Relates to the regulation of commercial fishing licenses.

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S5086A-2011 Actions

• Aug 3, 2011: SIGNED CHAP.383
• Jul 22, 2011: DELIVERED TO GOVERNOR
• Jun 6, 2011: returned to senate
• Jun 6, 2011: passed assembly
• Jun 6, 2011: ordered to third reading rules cal.84
• Jun 6, 2011: substituted for a7801
• Jun 6, 2011: referred to environmental conservation
• Jun 6, 2011: DELIVERED TO ASSEMBLY
• Jun 6, 2011: PASSED SENATE
• May 24, 2011: AMENDED ON THIRD READING 5086A
• May 23, 2011: ADVANCED TO THIRD READING
• May 18, 2011: 2ND REPORT CAL.
• May 17, 2011: 1ST REPORT CAL.708
• May 3, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S5086A-2011 Calendars

Active List: Jun 6, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011

S5086A-2011 Votes

S5086A-2011 Memo

BILL NUMBER:S5086A

TITLE OF BILL:
An act
to amend the environmental
conservation law, in relation to
commercial fishing licenses

PURPOSE:
To extend and modify the eligibility limitations for commercial
fishing licenses.

SUMMARY OF PROVISIONS:
Amends ECL � 13-0328 to: (1) maintain a cap on the number of
commercial food fish, crab, whelk (conch), and marine and coastal
district party and charter boat licenses or permits that may be
issued; (2) maintain the current moratorium on new lobster permits;
(3) maintain the current eligibility requirements for commercial
licenses and permits; (4) continue to allow the transfer (reissuance)
of food fish and whelk licenses and lobster and crab permits to a
member of the prior holder's immediate family and clarify the
conditions under which such transfer takes place; and (5) continue
the authority of DEC to establish an apprenticeship program.

JUSTIFICATION:
Since ECL � 13-0328 was last amended in 2007, the number of commercial
fishing licenses and permits issued has generally continued to
decline as follows:

                                 2007   2008   2009   2010

Resident Food Fish               1059   1028   1006    990
Non-Resident Food Fish             50     46     43     40
Resident Crab                     605    588    589    578
Non-Resident Crab                  30     30     29     28
Resident Lobster                  412    384    375    337
Non-Resident Lobster               30     30     30     27
Resident Whelk                    262    259    260    256
Non-Resident Whelk                 12     12     12     12
Party & Charter Boat              536    530    524    501

In  the  opinion  of  DEC  staff  the  current numbers of licenses and
permits are still too high to ensure economic viability of  commercial
fishers,  given  the  restrictions  and  limits  on  fishing  activity
required under current and foreseeable federal and interstate  fishery
management   regulations.  Accordingly,  this  bill  would  provide  a
mechanism for their further reduction over the next  four  years.  The
maximum  number  of party and charter boat licenses that may be issued
to uninspected passenger vessels  would  remain  at  517.  Further,  a
moratorium on new commercial lobster permits would continue because of
significantly   excess   harvesting   capacity   and  current  lobster
management regulations do not provide for  issuance  of  the  required
lobster  trap  tags  to  any  new  persons. The substantial decline in
lobster  abundance  that  has  resulted  from  episodes  of  mortality
beginning  in 1999 also supports continuing to prevent new entrants to
this troubled fishery.


The eligibility and transfer provisions, and  apprenticeship  program,
are  maintained  in order to uphold family and community traditions of
commercial fishing, and to provide limited opportunity for  new  entry
to individuals who show a commitment to the profession.

LEGISLATIVE HISTORY:
Last extended by Chapter 366 of 2007.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S5086A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   5086--A
      Cal. No. 708

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 3, 2011
                                 ___________

  Introduced by Sens. JOHNSON, GRISANTI -- read twice and ordered printed,
    and  when  printed  to  be committed to the Committee on Environmental
    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
    commercial fishing licenses

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  Section 13-0328 of the environmental conservation law,  as
  amended  by  chapter  366  of  the  laws  of 2007, is amended to read as
  follows:

  S 13-0328. Commercial licenses; limited entry.
    1. Commercial  food  fish  licenses.  Commercial  food  fish  licenses
  provided  for  by  section  13-0335  of  this  title  shall be issued as
  follows:

    a. [for the period beginning July first, nineteen hundred  ninety-nine
  and  ending  December  thirty-first,  nineteen  hundred ninety-nine, the
  following persons shall be eligible to be issued a commercial food  fish
  license:
    (i)  persons who held a valid commercial food fish license in nineteen
  hundred ninety-eight;
    (ii) persons who held a valid commercial food fish license in nineteen
  hundred ninety-six but not in nineteen hundred ninety-seven; and
    (iii) persons who submitted applications to the department during  the
  period commencing January first, nineteen hundred ninety-nine and ending
  on  the  effective date of this section and who were eligible to receive
  such license but had not been issued such license during such period.
    b.] for the period beginning January first, two thousand [four] TWELVE
  through December thirty-first, two thousand [eleven] FIFTEEN, the number
  of [residential] RESIDENT commercial food fish licenses and  the  number

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11226-03-1

 S. 5086--A                          2

  of  [non-residential]  NON-RESIDENT  commercial food fish licenses shall
  not exceed the following annual limits:

    (i) [for two thousand four, the number of licenses shall be limited to
  the  greater of the number of licenses issued in two thousand two or the
  number of licenses issued in two thousand three;
    (ii) for two thousand five, the number of licenses shall be limited to
  the number of licenses issued in two thousand four, plus  fifty  percent
  of  any difference between the number of licenses issued in two thousand
  four and the limit established in subparagraph (i) of this paragraph;
    (iii) for two thousand six, the number of licenses shall be limited to
  the number of licenses issued in two thousand five, plus  fifty  percent
  of  any difference between the number of licenses issued in two thousand
  five and the limit established in subparagraph (ii) of this paragraph;
    (iv) for two thousand seven, the number of licenses shall  be  limited
  to the number of licenses issued in two thousand six, plus fifty percent
  of  any difference between the number of licenses issued in two thousand
  six and the limit established in subparagraph (iii) of this paragraph;
    (v)] for two thousand [eight] TWELVE, the number of licenses shall  be
  limited to the number of licenses issued in two thousand [seven] ELEVEN,
  plus  fifty  percent  of  any  difference between the number of licenses
  issued in two thousand [seven] ELEVEN  and  [the  limit  established  in
  subparagraph (iv) of this paragraph] ONE THOUSAND FIFTY-THREE;
    [(vi)]  (II)  for two thousand [nine] THIRTEEN, the number of licenses
  shall be limited to the  number  of  licenses  issued  in  two  thousand
  [eight]  TWELVE, plus fifty percent of any difference between the number
  of licenses issued in two thousand [eight] TWELVE and the  limit  estab-
  lished in subparagraph [(v)] (I) of this paragraph;
    [(vii)]  (III) for two thousand [ten] FOURTEEN, the number of licenses
  shall be limited to the number of licenses issued in two thousand [nine]
  THIRTEEN, plus fifty percent of any difference  between  the  number  of
  licenses  issued  in  two  thousand [nine] THIRTEEN and the limit estab-
  lished in subparagraph [(vi)] (II) of this paragraph;
    [(viii)] (IV)  for  two  thousand  [eleven]  FIFTEEN,  the  number  of
  licenses  shall be limited to the number of licenses issued in two thou-
  sand [ten] FOURTEEN, plus fifty percent of any  difference  between  the
  number  of  licenses issued in two thousand [ten] FOURTEEN and the limit
  established in subparagraph [(vii)] (III) of this paragraph.
    [c.] B. for the period beginning January first,  two  thousand  TWELVE
  through  December  thirty-first,  two thousand [eleven] FIFTEEN, persons
  who were issued a commercial food fish  license  in  the  previous  year
  shall be eligible to be issued such license.
    [d.]  C.  for  the period beginning January first, two thousand [four]
  TWELVE through December thirty-first, two thousand [eleven] FIFTEEN, the
  department shall issue commercial food fish licenses to persons who were
  not issued such license in the previous year  provided  that  the  total
  number  of  such  licenses  issued  to  such persons does not exceed the
  difference between the number of licenses established in paragraph [b] A
  of this subdivision and the number of such licenses issued  pursuant  to
  paragraph [c] B of this subdivision, subject to the following:

    (i)  licenses  shall  be issued in the order in which the applications
  were received, except that where multiple applications are  received  by
  the  department  on the same day, applicants for whom the department has
  received notice of successful completion of an  apprenticeship  pursuant
  to  subdivision seven of this section shall be considered by the depart-
  ment prior to other applicants;
    (ii) licenses may be issued to individuals only;

 S. 5086--A                          3

    (iii) licenses shall be issued to applicants who are sixteen years  of
  age or older at the time of the application; and
    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
  manner acceptable to the department that they received an average of  at
  least  fifteen  thousand  dollars of income over three consecutive years
  from commercial fishing or  fishing,  or  who  successfully  complete  a
  commercial  food  fish  apprenticeship  pursuant to subdivision seven of
  this section. As used in this subparagraph, "commercial  fishing"  means
  the taking and sale of marine resources including fish, shellfish, crus-
  tacea  or  other marine biota and "fishing" means commercial fishing and
  carrying fishing passengers for hire. Individuals who  wish  to  qualify
  based  on  income  from  "fishing"  must hold a valid marine and coastal
  district party and charter boat license. No more than ten percent of the
  licenses issued each year based on income eligibility pursuant  to  this
  paragraph  shall  be  issued to applicants who qualify based solely upon
  income derived from operation of or employment by  a  party  or  charter
  boat.
    2. Commercial lobster permits. Commercial lobster permits provided for
  by section 13-0329 of this title shall be issued as follows:

    [a.  for the period beginning July first, nineteen hundred ninety-nine
  and ending December  thirty-first,  nineteen  hundred  ninety-nine,  the
  following  persons  shall  be eligible to be issued a commercial lobster
  permit:
    (i) persons who held a valid commercial  lobster  permit  in  nineteen
  hundred ninety-eight;
    (ii)  persons  who  held a valid commercial lobster permit in nineteen
  hundred ninety-six but not in nineteen hundred ninety-seven; and
    (iii) persons who submitted applications to the department during  the
  period commencing January first, nineteen hundred ninety-nine and ending
  on  the  effective date of this section and who were eligible to receive
  such permit but had not been issued such permit during such period.
    b.] for the period  beginning  January  first,  two  thousand  TWELVE,
  through  December  thirty-first,  two  thousand  [eleven]  FIFTEEN, only
  persons who were issued a commercial lobster permit in the previous year
  shall be eligible to be issued such permit.
    3. Commercial crab permits. Commercial crab permits  provided  for  by
  section 13-0331 of this title shall be issued as follows:

    a.  [for the period beginning July first, nineteen hundred ninety-nine
  and ending December  thirty-first,  nineteen  hundred  ninety-nine,  the
  following  persons  shall  be  eligible  to  be issued a commercial crab
  permit:
    (i) persons who held  a  valid  commercial  crab  permit  in  nineteen
  hundred ninety-eight;
    (ii)  persons  who  held  a  valid  commercial crab permit in nineteen
  hundred ninety-six but not in nineteen hundred ninety-seven; and
    (iii) persons who submitted applications to the department during  the
  period commencing January first, nineteen hundred ninety-nine and ending
  on  the  effective date of this section and who were eligible to receive
  such permit but had not been issued such permit during such period.
    b.] for the period beginning January first, two thousand [four] TWELVE
  through December thirty-first, two thousand [eleven] FIFTEEN, the number
  of [residential] RESIDENT commercial crab  permits  and  the  number  of
  [non-residential]  NON-RESIDENT commercial crab permits shall not exceed
  the following annual limits:


 S. 5086--A                          4

    (i) [for two thousand four, the number of permits shall be limited  to
  the  greater  of the number of permits issued in two thousand two or the
  number of permits issued in two thousand three;
    (ii)  for two thousand five, the number of permits shall be limited to
  the number of permits issued in two thousand four, plus fifty percent of
  any difference between the number of permits issued in two thousand four
  and the limit established in subparagraph (i) of this paragraph;
    (iii) for two thousand six, the number of permits shall be limited  to
  the number of permits issued in two thousand five, plus fifty percent of
  any difference between the number of permits issued in two thousand five
  and the limit established in subparagraph (ii) of this paragraph;
    (iv)  for  two thousand seven, the number of licenses shall be limited
  to the number of permits issued in two thousand six, plus fifty  percent
  of  any  difference between the number of permits issued in two thousand
  six and the limit established in subparagraph (iii) of this paragraph;
    (v)] for two thousand [eight] TWELVE, the number of permits  shall  be
  limited  to the number of permits issued in two thousand [seven] ELEVEN,
  plus fifty percent of any  difference  between  the  number  of  permits
  issued  in  two  thousand  [seven]  ELEVEN and [the limit established in
  subparagraph (iv) of this paragraph] SIX HUNDRED SIXTEEN;
    [(vi)] (II) for two thousand [nine] THIRTEEN, the  number  of  permits
  shall be limited to the number of permits issued in two thousand [eight]
  TWELVE,  plus  fifty  percent  of  any  difference between the number of
  permits issued in two thousand [eight] TWELVE and the limit  established
  in subparagraph [(v)] (I) of this paragraph;
    [(vii)]  (III)  for two thousand [ten] FOURTEEN, the number of permits
  shall be limited to the number of permits issued in two thousand  [nine]
  THIRTEEN,  plus  fifty  percent  of any difference between the number of
  permits issued in two thousand [nine] THIRTEEN and the limit established
  in subparagraph [(vi)] (II) of this paragraph;
    [(viii)] (IV) for two thousand [eleven] FIFTEEN, the number of permits
  shall be limited to the number of permits issued in two  thousand  [ten]
  FOURTEEN,  plus  fifty  percent  of any difference between the number of
  permits issued in two thousand [ten] FOURTEEN and the limit  established
  in subparagraph [(vii)] (III) of this paragraph.
    [c.]  B.  for  the period beginning January first, two thousand TWELVE
  through December thirty-first, two thousand  [eleven]  FIFTEEN,  persons
  who  were  issued a commercial crab permit in the previous year shall be
  eligible to be issued such permit.
    [d.] C. for the period beginning January first,  two  thousand  [four]
  TWELVE through December thirty-first, two thousand [eleven] FIFTEEN, the
  department  shall  issue commercial crab permits to persons who were not
  issued such permit in the previous year provided that the  total  number
  of  such  permits  issued to such persons does not exceed the difference
  between the number of permits established in paragraph  [b]  A  of  this
  subdivision  and the number of such permits issued pursuant to paragraph
  [c] B of this subdivision, subject to the following:

    (i) permits shall be issued in the order  in  which  the  applications
  were  received,  except that where multiple applications are received by
  the department on the same day, applicants for whom the  department  has
  received  notice  of successful completion of an apprenticeship pursuant
  to subdivision seven of this section shall be considered by the  depart-
  ment prior to other applicants;
    (ii) permits may be issued to individuals only;
    (iii)  permits  shall be issued to applicants who are sixteen years of
  age or older at the time of the application; and

 S. 5086--A                          5

    (iv) permits shall be issued only to  persons  who  demonstrate  in  a
  manner  acceptable to the department that they received an average of at
  least fifteen thousand dollars of income over  three  consecutive  years
  from  commercial  fishing  or  fishing,  or who successfully complete an
  apprenticeship pursuant to subdivision seven of this section. As used in
  this  subparagraph,  "commercial  fishing"  means the taking and sale of
  marine resources including fish, shellfish, crustacea  or  other  marine
  biota  and  "fishing"  means  commercial  fishing  and  carrying fishing
  passengers for hire. Individuals who wish to  qualify  based  on  income
  from  "fishing"  must hold a valid marine and coastal district party and
  charter boat license. No more than ten percent  of  the  permits  issued
  each  year  based on income eligibility pursuant to this paragraph shall
  be issued to applicants who qualify based upon income derived from oper-
  ation of or employment by a party or charter boat.
    4. Commercial whelk or  conch  licenses.  Commercial  whelk  or  conch
  licenses  provided  for by section 13-0330 of this title shall be issued
  as follows:

    a. for the period beginning January first, two thousand [four]  TWELVE
  through December thirty-first, two thousand [eleven] FIFTEEN, the number
  of  [residential]  RESIDENT  commercial  whelk or conch licenses and the
  number of  [non-residential]  NON-RESIDENT  commercial  whelk  or  conch
  licenses shall not exceed the following annual limits:

    (i) [for two thousand four, the number of licenses shall be limited to
  three  hundred  or  the number of licenses issued in two thousand three,
  whichever is greater;
    (ii) for two thousand five, the number of licenses shall be limited to
  the number of licenses issued in two thousand four, plus  fifty  percent
  of  any difference between the number of licenses issued in two thousand
  four and the limit established in subparagraph (i) of this paragraph;
    (iii) for two thousand six, the number of licenses shall be limited to
  the number of licenses issued in two thousand five, plus  fifty  percent
  of  any difference between the number of licenses issued in two thousand
  five and the limit established in subparagraph (ii) of this paragraph;
    (iv) for two thousand seven, the number of licenses shall  be  limited
  to the number of licenses issued in two thousand six, plus fifty percent
  of  any difference between the number of licenses issued in two thousand
  six and the limit established in subparagraph (iii) of this paragraph;
    (v)] for two thousand [eight] TWELVE, the number of licenses shall  be
  limited to the number of licenses issued in two thousand [seven] ELEVEN,
  plus  fifty  percent  of  any  difference between the number of licenses
  issued in two thousand [seven] ELEVEN  and  [the  limit  established  in
  subparagraph (iv) of this paragraph] TWO HUNDRED SEVENTY-ONE;
    [(vi)]  (II)  for two thousand [nine] THIRTEEN, the number of licenses
  shall be limited to the  number  of  licenses  issued  in  two  thousand
  [eight]  TWELVE, plus fifty percent of any difference between the number
  of licenses issued in two thousand [eight] TWELVE and the  limit  estab-
  lished in subparagraph [(v)] (I) of this paragraph;
    [(vii)]  (III) for two thousand [ten] FOURTEEN, the number of licenses
  shall be limited to the number of licenses issued in two thousand [nine]
  THIRTEEN, plus fifty percent of any difference  between  the  number  of
  licenses  issued  in  two  thousand [nine] THIRTEEN and the limit estab-
  lished in subparagraph [(vi)] (II) of this paragraph;
    [(viii)] (IV)  for  two  thousand  [eleven]  FIFTEEN,  the  number  of
  licenses  shall be limited to the number of licenses issued in two thou-
  sand [ten] FOURTEEN, plus fifty percent of any  difference  between  the

 S. 5086--A                          6

  number  of  licenses issued in two thousand [ten] FOURTEEN and the limit
  established in subparagraph [(vii)] (III) of this paragraph.
    b.  for the period beginning January first, two thousand [four] TWELVE
  through December thirty-first, two thousand  [eleven]  FIFTEEN,  persons
  who were issued a commercial whelk or conch license in the previous year
  shall be eligible to be issued such license.
    c.  for the period beginning January first, two thousand [four] TWELVE
  through December thirty-first, two thousand  [eleven]  FIFTEEN,  persons
  who  were not issued a commercial whelk or conch license in the previous
  year shall be eligible to be issued such license provided that the total
  number of such licenses issued to such  persons  shall  not  exceed  the
  difference  between the number of licenses established in paragraph a of
  this subdivision and the number of  such  licenses  issued  pursuant  to
  paragraph b of this subdivision, subject to the following:

    (i)  licenses  shall  be issued in the order in which the applications
  were received, except that where multiple applications are  received  by
  the  department  on the same day, applicants for whom the department has
  received notice of successful completion of an  apprenticeship  pursuant
  to  subdivision seven of this section shall be considered by the depart-
  ment prior to other applicants;
    (ii) licenses may be issued to individuals only;
    (iii) licenses shall be issued to applicants who are sixteen years  of
  age or older at the time of the application; and
    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
  manner acceptable to the department that they received an average of  at
  least  fifteen  thousand  dollars of income over three consecutive years
  from commercial fishing or fishing,  or  who  successfully  complete  an
  apprenticeship pursuant to subdivision seven of this section. As used in
  this  subparagraph,  "commercial  fishing"  means the taking and sale of
  marine resources including fish, shellfish, crustacea  or  other  marine
  biota  and  "fishing"  means  commercial  fishing  and  carrying fishing
  passengers for hire. Individuals who wish to  qualify  based  on  income
  from  "fishing"  must hold a valid marine and coastal district party and
  charter boat license. No more than ten percent of  the  licenses  issued
  each  year  pursuant to this paragraph shall be issued to applicants who
  qualify based upon income derived from operation of or employment  by  a
  party or charter boat.
    5. Marine and coastal district party and charter boat licenses. Marine
  and  coastal  district  party  and charter boat licenses provided for by
  section 13-0336 of this title shall be issued as  follows,  except  that
  this  subdivision  shall  not  apply to the owner or operator of a party
  boat or charter boat whose vessel is classified  by  the  United  States
  Coast  Guard  as  an Inspected Passenger Vessel and which is licensed to
  carry more than six passengers:

    a. for the years two thousand  eight  through  two  thousand  [eleven]
  FIFTEEN,  the  annual  number  of  marine and coastal district party and
  charter boat licenses issued shall not exceed [the number issued in  two
  thousand   seven  by  more  than  one  hundred  licenses]  FIVE  HUNDRED
  SEVENTEEN.
    b. for the years two thousand  eight  through  two  thousand  [eleven]
  FIFTEEN, persons who were issued a marine and coastal district party and
  charter boat license in the previous year shall be eligible to be issued
  such license.
    c.  for  the  years  two  thousand eight through two thousand [eleven]
  FIFTEEN, the department shall issue marine and  coastal  district  party
  and charter boat licenses to persons who were not issued such license in

 S. 5086--A                          7

  the  previous  year,  provided  that the total number of [such] licenses
  issued [to such persons] does not exceed  [the  difference  between  the
  annual  limit  established  in  paragraph  a of this subdivision and the
  number  of  such  licenses issued in the previous year pursuant to para-
  graph b of this subdivision] FIVE  HUNDRED  SEVENTEEN,  subject  to  the
  following:

    (i)  licenses  shall  be issued in the order in which the applications
  were received;
    (ii) licenses shall be issued only to persons who hold an  Uninspected
  Passenger Vessel license issued by the United States Coast Guard.
    6. License or permit reissuance.
    a.  Notwithstanding the provisions of subdivisions one, two, three and
  four of this section, the department may permit reissuance of a  license
  or  permit  to  a  member of the immediate family of the prior holder of
  such license or permit; provided that the individual to whom the license
  or permit is being reissued is  at  least  sixteen  years  of  age.  The
  department may permit a license or permit holder to designate in writing
  a  member  of  his or her immediate family to whom the license or permit
  shall be reissued in the event that the license or  permit  holder  dies
  prior to surrendering his or her license or permit to the department.
    b.  In  the  event  that a designated immediate family member does not
  wish to engage in the commercial fishing activities authorized  by  such
  license  or permit, the department may permit such person to identify an
  alternate person to whom the license or permit shall  be  reissued.  The
  department  is authorized to adopt regulations concerning the reissuance
  of licenses or permits pursuant to this subdivision.
    [b.] C. The holder of a reissued license or permit shall engage in the
  activity authorized by the license or permit within three years  of  the
  reissuance date. If the license or permit holder fails to engage in such
  activity  during  the  three  years following reissuance, the license or
  permit shall lapse at the end of the three year period and shall not  be
  renewed  unless  the  department, in its discretion, determines that the
  license or permit holder's inactivity was justified by significant hard-
  ship or unavoidable circumstances.
    7.  Commercial  license  apprenticeship  program.  The  department  is
  authorized  to  adopt regulations establishing an apprenticeship program
  for persons who wish to obtain a  commercial  crab  permit  pursuant  to
  section  13-0331  of this title, a commercial food fish license pursuant
  to section 13-0335 of this title or a commercial whelk  (conch)  license
  pursuant to section 13-0330 of this title. Upon successful completion of
  the  apprenticeship program, a person shall become eligible to receive a
  commercial crab permit, commercial food fish  license  or  a  commercial
  whelk (conch) license, as applicable, subject to the provisions of para-
  graph  [d]  C  of subdivision one, paragraph [d] C of subdivision three,
  and paragraph c of subdivision four of this section, respectively.
    S 2. This act shall take effect December 31, 2011.