S T A T E   O F   N E W   Y O R K
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                                         6314

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                   November 24, 2009
                                      ___________

       Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules

       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         marine  and  coastal  district livery boat recreational marine fishing
         license

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

    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 13-0336-a to read as follows:
    3  S 13-0336-A. MARINE AND COASTAL DISTRICT LIVERY BOAT RECREATIONAL MARINE
    4                 FISHING LICENSE.
    5    1. EVERY OWNER OR OPERATOR OF LIVERY VESSELS  WHICH  LEASES  ANY  SUCH
    6  VESSEL  IN THE MARINE AND COASTAL DISTRICT FOR USE BY RECREATIONAL FISH-
    7  ING PASSENGERS SHALL HOLD A  LIVERY  BOAT  RECREATIONAL  MARINE  FISHING
    8  LICENSE  ISSUED  BY  THE  DEPARTMENT  FOR  AN ANNUAL FEE OF FOUR HUNDRED
    9  DOLLARS FOR THE ENTIRE FLEET OF LIVERY BOATS OF AN  OWNER  OR  OPERATOR.
   10  SUCH  LICENSES SHALL ONLY BE ISSUED TO PERSONS DOMICILED IN THE STATE OR
   11  IN A STATE WHICH AFFORDS RECIPROCAL FISHING PRIVILEGES TO PERSONS  DOMI-
   12  CILED  IN  NEW  YORK.  A  LICENSE  ISSUED PURSUANT TO THIS SECTION SHALL
   13  AUTHORIZE ALL PASSENGERS ABOARD A LIVERY BOAT, OWNED OR  OPERATED  BY  A
   14  LICENSEE,  TO  ENGAGE IN RECREATIONAL MARINE FISHING. SUCH LICENSE SHALL
   15  BE POSTED AND MADE AVAILABLE AT THE LICENSEE'S PLACE OF BUSINESS, AND  A
   16  COPY  THEREOF  SHALL  BE  POSTED  AND MADE AVAILABLE ON EACH LIVERY BOAT
   17  OWNED OR OPERATED BY THE LICENSEE. FOR THE  PURPOSES  OF  THIS  SECTION,
   18  "LIVERY BOAT" SHALL MEAN A VESSEL OF TWENTY OR LESS FEET IN LENGTH WHICH
   19  IS  LEASED FOR USE BY PASSENGERS FOR THE PURPOSE OF TAKING OR ATTEMPTING
   20  TO TAKE MARINE FISH FOR RECREATIONAL PURPOSES.
   21    2. LIVERY BOAT RECREATIONAL MARINE FISHING LICENSES  SHALL  EXPIRE  ON
   22  THE THIRTY-FIRST DAY OF DECEMBER OF EACH YEAR.
   23    S  2.  Subdivision 5 of section 13-0355 of the environmental conserva-
   24  tion law is amended by adding a new paragraph c to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15109-01-9
       S. 6314                             2

    1    C. RECREATIONAL FISHING PASSENGERS ON A MARINE  AND  COASTAL  DISTRICT
    2  LIVERY  BOAT  LICENSED  PURSUANT  TO SECTION 13-0336-A OF THIS TITLE MAY
    3  TAKE FISH AS IF THEY HELD A RECREATIONAL MARINE FISHING LICENSE.
    4    S 3. This act shall take effect immediately.