A6169-2011 Actions

• Jan 4, 2012: referred to environmental conservation
• Mar 8, 2011: referred to environmental conservation

A6169-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6169
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 March 8, 2011
 
 Introduced  by  M.  of  A.  THIELE, CONTE, FITZPATRICK, GRAF, LOSQUADRO,
 McKEVITT, MONTESANO, MURRAY, RAIA, SALADINO,  SCHIMEL,  WEISENBERG  -
 read once and referred to the Committee on Environmental Conservation
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
 establishing a registration system for saltwater recreational fishing;
 and to repeal part LL of chapter 59 of the laws of 2009  amending  the
 environmental  conservation law, relating to recreational marine fish
 ing licenses, relating thereto
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Part  LL  of chapter 59 of the laws of 2009, amending the
 environmental conservation law relating to recreational  marine  fishing
 licenses, is REPEALED.
 

S  2.  The environmental conservation law is amended by a adding a new
 section 13-0355 to read as follows:

 

S 13-0355. SALTWATER RECREATIONAL FISHING REGISTRY.
 1. DEFINITIONS OF  REGISTRATION;  PRIVILEGES.  REGISTRATION  WITH  THE
 SALTWATER  RECREATIONAL  FISHING  REGISTRY ENTITLES THE PERSON SO REGIS
 TERED WHO IS SIXTEEN YEARS OF AGE OR OLDER TO TAKE FISH FROM THE  WATERS
 OF THE MARINE AND COASTAL DISTRICT AND TO TAKE MIGRATORY FISH OF THE SEA
 FROM ALL WATERS OF THE STATE, EXCEPT AS PROVIDED IN SECTIONS 13-0333 AND
 13-0335 OF THIS TITLE.
 2. SALTWATER RECREATIONAL FISHING REGISTRY ESTABLISHED. A. THE COMMIS
 SIONER SHALL ADMINISTER AND MAINTAIN A REGISTRY OF PERSONS WHO ENGAGE IN
 SALTWATER  RECREATIONAL  FISHING. THE COMMISSIONER MAY DESIGNATE BY RULE
 THE METHODS OF FISHING OR THE SALTWATER AREAS FOR WHICH REGISTRATION  IS
 REQUIRED  UNDER  THIS  SECTION.  THE  REGISTRY  SHALL  CONTAIN THE NAME,
 ADDRESS, DATE OF BIRTH AND TELEPHONE NUMBER FOR EACH PERSON REGISTERED.
 B. EACH PERSON REGISTERED SHALL BE ASSIGNED  A  UNIQUE  IDENTIFICATION
 NUMBER.    SUCH  UNIQUE  IDENTIFICATION NUMBER SHALL CONTAIN AN EMBEDDED
 YEAR CODE, TO BE DETERMINED BY THE COMMISSIONER, DISCRETELY  DESIGNATING
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08337-03-1
 
       A. 6169                             2
 THE  YEAR  OF REGISTRATION OR RENEWAL OF REGISTRATION, TO ENSURE COMPLI
 ANCE WITH ANNUAL RENEWAL REQUIREMENTS PURSUANT TO PARAGRAPH A OF  SUBDI
 VISION THREE OF THIS SECTION.
 3.  REGISTRY  PROCEDURES.  A.   AN INDIVIDUAL'S SALTWATER RECREATIONAL
 FISHING REGISTRATION SHALL EXPIRE AT THE END OF EACH CALENDAR YEAR,  AND
 MAY BE RENEWED FOR EACH SUBSEQUENT CALENDAR YEAR PURSUANT TO PARAGRAPH C
 OF THIS SUBDIVISION.
 B. A PERSON MAY  INITIALLY REGISTER TO ENGAGE IN SALTWATER RECREATION
 AL FISHING:

 (I)  BY  APPEARING  BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE
 COMMISSIONER; OR
 (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM  ON  THE
 DEPARTMENT WEBSITE; OR
 (III)  THROUGH  A  PUBLICLY  ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM
 OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE
 TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO REGISTER  PURSUANT  TO
 THIS SECTION.
 C. A PERSON MAY RENEW HIS OR HER REGISTRATION UNDER THIS SECTION:

 (I)  BY  APPEARING  BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE
 COMMISSIONER; OR
 (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM  ON  THE
 DEPARTMENT WEBSITE; OR
 (III)  THROUGH  A  PUBLICLY  ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM
 OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE
 TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO RENEW REGISTRATIONS ON
 THE REGISTRY.
 D. A PERSON PURCHASING A FISHING LICENSE UNDER SECTION 11-0701 OF THIS
 CHAPTER SHALL BE ASKED IF THE PERSON INTENDS TO FISH  IN  SALTWATER  FOR
 THE  CALENDAR YEAR. IF THE PERSON ANSWERS IN THE AFFIRMATIVE, THE PERSON
 SHALL BE INFORMED OF THE REQUIREMENTS UNDER THIS SECTION.
 4. UNIQUE IDENTIFICATION NUMBER REQUIRED. A.  EACH  PERSON  REGISTERED
 SHALL  AT ALL TIMES HAVE THEIR UNIQUE IDENTIFICATION NUMBER ON THE HOLD
 ER'S PERSON WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION.
 B. FAILURE TO HAVE A UNIQUE  IDENTIFICATION  NUMBER  ON  ONE'S  PERSON
 WHILE  EXERCISING  ANY    PRIVILEGE  OF  THE REGISTRATION IS PRESUMPTIVE
 EVIDENCE THAT  SUCH  PERSON  IS  FISHING  WITHOUT  BEING  REGISTERED  AS
 REQUIRED BY THIS SECTION.
 5.  FEES. A FEE FOR REGISTERING ON THE REGISTRY MAY NOT BE ESTABLISHED
 OR LEVIED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A  PERSON  REGIS
 TERING  THROUGH  AN  ONLINE OR TELEPHONIC REGISTRATION SYSTEM MAY NOT BE
 CHARGED A FEE FOR REGISTERING.
 6. EXEMPTION FROM REQUIREMENT OF SALTWATER RECREATIONAL FISHING REGIS
 TRATION. A. MINORS UNDER THE AGE OF SIXTEEN MAY TAKE  FISH  AS  IF  THEY
 WERE REGISTERED WITH THE SALTWATER RECREATIONAL FISHING REGISTRY.
 B.  RECREATIONAL  FISHING  PASSENGERS ON A MARINE AND COASTAL DISTRICT
 PARTY OR CHARTER BOAT LICENSED PURSUANT TO SECTION 13-0336 OF THIS TITLE
 MAY TAKE FISH AS IF THEY HELD A RECREATIONAL MARINE FISHING LICENSE.
 7. FEDERAL REGISTRATION  REQUIREMENTS.  A.  THE  REGISTRY  ESTABLISHED
 PURSUANT  TO THIS SECTION SHALL COMPLY WITH THE PROVISIONS OF THE REGIS
 TRY PROGRAM TO BE ESTABLISHED PURSUANT TO THE  MAGNUSON-STEVENS  FISHERY
 CONSERVATION  AND  MANAGEMENT  REAUTHORIZATION ACT, 16 U.S.C. SS 1801 ET
 SEQ.
 B. UPON ESTABLISHMENT OF THE REGISTRY PURSUANT TO  THIS  SECTION,  THE
 COMMISSIONER SHALL APPLY TO THE NATIONAL MARINE FISHERIES SERVICE OF THE
 NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION  FOR  EXEMPTED STATE
 DESIGNATION FROM THE FEDERAL REGISTRATION REQUIREMENTS.
 
       A. 6169                             3
 8. RECIPROCITY IN BOUNDARY WATERS. IF PERSONS REGISTERED  PURSUANT  TO
 THIS  SECTION  IN  THE  SALTWATER  RECREATIONAL FISHING REGISTRY ARE NOT
 REQUIRED TO HAVE LICENSES ISSUED BY A STATE NAMED IN PARAGRAPH A, B OR C
 OF THIS SUBDIVISION WHEN FISHING IN THAT PART OF THE  WATERS,  SPECIFIED
 IN  SUCH  PARAGRAPH,  WHICH LIES WITHIN THAT STATE THEN, IN SUCH CASE, A
 PERSON SIMILARLY REGISTERED OR LICENSED BY SUCH STATE MAY, WITHOUT BEING
 REGISTERED PURSUANT TO THIS SECTION IN THE SALTWATER RECREATIONAL  FISH
 ING  REGISTRY,  TAKE  FISH  AS PROVIDED IN THIS TITLE, FROM THAT PART OF
 SUCH WATERS SPECIFIED IN PARAGRAPH A, B OR C OF THIS  SUBDIVISION  WHICH
 LIES WITHIN THIS STATE:

 A. LICENSE ISSUED BY CONNECTICUT: THOSE PARTS OF THE LONG ISLAND SOUND
 LYING BETWEEN NEW YORK AND CONNECTICUT.
 B.  LICENSE  ISSUED  BY  NEW  JERSEY:  THOSE PARTS OF NEW YORK HARBOR,
 HUDSON RIVER, KILL VAN KULL, ARTHUR KILL, RARITAN BAY AND ATLANTIC OCEAN
 LYING BETWEEN NEW YORK AND NEW JERSEY.
 C. LICENSE ISSUED BY RHODE ISLAND: THOSE  PARTS  OF  THE  LONG  ISLAND
 SOUND,  BLOCK ISLAND SOUND AND ATLANTIC OCEAN LYING BETWEEN NEW YORK AND
 RHODE ISLAND.
 

S 3. Any person who purchased a lifetime recreational  marine  fishing
 license shall be refunded the amount of the fee he or she paid in excess
 of a single season license.
 

S 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, provided, however, that effective immediate
 ly,  any regulations necessary for the timely implementation of this act
 on its effective date are authorized to be promulgated before such date.

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