Bill Text: NY S04059 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a state commercial fishing industry advocate and a commercial fishing economic development program to promote the state's commercial fishing industry; defines terms; makes related provisions.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO AGRICULTURE [S04059 Detail]

Download: New_York-2023-S04059-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4059

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 2, 2023
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture

        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          establishment  of a state commercial fishing industry advocate and the
          creation of a  commercial  fishing  economic  development  program  to
          promote the state's commercial fishing industry

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  article 29-A to read as follows:
     3                                ARTICLE 29-A
     4                    COMMERCIAL FISHING INDUSTRY ECONOMIC
     5                             DEVELOPMENT PROGRAM
     6  Section 530. Legislative findings and intent.
     7          531. Definitions.
     8          532. New York state commercial fishing advocate established.
     9          533. Powers of the advocate.
    10          534. Commercial fishing economic development program created.
    11          535. Reports.
    12          536. Assistance of other state agencies.
    13          537. Functions, powers and duties of other departments and state
    14                 agencies.
    15    §  530.  Legislative  findings  and  intent. The legislature finds and
    16  determines:
    17    1. that the state's commercial fishing industry plays a  key  role  in
    18  the continuing economic growth and vitality of the state;
    19    2.  that the commercial fishing industry presents economic development
    20  opportunities that could promote growth thereby enhancing these  employ-
    21  ers  and  employees in fish processing, retail markets, restaurants, and
    22  other commercial fishing related businesses, as well  as  promoting  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05661-01-3

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     1  economic well-being of fishing families throughout the state through job
     2  creation and job retention;
     3    3.  that  the  commercial fishing industry needs assistance to promote
     4  the interests of this industry and to  help  navigate  the  federal  and
     5  state regulatory requirements that oversee the industry; and
     6    4.  that the state commercial fishing industry will be enhanced by the
     7  establishment of an economic  development  program  for  the  commercial
     8  fishing industry that promotes long-term health and abundance of fisher-
     9  ies resources and habitats.
    10    §  531.  Definitions.  For the purposes of this article, the following
    11  terms shall have the following meanings:
    12    1. "State commercial fishing advocate" shall mean the state commercial
    13  fishing advocate established pursuant to this article.
    14    2. "Program" shall mean the commercial  fishing  economic  development
    15  program established pursuant to this article.
    16    3.  "Commercial fishing industry" shall mean those businesses involved
    17  in the harvesting, marketing, research, processing of fish or  shellfish
    18  or  providing  essential  inputs  for or services to such businesses and
    19  shall include job training and public  information  programs  associated
    20  with such products.
    21    §  532. New York state commercial fishing advocate established.  There
    22  is hereby established in the department, the  state  commercial  fishing
    23  advocate  to represent the interests of the commercial fishing industry.
    24  The commercial fishing advocate shall possess knowledge  and  experience
    25  in  matters  affecting  the  commercial  fishing industry, including the
    26  importance of marine fisheries management and conservation roles in  the
    27  long-term  vitality  of the industry, and shall be responsible for exer-
    28  cising all the powers granted by this article,  including  advising  the
    29  commissioner  on  matters  relating  to the commercial fishing industry,
    30  including the direction, control, and operation of the commercial  fish-
    31  ing economic development program.
    32    §  533.  Powers  of  the  advocate.  1.  The advocate shall advise the
    33  commissioner on matters concerning commercial fishing and  to  serve  as
    34  liaison  between the state's commercial fishing industry and the commis-
    35  sioner with respect to the design  and  implementation  of  the  state's
    36  policies  and  programs  relating to commercial fishing in a manner that
    37  supports the long-term health and abundance of fisheries  resources  and
    38  management.
    39    2. In addition, the advocate shall have the following powers:
    40    (a)  To  identify  and  review  commercial  fishing related issues and
    41  current state policies and programs which affect the commercial  fishing
    42  industry in the state;
    43    (b)  To  advise  the  department  in  its promotion and development of
    44  alternative uses for commercial fishing vessels,  such  as  tourism  and
    45  other uses and services in the state;
    46    (c)  To advise the department in the development and implementation of
    47  the state's marketing and business development program for  the  commer-
    48  cial fishing industry, including long-range strategies for promoting the
    49  industry in an economically sustainable and environmentally sound manner
    50  that supports long-term vitality of the industry;
    51    (d)  To  advise  the  department,  the  governor  and  the legislature
    52  concerning recommended legislation necessary to foster and  promote  the
    53  long-term  vitality  and  development of the commercial fishing industry
    54  within the state;
    55    (e) To  advise  the  department,  the  governor  and  the  legislature
    56  concerning  existing  laws,  rules, and regulations related to the long-

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     1  term vitality and development of the commercial fishing industry  within
     2  the state;
     3    (f) To promote the development of inter-governmental cooperation among
     4  agencies  of the federal, state and local governments and foster cooper-
     5  ation between private industry and government so as to assure the  long-
     6  term vitality of the commercial fishing industry;
     7    (g)  To  assist  the department in obtaining information necessary for
     8  the development and improvement of state policies and programs affecting
     9  the commercial fishing industry in the state; and
    10    (h) To administer the economic development program created pursuant to
    11  section five hundred thirty-four of this article.
    12    3. The department shall provide necessary technical and staff  assist-
    13  ance to the state commercial fishing advocate.
    14    §  534. Commercial fishing economic development program created. There
    15  is hereby created a  commercial  fishing  economic  development  program
    16  under  the  jurisdiction of the department and administered by the advo-
    17  cate, the purpose of which shall be to target and promote:
    18    1.  marine  resources  development  in  ways  which  are  economically
    19  sustainable, environmentally sound, and promotes the long-term health of
    20  fisheries resources and habitat;
    21    2.  public  awareness  and understanding of the economic, cultural and
    22  environmental importance of New York's commercial fishing industry;
    23    3. the development, retention, diversification and long-term  vitality
    24  of  the  commercial fishing resources industry in ways that will enhance
    25  related efforts of  federal,  state  and  local  agencies,  commissions,
    26  committees, associations, trade groups and manufacturers;
    27    4.  electronic  and other information shared related to the commercial
    28  fishing industry;
    29    5. the development of  financing  mechanisms  for  the  establishment,
    30  retention,  diversification  and  long-term  vitality  of the commercial
    31  fishing industry;
    32    6. increased consumer awareness of the  commercial  fishing  industry,
    33  its  products and services. Further, to act as a liaison between consum-
    34  ers, industry, state and federal agencies, and other stakeholders;
    35    7. demonstration projects which would improve  business  profitability
    36  and long-term sustainability; and
    37    8. the review of any regulatory barriers which may impede the develop-
    38  ment, retention, diversification or long-term vitality of the commercial
    39  fishing industry.
    40    §  535. Reports. The advocate shall make an annual report on or before
    41  July first, two thousand twenty-five and each  year  thereafter  to  the
    42  governor,  the  department, and the legislature setting forth the activ-
    43  ities undertaken by the advocate. Such report shall be available to  the
    44  public free of charge on a publicly available website.
    45    §  536. Assistance of other state agencies. To effectuate the purposes
    46  of this article, the advocate may  request  and  shall  be  entitled  to
    47  receive  from  any  state agency, and the same are authorized to provide
    48  such assistance, service, facilities and data as will enable  the  advo-
    49  cate  to  carry  out  the  functions, powers and duties provided by this
    50  article. The advocate may enter into cooperative agreements  with  other
    51  government offices to efficiently carry out its work.
    52    §  537.  Functions,  powers  and duties of other departments and state
    53  agencies. Nothing contained in this article shall be deemed  to  detract
    54  in any way from the functions, powers or duties prescribed by law of any
    55  department of the state or to interrupt or preclude the direct relation-
    56  ship  of  any such department or agency with other agencies, individuals

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     1  or corporations for the  carrying  out  of  its  functions,  powers  and
     2  duties.
     3    §  2.  Severability.  If  any provision of this act or the application
     4  thereof shall for any reason be  adjudged  by  any  court  of  competent
     5  jurisdiction  to  be  invalid, such judgment shall not affect, impair or
     6  invalidate the remainder of this act, but shall be confined in its oper-
     7  ation to the provision thereof directly involved in the  controversy  in
     8  which the judgment shall have been rendered.
     9    §  3. This act shall take effect on the first of April next succeeding
    10  the date on which it shall have become a law.
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