Bill Text: NY S04248 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the commercial fishing jobs development program; and establishes a commercial fishing industry advocate to assist the marine resources advisory council in performing its duties with regard to the state's commercial fishing industry.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04248 Detail]

Download: New_York-2017-S04248-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 4248                                                  A. 5193
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    February 6, 2017
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          establishment  of a commercial fishing industry advocate to assist the
          marine resources advisory council in performing its duties with regard
          to the state's commercial fishing industry; and to amend the  economic
          development  law  in  relation to the creation of a commercial fishing
          jobs development program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Legislative findings and intent. The legislature finds and
     2  determines that the state's  commercial  fishing  industry  consists  of
     3  hundreds  of small family-owned businesses across the state that collec-
     4  tively play a key role in the continuing economic growth and vitality of
     5  the state. The legislature further finds  that  the  commercial  fishing
     6  industry  presents economic development opportunities that could promote
     7  growth thereby enhancing the well-being of these small business  employ-
     8  ers  and  employees in fish processing, retail markets, restaurants, and
     9  other commercial fishing related businesses, as well  as  promoting  the
    10  economic well-being of fishing families throughout the state through job
    11  creation  and  job  retention.  The  commercial  fishing  industry needs
    12  assistance to promote the interests of  the  small  businesses  in  this
    13  industry  and to help navigate the federal and state regulatory require-
    14  ments that oversee the industry. The state commercial  fishing  industry
    15  will  be  enhanced  by the creation of a commercial fishing advocate and
    16  the establishment of a jobs development program for the commercial fish-
    17  ing industry that promotes long-term economic health  and  abundance  of
    18  fisheries resources and habitats.
    19    §  2.  The  environmental  conservation law is amended by adding a new
    20  section 13-0351 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06768-01-7
        S. 4248                             2                            A. 5193
     1  § 13-0351. Commercial fishing advocate.
     2    1.  There  is  hereby  established  in  the  department,  under marine
     3  resources advisory council established by section 13-0350 of this  arti-
     4  cle,  the  state commercial fishing advocate to provide expertise to the
     5  council with regard to the commercial fishing industry.  The  commercial
     6  fishing  advocate  shall  possess  knowledge  and  experience in matters
     7  affecting the commercial fishing industry, including the  importance  of
     8  marine  fisheries  management  and  conservation  roles in the long-term
     9  vitality of the industry, and shall be responsible  for  exercising  all
    10  the  powers  granted  by  this  section,  including  advising the marine
    11  resources advisory council and the commissioner on matters  relating  to
    12  the  commercial  fishing  industry.  In  addition the commercial fishing
    13  advocate shall consult with the state department of economic development
    14  with regard to the commercial fishing jobs development  program  author-
    15  ized by section 407 of the economic development law.
    16    2. The advocate shall advise the marine resources advisory council and
    17  commissioner on matters concerning commercial fishing and shall serve as
    18  liaison  between  the state's commercial fishing industry and the marine
    19  resources advisory council and the  commissioner  with  respect  to  the
    20  design  and implementation of the state's policies and programs relating
    21  to commercial fishing in a manner that supports the long-term health and
    22  abundance of fisheries resources and management.
    23    3. In addition, the advocate shall have the following powers:
    24    (a) To identify and  review  commercial  fishing  related  issues  and
    25  current  state policies and programs which effect the commercial fishing
    26  industry in the state;
    27    (b) To advise the state department of economic development of alterna-
    28  tive uses for commercial fishing vessels, such as tourism and other uses
    29  and services in the state;
    30    (c) To advise the marine resources advisory council,  department,  and
    31  state  department  of economic development in the development and imple-
    32  mentation of the state's marketing and business development program  for
    33  the  commercial  fishing  industry,  including long-range strategies for
    34  promoting the industry  in  an  economically  sustainable  and  environ-
    35  mentally sound manner that supports long-term vitality of the industry;
    36    (d) To advise the marine resources advisory council, department, state
    37  department  of  economical development, the governor and the legislature
    38  concerning recommended legislation necessary to foster and  promote  the
    39  long-term  vitality  and  development of the commercial fishing industry
    40  within the state;
    41    (e) To advise the marine resources advisory council,  the  department,
    42  the  governor  and  the legislature concerning existing laws, rules, and
    43  regulations related to the long term vitality  and  development  of  the
    44  commercial fishing industry within the state;
    45    (f) To promote the development of inter-governmental cooperation among
    46  agencies of the federal, state and local governments including the state
    47  department  of  economic  development  and  foster  cooperation  between
    48  private industry and government so as to assure the long  term  vitality
    49  of the commercial fishing industry;
    50    (g)  To  assist  the department in obtaining information necessary for
    51  the development and improvement of state policies and programs affecting
    52  the commercial fishing industry in the state;
    53    (h) To advise in the administration of  the  commercial  fishing  jobs
    54  program created pursuant to section 407 of the economic development law,
    55  under the jurisdiction of the state department of economic development.
        S. 4248                             3                            A. 5193
     1    4.  The department shall provide necessary technical and staff assist-
     2  ance to the commercial fishing advocate.
     3    §  3.  The economic development law is amended by adding a new article
     4  18-A to read as follows:
     5                                ARTICLE 18-A
     6                 COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM
     7  Section 407. Commercial fishing jobs development program.
     8    § 407. Commercial fishing jobs development program.  There  is  hereby
     9  created  a  commercial fishing jobs development program under the juris-
    10  diction of the department of economic development, with  the  advice  of
    11  the  commercial  fishing  advocate established by section 13-0351 of the
    12  environmental conservation law. The purpose of the program shall  be  to
    13  target and promote:
    14    1.  marine  resources  development  in  ways  which  are  economically
    15  sustainable, environmentally sound, and promotes the long-term health of
    16  fisheries resources and habitat;
    17    2. public awareness and understanding of the  economic,  cultural  and
    18  environmental importance of New York's commercial fishing industry;
    19    3.  the development, retention, diversification and long-term vitality
    20  of the commercial fishing resources industry in ways that  will  enhance
    21  related  efforts  of  federal,  state  and  local agencies, commissions,
    22  committees, associations, trade groups and manufacturers;
    23    4. electronic and other information shared related to  the  commercial
    24  fishing industry;
    25    5.  the  development  of  financing  mechanisms for the establishment,
    26  retention, diversification and  long-term  vitality  of  the  commercial
    27  fishing industry;
    28    6.  increased  consumer  awareness of the commercial fishing industry,
    29  its products and services. Further, to act as a liaison between  consum-
    30  ers, industry, state and federal agencies, and other stakeholders;
    31    7.  demonstration  projects which would improve business profitability
    32  and long-term sustainability; and
    33    8. the review of any regulatory barriers which may impede the develop-
    34  ment, retention, diversification or long-term vitality of the commercial
    35  fishing industry.
    36    § 4. Assistance of other state agencies. To effectuate the purposes of
    37  this act, the advocate may request and shall be entitled to receive from
    38  any state agency, and the same are authorized to  provide  such  assist-
    39  ance,  service, facilities and data as will enable the advocate to carry
    40  out the functions, powers and duties provided by this article. The advo-
    41  cate may enter into cooperative agreements with other government offices
    42  to efficiently carry out its work.
    43    § 5. Nothing contained in this act shall be deemed to detract  in  any
    44  way  from  the  functions,  powers  or  duties  prescribed by law of any
    45  department of the state or to interrupt or preclude the direct relation-
    46  ship of any such department or agency with other  agencies,  individuals
    47  or  corporations  for  the  carrying  out  of  its functions, powers and
    48  duties.
    49    § 6. Severability. If any provision of this  act  or  the  application
    50  thereof  shall  for  any  reason  be  adjudged by any court of competent
    51  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
    52  invalidate the remainder of this act, but shall be confined in its oper-
    53  ation  to  the provision thereof directly involved in the controversy in
    54  which the judgment shall have been rendered.
    55    § 7. This act shall take effect immediately.