§ 13-0328 — Commercial licenses; limited entry

New York § 13-0328

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Marine Fisheries
• Art. 13: Marine and Coastal Resources

Text

§ 13-0328. Commercial licenses; limited entry.\n 1. Commercial food fish licenses. Commercial food fish licenses\nprovided for by section 13-0335 of this title shall be issued as\nfollows:\n a. for the period beginning January first, two thousand eighteen\nthrough December thirty-first, two thousand twenty-six, the number of\nresident commercial food fish licenses and the number of non-resident\ncommercial food fish licenses shall not exceed the following annual\nlimits:\n (i) for two thousand eighteen, the number of licenses shall be limited\nto the number of licenses issued in two thousand seventeen, plus fifty\npercent of any difference between the number of licenses issued in two\nthousand seventeen and nine hundred sixty-nine;\n (ii) for two thousand nineteen, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (iii) for two thousand twenty, the number of licenses shall be limited\nto the number of licenses established in subparagraph (i) of this\nparagraph;\n (iv) for two thousand twenty-one, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (v) for two thousand twenty-two, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (vi) for two thousand twenty-three, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (vii) for two thousand twenty-four, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (viii) for two thousand twenty-five, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph; and\n (ix) for two thousand twenty-six, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph.\n b. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, persons who were\nissued a commercial food fish license in the previous year shall be\neligible to be issued such license.\n c. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, the department\nshall issue commercial food fish licenses to persons who were not issued\nsuch license in the previous year provided that the total number of such\nlicenses issued to such persons does not exceed the difference between\nthe number of licenses established in paragraph a of this subdivision\nand the number of such licenses issued pursuant to paragraph b of this\nsubdivision, subject to the following:\n (i) licenses shall be issued in the order in which the applications\nwere received, except that where multiple applications are received by\nthe department on the same day, applicants for whom the department has\nreceived notice of successful completion of an apprenticeship pursuant\nto subdivision seven of this section shall be considered by the\ndepartment prior to other applicants;\n (ii) licenses may be issued to individuals only;\n (iii) licenses shall be issued to applicants who are sixteen years of\nage or older at the time of the application; and\n (iv) licenses shall be issued only to persons who demonstrate in a\nmanner acceptable to the department that they received an average of at\nleast fifteen thousand dollars of income over three consecutive years\nfrom commercial fishing or fishing, or who successfully complete a\ncommercial food fish apprenticeship pursuant to subdivision seven of\nthis section. As used in this subparagraph, "commercial fishing" means\nthe taking and sale of marine resources including fish, shellfish,\ncrustacea or other marine biota and "fishing" means commercial fishing\nand carrying fishing passengers for hire. Individuals who wish to\nqualify based on income from "fishing" must hold a valid marine and\ncoastal district party and charter boat license. No more than ten\npercent of the licenses issued each year based on income eligibility\npursuant to this paragraph shall be issued to applicants who qualify\nbased solely upon income derived from operation of or employment by a\nparty or charter boat. For the income evaluation of this subdivision,\nthe department may consider persons who would otherwise be eligible but\nfor having served in the United States armed forces on active duty,\nprovided that such individual (1) has received an honorable or general\ndischarge, or (2) has a qualifying condition, as defined in section one\nof the veteran's services law, and has received a discharge other than\nbad conduct or dishonorable from such service, or (3) is a discharged\nLGBT veteran, as defined in section one of the veteran's services law,\nand has received a discharge other than bad conduct or dishonorable from\nsuch service, shall not be deemed ineligible.\n 2. Commercial lobster permits. Commercial lobster permits provided for\nby section 13-0329 of this title shall be issued as follows:\n for the period beginning January first, two thousand twenty-three,\nthrough December thirty-first, two thousand twenty-six, only persons who\nwere issued a commercial lobster permit in the previous year shall be\neligible to be issued such permit.\n 3. Commercial crab permits. Commercial crab permits provided for by\nsection 13-0331 of this title shall be issued as follows:\n a. for the period beginning January first, two thousand eighteen\nthrough December thirty-first, two thousand twenty-six, the number of\nresident commercial crab permits and the number of non-resident\ncommercial crab permits shall not exceed the following annual limits:\n (i) for two thousand eighteen, the number of permits shall be limited\nto the number of permits issued in two thousand seventeen, plus fifty\npercent of any difference between the number of permits issued in two\nthousand seventeen and five hundred sixty-three;\n (ii) for two thousand nineteen, the number of permits shall be limited\nto the number of permits established in subparagraph (i) of this\nparagraph;\n (iii) for two thousand twenty, the number of permits shall be limited\nto the number of permits established in subparagraph (i) of this\nparagraph;\n (iv) for two thousand twenty-one, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (v) for two thousand twenty-two, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (vi) for two thousand twenty-three, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (vii) for two thousand twenty-four, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (viii) for two thousand twenty-five, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph; and\n (ix) for two thousand twenty-six, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph.\n b. for the period beginning January first, two thousand twenty-one\nthrough December thirty-first, two thousand twenty-six, persons who were\nissued a commercial crab permit in the previous year shall be eligible\nto be issued such permit.\n c. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, the department\nshall issue commercial crab permits to persons who were not issued such\npermit in the previous year provided that the total number of such\npermits issued to such persons does not exceed the difference between\nthe number of permits established in paragraph a of this subdivision and\nthe number of such permits issued pursuant to paragraph b of this\nsubdivision, subject to the following:\n (i) permits shall be issued in the order in which the applications\nwere received, except that where multiple applications are received by\nthe department on the same day, applicants for whom the department has\nreceived notice of successful completion of an apprenticeship pursuant\nto subdivision seven of this section shall be considered by the\ndepartment prior to other applicants;\n (ii) permits may be issued to individuals only;\n (iii) permits shall be issued to applicants who are sixteen years of\nage or older at the time of the application; and\n (iv) permits shall be issued only to persons who demonstrate in a\nmanner acceptable to the department that they received an average of at\nleast fifteen thousand dollars of income over three consecutive years\nfrom commercial fishing or fishing, or who successfully complete an\napprenticeship pursuant to subdivision seven of this section. As used in\nthis subparagraph, "commercial fishing" means the taking and sale of\nmarine resources including fish, shellfish, crustacea or other marine\nbiota and "fishing" means commercial fishing and carrying fishing\npassengers for hire. Individuals who wish to qualify based on income\nfrom "fishing" must hold a valid marine and coastal district party and\ncharter boat license. No more than ten percent of the permits issued\neach year based on income eligibility pursuant to this paragraph shall\nbe issued to applicants who qualify based upon income derived from\noperation of or employment by a party or charter boat.\n 4. Commercial whelk or conch licenses. Commercial whelk or conch\nlicenses provided for by section 13-0330 of this title shall be issued\nas follows:\n a. for the period beginning January first, two thousand eighteen\nthrough December thirty-first, two thousand twenty-six, the number of\nresident commercial whelk or conch licenses and the number of\nnon-resident commercial whelk or conch licenses shall not exceed the\nfollowing annual limits:\n (i) for two thousand eighteen, the number of licenses shall be limited\nto the number of licenses issued in two thousand seventeen plus fifty\npercent of any difference between the number of licenses issued in two\nthousand seventeen and two hundred fifty-two;\n (ii) for two thousand nineteen, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (iii) for two thousand twenty, the number of licenses shall be limited\nto the number of licenses established in subparagraph (i) of this\nparagraph;\n (iv) for two thousand twenty-one, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (v) for two thousand twenty-two, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (vi) for two thousand twenty-three, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (vii) for two thousand twenty-four, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n (viii) for two thousand twenty-five, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph; and\n (ix) for two thousand twenty-six, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph.\n b. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, persons who were\nissued a commercial whelk or conch license in the previous year shall be\neligible to be issued such license.\n c. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, persons who were\nnot issued a commercial whelk or conch license in the previous year\nshall be eligible to be issued such license provided that the total\nnumber of such licenses issued to such persons shall not exceed the\ndifference between the number of licenses established in paragraph a of\nthis subdivision and the number of such licenses issued pursuant to\nparagraph b of this subdivision, subject to the following:\n (i) licenses shall be issued in the order in which the applications\nwere received, except that where multiple applications are received by\nthe department on the same day, applicants for whom the department has\nreceived notice of successful completion of an apprenticeship pursuant\nto subdivision seven of this section shall be considered by the\ndepartment prior to other applicants;\n (ii) licenses may be issued to individuals only;\n (iii) licenses shall be issued to applicants who are sixteen years of\nage or older at the time of the application; and\n (iv) licenses shall be issued only to persons who demonstrate in a\nmanner acceptable to the department that they received an average of at\nleast fifteen thousand dollars of income over three consecutive years\nfrom commercial fishing or fishing, or who successfully complete an\napprenticeship pursuant to subdivision seven of this section. As used in\nthis subparagraph, "commercial fishing" means the taking and sale of\nmarine resources including fish, shellfish, crustacea or other marine\nbiota and "fishing" means commercial fishing and carrying fishing\npassengers for hire. Individuals who wish to qualify based on income\nfrom "fishing" must hold a valid marine and coastal district party and\ncharter boat license. No more than ten percent of the licenses issued\neach year pursuant to this paragraph shall be issued to applicants who\nqualify based upon income derived from operation of or employment by a\nparty or charter boat.\n 5. Marine and coastal district party and charter boat licenses. Marine\nand coastal district party and charter boat licenses provided for by\nsection 13-0336 of this title shall be issued as follows, except that\nthis subdivision shall not apply to the owner or operator of a party\nboat or charter boat whose vessel is classified by the United States\nCoast Guard as an Inspected Passenger Vessel and which is licensed to\ncarry more than six passengers:\n a. for the years two thousand twenty-three through two thousand\ntwenty-six, the annual number of marine and coastal district party and\ncharter boat licenses issued shall not exceed five hundred seventeen.\n b. for the years two thousand twenty-three through two thousand\ntwenty-six, persons who were issued a marine and coastal district party\nand charter boat license in the previous year shall be eligible to be\nissued such license.\n c. for the years two thousand twenty-three through two thousand\ntwenty-six, the department shall issue marine and coastal district party\nand charter boat licenses to persons who were not issued such license in\nthe previous year, provided that the total number of licenses issued\ndoes not exceed five hundred seventeen, subject to the following:\n (i) licenses shall be issued in the order in which the applications\nwere received;\n (ii) licenses shall be issued only to persons who hold an Uninspected\nPassenger Vessel license issued by the United States Coast Guard.\n 6. License or permit reissuance.\n a. Notwithstanding the provisions of subdivisions one, two, three and\nfour of this section, the department may permit reissuance of a license\nor permit to a member of the immediate family of the prior holder of\nsuch license or permit; provided that the individual to whom the license\nor permit is being reissued is at least sixteen years of age. The\ndepartment may permit a license or permit holder to designate in writing\na member of his or her immediate family to whom the license or permit\nshall be reissued in the event that the license or permit holder dies\nprior to surrendering his or her license or permit to the department.\n b. In the event that a designated immediate family member does not\nwish to engage in the commercial fishing activities authorized by such\nlicense or permit, the department may permit such person to identify an\nalternate person to whom the license or permit shall be reissued. The\ndepartment is authorized to adopt regulations concerning the reissuance\nof licenses or permits pursuant to this subdivision.\n c. The holder of a reissued license or permit shall engage in the\nactivity authorized by the license or permit within three years of the\nreissuance date. If the license or permit holder fails to engage in such\nactivity during the three years following reissuance, the license or\npermit shall lapse at the end of the three year period and shall not be\nrenewed unless the department, in its discretion, determines that the\nlicense or permit holder's inactivity was justified by significant\nhardship or unavoidable circumstances.\n d. For purposes of this section, "immediate family" shall include\nspouse, sibling, parent, child, grandparent, grandchild, and, in\naddition, all persons who are related by blood, marriage or adoption to\nthe permit holder and domiciled in the house of the license or permit\nholder.\n 7. Commercial license apprenticeship program. The department is\nauthorized to adopt regulations establishing an apprenticeship program\nfor persons who wish to obtain a commercial crab permit pursuant to\nsection 13-0331 of this title, a commercial food fish license pursuant\nto section 13-0335 of this title or a commercial whelk (conch) license\npursuant to section 13-0330 of this title. Upon successful completion of\nthe apprenticeship program, a person shall become eligible to receive a\ncommercial crab permit, commercial food fish license or a commercial\nwhelk (conch) license, as applicable, subject to the provisions of\nparagraph c of subdivision one, paragraph c of subdivision three, and\nparagraph c of subdivision four of this section, respectively.\n