S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3069
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       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    2  REPEALED.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    S  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    S  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.
                                                                  LBD05954-01-5
       S. 3069                             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    S  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    S 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    S 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    S 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    S  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  THE
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    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    S 5. This act shall take effect immediately.