Section 13-0328. Commercial licenses; limited entry  


Latest version.
  • 1.  Commercial  food  fish  licenses.  Commercial  food  fish licenses
      provided for by section  13-0335  of  this  title  shall  be  issued  as
      follows:
        a.  for  the period beginning July first, nineteen hundred ninety-nine
      and ending December  thirty-first,  nineteen  hundred  ninety-nine,  the
      following  persons shall be eligible to be issued a commercial food fish
      license:
        (i) persons who held a valid commercial food fish license in  nineteen
      hundred ninety-eight;
        (ii) persons who held a valid commercial food fish license in nineteen
      hundred ninety-six but not in nineteen hundred ninety-seven; and
        (iii)  persons who submitted applications to the department during the
      period commencing January first, nineteen hundred ninety-nine and ending
      on the effective date of this section and who were eligible  to  receive
      such license but had not been issued such license during such period.
        b.  for  the period beginning January first, two thousand four through
      December thirty-first, two thousand eleven, the  number  of  residential
      commercial   food  fish  licenses  and  the  number  of  non-residential
      commercial food fish licenses shall  not  exceed  the  following  annual
      limits:
        (i)  for two thousand four, the number of licenses shall be limited to
      the greater of the number of licenses issued in two thousand two or  the
      number of licenses issued in two thousand three;
        (ii) for two thousand five, the number of licenses shall be limited to
      the  number  of licenses issued in two thousand four, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      four and the limit established in subparagraph (i) of this paragraph;
        (iii) for two thousand six, the number of licenses shall be limited to
      the  number  of licenses issued in two thousand five, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      five and the limit established in subparagraph (ii) of this paragraph;
        (iv)  for  two thousand seven, the number of licenses shall be limited
      to the number of licenses issued in two thousand six, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      six and the limit established in subparagraph (iii) of this paragraph;
        (v) for two thousand eight, the number of licenses shall be limited to
      the  number of licenses issued in two thousand seven, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      seven and the limit established in subparagraph (iv) of this paragraph;
        (vi) for two thousand nine, the number of licenses shall be limited to
      the  number of licenses issued in two thousand eight, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      eight and the limit established in subparagraph (v) of this paragraph;
        (vii) for two thousand ten, the number of licenses shall be limited to
      the  number  of licenses issued in two thousand nine, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      nine and the limit established in subparagraph (vi) of this paragraph;
        (viii)  for  two  thousand  eleven,  the  number  of licenses shall be
      limited to the number of licenses issued in two thousand ten, plus fifty
      percent of any difference between the number of licenses issued  in  two
      thousand  ten  and  the  limit established in subparagraph (vii) of this
      paragraph.
        c. for the  period  beginning  January  first,  two  thousand  through
      December  thirty-first,  two  thousand eleven, persons who were issued a
      commercial food fish license in the previous year shall be  eligible  to
      be issued such license.
    
        d.  for  the period beginning January first, two thousand four through
      December thirty-first, two thousand eleven, the department  shall  issue
      commercial  food  fish  licenses  to  persons  who  were not issued such
      license in the previous year provided that  the  total  number  of  such
      licenses  issued  to such persons does not exceed the difference between
      the number of licenses established in paragraph b  of  this  subdivision
      and  the  number of such licenses issued pursuant to paragraph c of this
      subdivision, subject to the following:
        (i) licenses shall be issued in the order in  which  the  applications
      were  received,  except that where multiple applications are received by
      the department on the same day, applicants for whom the  department  has
      received  notice  of successful completion of an apprenticeship pursuant
      to subdivision  seven  of  this  section  shall  be  considered  by  the
      department prior to other applicants;
        (ii) licenses may be issued to individuals only;
        (iii)  licenses shall be issued to applicants who are sixteen years of
      age or older at the time of the application; and
        (iv) licenses shall be issued only to persons  who  demonstrate  in  a
      manner  acceptable to the department that they received an average of at
      least fifteen thousand dollars of income over  three  consecutive  years
      from  commercial  fishing  or  fishing,  or  who successfully complete a
      commercial food fish apprenticeship pursuant  to  subdivision  seven  of
      this  section.  As used in this subparagraph, "commercial fishing" means
      the taking and sale  of  marine  resources  including  fish,  shellfish,
      crustacea  or  other marine biota and "fishing" means commercial fishing
      and carrying fishing  passengers  for  hire.  Individuals  who  wish  to
      qualify  based  on  income  from  "fishing" must hold a valid marine and
      coastal district party and  charter  boat  license.  No  more  than  ten
      percent  of  the  licenses  issued each year based on income eligibility
      pursuant to this paragraph shall be issued  to  applicants  who  qualify
      based  solely  upon  income derived from operation of or employment by a
      party or charter boat.
        2. Commercial lobster permits. Commercial lobster permits provided for
      by section 13-0329 of this title shall be issued as follows:
        a. for the period beginning July first, nineteen  hundred  ninety-nine
      and  ending  December  thirty-first,  nineteen  hundred ninety-nine, the
      following persons shall be eligible to be issued  a  commercial  lobster
      permit:
        (i)  persons  who  held  a valid commercial lobster permit in nineteen
      hundred ninety-eight;
        (ii) persons who held a valid commercial lobster  permit  in  nineteen
      hundred ninety-six but not in nineteen hundred ninety-seven; and
        (iii)  persons who submitted applications to the department during the
      period commencing January first, nineteen hundred ninety-nine and ending
      on the effective date of this section and who were eligible  to  receive
      such permit but had not been issued such permit during such period.
        b.  for  the  period  beginning  January  first, two thousand, through
      December thirty-first, two thousand eleven, only persons who were issued
      a commercial lobster permit in the previous year shall be eligible to be
      issued such permit.
        3. Commercial crab permits. Commercial crab permits  provided  for  by
      section 13-0331 of this title shall be issued as follows:
        a.  for  the period beginning July first, nineteen hundred ninety-nine
      and ending December  thirty-first,  nineteen  hundred  ninety-nine,  the
      following  persons  shall  be  eligible  to  be issued a commercial crab
      permit:
        (i) persons who held  a  valid  commercial  crab  permit  in  nineteen
      hundred ninety-eight;
    
        (ii)  persons  who  held  a  valid  commercial crab permit in nineteen
      hundred ninety-six but not in nineteen hundred ninety-seven; and
        (iii)  persons who submitted applications to the department during the
      period commencing January first, nineteen hundred ninety-nine and ending
      on the effective date of this section and who were eligible  to  receive
      such permit but had not been issued such permit during such period.
        b.  for  the period beginning January first, two thousand four through
      December thirty-first, two thousand eleven, the  number  of  residential
      commercial  crab  permits  and  the number of non-residential commercial
      crab permits shall not exceed the following annual limits:
        (i) for two thousand four, the number of permits shall be  limited  to
      the  greater  of the number of permits issued in two thousand two or the
      number of permits issued in two thousand three;
        (ii) for two thousand five, the number of permits shall be limited  to
      the number of permits issued in two thousand four, plus fifty percent of
      any difference between the number of permits issued in two thousand four
      and the limit established in subparagraph (i) of this paragraph;
        (iii)  for two thousand six, the number of permits shall be limited to
      the number of permits issued in two thousand five, plus fifty percent of
      any difference between the number of permits issued in two thousand five
      and the limit established in subparagraph (ii) of this paragraph;
        (iv) for two thousand seven, the number of licenses shall  be  limited
      to  the number of permits issued in two thousand six, plus fifty percent
      of any difference between the number of permits issued in  two  thousand
      six and the limit established in subparagraph (iii) of this paragraph;
        (v)  for two thousand eight, the number of permits shall be limited to
      the number of permits issued in two thousand seven, plus  fifty  percent
      of  any  difference between the number of permits issued in two thousand
      seven and the limit established in subparagraph (iv) of this paragraph;
        (vi) for two thousand nine, the number of permits shall be limited  to
      the  number  of permits issued in two thousand eight, plus fifty percent
      of any difference between the number of permits issued in  two  thousand
      eight and the limit established in subparagraph (v) of this paragraph;
        (vii)  for two thousand ten, the number of permits shall be limited to
      the number of permits issued in two thousand nine, plus fifty percent of
      any difference between the number of permits issued in two thousand nine
      and the limit established in subparagraph (vi) of this paragraph;
        (viii) for two thousand eleven, the number of permits shall be limited
      to the number of permits issued in two thousand ten, plus fifty  percent
      of  any  difference between the number of permits issued in two thousand
      ten and the limit established in subparagraph (vii) of this paragraph.
        c. for the  period  beginning  January  first,  two  thousand  through
      December  thirty-first,  two  thousand eleven, persons who were issued a
      commercial crab permit in the previous year  shall  be  eligible  to  be
      issued such permit.
        d.  for  the period beginning January first, two thousand four through
      December thirty-first, two thousand eleven, the department  shall  issue
      commercial  crab  permits  to persons who were not issued such permit in
      the previous year provided that the total number of such permits  issued
      to  such  persons  does  not exceed the difference between the number of
      permits established in paragraph b of this subdivision and the number of
      such permits issued pursuant to paragraph c of this subdivision, subject
      to the following:
        (i) permits shall be issued in the order  in  which  the  applications
      were  received,  except that where multiple applications are received by
      the department on the same day, applicants for whom the  department  has
      received  notice  of successful completion of an apprenticeship pursuant
    
      to subdivision  seven  of  this  section  shall  be  considered  by  the
      department prior to other applicants;
        (ii) permits may be issued to individuals only;
        (iii)  permits  shall be issued to applicants who are sixteen years of
      age or older at the time of the application; and
        (iv) permits shall be issued only to  persons  who  demonstrate  in  a
      manner  acceptable to the department that they received an average of at
      least fifteen thousand dollars of income over  three  consecutive  years
      from  commercial  fishing  or  fishing,  or who successfully complete an
      apprenticeship pursuant to subdivision seven of this section. As used in
      this subparagraph, "commercial fishing" means the  taking  and  sale  of
      marine  resources  including  fish, shellfish, crustacea or other marine
      biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
      passengers  for  hire.  Individuals  who wish to qualify based on income
      from "fishing" must hold a valid marine and coastal district  party  and
      charter  boat  license.  No  more than ten percent of the permits issued
      each year based on income eligibility pursuant to this  paragraph  shall
      be  issued  to  applicants  who  qualify  based upon income derived from
      operation of or employment by a party or charter boat.
        4. Commercial whelk or  conch  licenses.  Commercial  whelk  or  conch
      licenses  provided  for by section 13-0330 of this title shall be issued
      as follows:
        a. for the period beginning January first, two thousand  four  through
      December  thirty-first,  two  thousand eleven, the number of residential
      commercial whelk or conch licenses and  the  number  of  non-residential
      commercial whelk or conch licenses shall not exceed the following annual
      limits:
        (i)  for two thousand four, the number of licenses shall be limited to
      three hundred or the number of licenses issued in  two  thousand  three,
      whichever is greater;
        (ii) for two thousand five, the number of licenses shall be limited to
      the  number  of licenses issued in two thousand four, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      four and the limit established in subparagraph (i) of this paragraph;
        (iii) for two thousand six, the number of licenses shall be limited to
      the  number  of licenses issued in two thousand five, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      five and the limit established in subparagraph (ii) of this paragraph;
        (iv)  for  two thousand seven, the number of licenses shall be limited
      to the number of licenses issued in two thousand six, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      six and the limit established in subparagraph (iii) of this paragraph;
        (v) for two thousand eight, the number of licenses shall be limited to
      the  number of licenses issued in two thousand seven, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      seven and the limit established in subparagraph (iv) of this paragraph;
        (vi) for two thousand nine, the number of licenses shall be limited to
      the  number of licenses issued in two thousand eight, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      eight and the limit established in subparagraph (v) of this paragraph;
        (vii) for two thousand ten, the number of licenses shall be limited to
      the  number  of licenses issued in two thousand nine, plus fifty percent
      of any difference between the number of licenses issued in two  thousand
      nine and the limit established in subparagraph (vi) of this paragraph;
        (viii)  for  two  thousand  eleven,  the  number  of licenses shall be
      limited to the number of licenses issued in two thousand ten, plus fifty
      percent of any difference between the number of licenses issued  in  two
    
      thousand  ten  and  the  limit established in subparagraph (vii) of this
      paragraph.
        b.  for  the period beginning January first, two thousand four through
      December thirty-first, two thousand eleven, persons who  were  issued  a
      commercial whelk or conch license in the previous year shall be eligible
      to be issued such license.
        c.  for  the period beginning January first, two thousand four through
      December thirty-first, two thousand eleven, persons who were not  issued
      a  commercial  whelk  or  conch  license  in  the previous year shall be
      eligible to be issued such license provided that  the  total  number  of
      such  licenses  issued  to  such persons shall not exceed the difference
      between the number of  licenses  established  in  paragraph  a  of  this
      subdivision and the number of such licenses issued pursuant to paragraph
      b of this subdivision, subject to the following:
        (i)  licenses  shall  be issued in the order in which the applications
      were received, except that where multiple applications are  received  by
      the  department  on the same day, applicants for whom the department has
      received notice of successful completion of an  apprenticeship  pursuant
      to  subdivision  seven  of  this  section  shall  be  considered  by the
      department prior to other applicants;
        (ii) licenses may be issued to individuals only;
        (iii) licenses shall be issued to applicants who are sixteen years  of
      age or older at the time of the application; and
        (iv)  licenses  shall  be  issued only to persons who demonstrate in a
      manner acceptable to the department that they received an average of  at
      least  fifteen  thousand  dollars of income over three consecutive years
      from commercial fishing or fishing,  or  who  successfully  complete  an
      apprenticeship pursuant to subdivision seven of this section. As used in
      this  subparagraph,  "commercial  fishing"  means the taking and sale of
      marine resources including fish, shellfish, crustacea  or  other  marine
      biota  and  "fishing"  means  commercial  fishing  and  carrying fishing
      passengers for hire. Individuals who wish to  qualify  based  on  income
      from  "fishing"  must hold a valid marine and coastal district party and
      charter boat license. No more than ten percent of  the  licenses  issued
      each  year  pursuant to this paragraph shall be issued to applicants who
      qualify based upon income derived from operation of or employment  by  a
      party or charter boat.
        5. Marine and coastal district party and charter boat licenses. Marine
      and  coastal  district  party  and charter boat licenses provided for by
      section 13-0336 of this title shall be issued as  follows,  except  that
      this  subdivision  shall  not  apply to the owner or operator of a party
      boat or charter boat whose vessel is classified  by  the  United  States
      Coast  Guard  as  an Inspected Passenger Vessel and which is licensed to
      carry more than six passengers:
        a. for the years two thousand eight through two thousand  eleven,  the
      annual  number  of  marine  and  coastal district party and charter boat
      licenses issued shall not exceed the number issued in two thousand seven
      by more than one hundred licenses.
        b. for the years two  thousand  eight  through  two  thousand  eleven,
      persons  who were issued a marine and coastal district party and charter
      boat license in the previous year shall be eligible to  be  issued  such
      license.
        c.  for  the years two thousand eight through two thousand eleven, the
      department shall issue marine and coastal  district  party  and  charter
      boat  licenses  to  persons  who  were  not  issued  such license in the
      previous year, provided that the total number of such licenses issued to
      such persons does not exceed the difference  between  the  annual  limit
      established  in  paragraph  a of this subdivision and the number of such
    
      licenses issued in the previous year pursuant to  paragraph  b  of  this
      subdivision, subject to the following:
        (i)  licenses  shall  be issued in the order in which the applications
      were received;
        (ii) licenses shall be issued only to persons who hold an  Uninspected
      Passenger Vessel license issued by the United States Coast Guard.
        6. License or permit reissuance.
        a.  Notwithstanding the provisions of subdivisions one, two, three and
      four of this section, the department may permit reissuance of a  license
      or  permit  to  a  member of the immediate family of the prior holder of
      such license or permit; provided that the individual to whom the license
      or permit is being reissued is  at  least  sixteen  years  of  age.  The
      department may permit a license or permit holder to designate in writing
      a  member  of  his or her immediate family to whom the license or permit
      shall be reissued in the event that the license or  permit  holder  dies
      prior to surrendering his or her license or permit to the department. In
      the  event  that  a  designated immediate family member does not wish to
      engage in the commercial fishing activities authorized by  such  license
      or  permit,  the  department  may  permit  such  person  to  identify an
      alternate person to whom the license or permit shall  be  reissued.  The
      department  is authorized to adopt regulations concerning the reissuance
      of licenses or permits pursuant to this subdivision.
        b. The holder of a reissued license or  permit  shall  engage  in  the
      activity  authorized  by the license or permit within three years of the
      reissuance date. If the license or permit holder fails to engage in such
      activity during the three years following  reissuance,  the  license  or
      permit  shall lapse at the end of the three year period and shall not be
      renewed unless the department, in its discretion,  determines  that  the
      license  or  permit  holder's  inactivity  was  justified by significant
      hardship or unavoidable circumstances.
        7.  Commercial  license  apprenticeship  program.  The  department  is
      authorized  to  adopt regulations establishing an apprenticeship program
      for persons who wish to obtain a  commercial  crab  permit  pursuant  to
      section  13-0331  of this title, a commercial food fish license pursuant
      to section 13-0335 of this title or a commercial whelk  (conch)  license
      pursuant to section 13-0330 of this title. Upon successful completion of
      the  apprenticeship program, a person shall become eligible to receive a
      commercial crab permit, commercial food fish  license  or  a  commercial
      whelk  (conch)  license,  as  applicable,  subject  to the provisions of
      paragraph d of subdivision one, paragraph d of  subdivision  three,  and
      paragraph c of subdivision four of this section, respectively.