 1. Subparagraph (i) of paragraph c of subdivision 1, subpara-
graph (i) of paragraph c of subdivision 3, subparagraph (i) of paragraph
c of subdivision 4 and subparagraph (i) of paragraph c of subdivision 5
of section 13-0328 of the environmental conservation law, as amended by
chapter 306 of the laws of 2023, are amended to authorize the Department
of Environmental Conservation to modify the manner of issuance for
limited entry commercial licenses to authorize the Department to random-
ly select new license recipients and to provide a preference for those
who have unsuccessfully applied in past years. Furthermore, Section 1
adds a new subdivision 8 authorizing the Department to implement a
temporary authorization program for limited entry commercial fishing
licenses. Subject to approval by the Department, a limited entry commer-
cial fishing licensee may, during a temporary emergency, issue a written
authorization allowing a person to exercise the licensed fishing privi-
leges.
Section 2. Establishes the enacting clause.
 
JUSTIFICATION:
This legislation seeks to implement sensible recommendations made in the
New York Marine Fisheries Licensing Review, a drafted report prepared by
George Lapointe ("George Lapointe Report"). This bill would create a
preference for previously unsuccessful license applicants to enhance
their opportunity to receive a limited entry commercial license. In
addition, this legislation adds a new section which allows a licensee or
permittee to authorize another person to temporarily undertake
licensed/permitted activity on the licensee's behalf in the event of an
emergency. Both of these concepts were among the recommendations
contained in the draft George Lapointe report and are supported by the
Department of Environmental Conservation.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: A.10574
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.