S 678: Provides that where the total number of commercial food fish license, commercial crab permits, commercial whelk and conch licenses, and marine and coastal district party and charter boat license applications from persons who were not issued such license in the previous year exceeds the number of licenses that are available, the department of environmental conservation shall randomly select recipients of the available licenses from among those applications received by the first business day of the applicable license year; provides for a temporary authorization where in the event of a temporary emergency, a licensee or permittee may provide written authorization for a person to temporarily undertake any licensed activities on the licensee's or permittee's behalf; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 678 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to certain commercial food fish licenses, commercial crab permits, commercial whelk or conch licenses, marine and coastal district party and charter boat licenses and certain temporary authorizations for certain licenses and permits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph c of subdivision 1, subpara- 2 graph (i) of paragraph c of subdivision 3, subparagraph (i) of paragraph 3 c of subdivision 4 and subparagraph (i) of paragraph c of subdivision 5 4 of section 13-0328 of the environmental conservation law, as amended by 5 chapter 306 of the laws of 2023, are amended and a new subdivision 8 is 6 added to read as follows: 7 (i) [licenses shall be issued in the order in which the applications 8 were received, except that where multiple applications are received by 9 the department on the same day,] where the total number of commercial 10 food fish license applications from persons who were not issued such 11 license in the previous year exceeds the number of licenses that are 12 available, the department shall randomly select recipients of the avail- 13 able licenses from among those applications received by the first busi- 14 ness day of the applicable license year, provided however that appli- 15 cants shall receive one extra entry for each previous year that they 16 applied for such license and were not selected, and applicants for whom 17 the department has received notice of successful completion of an 18 apprenticeship pursuant to subdivision seven of this section shall [be 19 considered by the department prior to other applicants] receive one 20 extra entry, and provided further that the department is authorized to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02765-01-5 
 S. 678 2 1 adopt regulations to amend or supplement this process for issuing 2 commercial food fish licenses; 3 (i) [permits shall be issued in the order in which the applications 4 were received, except that where multiple applications are received by 5 the department on the same day,] where the total number of commercial 6 crab permit applications from persons who were not issued such permit in 7 the previous year exceeds the number of permits that are available, the 8 department shall randomly select recipients of the available permits 9 from among those applications received by the first business day of the 10 applicable permit year, provided however that applicants shall receive 11 one extra entry for each previous year that they applied for such permit 12 and were not selected, and applicants for whom the department has 13 received notice of successful completion of an apprenticeship pursuant 14 to subdivision seven of this section shall [be considered by the depart- 15 ment prior to other applicants] receive one extra entry, and provided 16 further that the department is authorized to adopt regulations to amend 17 or supplement this process for issuing commercial crab permits; 18 (i) [licenses shall be issued in the order in which the applications 19 were received, except that where multiple applications are received by 20 the department on the same day,] where the total number of commercial 21 whelk or conch permit applications from persons who were not issued such 22 permit in the previous year exceeds the number of permits that are 23 available, the department shall randomly select recipients of the avail- 24 able permits from among those applications received by the first busi- 25 ness day of the applicable permit year, provided however that applicants 26 shall receive one extra entry for each previous year that they applied 27 for such permit and were not selected, and applicants for whom the 28 department has received notice of successful completion of an appren- 29 ticeship pursuant to subdivision seven of this section shall [be consid- 30 ered by the department prior to other applicants] receive one extra 31 entry, and provided further that the department is authorized to adopt 32 regulations to amend or supplement this process for issuing commercial 33 whelk or conch permits; 34 (i) [licenses shall be issued in the order in which the applications 35 were received] where the total number of marine and coastal district 36 party and charter boat license applications from persons who were not 37 issued such license in the previous year exceeds the number of licenses 38 that are available, the department shall randomly select recipients of 39 the available licenses from among those applications received by the 40 first business day of the applicable license year, provided however that 41 applicants shall receive one extra entry for each previous year that 42 they applied and were not selected, and provided further that the 43 department is authorized to adopt regulations to amend or supplement 44 this process for issuing marine and coastal district party and charter 45 boat licenses; 46 8. Temporary authorization. In the event of a temporary emergency, a 47 licensee or permittee may provide written authorization for a person to 48 temporarily undertake any licensed activities on the licensee's or 49 permittee's behalf. Such authorization shall not be effective until it 50 has been approved by the department. A copy of such written authori- 51 zation shall be filed with the department, and the department shall 52 determine what constitutes a temporary emergency and the appropriate 53 maximum duration of a temporary emergency for the purposes of this 54 subdivision. The department is authorized to adopt regulations to 55 establish requirements for this program. 56 § 2. This act shall take effect immediately.