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A02005 Summary:

BILL NOA02005
 
SAME ASNo Same As
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Amd §13-0328, En Con L
 
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.
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A02005 Actions:

BILL NOA02005
 
01/23/2023referred to environmental conservation
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A02005 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2005
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred 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  760 of the laws of 2022, 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
    21  adopt  regulations  to  amend  or  supplement  this  process for issuing
    22  commercial food fish licenses;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05703-01-3

        A. 2005                             2
 
     1    (i) [permits shall be issued in the order in  which  the  applications
     2  were  received,  except that where multiple applications are received by
     3  the department on the same day,] where the total  number  of  commercial
     4  crab permit applications from persons who were not issued such permit in
     5  the  previous year exceeds the number of permits that are available, the
     6  department shall randomly select recipients  of  the  available  permits
     7  from  among those applications received by the first business day of the
     8  applicable permit year, provided however that applicants  shall  receive
     9  one extra entry for each previous year that they applied for such permit
    10  and  were  not  selected,  and  applicants  for  whom the department has
    11  received notice of successful completion of an  apprenticeship  pursuant
    12  to subdivision seven of this section shall [be considered by the depart-
    13  ment  prior  to  other applicants] receive one extra entry, and provided
    14  further that the department is authorized to adopt regulations to  amend
    15  or supplement this process for issuing commercial crab permits;
    16    (i)  [licenses  shall be issued in the order in which the applications
    17  were received, except that where multiple applications are  received  by
    18  the  department  on  the same day,] where the total number of commercial
    19  crab permit applications from persons who were not issued such permit in
    20  the previous year exceeds the number of permits that are available,  the
    21  department  shall  randomly  select  recipients of the available permits
    22  from among those applications received by the first business day of  the
    23  applicable  permit  year, provided however that applicants shall receive
    24  one extra entry for each previous year that they applied for such permit
    25  and were not selected,  and  applicants  for  whom  the  department  has
    26  received  notice  of successful completion of an apprenticeship pursuant
    27  to subdivision seven of this section shall [be considered by the depart-
    28  ment prior to other applicants] receive one extra  entry,  and  provided
    29  further  that the department is authorized to adopt regulations to amend
    30  or supplement this process for issuing commercial crab permits;
    31    (i) [licenses shall be issued in the order in which  the  applications
    32  were  received]  where  the  total number of marine and coastal district
    33  party and charter boat license applications from persons  who  were  not
    34  issued  such license in the previous year exceeds the number of licenses
    35  that are available, the department shall randomly select  recipients  of
    36  the  available  licenses  from  among those applications received by the
    37  first business day of the applicable license year, provided however that
    38  applicants shall receive one extra entry for  each  previous  year  that
    39  they  applied  and  were  not  selected,  and  provided further that the
    40  department is authorized to adopt regulations  to  amend  or  supplement
    41  this  process  for issuing marine and coastal district party and charter
    42  boat licenses;
    43    8. Temporary authorization. In the event of a temporary  emergency,  a
    44  licensee  or permittee may provide written authorization for a person to
    45  temporarily undertake any  licensed  activities  on  the  licensee's  or
    46  permittee's  behalf.  Such authorization shall not be effective until it
    47  has been approved by the department. A copy  of  such  written  authori-
    48  zation  shall  be  filed  with  the department, and the department shall
    49  determine what constitutes a temporary  emergency  and  the  appropriate
    50  maximum  duration  of  a  temporary  emergency  for the purposes of this
    51  subdivision.   The department is  authorized  to  adopt  regulations  to
    52  establish requirements for this program.
    53    § 2. This act shall take effect immediately.
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