Establishes a registration system for saltwater recreational fishing.

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S3638-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Mar 21, 2011: COMMITTED TO FINANCE
• Mar 10, 2011: ADVANCED TO THIRD READING
• Mar 9, 2011: 2ND REPORT CAL.
• Mar 8, 2011: 1ST REPORT CAL.169
• Feb 28, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S3638-2011 Meetings

Environmental Conservation: Mar 8, 2011

S3638-2011 Calendars

Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011

S3638-2011 Votes

S3638-2011 Memo

BILL NUMBER:S3638

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 the environmental conservation law
creating the free 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. Each person registering will be
given a unique identification number; such unique identification
number shall include a discretely embedded year code as established
by the Commissioner, to account for annual registry expiration and
renewal.

This Section establishes the saltwater recreational fishing registry,
and states that a person may register in person at a registry agent
location, or through the internet, or via a telephone number as
provided by the Commissioner. An individual engaging in saltwater
recreational fishing is required to have their unique identification
number on their person at all times while engaging in saltwater
fishing. Individual angler registration shall expire at the end of
each calendar year, and shall be renewable for each subsequent year
by the same means as are available for initial registration. There
shall be no fees for registering.

This Section also states that those individuals under the age of
sixteen and passengers on state licensed party or charter boats are
exempt from having to sign up with the registry. The registry
established hereby must comply with the provisions of the federal
Magnuson-Stevens Fishery Conservation and Management Reauthorization
Act, and upon implementation of the free registry, directs the
Commissioner to apply for exempt status from federal registration
requirements established thereby. Lastly, this section provides for
reciprocity for anglers licensed or registered in adjacent states who

fish on the marine boundary waters between such adjacent states and
New York State;
these adjacent states include New Jersey, Connecticut and Rhode Island.

Section 3 provides that any person who purchased a lifetime
recreational marine fishing license pursuant to the herein repealed
marine recreational license law shall be refunded the full amount
paid for such lifetime license, less the established fee for a single
license season.

Section 4 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, primarily for the purpose of estimating numbers of fish
landed in each state on an annual basis. Those states that do not
comply with these provisions will be mandated to require their
resident recreational saltwater fisherman to purchase a license from
the Federal Government. States can avoid this mandate by providing
individual participating marine angler information to the federal
fisheries management authorities. As part of the 2009 budget a New
York state recreational marine fishing license was created which
required marine recreational anglers to purchase a license from New
York if they wished to participate in recreational saltwater fishing.
The Federal Government does not require individuals be licensed, only
that each state provide certain identifying and contact information
for its marine anglers.
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 an angler
registration model that ensures compliance with the Federal
requirements, but is also free to participants.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
A total of $1.2 million in fees was collected by New York State for
recreational fishing licenses in 2010. In addition, $1.16 million in
fees has been collected for lifetime recreational fishing licenses.
Any person who purchased a lifetime license shall be refunded the
amount of the lifetime fee which is in excess of the single season
license fee.

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

S3638-2011 Text

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

                                    3638

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 28, 2011
                                 ___________

  Introduced  by  Sens.  ZELDIN, BALL, HANNON, JOHNSON, MARCELLINO -- read
    twice and ordered printed, and when printed to  be  committed  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

 S. 3638                             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.

 S. 3638                             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.