A 11443: Relates to the issuance of commercial food fish licenses.

  
  STATE OF NEW YORK ________________________________________________________________________ 11443  IN ASSEMBLY May 15, 2026 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick) -- (at request of the Department of Environmental Conservation) -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to commercial food fish licenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2, 3, 4 and 5 of section 13-0328 of the 2 environmental conservation law, as amended by chapter 306 of the laws of 3 2023, are amended to read as follows: 4 1. Commercial food fish licenses. Commercial food fish licenses 5 provided for by section 13-0335 of this title shall be issued as 6 follows: 7 a. for the period beginning January first, two thousand eighteen 8 through December thirty-first, two thousand [twenty-six] twenty-nine, 9 the number of resident commercial food fish licenses and the number of 10 non-resident commercial food fish licenses shall not exceed the follow- 11 ing annual limits: 12 (i) for two thousand eighteen, the number of licenses shall be limited 13 to the number of licenses issued in two thousand seventeen, plus fifty 14 percent of any difference between the number of licenses issued in two 15 thousand seventeen and nine hundred sixty-nine; 16 (ii) for two thousand nineteen, the number of licenses shall be limit- 17 ed to the number of licenses established in subparagraph (i) of this 18 paragraph; 19 (iii) for two thousand twenty, the number of licenses shall be limited 20 to the number of licenses established in subparagraph (i) of this para- 21 graph; 22 (iv) for two thousand twenty-one, the number of licenses shall be 23 limited to the number of licenses established in subparagraph (i) of 24 this paragraph; 25 (v) for two thousand twenty-two, the number of licenses shall be 26 limited to the number of licenses established in subparagraph (i) of 27 this paragraph; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15003-01-6 
 A. 11443 2 1 (vi) for two thousand twenty-three, the number of licenses shall be 2 limited to the number of licenses established in subparagraph (i) of 3 this paragraph; 4 (vii) for two thousand twenty-four, the number of licenses shall be 5 limited to the number of licenses established in subparagraph (i) of 6 this paragraph; 7 (viii) for two thousand twenty-five, the number of licenses shall be 8 limited to the number of licenses established in subparagraph (i) of 9 this paragraph; [and] 10 (ix) for two thousand twenty-six, the number of licenses shall be 11 limited to the number of licenses established in subparagraph (i) of 12 this paragraph; 13 (x) for two thousand twenty-seven, the number of licenses shall be 14 limited to the number of licenses established in subparagraph (i) of 15 this paragraph; 16 (xi) for two thousand twenty-eight, the number of licenses shall be 17 limited to the number of licenses established in subparagraph (i) of 18 this paragraph; and 19 (xii) for two thousand twenty-nine, the number of licenses shall be 20 limited to the number of licenses established in subparagraph (i) of 21 this paragraph. 22 b. for the period beginning January first, two thousand [twenty-three] 23 twenty-six through December thirty-first, two thousand [twenty-six] 24 twenty-nine, persons who were issued a commercial food fish license in 25 the previous year shall be eligible to be issued such license. 26 c. for the period beginning January first, two thousand [twenty-three] 27 twenty-six through December thirty-first, two thousand [twenty-six] 28 twenty-nine, the department shall issue commercial food fish licenses to 29 persons who were not issued such license in the previous year provided 30 that the total number of such licenses issued to such persons does not 31 exceed the difference between the number of licenses established in 32 paragraph a of this subdivision and the number of such licenses issued 33 pursuant to paragraph b of this subdivision, subject to the following: 34 (i) licenses shall be issued in the order in which the applications 35 were received, except that where multiple applications are received by 36 the department on the same day, applicants for whom the department has 37 received notice of successful completion of an apprenticeship pursuant 38 to subdivision seven of this section shall be considered by the depart- 39 ment prior to other applicants; 40 (ii) licenses may be issued to individuals only; 41 (iii) licenses shall be issued to applicants who are sixteen years of 42 age or older at the time of the application; and 43 (iv) licenses shall be issued only to persons who demonstrate in a 44 manner acceptable to the department that they received an average of at 45 least fifteen thousand dollars of income over three consecutive years 46 from commercial fishing or fishing, or who successfully complete a 47 commercial food fish apprenticeship pursuant to subdivision seven of 48 this section. As used in this subparagraph, "commercial fishing" means 49 the taking and sale of marine resources including fish, shellfish, crus- 50 tacea or other marine biota and "fishing" means commercial fishing and 51 carrying fishing passengers for hire. Individuals who wish to qualify 52 based on income from "fishing" must hold a valid marine and coastal 53 district party and charter boat license. No more than ten percent of the 54 licenses issued each year based on income eligibility pursuant to this 55 paragraph shall be issued to applicants who qualify based solely upon 56 income derived from operation of or employment by a party or charter 
 A. 11443 3 1 boat. For the income evaluation of this subdivision, the department may 2 consider persons who would otherwise be eligible but for having served 3 in the United States armed forces on active duty, provided that such 4 individual (1) has received an honorable or general discharge, or (2) 5 has a qualifying condition, as defined in section one of the veteran's 6 services law, and has received a discharge other than bad conduct or 7 dishonorable from such service, or (3) is a discharged LGBT veteran, as 8 defined in section one of the veteran's services law, and has received a 9 discharge other than bad conduct or dishonorable from such service, 10 shall not be deemed ineligible. 11 2. Commercial lobster permits. Commercial lobster permits provided for 12 by section 13-0329 of this title shall be issued as follows: 13 for the period beginning January first, two thousand [twenty-three] 14 twenty-six, through December thirty-first, two thousand [twenty-six] 15 twenty-nine, only persons who were issued a commercial lobster permit in 16 the previous year shall be eligible to be issued such permit. 17 3. Commercial crab permits. Commercial crab permits provided for by 18 section 13-0331 of this title shall be issued as follows: 19 a. for the period beginning January first, two thousand eighteen 20 through December thirty-first, two thousand [twenty-six] twenty-nine, 21 the number of resident commercial crab permits and the number of non-re- 22 sident commercial crab permits shall not exceed the following annual 23 limits: 24 (i) for two thousand eighteen, the number of permits shall be limited 25 to the number of permits issued in two thousand seventeen, plus fifty 26 percent of any difference between the number of permits issued in two 27 thousand seventeen and five hundred sixty-three; 28 (ii) for two thousand nineteen, the number of permits shall be limited 29 to the number of permits established in subparagraph (i) of this para- 30 graph; 31 (iii) for two thousand twenty, the number of permits shall be limited 32 to the number of permits established in subparagraph (i) of this para- 33 graph; 34 (iv) for two thousand twenty-one, the number of licenses shall be 35 limited to the number of licenses established in subparagraph (i) of 36 this paragraph; 37 (v) for two thousand twenty-two, the number of licenses shall be 38 limited to the number of licenses established in subparagraph (i) of 39 this paragraph; 40 (vi) for two thousand twenty-three, the number of licenses shall be 41 limited to the number of licenses established in subparagraph (i) of 42 this paragraph; 43 (vii) for two thousand twenty-four, the number of licenses shall be 44 limited to the number of licenses established in subparagraph (i) of 45 this paragraph; 46 (viii) for two thousand twenty-five, the number of licenses shall be 47 limited to the number of licenses established in subparagraph (i) of 48 this paragraph; [and] 49 (ix) for two thousand twenty-six, the number of licenses shall be 50 limited to the number of licenses established in subparagraph (i) of 51 this paragraph; 52 (x) for two thousand twenty-seven, the number of licenses shall be 53 limited to the number of licenses established in subparagraph (i) of 54 this paragraph; 
 A. 11443 4 1 (xi) for two thousand twenty-eight, the number of licenses shall be 2 limited to the number of licenses established in subparagraph (i) of 3 this paragraph; and 4 (xii) for two thousand twenty-nine, the number of licenses shall be 5 limited to the number of licenses established in subparagraph (i) of 6 this paragraph. 7 b. for the period beginning January first, two thousand twenty-one 8 through December thirty-first, two thousand [twenty-six] twenty-nine, 9 persons who were issued a commercial crab permit in the previous year 10 shall be eligible to be issued such permit. 11 c. for the period beginning January first, two thousand [twenty-three] 12 twenty-six through December thirty-first, two thousand [twenty-six] 13 twenty-nine, the department shall issue commercial crab permits to 14 persons who were not issued such permit in the previous year provided 15 that the total number of such permits issued to such persons does not 16 exceed the difference between the number of permits established in para- 17 graph a of this subdivision and the number of such permits issued pursu- 18 ant to paragraph b of this subdivision, subject to the following: 19 (i) permits shall be issued in the order in which the applications 20 were received, except that where multiple applications are received by 21 the department on the same day, applicants for whom the department has 22 received notice of successful completion of an apprenticeship pursuant 23 to subdivision seven of this section shall be considered by the depart- 24 ment prior to other applicants; 25 (ii) permits may be issued to individuals only; 26 (iii) permits shall be issued to applicants who are sixteen years of 27 age or older at the time of the application; and 28 (iv) permits shall be issued only to persons who demonstrate in a 29 manner acceptable to the department that they received an average of at 30 least fifteen thousand dollars of income over three consecutive years 31 from commercial fishing or fishing, or who successfully complete an 32 apprenticeship pursuant to subdivision seven of this section. As used in 33 this subparagraph, "commercial fishing" means the taking and sale of 34 marine resources including fish, shellfish, crustacea or other marine 35 biota and "fishing" means commercial fishing and carrying fishing 36 passengers for hire. Individuals who wish to qualify based on income 37 from "fishing" must hold a valid marine and coastal district party and 38 charter boat license. No more than ten percent of the permits issued 39 each year based on income eligibility pursuant to this paragraph shall 40 be issued to applicants who qualify based upon income derived from oper- 41 ation of or employment by a party or charter boat. 42 4. Commercial whelk or conch licenses. Commercial whelk or conch 43 licenses provided for by section 13-0330 of this title shall be issued 44 as follows: 45 a. for the period beginning January first, two thousand eighteen 46 through December thirty-first, two thousand [twenty-six] twenty-nine, 47 the number of resident commercial whelk or conch licenses and the number 48 of non-resident commercial whelk or conch licenses shall not exceed the 49 following annual limits: 50 (i) for two thousand eighteen, the number of licenses shall be limited 51 to the number of licenses issued in two thousand seventeen plus fifty 52 percent of any difference between the number of licenses issued in two 53 thousand seventeen and two hundred fifty-two; 54 (ii) for two thousand nineteen, the number of licenses shall be limit- 55 ed to the number of licenses established in subparagraph (i) of this 56 paragraph; 
 A. 11443 5 1 (iii) for two thousand twenty, the number of licenses shall be limited 2 to the number of licenses established in subparagraph (i) of this para- 3 graph; 4 (iv) for two thousand twenty-one, the number of licenses shall be 5 limited to the number of licenses established in subparagraph (i) of 6 this paragraph; 7 (v) for two thousand twenty-two, the number of licenses shall be 8 limited to the number of licenses established in subparagraph (i) of 9 this paragraph; 10 (vi) for two thousand twenty-three, the number of licenses shall be 11 limited to the number of licenses established in subparagraph (i) of 12 this paragraph; 13 (vii) for two thousand twenty-four, the number of licenses shall be 14 limited to the number of licenses established in subparagraph (i) of 15 this paragraph; 16 (viii) for two thousand twenty-five, the number of licenses shall be 17 limited to the number of licenses established in subparagraph (i) of 18 this paragraph; [and] 19 (ix) for two thousand twenty-six, the number of licenses shall be 20 limited to the number of licenses established in subparagraph (i) of 21 this paragraph; 22 (x) for two thousand twenty-seven, the number of licenses shall be 23 limited to the number of licenses established in subparagraph (i) of 24 this paragraph; 25 (xi) for two thousand twenty-eight, the number of licenses shall be 26 limited to the number of licenses established in subparagraph (i) of 27 this paragraph; and 28 (xii) for two thousand twenty-nine, the number of licenses shall be 29 limited to the number of licenses established in subparagraph (i) of 30 this paragraph. 31 b. for the period beginning January first, two thousand [twenty-three] 32 twenty-six through December thirty-first, two thousand [twenty-six] 33 twenty-nine, persons who were issued a commercial whelk or conch license 34 in the previous year shall be eligible to be issued such license. 35 c. for the period beginning January first, two thousand [twenty-three] 36 twenty-six through December thirty-first, two thousand [twenty-six] 37 twenty-nine, persons who were not issued a commercial whelk or conch 38 license in the previous year shall be eligible to be issued such license 39 provided that the total number of such licenses issued to such persons 40 shall not exceed the difference between the number of licenses estab- 41 lished in paragraph a of this subdivision and the number of such 42 licenses issued pursuant to paragraph b of this subdivision, subject to 43 the following: 44 (i) licenses shall be issued in the order in which the applications 45 were received, except that where multiple applications are received by 46 the department on the same day, applicants for whom the department has 47 received notice of successful completion of an apprenticeship pursuant 48 to subdivision seven of this section shall be considered by the depart- 49 ment prior to other applicants; 50 (ii) licenses may be issued to individuals only; 51 (iii) licenses shall be issued to applicants who are sixteen years of 52 age or older at the time of the application; and 53 (iv) licenses shall be issued only to persons who demonstrate in a 54 manner acceptable to the department that they received an average of at 55 least fifteen thousand dollars of income over three consecutive years 56 from commercial fishing or fishing, or who successfully complete an 
 A. 11443 6 1 apprenticeship pursuant to subdivision seven of this section. As used in 2 this subparagraph, "commercial fishing" means the taking and sale of 3 marine resources including fish, shellfish, crustacea or other marine 4 biota and "fishing" means commercial fishing and carrying fishing 5 passengers for hire. Individuals who wish to qualify based on income 6 from "fishing" must hold a valid marine and coastal district party and 7 charter boat license. No more than ten percent of the licenses issued 8 each year pursuant to this paragraph shall be issued to applicants who 9 qualify based upon income derived from operation of or employment by a 10 party or charter boat. 11 5. Marine and coastal district party and charter boat licenses. Marine 12 and coastal district party and charter boat licenses provided for by 13 section 13-0336 of this title shall be issued as follows, except that 14 this subdivision shall not apply to the owner or operator of a party 15 boat or charter boat whose vessel is classified by the United States 16 Coast Guard as an Inspected Passenger Vessel and which is licensed to 17 carry more than six passengers: 18 a. for the years two thousand [twenty-three] twenty-six through two 19 thousand [twenty-six] twenty-nine, the annual number of marine and coas- 20 tal district party and charter boat licenses issued shall not exceed 21 five hundred seventeen. 22 b. for the years two thousand [twenty-three] twenty-six through two 23 thousand [twenty-six] twenty-nine, persons who were issued a marine and 24 coastal district party and charter boat license in the previous year 25 shall be eligible to be issued such license. 26 c. for the years two thousand [twenty-three] twenty-six through two 27 thousand [twenty-six] twenty-nine, the department shall issue marine and 28 coastal district party and charter boat licenses to persons who were not 29 issued such license in the previous year, provided that the total number 30 of licenses issued does not exceed five hundred seventeen, subject to 31 the following: 32 (i) licenses shall be issued in the order in which the applications 33 were received; 34 (ii) licenses shall be issued only to persons who hold an Uninspected 35 Passenger Vessel license issued by the United States Coast Guard. 36 § 2. This act shall take effect immediately.