N.Y. Environmental Conservation Law § 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.