Bill S2641-2011

Relates to marine and coastal district party and charter boat licenses

Relates to marine and coastal district party and charter boat licenses; provides that the department of environmental conservation may permit reissuance of a license to a member of the immediate family of the prior holder of such license; provided that the individual to whom the license or permit is being reissued is at least sixteen years of age; makes related provisions.

Details

Actions

  • Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jun 24, 2011: COMMITTED TO RULES
  • May 23, 2011: ADVANCED TO THIRD READING
  • May 18, 2011: 2ND REPORT CAL.
  • May 17, 2011: 1ST REPORT CAL.683
  • Jan 27, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - May 17, 2011
Ayes (11): Grisanti, LaValle, Little, Marcellino, Young, Avella, Espaillat, Oppenheimer, Perkins, Serrano, Stewart-Cousins
Ayes W/R (2): Johnson, Maziarz
Nays (1): O'Mara

Memo

BILL NUMBER:S2641

TITLE OF BILL: An act to amend the environmental conservation law, in relation to marine and coastal district party and charter boat licenses; and providing for the repeal of such provisions upon expiration thereof

PURPOSE: This legislation will institute a cap on the number of licenses issued by the Department of Environmental Conservation to owners of charter vessels limited to carrying six passengers which operate in the marine waters of New York State for the years 2012 through 2015.

SUMMARY OF PROVISIONS: Amends subdivision 5 of Section 13-0328 of the Environmental Conservation Law relating to the issuance of marine and coastal district party and charter boat licenses (exclusive of party boats or charter boats that are classified by the United States coast Guard as an Inspected Passenger Vessel and which is licensed to carry more than six passengers).

This act shall take effect immediately and shall remain in full force and effect until December 31, 2015 when upon such date the provisions of this act shall expire.

JUSTIFICATION: This legislation is supported by the Marine Resources Advisory Council as a means of protecting the economic viability of existing operators of 'for-hire' vessels by instituting a cap on the number of marine and coastal district party and charter boat licenses issued by the Department of Environmental Conservation (DEC) for the years 2012 through 2016. It would not apply to party boats licensed to carry more than six passengers.

The current cap would be lifted in the year 2012 so there will be no limit on the number of marine and coastal district party charter boat licenses the DEC may issue. This will allow any eligible applicant the opportunity to obtain a marine and coastal district party and charter boat license before a new cap is set in place. The total number of licenses issued by DEC in the year 2012 will be the new cap until this act sunsets on December 31, 2016.

After 2011, those persons issued a marine and coastal district party and charter boat license by the DEC will be eligible for renewal. Also, the DEC shall issue marine and coastal district party and charter boat licenses to new applicants on a first come first serve basis up until the annual cap is met.

This legislation also authorizes the DEC to adopt regulations concerning the reissuance of licenses to a member of the immediate family who is at least 16 years old.

LEGISLATIVE HISTORY: 2010: S.7245/A.10467

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall remain the full force and effect until December 31, 2016, when upon such date the provisions of this act shall expire and be deemed repealed.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 2641 A. 3732 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 27, 2011 ___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation IN ASSEMBLY -- 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 marine and coastal district party and charter boat licenses; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 13-0328 of the environmental conservation law, as amended by chapter 366 of the laws of 2007, is amended to read as follows: 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, 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. b. FOR THE YEAR TWO THOUSAND TWELVE, THERE SHALL BE NO LIMIT ON THE ANNUAL NUMBER OF MARINE AND COASTAL DISTRICT PARTY AND CHARTER BOAT LICENSES TO BE ISSUED. C. FOR THE YEARS AFTER TWO THOUSAND TWELVE, THE TOTAL ANNUAL NUMBER OF MARINE AND COASTAL DISTRICT PARTY AND CHARTER BOAT LICENSES ISSUED SHALL NOT EXCEED THE TOTAL NUMBER ISSUED IN TWO THOUSAND TWELVE.
D. for the years [two thousand eight through] AFTER two thousand elev- en, 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.] E. for the years [two thousand eight through] AFTER two thousand eleven, the department shall issue marine and coastal district party and charter boat 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 annual limit established in paragraph [a] C of this subdivision and the number of such licenses issued in the previous year pursuant to paragraph [b] D of this subdivision, 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. F. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE DEPARTMENT MAY PERMIT REISSUANCE OF A LICENSE TO A MEMBER OF THE IMMEDIATE FAMILY OF THE PRIOR HOLDER OF SUCH LICENSE; 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 HOLDER TO DESIGNATE IN WRITING A MEMBER OF HIS OR HER IMMEDIATE FAMILY TO WHOM THE LICENSE SHALL BE REISSUED IN THE EVENT THAT THE LICENSE OR PERMIT HOLDER DIES PRIOR TO SURRENDERING HIS OR HER LICENSE TO THE DEPARTMENT. IN THE EVENT THAT A DESIGNATED IMMEDIATE FAMILY MEMBER DOES NOT WISH TO ENGAGE IN THE COMMERCIAL FISHING ACTIVITIES AUTHORIZED BY SUCH LICENSE, 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 PURSUANT TO THIS SUBDIVISION. THE HOLDER OF A REISSUED LICENSE SHALL ENGAGE IN THE ACTIV- ITY AUTHORIZED BY THE LICENSE 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 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 HOLDER'S INACTIVITY WAS JUSTIFIED BY SIGNIFICANT HARDSHIP OR UNAVOIDABLE CIRCUMSTANCES. S 2. This act shall take effect immediately and shall remain in full force and effect until December 31, 2016, when upon such date the provisions of this act shall expire and be deemed repealed.

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