Bill S3638-2011

Establishes a registration system for saltwater recreational fishing; repealer

Establishes a registration system for saltwater recreational fishing.

Details

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

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Mar 8, 2011
Ayes (11): Grisanti, Johnson, LaValle, Little, Marcellino, Maziarz, O'Mara, Young, Espaillat, Oppenheimer, Serrano
Ayes W/R (1): Stewart-Cousins
Nays (2): Avella, Perkins

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3638 2011-2012 Regular Sessions IN 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
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.
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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