Bill Text: NY S01036 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for the regulation of aquaculture for the purpose of developing fish-farming businesses as an alternative cash crop for farms across the state and appoints a task force relating thereto.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-01-10 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01036 Detail]
Download: New_York-2019-S01036-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1036 2019-2020 Regular Sessions IN SENATE January 10, 2019 ___________ Introduced by Sens. YOUNG, RANZENHOFER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the agriculture and markets law, in relation to the regulation of aquaculture; and to repeal section 11-1909 of the environmental conservation law relating to private trout and black bass hatcheries The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 11-1909 of the environmental conservation law is 2 REPEALED. 3 § 2. Paragraph a of subdivision 1 of section 11-1319 of the environ- 4 mental conservation law, as amended by chapter 193 of the laws of 1992, 5 is amended to read as follows: 6 a. This section governs possession, transportation and sale of all 7 fish taken in waters of the state, including the marine and coastal 8 district except (1) trout and black bass raised under permit from the 9 department and identified as provided in section [11-1909] one hundred 10 one of the agriculture and markets law, (2) fish taken from a farm fish 11 pond licensed as provided in section 11-1911, and (3) fish taken from 12 licensed fishing preserve waters as provided in section 11-1913. 13 § 3. Subdivision 1 of section 11-1501 of the environmental conserva- 14 tion law, as amended by chapter 193 of the laws of 1992, is amended to 15 read as follows: 16 1. This title 15 of the Fish and Wildlife Law and regulations adopted 17 pursuant hereto do not apply to (a) the taking of fish by angling as 18 permitted in title 13; (b) the taking of fish or the use of nets in the 19 marine and coastal district as defined in section 13-0103, or in a trout 20 or black bass hatchery operated under permit from the department as 21 provided in section [11-1909] one hundred one of the agriculture and 22 markets law, or in a farm fish pond licensed as provided in section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03938-01-9S. 1036 2 1 11-1911 or in a fishing preserve licensed as provided in section 2 11-1913; (c) the sale or taking for sale of bait fish named in section 3 11-1315. 4 § 4. The agriculture and markets law is amended by adding a new arti- 5 cle 6 to read as follows: 6 ARTICLE 6 7 REGULATION OF AQUACULTURE 8 Section 100. Legislative intent. 9 101. Private trout and black bass hatcheries. 10 102. Examination of regulatory policies. 11 103. Aquaculture task force. 12 § 100. Legislative intent. The legislature finds and declares that 13 aquaculture is among the fastest growing segments of the global agricul- 14 ture markets, with New York's fish-farming industry supplying fish to a 15 variety of markets, and that this body should seek ways to develop the 16 fish-farming business as an alternative cash crop for farms across the 17 state. 18 § 101. Private trout and black bass hatcheries. 1. The department in 19 its discretion may issue to any person a hatchery permit, valid during 20 the calendar year of issue, to propagate, raise and sell trout. The 21 department shall establish by order regulations governing the identifi- 22 cation and transportation of trout raised under such a permit, other 23 than by individual tagging, which are offered for sale, sold or trans- 24 ported. 25 2. The department in its discretion may issue to any person a hatchery 26 permit, valid during the calendar year of issue, to propagate, raise and 27 sell black bass. The department shall establish by order regulations 28 governing the identification and transportation of black bass raised 29 under such a permit, other than by individual tagging, which are offered 30 for sale, sold or transported. 31 § 102. Examination of regulatory policies. In order to achieve the 32 goals set forth in section one hundred of this article, the state shall 33 examine available regulatory and policy changes that would improve the 34 profitability of aquaculture in New York and adopt only policies that: 35 1. allow for the sale of live fish to domestic markets legally and 36 safely; 37 2. are not overly burdensome to the operator of an aquaculture facili- 38 ty; and 39 3. do not require individual identification or tagging as a method of 40 tracking domestically-raised fish. 41 § 103. Aquaculture task force. 1. An aquaculture task force is hereby 42 created to conduct the examination described in section one hundred two 43 of this article and determine the viability of adopting a regulatory 44 system with promotion and protection of the aquaculture industry as its 45 goal for the state. 46 2. The task force shall consist of ten members, each to serve for a 47 term of two years, to be appointed as follows: one shall be appointed by 48 the temporary president of the senate and one by the minority leader of 49 the senate; one shall be appointed by the speaker of the assembly and 50 one by the minority leader of the assembly; and six shall be appointed 51 by the governor. The appointees shall be broadly representative of the 52 geographic areas of the state and include representatives of the aqua- 53 culture industry, ethnic population and local government and the public 54 at large. No more than four appointees shall be legislators. Commis- 55 sioners of the department and the department of environmental conserva- 56 tion shall be ex-officio members. The governor shall designate theS. 1036 3 1 chairman and vice chairman from among his appointees. Vacancies in the 2 membership of the commission and among its officers shall be filled in 3 the manner provided for original appointments. 4 3. The task force may employ and at pleasure remove such personnel as 5 it may deem necessary for the performance of its functions and fix their 6 compensation within the amounts made available therefor. 7 4. The task force may meet within and without the state and shall hold 8 public hearings, and shall have all the powers of a legislative commit- 9 tee pursuant to the legislative law. 10 5. The members of the task force shall receive no compensation for 11 their services, but shall be allowed their actual and necessary expenses 12 incurred in the performance of their duties pursuant to this article. 13 6. To the maximum extent feasible, the task force shall be entitled to 14 request and receive and shall utilize and be provided with such facili- 15 ties, resources, and data of any court, department, division, board, 16 bureau, commission, or agency of the state or any political subdivision 17 thereof as it may reasonably request to carry out properly its powers 18 and duties pursuant to this article. 19 7. The appointing authorities shall appoint the members of the 20 sustainable development task force on or before ninety days after the 21 effective date of this section and the task force shall convene its 22 first meeting on or before sixty days thereafter. 23 8. The task force shall make a preliminary report to the governor and 24 the legislature of its findings, conclusions, and recommendations by 25 April first of the calendar year next succeeding the calendar year in 26 which this article took effect and a final report of its findings, 27 conclusions, and recommendations not later than December thirty-first of 28 the calendar year next succeeding the calendar year in which this arti- 29 cle took effect, and shall submit with its reports such legislative 30 proposals as it deems necessary to implement its recommendations. 31 § 5. This act shall take effect immediately.
