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 Fishing License, Lobster Permit, and Whelk License.

Note: The recipient of a Commercial Striped Bass Harvester Permit as established through a signed and notarized designation or transfer form will receive a partial share of striped bass tags. To receive a full share of tags, they must satisfy the income requirements specified in regulation (proof that 50 percent or more of their earned income came from their direct participation in the harvest of marine fish, shellfish, crustaceans or other marine biota during the preceding year. A complete copy of the pertinent tax records must be submitted to the department). 

For the purpose of brevity, licenses and permits will be referred to only as permits on this page. 

Designations

Environmental Conservation Law (ECL) 13-0328(6) and applicable sections of 6 New York Codes Rules and Regulations (NYCRR) Part 40 allow the reissuance of limited entry permits to a designated family member following the death of the permit holder. DEC strongly recommends all current holders of commercial limited entry marine permits designate a member of their immediate family to receive their commercial limited entry permits in the event of the death of the permit holder. The designation of an immediate family member by a permit holder is critical to ensure the proper disposition of limited entry permits following the death of a permit holder.

Without a signed and notarized designation form, DEC cannot determine a deceased permit holder's intentions for permit 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 permit holder may change their designation at any time by submitting a new completed, signed, and notarized designation form to DEC.

How to Submit a Designation Form

• Download and print the Designation Form for License Reissuance (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 permit holder does not wish to designate an immediate family member as a recipient of their permit(s), they may choose to declare that their limited entry permit(s) will be ceded to New York State. The 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. The submission of a completed Declination to Designate Form by a permit holder, signifies that their immediate family members will not be eligible to receive any of the original permit holder's licenses or permits after the death of the permit holder. At any time later the license holder may choose to designate a family member to receive their limited entry license by submitting the designation form as detailed above.

Designation Procedures (for the recipient)

Upon the permit holder’s death, the recipient has two options:

1. The recipient accepts the permit(s)
   1. The recipient must fill out an application and pay permit fees. The recipient may be subject to a compliance review.
   2. The permit(s) will be reissued to the recipient, if appropriate. The recipient must engage in the authorized activity within three years of the reissuance date (ECL 13-0328(6)(c)). 
   3. Once reissued to the recipient, the permit(s) can only be reissued to an immediate family member of the recipient as defined by ECL 13-0328(6)(d).
   4. As the new permit holder, the recipient should fill out a new designation form.

OR

2. The recipient chooses an alternate recipient
   1. The recipient will NOT be issued the permit(s), and they waive their eligibility to receive them or use them in the future.
   2. The recipient must notify DEC in writing of their decision to choose an alternate recipient. This statement must be notarized and include the following:
      1. the name and date of birth of the alternate recipient; and
      2. a list of the permit(s), including permit number, to be received by the alternate recipient. The alternate recipient does NOT need to be an immediate family member but must be at least sixteen years old.
   3. The alternate recipient must fill out an application and pay permit fees. The alternate recipient may be subject to a compliance review. 
   4. The permit(s) will be reissued to the alternate recipient, if appropriate.
   5. Once reissued to the alternate recipient, the permit(s) can only be transferred to an immediate family member of the alternate recipient as defined by ECL 13-0328(6)(d).
   6. As the new permit holder, the alternate recipient should fill out a new designation form.

Transfers Between Immediate Family Members

A limited entry permit holder may request that a member of their immediate family be reissued (transfer) their limited entry permit(s). The permit holder must identify the intended recipient and the 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 permit is reissued or transferred to the family member, the original permit holder may not apply for a new permit that is the same type as the 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 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 permit to an immediate family member. Likewise, a 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 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 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] .