Permits kelp cultivation in underwater lands at Gardiner's and Peconic bays; permits Suffolk county to lease lands under water ceded to it by the state for the purpose of kelp cultivation; modifies certain provisions regarding commercial fishing licenses; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
6532--A
Cal. No. 984
2021-2022 Regular Sessions
IN SENATE
May 5, 2021
___________
Introduced by Sens. KAMINSKY, MANNION, PALUMBO -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the environmental conservation law, in relation to
permitting kelp cultivation in underwater lands at Gardiner's and
Peconic bays and commercial fishing licenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The state of New York has made a
2 significant investment in combating nitrogen pollution, low dissolved
3 oxygen, harmful algal blooms and a variety of other water quality
4 impairments that threaten our coastal waters and fisheries and human
5 health.
6 Kelp, which is native to New York waters, plays an important role in
7 the fight to restore the health of our waterways. Kelp acts as a natural
8 sink for carbon and nitrogen in our bays while increasing oxygen levels
9 and reducing acidification. Kelp serves as a natural habitat for fish
10 and shellfish in the state's waters. As New York continues to fight
11 climate change and nitrogen pollution, sustainable kelp farming can
12 provide substantial environmental benefits for the state. Kelp farming
13 has a very low environmental impact footprint, requiring no additional
14 water or fertilizer use, but yields a valuable product.
15 In addition to the environmental benefits, there are economic benefits
16 for New York state by entering the emerging kelp farming market. Kelp is
17 an edible and nutritious food with a growing market. It is also utilized
18 in cosmetic and personal care products and used in fertilizer and animal
19 feed.
20 States including Connecticut, Massachusetts, Maine, and Rhode Island
21 have already established kelp and commercial seaweed aquaculture
22 programs. In New York, there is an opportunity to promote this industry
23 by providing access for kelp aquaculture to state owned underwater lands
24 ceded to Suffolk County.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11095-05-1
S. 6532--A 2
1 The cultivation of kelp is a growing industry with significant econom-
2 ic, health, and environmental benefits. The enactment of this legis-
3 lation would promote kelp aquaculture in Gardiner's and Peconic Bays,
4 create economic benefits in New York state, and restore water quality
5 and fish habitat in the state's waterways.
6 § 2. Section 13-0302 of the environmental conservation law, as added
7 by chapter 425 of the laws of 2004, subdivision 10 as added by chapter
8 322 of the laws of 2016, is amended to read as follows:
9 § 13-0302. Lands underwater of Gardiner's and Peconic bays.
10 1. Underwater lands ceded to county of Suffolk. All the right, title
11 and interest in which the people of the state of New York have in and to
12 the lands under water of Gardiner's and Peconic bays in the county of
13 Suffolk, except underwater lands within one thousand feet of the high
14 water mark is hereby ceded to such county, for the purposes of shellfish
15 or kelp cultivation, to be managed and controlled by such county,
16 provided that such lands shall revert to the state when they shall cease
17 to be used for shellfish cultivation. For the purposes of this section,
18 the term "Gardiner's and Peconic bays" shall mean the waters of
19 Gardiner's and Peconic bays and the tributaries thereof between the
20 westerly shore of Great Peconic bay and an easterly line running from
21 the most easterly point of Plum island to Goff point at the entrance of
22 Napeague harbor.
23 2. Ratification. The grant of lands under the waters of Gardiner's and
24 Peconic bays, by the commissioners of shell fisheries, in accordance
25 with the provisions of chapter 385 of the laws of 1884, as amended,
26 subsequently held and used by the grantees, heirs, successors, and
27 assigns on which all taxes and assessments have been paid, are hereby
28 ratified and confirmed. Any underwater lands in Gardiner's and Peconic
29 Bays previously granted that revert or escheat to the state or are
30 subject to tax deed by the county of Suffolk shall be available to the
31 county for leasing pursuant to this section. All other lands under such
32 waters, which pursuant to such chapters, have escheated or reverted to
33 the state, are hereby ceded to Suffolk county for the purposes of the
34 cultivation of shellfish, subject to existing valid grants and ease-
35 ments; provided however, that nothing in this section shall interfere
36 with the right of the commissioner of general services to grant lands
37 and easements under water to owners of adjacent uplands, pursuant to the
38 provisions of the public lands law, or of the legislature to make such
39 grants without regard to upland ownership, and to grant franchises to
40 utilities, municipalities and governmental, educational, or scientific
41 bodies for cables, outfalls, ecological studies, and experimentation
42 with controlled marine life.
43 3. Leases for shellfish cultivation. Suffolk county may lease lands
44 under water ceded to it by the state for the purpose of shellfish culti-
45 vation. Provided if no such leases have been executed by December thir-
46 ty-first, two thousand ten, such authority to lease pursuant to this
47 section shall terminate.
48 a. Leases may be issued only within areas designated as shellfish
49 cultivation zones on a map or maps to be prepared and approved by the
50 county of Suffolk.
51 b. No lease shall be granted except upon written application on forms
52 furnished by the county of Suffolk, and properly executed and signed by
53 the applicant.
54 c. Before a lease is approved, notice shall be provided for at least
55 two months by posting such notice at the bureau of marine resources in
56 the department, the office of the county clerk, and the office of the
S. 6532--A 3
1 town clerk in which all or any part of the lands to be leased are
2 located. Such notice shall also be published in the official newspaper
3 of the county. The notice shall include the name of the lessee, the
4 boundaries of the lease, and the area of the lease. A copy of the
5 proposed lease shall be available for public inspection and copying in
6 the office of the county clerk.
7 4. Establishment of shellfish cultivation zones. Before leasing or
8 using the lands hereby ceded to it, the county of Suffolk shall cause an
9 accurate survey to be made of such lands, and a map or maps to be
10 prepared therefrom. Such map or maps shall establish shellfish culti-
11 vation zones within Gardiner's and Peconic bays. Such map or maps shall
12 be approved by local law. After such map or maps have been adopted, the
13 county shall have the authority to issue leases for shellfish culti-
14 vation within the shellfish cultivation zones, as provided herein. Such
15 map or maps shall be updated by the county of Suffolk every five years.
16 a. Underwater lands within one thousand feet of the high water mark
17 shall not be included in a shellfish cultivation zone.
18 b. Underwater lands where bay scallops are produced regularly and
19 harvested on a commercial basis shall not be included in a shellfish
20 cultivation zone.
21 c. Underwater lands where there is an indicated presence of shellfish
22 in sufficient quantity and quality and so located as to support signif-
23 icant hand raking and/or tonging harvesting shall not be included in a
24 shellfish cultivation zone.
25 d. Underwater lands where the leasing will result in a significant
26 reduction of established commercial finfish or crustacean fisheries
27 shall not be included in a shellfish cultivation zone.
28 5. Regulations for shellfish cultivation. The county shall, by local
29 law, before leasing any such underwater lands, adopt regulations govern-
30 ing:
31 a. applications for leases;
32 b. notices to be given;
33 c. the form and terms of leases;
34 d. standards for the approval or denial of leases;
35 e. administration of leases;
36 f. the transfer or renewal of leases;
37 g. marking grounds and testing;
38 h. fees;
39 i. recording of leases;
40 j. bonds; and
41 k. such other matters as are appropriate to the leasing program.
42 6. Department authority over shellfish cultivation. Notwithstanding
43 any of the provisions of this section:
44 a. any person engaging in the cultivation or harvesting of shellfish
45 in a shellfish cultivation zone pursuant to this section shall obtain a
46 permit in accordance with section 13-0316 of this title; and
47 b. the department shall regulate and control the use of certain types
48 of vessels and equipment for harvesting shellfish, requirements for
49 reseeding, the right to enter upon such leased lands for reseeding or
50 making shellfish population surveys, and enforce all other applicable
51 state laws relating to said underwater lands.
52 7. Leases for kelp cultivation.
53 a. Suffolk county may lease lands under water ceded to it by the state
54 for the purpose of kelp cultivation, provided if no such leases have
55 been executed by December thirty-first, two thousand thirty-one, such
56 authority to lease pursuant to this section shall terminate. Nothing
S. 6532--A 4
1 shall preclude the county from issuing a single lease to an applicant
2 for both shellfish and kelp, provided that the application complies with
3 all the requirements of this section. For the purposes of this section,
4 "kelp" means any of the brown seaweeds of the order of Laminariales
5 approved by the commissioner for cultivation in the waters of Gardiner's
6 and Peconic bays.
7 b. Leases may be issued only within areas designated as kelp culti-
8 vation zones on a map or maps to be prepared and approved by the county
9 of Suffolk.
10 c. No lease shall be granted, except upon written application on forms
11 furnished by the county of Suffolk, and properly executed and signed by
12 the applicant.
13 d. Before a lease is approved, notice shall be provided for at least
14 two months by posting such notice at the bureau of marine resources in
15 the department, the office of the county clerk, and the office of the
16 town clerk in which all or any part of the lands to be leased are
17 located. Such notice shall also be published in the official newspaper
18 of the county. The notice shall include the name of the lessee, the
19 boundaries of the lease, and the area of the lease. A copy of the
20 proposed lease shall be available for public inspection and copying in
21 the office of the county clerk.
22 e. Before leasing or using the lands hereby ceded to it for kelp
23 cultivation, the county of Suffolk shall cause an accurate survey to be
24 made of such lands, and a map or maps to be prepared therefrom. Such map
25 or maps shall establish kelp cultivation zones within Gardiner's and
26 Peconic bays. Such map or maps shall be approved by local law. After
27 such map or maps have been adopted, the county shall have the authority
28 to issue leases for kelp cultivation within the kelp cultivation zones,
29 as provided herein. Such map or maps shall be updated by the county of
30 Suffolk every five years.
31 f. Underwater lands within one thousand feet of the high water mark
32 shall not be included in a kelp cultivation zone.
33 g. Underwater lands where bay scallops are produced regularly and
34 harvested on a commercial basis shall not be included in a kelp culti-
35 vation zone.
36 h. Underwater lands where there is an indicated presence of shellfish
37 in sufficient quantity and quality and so located as to support signif-
38 icant hand raking and/or tonging harvesting shall not be included in a
39 kelp cultivation zone.
40 i. Underwater lands where the leasing will result in a significant
41 reduction of established commercial finfish or crustacean fisheries
42 shall not be included in a kelp cultivation zone.
43 j. The county shall, by local law, before leasing any such underwater
44 lands, adopt regulations governing:
45 (i) applications for leases;
46 (ii) notices to be given;
47 (iii) the form and terms of leases;
48 (iv) standards for the approval or denial of leases;
49 (v) administration of leases;
50 (vi) the transfer or renewal of leases;
51 (vii) marking grounds and testing;
52 (viii) fees;
53 (ix) recording of leases;
54 (x) bonds; and
55 (xi) such other matters as are appropriate to the leasing program.
56 k. Notwithstanding any of the provisions of this section:
S. 6532--A 5
1 (i) any person engaging in the cultivation or harvesting of kelp in a
2 kelp cultivation zone pursuant to this section shall obtain all permits
3 required by this chapter;
4 (ii) the department shall regulate and control the use of certain
5 types of vessels and equipment for harvesting kelp, requirements for
6 reseeding, the right to enter upon such leased lands, and enforce all
7 other applicable state laws relating to said underwater lands; and
8 (iii) any person engaging in the cultivation or harvesting of kelp in
9 a kelp cultivation zone pursuant to this section shall receive approval
10 from the commissioner.
11 8. Duties of the county clerk. Leases issued pursuant to this section
12 shall be recorded in the office of the county clerk in the manner and
13 form to be determined by local law as provided in subdivision five of
14 this section.
15 [8.] 9. Summary proceedings. Upon the failure of a lessee to pay the
16 rental on any date due under the terms of the lease or upon revocation
17 as provided for by local law pursuant to subdivision five or seven of
18 this section, the county may, after written notice to the lessee declare
19 the lease cancelled as of the date set forth in such notice, and may
20 immediately thereafter evict the lessee from such lands. The provisions
21 of article seven of the real property actions and proceedings law shall
22 apply and govern the procedure in such case.
23 [9.] 10. Disposition of fees and rents. All fees and rents received
24 shall be deposited into the general fund of the county. However, in the
25 alternative, nothing shall prohibit the county of Suffolk, by local law,
26 from establishing a special fund for the promotion of aquaculture where
27 such fees and rents shall be deposited.
28 [10. Suffolk county shall be authorized to allow the underwater lands
29 at Gardiner's and Peconic Bays within the shellfish cultivation zone to
30 be used for the implementation of a pilot program to conduct research
31 and scientific assessment of the feasibility of seaweed cultivation.
32 Such pilot program shall be limited to persons holding a lease from
33 Suffolk county for shellfish cultivation and shall be limited to a total
34 of five acres of such cultivation zone provided that any one person may
35 be authorized to conduct seaweed cultivation on no more than one acre of
36 the lease. Suffolk county shall provide a report to the legislature and
37 the department on the pilot program no later than January first, two
38 thousand twenty-six.]
39 § 3. Subdivisions 1, 2, 3, 4 and 5 of section 13-0328 of the environ-
40 mental conservation law, subdivision 1 as amended by chapter 21 of the
41 laws of 2019, paragraphs a and b and the opening paragraph of paragraph
42 c of subdivision 1 as amended by section 1 of item R of subpart A of
43 part XXX of chapter 58 of the laws of 2020, subparagraph (iv) of para-
44 graph c of subdivision 1 as amended by chapter 490 of the laws of 2019,
45 and subdivisions 2, 3, 4 and 5 as amended by section 2 of item R of
46 subpart A of part XXX of chapter 58 of the laws of 2020, are amended to
47 read as follows:
48 1. Commercial food fish licenses. Commercial food fish licenses
49 provided for by section 13-0335 of this title shall be issued as
50 follows:
51 a. for the period beginning January first, two thousand eighteen
52 through December thirty-first, two thousand [twenty-one] twenty-two, the
53 number of resident commercial food fish licenses and the number of non-
54 resident commercial food fish licenses shall not exceed the following
55 annual limits:
S. 6532--A 6
1 (i) for two thousand eighteen, the number of licenses shall be limited
2 to the number of licenses issued in two thousand seventeen, plus fifty
3 percent of any difference between the number of licenses issued in two
4 thousand seventeen and nine hundred sixty-nine;
5 (ii) for two thousand nineteen, the number of licenses shall be limit-
6 ed to the number of licenses established in subparagraph (i) of this
7 paragraph;
8 (iii) for two thousand twenty, the number of licenses shall be limited
9 to the number of licenses established in subparagraph (i) of this para-
10 graph; [and]
11 (iv) for two thousand twenty-one, the number of licenses shall be
12 limited to the number of licenses established in subparagraph (i) of
13 this paragraph; and
14 (v) for two thousand twenty-two, the number of licenses shall be
15 limited to the number of licenses established in subparagraph (i) of
16 this paragraph.
17 b. for the period beginning January first, two thousand [twenty] twen-
18 ty-one through December thirty-first, two thousand [twenty-one] twenty-
19 two, persons who were issued a commercial food fish license in the
20 previous year shall be eligible to be issued such license.
21 c. for the period beginning January first, two thousand [twenty] twen-
22 ty-one through December thirty-first, two thousand [twenty-one] twenty-
23 two, the department shall issue commercial food fish licenses to persons
24 who were not issued such license in the previous year provided that the
25 total number of such licenses issued to such persons does not exceed the
26 difference between the number of licenses established in paragraph a of
27 this subdivision and the number of such licenses issued pursuant to
28 paragraph b of this subdivision, subject to the following:
29 (i) licenses shall be issued in the order in which the applications
30 were received, except that where multiple applications are received by
31 the department on the same day, applicants for whom the department has
32 received notice of successful completion of an apprenticeship pursuant
33 to subdivision seven of this section shall be considered by the depart-
34 ment prior to other applicants;
35 (ii) licenses may be issued to individuals only;
36 (iii) licenses shall be issued to applicants who are sixteen years of
37 age or older at the time of the application; and
38 (iv) licenses shall be issued only to persons who demonstrate in a
39 manner acceptable to the department that they received an average of at
40 least fifteen thousand dollars of income over three consecutive years
41 from commercial fishing or fishing, or who successfully complete a
42 commercial food fish apprenticeship pursuant to subdivision seven of
43 this section. As used in this subparagraph, "commercial fishing" means
44 the taking and sale of marine resources including fish, shellfish, crus-
45 tacea or other marine biota and "fishing" means commercial fishing and
46 carrying fishing passengers for hire. Individuals who wish to qualify
47 based on income from "fishing" must hold a valid marine and coastal
48 district party and charter boat license. No more than ten percent of the
49 licenses issued each year based on income eligibility pursuant to this
50 paragraph shall be issued to applicants who qualify based solely upon
51 income derived from operation of or employment by a party or charter
52 boat. For the income evaluation of this subdivision, the department may
53 consider persons who would otherwise be eligible but for having served
54 in the United States armed forces on active duty, provided that such
55 individual (1) has received an honorable or general discharge, or (2)
56 has a qualifying condition, as defined in section three hundred fifty of
S. 6532--A 7
1 the executive law, and has received a discharge other than bad conduct
2 or dishonorable from such service, or (3) is a discharged LGBT veteran,
3 as defined in section three hundred fifty of the executive law, and has
4 received a discharge other than bad conduct or dishonorable from such
5 service, shall not be deemed ineligible.
6 2. Commercial lobster permits. Commercial lobster permits provided for
7 by section 13-0329 of this title shall be issued as follows:
8 for the period beginning January first, two thousand [twenty] twenty-
9 one, through December thirty-first, two thousand [twenty-one]
10 twenty-two, only persons who were issued a commercial lobster permit in
11 the previous year shall be eligible to be issued such permit.
12 3. Commercial crab permits. Commercial crab permits provided for by
13 section 13-0331 of this title shall be issued as follows:
14 a. for the period beginning January first, two thousand eighteen
15 through December thirty-first, two thousand [twenty-one] twenty-two, the
16 number of resident commercial crab permits and the number of non-resi-
17 dent commercial crab permits shall not exceed the following annual
18 limits:
19 (i) for two thousand eighteen, the number of permits shall be limited
20 to the number of permits issued in two thousand seventeen, plus fifty
21 percent of any difference between the number of permits issued in two
22 thousand seventeen and five hundred sixty-three;
23 (ii) for two thousand nineteen, the number of permits shall be limited
24 to the number of permits established in subparagraph (i) of this para-
25 graph;
26 (iii) for two thousand twenty, the number of permits shall be limited
27 to the number of permits established in subparagraph (i) of this para-
28 graph; [and]
29 (iv) for two thousand twenty-one, the number of licenses shall be
30 limited to the number of licenses established in subparagraph (i) of
31 this paragraph; and
32 (v) for two thousand twenty-two, the number of licenses shall be
33 limited to the number of licenses established in subparagraph (i) of
34 this paragraph.
35 b. for the period beginning January first, two thousand [twenty] twen-
36 ty-one through December thirty-first, two thousand [twenty-one] twenty-
37 two, persons who were issued a commercial crab permit in the previous
38 year shall be eligible to be issued such permit.
39 c. for the period beginning January first, two thousand [twenty] twen-
40 ty-one through December thirty-first, two thousand [twenty-one] twenty-
41 two, the department shall issue commercial crab permits to persons who
42 were not issued such permit in the previous year provided that the total
43 number of such permits issued to such persons does not exceed the
44 difference between the number of permits established in paragraph a of
45 this subdivision and the number of such permits issued pursuant to para-
46 graph b of this subdivision, subject to the following:
47 (i) permits shall be issued in the order in which the applications
48 were received, except that where multiple applications are received by
49 the department on the same day, applicants for whom the department has
50 received notice of successful completion of an apprenticeship pursuant
51 to subdivision seven of this section shall be considered by the depart-
52 ment prior to other applicants;
53 (ii) permits may be issued to individuals only;
54 (iii) permits shall be issued to applicants who are sixteen years of
55 age or older at the time of the application; and
S. 6532--A 8
1 (iv) permits shall be issued only to persons who demonstrate in a
2 manner acceptable to the department that they received an average of at
3 least fifteen thousand dollars of income over three consecutive years
4 from commercial fishing or fishing, or who successfully complete an
5 apprenticeship pursuant to subdivision seven of this section. As used in
6 this subparagraph, "commercial fishing" means the taking and sale of
7 marine resources including fish, shellfish, crustacea or other marine
8 biota and "fishing" means commercial fishing and carrying fishing
9 passengers for hire. Individuals who wish to qualify based on income
10 from "fishing" must hold a valid marine and coastal district party and
11 charter boat license. No more than ten percent of the permits issued
12 each year based on income eligibility pursuant to this paragraph shall
13 be issued to applicants who qualify based upon income derived from oper-
14 ation of or employment by a party or charter boat.
15 4. Commercial whelk or conch licenses. Commercial whelk or conch
16 licenses provided for by section 13-0330 of this title shall be issued
17 as follows:
18 a. for the period beginning January first, two thousand eighteen
19 through December thirty-first, two thousand [twenty-one] twenty-two, the
20 number of resident commercial whelk or conch licenses and the number of
21 non-resident commercial whelk or conch licenses shall not exceed the
22 following annual limits:
23 (i) for two thousand eighteen, the number of licenses shall be limited
24 to the number of licenses issued in two thousand seventeen plus fifty
25 percent of any difference between the number of licenses issued in two
26 thousand seventeen and two hundred fifty-two;
27 (ii) for two thousand nineteen, the number of licenses shall be limit-
28 ed to the number of licenses established in subparagraph (i) of this
29 paragraph;
30 (iii) for two thousand twenty, the number of licenses shall be limited
31 to the number of licenses established in subparagraph (i) of this para-
32 graph; [and]
33 (iv) for two thousand twenty-one, the number of licenses shall be
34 limited to the number of licenses established in subparagraph (i) of
35 this paragraph; and
36 (v) for two thousand twenty-two, the number of licenses shall be
37 limited to the number of licenses established in subparagraph (i) of
38 this paragraph.
39 b. for the period beginning January first, two thousand [twenty] twen-
40 ty-one through December thirty-first, two thousand [twenty-one] twenty-
41 two, persons who were issued a commercial whelk or conch license in the
42 previous year shall be eligible to be issued such license.
43 c. for the period beginning January first, two thousand [twenty] twen-
44 ty-one through December thirty-first, two thousand [twenty-one] twenty-
45 two, persons who were not issued a commercial whelk or conch license in
46 the previous year shall be eligible to be issued such license provided
47 that the total number of such licenses issued to such persons shall not
48 exceed the difference between the number of licenses established in
49 paragraph a of this subdivision and the number of such licenses issued
50 pursuant to paragraph b of this subdivision, subject to the following:
51 (i) licenses shall be issued in the order in which the applications
52 were received, except that where multiple applications are received by
53 the department on the same day, applicants for whom the department has
54 received notice of successful completion of an apprenticeship pursuant
55 to subdivision seven of this section shall be considered by the depart-
56 ment prior to other applicants;
S. 6532--A 9
1 (ii) licenses may be issued to individuals only;
2 (iii) licenses shall be issued to applicants who are sixteen years of
3 age or older at the time of the application; and
4 (iv) licenses shall be issued only to persons who demonstrate in a
5 manner acceptable to the department that they received an average of at
6 least fifteen thousand dollars of income over three consecutive years
7 from commercial fishing or fishing, or who successfully complete an
8 apprenticeship pursuant to subdivision seven of this section. As used in
9 this subparagraph, "commercial fishing" means the taking and sale of
10 marine resources including fish, shellfish, crustacea or other marine
11 biota and "fishing" means commercial fishing and carrying fishing
12 passengers for hire. Individuals who wish to qualify based on income
13 from "fishing" must hold a valid marine and coastal district party and
14 charter boat license. No more than ten percent of the licenses issued
15 each year pursuant to this paragraph shall be issued to applicants who
16 qualify based upon income derived from operation of or employment by a
17 party or charter boat.
18 5. Marine and coastal district party and charter boat licenses. Marine
19 and coastal district party and charter boat licenses provided for by
20 section 13-0336 of this title shall be issued as follows, except that
21 this subdivision shall not apply to the owner or operator of a party
22 boat or charter boat whose vessel is classified by the United States
23 Coast Guard as an Inspected Passenger Vessel and which is licensed to
24 carry more than six passengers:
25 a. for the years two thousand [twenty] twenty-one through two thousand
26 [twenty-one] twenty-two, the annual number of marine and coastal
27 district party and charter boat licenses issued shall not exceed five
28 hundred seventeen.
29 b. for the years two thousand [twenty] twenty-one through two thousand
30 [twenty-one] twenty-two, persons who were issued a marine and coastal
31 district party and charter boat license in the previous year shall be
32 eligible to be issued such license.
33 c. for the years two thousand [twenty] twenty-one through two thousand
34 [twenty-one] twenty-two, the department shall issue marine and coastal
35 district party and charter boat licenses to persons who were not issued
36 such license in the previous year, provided that the total number of
37 licenses issued does not exceed five hundred seventeen, subject to the
38 following:
39 (i) licenses shall be issued in the order in which the applications
40 were received;
41 (ii) licenses shall be issued only to persons who hold an Uninspected
42 Passenger Vessel license issued by the United States Coast Guard.
43 § 4. If any clause, sentence, paragraph, section or part of this act
44 shall be adjudged by any court of competent jurisdiction to be invalid,
45 such judgment shall not affect, impair or invalidate the remainder ther-
46 eof, but shall be confined in its operation to the clause, sentence,
47 paragraph, section or part thereof directly involved in the controversy
48 in which such judgment shall have been rendered.
49 § 5. This act shall take effect immediately; provided that the amend-
50 ments to subdivision 10 of section 13-0302 of the environmental conser-
51 vation law made by section two of this act shall not affect the repeal
52 of such subdivision and shall be deemed repealed therewith; and provided
53 that the amendments to section 13-0328 of the environmental conservation
54 law made by section three of this act shall take effect December 31,
55 2021.
