S T A T E O F N E W Y O R K
________________________________________________________________________
4312
2013-2014 Regular Sessions
I N A S S E M B L Y
February 4, 2013
___________
Introduced by M. of A. BARCLAY, KOLB, GIGLIO, HAWLEY, BLANKENBUSH,
TENNEY, MONTESANO -- Multi-Sponsored by -- M. of A. CERETTO, GOODELL,
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:
1 Section 1. Paragraph a of subdivision 1 of section 11-0713 of the
2 environmental conservation law, as amended by section 3 of part AA of
3 chapter 60 of the laws of 2011, is amended to read as follows:
4 a. All licenses, stamps, tags, buttons, permits, registrations, and
5 permit applications authorized by this title or section 13-0355 of this
6 chapter, and any additional privileges authorized by the department
7 shall be issued by:
8 (1) clerks of a county, town or city, except a city having a popu-
9 lation of one million or more, although such clerks may request authori-
10 zation from the department to cease issuing such licenses or registra-
11 tions,
12 (2) clerks of a village having more than one thousand inhabitants
13 according to the last preceding federal census, or of a village in a
14 county of less than five hundred thousand inhabitants, adjoining a city
15 of over one million inhabitants, both according to such census, although
16 such clerks may request authorization from the department to cease issu-
17 ing such licenses or registrations, [and]
18 (3) license issuing officers as may be appointed by the commissioner.
19 Applicants for designation as license issuing officers shall be over the
20 age of eighteen years and shall meet such other requirements of eligi-
21 bility, including posting bond, as the department may by regulation
22 specify. Such issuing officers shall be entitled to receive and keep the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04664-01-3
A. 4312 2
1 same fees for issuing licenses and stamps that are specified in section
2 11-0715 of this title for issuing clerks, and shall file reports and
3 remit license fees to the appropriate regional environmental conserva-
4 tion officer or the department as required by regulation[.], AND
5 (4) FISHING GUIDES LICENSED PURSUANT TO SECTION 11-0533 OF THIS ARTI-
6 CLE OR INDIVIDUALS HOLDING A PARTY OR CHARTER BOAT LICENSE ISSUED BY THE
7 DEPARTMENT. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO
8 ALLOW SUCH FISHING GUIDES AND INDIVIDUALS HOLDING A PARTY OR CHARTER
9 BOAT LICENSE TO SECURE A FISHING LICENSE TAG FOR A PERSON VIA THE INTER-
10 NET OR PHONE REGISTRY. SUCH TAG SHALL PROVIDE THE HOLDER WITH THE SAME
11 RIGHTS AS THE HOLDER OF ANY SIMILAR LICENSE ESTABLISHED PURSUANT TO THIS
12 TITLE. A PERSON WHO RECEIVES A FISHING TAG PURSUANT TO THIS SUBPARA-
13 GRAPH SHALL NOT BE REQUIRED TO ATTACH AND DISPLAY A BACK TAG ON THE BACK
14 OF HIS OR HER OUTER GARMENT.
15 S 1-a. Paragraph a of subdivision 1 of section 11-0713 of the environ-
16 mental conservation law, as amended by section 4 of part LL of chapter
17 59 of the laws of 2009, is amended to read as follows:
18 a. All licenses, stamps, tags, buttons, permits, and permit applica-
19 tions authorized by this title or section 13-0355 of this chapter, and
20 any additional privileges authorized by the department shall be issued
21 by:
22 (1) clerks of a county, town or city, except a city having a popu-
23 lation of one million or more, although such clerks may request authori-
24 zation from the department to cease issuing such licenses,
25 (2) clerks of a village having more than one thousand inhabitants
26 according to the last preceding federal census, or of a village in a
27 county of less than five hundred thousand inhabitants, adjoining a city
28 of over one million inhabitants, both according to such census, although
29 such clerks may request authorization from the department to cease issu-
30 ing such licenses, [and]
31 (3) license issuing officers as may be appointed by the commissioner.
32 Applicants for designation as license issuing officers shall be over the
33 age of eighteen years and shall meet such other requirements of eligi-
34 bility, including posting bond, as the department may by regulation
35 specify. Such issuing officers shall be entitled to receive and keep the
36 same fees for issuing licenses and stamps that are specified in section
37 11-0715 of this title for issuing clerks and section 13-0355 of this
38 chapter, and shall file reports and remit license fees to the appropri-
39 ate regional environmental conservation officer or the department as
40 required by regulation[.], AND
41 (4) FISHING GUIDES LICENSED PURSUANT TO SECTION 11-0533 OF THIS ARTI-
42 CLE OR INDIVIDUALS HOLDING A PARTY OR CHARTER BOAT LICENSE ISSUED BY THE
43 DEPARTMENT. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO
44 ALLOW SUCH FISHING GUIDES AND INDIVIDUALS HOLDING A PARTY OR CHARTER
45 BOAT LICENSE TO SECURE A FISHING LICENSE TAG FOR A PERSON VIA THE INTER-
46 NET OR PHONE REGISTRY. SUCH TAG SHALL PROVIDE THE HOLDER WITH THE SAME
47 RIGHTS AS THE HOLDER OF ANY SIMILAR LICENSE ESTABLISHED PURSUANT TO THIS
48 TITLE. A PERSON WHO RECEIVES A FISHING TAG PURSUANT TO THIS SUBPARA-
49 GRAPH SHALL NOT BE REQUIRED TO ATTACH AND DISPLAY A BACK TAG ON THE BACK
50 OF HIS OR HER OUTER GARMENT.
51 S 2. Subdivision 3 of section 11-0705 of the environmental conserva-
52 tion law, as amended by chapter 57 of the laws of 1993, is amended to
53 read as follows:
54 3. Failure of a licensee to have the holder's license, tag or license
55 with stamp affixed, on the holder's person while exercising any privi-
56 lege of the license, tag or license and stamp, and to wear in plain
A. 4312 3
1 sight any button issued with the license while so doing, is presumptive
2 evidence that the holder is hunting, fishing or trapping, as the case
3 may be, without holding the license, tag or license and stamp required
4 by subdivision 6 of section 11-0703 OF THIS TITLE. PROVIDED, HOWEVER,
5 THAT A PERSON WHO RECEIVED A LICENSE PURSUANT TO SUBPARAGRAPH 4 OF PARA-
6 GRAPH A OF SUBDIVISION 1 OF SECTION 11-0713 OF THIS TITLE SHALL NOT BE
7 REQUIRED TO COMPLY WITH THE PROVISIONS OF THIS SECTION WHILE FISHING
8 WITH A GUIDE. AS USED IN THIS SUBDIVISION, THE TERM "GUIDE" SHALL MEAN A
9 PERSON WHO OFFERS SERVICES FOR HIRE PART OR ALL OF WHICH INCLUDES
10 DIRECTING, INSTRUCTING, OR AIDING ANOTHER IN FISHING.
11 S 3. This act shall take effect on the one hundred twentieth day after
12 it shall have become a law; provided, the amendments to subdivision 1 of
13 section 11-0713 of the environmental conservation law made by section
14 one of this act shall be subject to the expiration and reversion of such
15 subdivision pursuant to section 3 of chapter 60 of the laws of 2011, as
16 amended, when upon such date the provisions of section one-a of this act
17 shall take effect; provided, further, that effective immediately, the
18 addition, amendment and/or repeal of any rule or regulation necessary
19 for the implementation of this act on its effective date is authorized
20 and directed to be made and completed on or before such effective date.