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BULLETIN |
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16 November 2004
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Volume XIII, No. 6
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BULLETIN |
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16 November 2004
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Volume XIII, No. 6
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NOTE: This proposal was developed by the Marine Recreational Fishing License Discussion Group, an ad hoc group established by the Marine Resources Advisory Council to explore the possibility of developing a draft proposal for creating a saltwater fishing license in New York State. While the Discussion Group did develop this proposal, and its associated license revenue expenditure program, the Group was ultimately unable to achieve a level of consensus support for these documents sufficient to recommend them to the full Council.
This draft describes the administrative particulars of a marine recreational fishing license program for New York State, to be implemented by the New York State Department of Environmental Conservation (DEC) with authorization from the New York State Legislature. The draft reflects the views and judgments of the Marine Recreational Fishing License Discussion Group, an ad hoc group operating under the auspices of the Marine Resources Advisory Council. Not every administrative detail of implementing a saltwater fishing license in New York is here addressed. Rather, the draft presents a general framework for a licensing program, focusing on several key issues that will substantially affect the acceptability of the licensing program to marine anglers in New York:
The goals of a New York State marine recreational fishing include: 1) providing expanded funding to programs undertaken by the NYS Department of Environmental Conservation that promote healthy marine recreational fisheries, including resource management and enhancement, recreational fishery access; marine recreational fishery business support, marine resource law enforcement, and research and 2) generating comprehensive and accurate data and information on the size, complexion, and activity patterns of marine recreational fishing in New York so that the programs identified in #1, above, can be designed to best meet the needs of resource management and the marine recreational fishing community in New York.
New York’s Marine Recreational Fishing License Program will incorporate both individual and vessel licenses. The types of individual licenses available will be patterned after existing freshwater fishing licenses. All licenses will be annual and valid for the 365 days following the day of purchase, except the individual lifetime license.
The marine recreational fishing license will be required for all persons harvesting finfish from the waters of the Marine District for recreational or subsistence purposes. This license does not cover recreational shellfishing in the State’s coastal waters.
Individual licenses
Cost (resident/non-resident)
Regular……………………$12.00/$30.00
Senior………………………$ 5.00/$10.00
1-day……………………….$ 2.00/$5.00
3-day……………………….$ 5.00/$10.00
7-day……………………….$ 7.00/$15.00
Lifetime…………………..$350.00/$500.00
Combination……………….$25.00/$50.00 (covers marine & freshwater)
Licenses will be issued at no cost to persons in the following groups:
A license is not required on days that are designated by DEC as free fishing days.
Vessel Fishing Licenses
Anglers taking or attempting to take marine finfish aboard a vessel possessing a vessel license are not required to possess an individual marine recreational fishing license. Anglers aboard vessels that do not possess a vessel license are required to possess an individual license. Vessel fishing licenses must be kept on board. A vessel fishing license is specific to a particular vessel and is transferable upon sale of that vessel. The “for hire” vessel licenses replace and supersede the current “for hire” vessel operators license.
Cost (resident/nonresident)
Charter Boat (£ 6 fares).…$250.00/$400.00
Party Boat (> 6 fares)..……$300.00/$500.00 (livery stations, too)
Private Boat……………….$ 50.00/$200.00
The above individual and vessel license fees will remain in place for the initial five (5) years of the marine recreational fishing license program, except on the recommendation of the Marine Recreational Fishing Development Commission.
Marine recreational fishing licenses will be available for purchase through DECALS (Department of Environmental Conservation Automated Licensing System). Agents of DEC shall retain 5% of the cost of each license purchased through their establishment during the initial year of the licensing program and 3% for all years thereafter. When fully developed, the DECALS system will provide for license sales via telephone and Internet connections.
Revenues from the marine recreational fishing license will be deposited into a new, designated subaccount of the New York State Conservation Fund, the, “Marine Recreational Fishing Development Subaccount.” Additionally, any federal monies made available to the Department through the Wallop-Breaux or other federal-state program attributable to the marine recreational fishing license program will also be deposited into this subaccount. Funds in this subaccount will subject to the same protections and expenditure procedures and restrictions as other monies deposited into the Conservation Fund. Interest earned on funds in this subaccount will accrue to the subaccount. Funds in the Marine Recreational Fishing Development Subaccount will be expended solely for purposes related to the goals of the marine recreational fishing license program (see above) and/or as delineated in legislation authorizing or establishing the marine recreational licensing program. The New York State Marine Recreational Fishing Development Commission is established to assist DEC in planning and implementing an evolving program of activities to be funded from the Marine Recreational Fishing Subaccount (see below).
The Marine Recreational Fishing Development Commission will be established to provide guidance to DEC and the State Legislature on the administration of the marine recreational fishing license program. The Commission will be comprised of 11 individuals resident in New York State who are knowledgeable regarding marine recreational fishing and the conservation and management of marine fishery resources and the Dean and Director of the Marine Sciences Research Center of Stony Brook University (or his/her designee) as a non-voting Chairperson. At least two members of the Commission will be owners/operators of “for hire” fishing vessels, two the owners or employees of a marine fishing tackle trade business, and two officers of an organized marine recreational fishing club, association or organization. Appointments to the Commission will be generally reflective of the geographic distribution of marine anglers within New York’s Marine District. Other than the chairperson, all members of the Commission will be appointed by the Commissioner of DEC. Three of the initial appointees to the Commission will serve 1-year terms, three will serve 2-year terms, and three will serve 3-year terms. Thereafter, all new appointment or reappointments will be for 3-year terms. No individual may serve more than two consecutive terms as a Commissioner. Commissioners shall not receive compensation for their services. Personal travel expenses incurred during the performance of duties as a Commissioner, however, will be reimbursed.
The Commission will meet a minimum of three times in a calendar year. The Commission will be primarily responsible for reviewing and approving an annual set of activities and programs proposed by DEC’s Director of Marine Resources for funding through the Marine Recreational Fishing Development Subaccount (aka “License Revenue Expenditure Program”). Expenditures from this subaccount are limited to those associated with activities and programs approved by the Commission. Expenditures from the subaccount will be subject to an annual external audit during the first two years of the program and every three years thereafter.
The marine recreational fishing license program will have an initial duration, specified in its enabling legislation, of five (5) years. There will be a mandatory review of the program by the Commission after program year three, with a subsequent statement of finding and recommendation from the Commission to DEC, the Governor and the Legislature on the program’s progress, effectiveness, and continuance.
Prepared by:
William M. Wise, Chairman, Marine Resources Advisory Council
September 2004
Page last modified Sunday, January 9, 2005 by George E. Carroll