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

                                  3055

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of A. BARCLAY, KOLB, GIGLIO, HAWLEY, WALKER, BALL --
  Multi-Sponsored by -- M. of A. OAKS -- read once and referred  to  the
  Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  allowing fishing guides and individuals holding  a  party  or  charter
  boat license to issue certain licenses

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

  Section 1. Paragraph a of subdivision 1  of  section  11-0713  of  the
environmental  conservation  law,  as  amended by section 4 of part D of
chapter 61 of the laws of 2000, is amended to read as follows:
  a. All licenses, stamps, tags, buttons, permits, and  permit  applica-
tions authorized by this title, and any additional privileges authorized
by the department shall be issued by:
  (1)  clerks  of  a  county, town or city, except a city having a popu-
lation of one million or more,
  (2) clerks of a village having  more  than  one  thousand  inhabitants
according  to  the  last  preceding federal census, or of a village in a
county of less than five hundred thousand inhabitants, adjoining a  city
of over one million inhabitants, both according to such census, [and]
  (3)  [License]  LICENSE  issuing  officers  as may be appointed by the
commissioner.  Applicants for designation as  license  issuing  officers
shall  be  over  the  age  of  eighteen  years and shall meet such other
requirements of eligibility, including posting bond, as  the  department
may  by  regulation  specify. Such issuing officers shall be entitled to
receive and keep the same fees for issuing licenses and stamps that  are
specified in section 11-0715 of this [article] TITLE for issuing clerks,
and  shall  file  reports  and  remit  license  fees  to the appropriate
regional  environmental  conservation  officer  or  the  department   as
required by regulation[.], AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02793-01-9

              

A. 3055                             2

  (4)  FISHING GUIDES LICENSED PURSUANT TO SECTION 11-0533 OF THIS ARTI-
CLE OR INDIVIDUALS HOLDING A PARTY OR CHARTER BOAT LICENSE ISSUED BY THE
DEPARTMENT.  THE DEPARTMENT SHALL PROMULGATE RULES  AND  REGULATIONS  TO
ALLOW  SUCH  FISHING  GUIDES  AND INDIVIDUALS HOLDING A PARTY OR CHARTER
BOAT LICENSE TO SECURE A FISHING LICENSE TAG FOR A PERSON VIA THE INTER-
NET  OR  PHONE REGISTRY. SUCH TAG SHALL PROVIDE THE HOLDER WITH THE SAME
RIGHTS AS THE HOLDER OF ANY SIMILAR LICENSE ESTABLISHED PURSUANT TO THIS
TITLE.  A PERSON WHO RECEIVES A FISHING TAG PURSUANT  TO  THIS  SUBPARA-
GRAPH SHALL NOT BE REQUIRED TO ATTACH AND DISPLAY A BACK TAG ON THE BACK
OF HIS OR HER OUTER GARMENT.
  S  2.  Subdivision 3 of section 11-0705 of the environmental conserva-
tion law, as amended by chapter 57 of the laws of 1993,  is  amended  to
read as follows:
  3.  Failure of a licensee to have the holder's license, tag or license
with stamp affixed, on the holder's person while exercising  any  privi-
lege  of  the  license,  tag  or license and stamp, and to wear in plain
sight any button issued with the license while so doing, is  presumptive
evidence  that  the  holder is hunting, fishing or trapping, as the case
may be, without holding the license, tag or license and  stamp  required
by  subdivision  6 of section 11-0703 OF THIS TITLE.  PROVIDED, HOWEVER,
THAT A PERSON WHO RECEIVED A LICENSE PURSUANT TO SUBPARAGRAPH 4 OF PARA-
GRAPH A OF SUBDIVISION 1 OF SECTION 11-0713 OF THIS TITLE SHALL  NOT  BE
REQUIRED  TO  COMPLY  WITH  THE PROVISIONS OF THIS SECTION WHILE FISHING
WITH A GUIDE. AS USED IN THIS SUBDIVISION, THE TERM "GUIDE" SHALL MEAN A
PERSON WHO OFFERS SERVICES FOR  HIRE  PART  OR  ALL  OF  WHICH  INCLUDES
DIRECTING, INSTRUCTING, OR AIDING ANOTHER IN FISHING.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.