Designations And Transfers
This web page provides information on the designation and transfer of limited entry licenses and permits. The limited entry commercial fishing licenses and permits issued by DEC are the Crab Permit, Food Fish License, Lobster Permit, and Whelk License.
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Designations
Designate an immediate family member to receive your licenses to ensure that your commercial fishing licenses and permits stay within your family. By designating your limited entry permit to a family member, you guarantee that they can benefit in the future from your past commercial fishing investments.
Environmental Conservation Law 13-0328(6) and applicable sections of 6 NYCRR Part 40 allow the reissuance of a limited entry license or permit to a designated family member following the death of the license holder. DEC strongly recommends all current holders of commercial limited entry marine permits and licenses to designate a member of their immediate family to receive their commercial limited entry licenses in the event of the death of the license/permit holder. The designation of an immediate family member by a license or permit holder is critical to ensure the proper disposition of limited entry licenses and permits following the death of a license or permit holder.
Without a signed and notarized designation form, DEC cannot determine a deceased permit holder's intentions for license designation.
A newly submitted designation form will supersede any previously filed designation form with DEC. All completed and submitted designation forms will be kept on file in the Marine Permit Office for future reference. DEC encourages you to maintain a copy of the completed form for your records. The license holder may change their designation at any time by filing a new completed, signed, and notarized designation form with DEC.
How to Submit a Designation Form
- Download and print the Marine Permit Office License or Permit Designation Form (PDF) or contact the Marine Permit Office at 631-444-0470 to be mailed a form.
- Review the instructions and conditions provided on the designation form.
- Completely fill out the form.
- The form must be signed and notarized.
- Submit the completed application by mail or in-person to:
NYSDEC Marine Permit Office, 123 Kings Park Blvd., Kings Park, NY 11754
If a license holder does not wish to designate an immediate family member as a recipient of the permit holder's licenses, they may choose to declare that their limited entry license(s) will be ceded to New York State. The license or permit holder should complete and submit a Declination to Designate Form (PDF) to DEC. Declining to designate a recipient means that the limited entry license(s) will expire by operation of law upon the license holder's death. After submission of a completed Declination to Designate Form, immediate family members will not be eligible to receive any of the original permit holder's licenses or permits after the death of the license holder. The license holder may at a later date choose to designate a family member to receive their limited entry license.
Transfers Between Immediate Family Members
A limited entry license or permit holder may request that a member of their immediate family be reissued (transfer) their limited entry license or permit. The license or permit holder must identify the intended recipient and the licenses or permits to be transferred in writing to DEC. The intended recipient must be at least 16 years of age at the time of the transfer.
Once the license or permit is reissued or transferred to the family member, the original license or permit holder may not apply for a new license or permit that is the same type as the license or permit they had transferred to the family member. However, they may be reissued or transferred the same license or permit that they had originally transferred.
How to Submit a Transfer of Eligibility Form
This form only identifies the intended recipient and the license or permits to be transferred. The recipient must contact the Marine Permit Office to submit a license or permit application and fee for the transferred license or permit for the transfer/reissuance to be completed.
- Download and print the Transfer of Eligibility Form (PDF) or contact the Marine Permit Office at 631-444-0470 to be mailed a form.
- Review the instructions and conditions provided on the transfer form.
- Completely fill out the form.
- The form must be signed and notarized.
- Submit the completed form by mail or in-person to:
NYSDEC Marine Permit Office, 123 Kings Park Blvd., Kings Park, NY 11754
Clarification of "Immediate Family"
Environmental Conservation Law (ECL) section 13-0328 allows a license or permit holder to reissue (transfer) a limited entry license or permit to an immediate family member. Likewise, a license or permit holder may designate an immediate family member to receive their limited entry license or permit in the event of the license or permit holder's death.
"Immediate family" as used in ECL 13-0328 (6) and (7) refers to:
- the spouse, sibling, child, grandparent, and grandchild of the permit holder. These family members DO NOT need to be living in the same house as the license or permit holder.
- individuals who are related by blood (such as cousin, niece/nephew, aunt/uncle) AND who are living at the same domicile as the license or permit holder.
- individuals who are related by marriage or adoption (in-laws, stepchildren, adopted children) AND who are living at the same domicile as the permit holder.
- The domicile requirement only applies to individuals who are related by blood, marriage, or adoption.
If you have any questions concerning these forms or license reissuance, please contact the Marine Permit Office (631) 444-0470 or [email protected] .