Removes the provision that an immediate family member needs to be domiciled in the house of the license or permit holder for the purpose of commercial fishing license transfers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6057A
SPONSOR: Schiavoni TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
definition of "immediate family"
PURPOSE:
This legislation modifies the definition of immediate family for the
purposes of commercial fishing license transfers.
SUMMARY OF PROVISIONS:
Paragraph d of subdivision 6 of section 13-0328 of the Environmental
Conservation Law is amended to remove the provision that an immediate
family member needs to be domiciled in the house of the license or
permit holder for the purpose of commercial fishing license transfers.
JUSTIFICATION:
Section 13-0328 of the Environmental Conservation Law allows the Depart-
ment of Environmental Conservation to transfer certain commercial fish-
ing licenses to immediate family members in cases where a license holder
dies prior to transferring his or her license. Currently, the defi-
nition of immediate family means that licenses may be transferred to
immediate family members including a spouse, sibling, parent, child,
grandparent, grandchild and in addition, all persons who are related by
blood, marriage or adoption to the permit holder who live in the house
of the license or permit holder. This legislation would allow immediate
family members covered under the provisions of section 13-0328 to be
eligible to receive a transferred license or permit even if they do not
live in the same household.
LEGISLATIVE HISTORY:
2023-24: S.2110/A.3795
2021-22: S.5307/A.5909
2019-20:S.3725/A.5518
2017-18:S.4818/A.6313
2015-16:S.4390/A.6225
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6057--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 26, 2025
___________
Introduced by M. of A. SCHIAVONI -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to the
definition of "immediate family"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph d of subdivision 6 of section 13-0328 of the
2 environmental conservation law, as added by chapter 264 of the laws of
3 2014, is amended to read as follows:
4 d. For purposes of this section, "immediate family" shall include
5 spouse, sibling, parent, child, grandparent, grandchild, and, in addi-
6 tion, all persons who are related by blood, marriage or adoption to the
7 license or permit holder [and domiciled in the house of the license or
8 permit holder].
9 § 2. This act shall take effect immediately and shall only apply to
10 any license or permit reissued on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06005-02-5
