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Same as: A9234 Versions: S6250

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S6250 Actions

S6250 - ORDERED TO THIRD READING CAL.982 - Jun 16, 2010
S6250 - PASSED SENATE - Jun 16, 2010
S6250 - DELIVERED TO ASSEMBLY - Jun 16, 2010
S6250 - REFERRED TO ENVIRONMENTAL CONSERVATION - Jun 16, 2010
S6250 - COMMITTEE DISCHARGED AND COMMITTED TO RULES - Jun 14, 2010
S6250 - REPORTED AND COMMITTED TO FINANCE - Feb 2, 2010
S6250 - REFERRED TO ENVIRONMENTAL CONSERVATION - Jan 6, 2010
S6250 - REFERRED TO RULES - Oct 28, 2009

S6250 Committee Meetings

S6250 Calendars

S6250 Votes

S6250 Memo

BILL NUMBER: S6250

TITLE OF BILL : 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 fishing licenses, relating thereto

PURPOSE OR GENERAL IDEA OF BILL : This legislation repeals new York's recreational marine fishing license, and replaces it with a free registration model that puts New York in compliance with Federal requirements.

SUMMARY OF PROVISIONS :

Section 1 repeals Part LL of chapter 59 of the laws of 2009 which created the recreational marine fishing license.

Section 2 adds a new section to environmental conservation law creating the saltwater recreational fishing registry. The commissioner shall create a registry of persons who engage in saltwater recreational fishing. The registry will contain the name, address, date of birth and telephone number for each individual. Further each person registering will be given a unique identification number. This section further states that a person may register through the internet of via a telephone number as provided by the commissioner.

Section further requires an individual engaging in saltwater recreational fishing to have their unique identification number on their person at all times while engaging in saltwater fishing. This section also states that there shall be no fees for registering. This section also states that those individuals under the age of sixteen and passengers on party or charter boats are exempt from having to sign up with the registry. This section further requires that the state comply with the provisions of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act and once applicable that the Commissioner apply for exempt status.

Section 3 is the effective date.

JUSTIFICATION : Under provisions of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act states are required to provide certain background data on individuals who partake in recreational saltwater fishing. Those states that do not comply with these provisions will be eventually be forced to require recreational saltwater fisherman to purchase a license from the Federal Government. States can avoid this requirement by providing very simple information to the Feds. As part of the 2009 budget a New York State recreational marine fishing license was created which forced those individuals with having to purchase a license from New York if they wished to partake in recreational saltwater fishing. The Federal Government does not require individuals be licensed, only that each state provide certain identifying information. Other states have taken the step of creating a free registry for recreational saltwater fishermen. New York should follow this model of creating a free registration model. This legislation seeks to repeal New York's licensure requirement while installing a free registration model that ensures compliance with the Federal requirements, but also is free.

LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS : Minimal.



EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become law.

S6250 Text

S T A T E O F N E W Y O R K
6250
2009-2010 Regular Sessions I N SENATE October 28, 2009
Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

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. 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 MUST CONTAIN THE NAME, ADDRESS, DATE OF BIRTH AND TELEPHONE NUMBER FOR EACH PERSON REGISTERED. EACH PERSON REGISTERED SHALL BE ASSIGNED A UNIQUE IDENTIFICATION NUMBER. 3. REGISTRY PROCEDURES. A PERSON MAY REGISTER TO ENGAGE IN SALTWATER RECREATIONAL FISHING THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM OR A PUBLICLY ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM OPERATED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14936-01-9
S. 6250 2 BY THE DEPARTMENT. THE COMMISSIONER SHALL ALLOW A PERSON TO REGISTER ON THE REGISTRY THROUGH THE DEPARTMENT WEBSITE. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO REGISTER ON THE REGISTRY. A PERSON PURCHASING A FISHING LICENSE UNDER SECTION 11-0701 OF THIS CHAPTER MUST BE ASKED IF THE PERSON INTENDS TO FISH IN SALT WATER FOR THE CALENDAR YEAR. IF THE PERSON ANSWERS IN THE AFFIRMATIVE, THE PERSON MUST 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.

S 3. 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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