STATE OF NEW YORK ________________________________________________________________________ 678--A Cal. No. 117 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading AN ACT to amend the environmental conservation law, in relation to certain commercial food fish licenses, commercial crab permits, commercial whelk or conch licenses, marine and coastal district party and charter boat licenses and certain temporary authorizations for certain licenses and permits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph c of subdivision 1, subpara- 2 graph (i) of paragraph c of subdivision 3, subparagraph (i) of paragraph 3 c of subdivision 4 and subparagraph (i) of paragraph c of subdivision 5 4 of section 13-0328 of the environmental conservation law, as amended by 5 chapter 306 of the laws of 2023, are amended and a new subdivision 8 is 6 added to read as follows: 7 (i) [licenses shall be issued in the order in which the applications 8 were received, except that where multiple applications are received by 9 the department on the same day,] where the total number of commercial 10 food fish license applications from persons who were not issued such 11 license in the previous year exceeds the number of licenses that are 12 available, the department shall randomly select recipients of the avail- 13 able licenses from among those applications received by the first busi- 14 ness day of the applicable license year, provided however that appli- 15 cants shall receive one extra entry for each previous year that they 16 applied for such license and were not selected, and applicants for whom 17 the department has received notice of successful completion of an EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02765-02-5
S. 678--A 2 1 apprenticeship pursuant to subdivision seven of this section shall [be 2 considered by the department prior to other applicants] receive one 3 extra entry, and provided further that the department is authorized to 4 adopt regulations to amend or supplement this process for issuing 5 commercial food fish licenses; 6 (i) [permits shall be issued in the order in which the applications 7 were received, except that where multiple applications are received by 8 the department on the same day,] where the total number of commercial 9 crab permit applications from persons who were not issued such permit in 10 the previous year exceeds the number of permits that are available, the 11 department shall randomly select recipients of the available permits 12 from among those applications received by the first business day of the 13 applicable permit year, provided however that applicants shall receive 14 one extra entry for each previous year that they applied for such permit 15 and were not selected, and applicants for whom the department has 16 received notice of successful completion of an apprenticeship pursuant 17 to subdivision seven of this section shall [be considered by the depart- 18 ment prior to other applicants] receive one extra entry, and provided 19 further that the department is authorized to adopt regulations to amend 20 or supplement this process for issuing commercial crab permits; 21 (i) [licenses shall be issued in the order in which the applications 22 were received, except that where multiple applications are received by 23 the department on the same day,] where the total number of commercial 24 whelk or conch permit applications from persons who were not issued such 25 permit in the previous year exceeds the number of permits that are 26 available, the department shall randomly select recipients of the avail- 27 able permits from among those applications received by the first busi- 28 ness day of the applicable permit year, provided however that applicants 29 shall receive one extra entry for each previous year that they applied 30 for such permit and were not selected, and applicants for whom the 31 department has received notice of successful completion of an appren- 32 ticeship pursuant to subdivision seven of this section shall [be consid- 33 ered by the department prior to other applicants] receive one extra 34 entry, and provided further that the department is authorized to adopt 35 regulations to amend or supplement this process for issuing commercial 36 whelk or conch permits; 37 (i) [licenses shall be issued in the order in which the applications 38 were received] where the total number of marine and coastal district 39 party and charter boat license applications from persons who were not 40 issued such license in the previous year exceeds the number of licenses 41 that are available, the department shall randomly select recipients of 42 the available licenses from among those applications received by the 43 first business day of the applicable license year, provided however that 44 applicants shall receive one extra entry for each previous year that 45 they applied and were not selected, and provided further that the 46 department is authorized to adopt regulations to amend or supplement 47 this process for issuing marine and coastal district party and charter 48 boat licenses; 49 8. Temporary authorization. In the event of a temporary emergency, a 50 licensee or permittee may provide written authorization for a person to 51 temporarily undertake any licensed activities on the licensee's or 52 permittee's behalf. Such authorization shall not be effective until it 53 has been approved by the department. A copy of such written authori- 54 zation shall be filed with the department, and the department shall 55 determine what constitutes a temporary emergency and the appropriate 56 maximum duration of a temporary emergency for the purposes of this
S. 678--A 3 1 subdivision. The department is authorized to adopt regulations to 2 establish requirements for this program. 3 § 2. This act shall take effect on the thirtieth day after it shall 4 have become a law; provided, however that the new subdivision 8 of 5 section 13-0328 of the environmental conservation law as added by 6 section one of this act shall take effect one year after it shall have 7 become a law.