senate Bill S768

Amended

Provides for the regulation of aquaculture for the purpose of developing fish-farming businesses as an alternative cash crop for farms across the state; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 25 / Jan / 2012
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 25 / Jan / 2012
    • PRINT NUMBER 768A

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A7461
Versions:
S768
S768A
Legislative Cycle:
2011-2012
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Rpld §11-1909, amd §§11-1319 & 11-1501, En Con L; add Art 5-E §§96-z-40 - 96-z-43, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2438A
2007-2008: S5680

Sponsor Memo

BILL NUMBER:S768

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To change the regulatory authority
over farm raised fish from the Department of Environmental
Conservation to the Department of Agriculture and Markets in an
effort to better regulate and promote this aspect of agriculture.

SUMMARY OF SPECIFIC PROVISIONS:
Section one repeals Section 11-1909 of
the Environmental Conservation Law.
Section two amends section 11-1319 of the Environmental Conservation
Law.
Sections three and four amend the Agriculture and Markets Law by
authorizing the Department of Agriculture and Markets to regulate
trout and black bass hatcheries.
Section five is the effective date.

JUSTIFICATION:
Agriculture is the number one industry in New York
State, returning over $3 billion dollars to the farm economy, and
agriculture products, such as domestically raised fish, continue to
contribute significantly to that industry-wide value.

According to the New York State Aquaculture Society, in 2007, 154 fish
farms generated $16,267,169 in sales statewide. The Cornell
Cooperative Extension reported in the same year that acquaculture
generated $20 million in farm-gate sales. In order to foster the
economic opportunities and best utilize this innovative technology,
state agencies are increasing state investment for fish farming. In
2009, the Division of Housing and Community Renewal awarded a
$175,000 grant for the construction of a Columbia county fish farm.
In 2010 the New York State Energy Research and Development Agency
awarded a $400,000 grant to SUNY Morrisville for a combination
fish-farming and hydroponics project. SUNY Morrisville's innovative
technology has the potential to generate $400 to $600 million
annually in the future according to NYSERDA.

Through effective regulation this industry can realize it.s potential
for increased revenue, job production, and technological advancement,
bringing New York to the forefront of leadership in this burgeoning
agricultural industry.

This legislation will give oversight jurisdiction of this sub-industry
of agriculture to the State Department of Agriculture which is the
agency best suited to oversee it given its experience in other
agricultural industries.

PRIOR LEGISLATIVE HISTORY:


2009-2010: S.2438-A Referred to Environmental Conservation
2007-2008: S.5680 Referred to Environmental Conservation
2006: S.7774/A.8537 Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Effective immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   768

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

  Section 1. Section 11-1909 of the environmental  conservation  law  is
REPEALED.
  S  2.  Paragraph a of subdivision 1 of section 11-1319 of the environ-
mental conservation law, as amended by chapter 193 of the laws of  1992,
is amended to read as follows:
  a.  This  section  governs  possession, transportation and sale of all
fish taken in waters of the state,  including  the  marine  and  coastal
district  except  (1)  trout and black bass raised under permit from the
department and identified as provided in section  [11-1909]  96-Z-41  OF
THE  AGRICULTURE  AND  MARKETS LAW, (2) fish taken from a farm fish pond
licensed as provided  in  section  11-1911,  and  (3)  fish  taken  from
licensed fishing preserve waters as provided in section 11-1913.
  S  3.  Subdivision 1 of section 11-1501 of the environmental conserva-
tion law, as amended by chapter 193 of the laws of 1992, is  amended  to
read as follows:
  1.  This title 15 of the Fish and Wildlife Law and regulations adopted
pursuant hereto do not apply to (a) the taking of  fish  by  angling  as
permitted  in title 13; (b) the taking of fish or the use of nets in the
marine and coastal district as defined in section 13-0103, or in a trout
or black bass hatchery operated under  permit  from  the  department  as
provided  in  section  [11-1909]  96-Z-41 OF THE AGRICULTURE AND MARKETS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03432-01-1

S. 768                              2

LAW, or in a farm fish pond licensed as provided in section  11-1911  or
in  a  fishing preserve licensed as provided in section 11-1913; (c) the
sale or taking for sale of bait fish named in section 11-1315.
  S  4. The agriculture and markets law is amended by adding a new arti-
cle 5-E to read as follows:
                               ARTICLE 5-E
                        REGULATION OF AQUACULTURE
SECTION 96-Z-40. LEGISLATIVE INTENT.
        96-Z-41. PRIVATE TROUT AND BLACK BASS HATCHERIES.
        96-Z-42. EXAMINATION OF REGULATORY POLICIES.
        96-Z-43. AQUACULTURE TASK FORCE.
  S 96-Z-40. LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DECLARES THAT
AQUACULTURE IS AMONG THE FASTEST GROWING SEGMENTS OF THE GLOBAL AGRICUL-
TURE MARKETS, WITH NEW YORK'S FISH-FARMING INDUSTRY SUPPLYING FISH TO  A
VARIETY  OF  MARKETS, AND THAT THIS BODY SHOULD SEEK WAYS TO DEVELOP THE
FISH-FARMING BUSINESS AS AN ALTERNATIVE CASH CROP FOR FARMS  ACROSS  THE
STATE.
  S  96-Z-41. PRIVATE TROUT AND BLACK BASS HATCHERIES. 1. THE DEPARTMENT
IN ITS DISCRETION MAY ISSUE TO  ANY  PERSON  A  HATCHERY  PERMIT,  VALID
DURING  THE  CALENDAR YEAR OF ISSUE, TO PROPAGATE, RAISE AND SELL TROUT.
THE DEPARTMENT SHALL ESTABLISH BY ORDER REGULATIONS GOVERNING THE  IDEN-
TIFICATION AND TRANSPORTATION OF TROUT RAISED UNDER SUCH A PERMIT, OTHER
THAN  BY  INDIVIDUAL TAGGING, WHICH ARE OFFERED FOR SALE, SOLD OR TRANS-
PORTED.
  2. THE DEPARTMENT IN ITS DISCRETION MAY ISSUE TO ANY PERSON A HATCHERY
PERMIT, VALID DURING THE CALENDAR YEAR OF ISSUE, TO PROPAGATE, RAISE AND
SELL BLACK BASS. THE DEPARTMENT SHALL  ESTABLISH  BY  ORDER  REGULATIONS
GOVERNING  THE  IDENTIFICATION  AND  TRANSPORTATION OF BLACK BASS RAISED
UNDER SUCH A PERMIT, OTHER THAN BY INDIVIDUAL TAGGING, WHICH ARE OFFERED
FOR SALE, SOLD OR TRANSPORTED.
  S 96-Z-42. EXAMINATION OF REGULATORY POLICIES. IN ORDER TO ACHIEVE THE
GOALS SET FORTH IN SECTION 96-Z-40 OF  THIS  ARTICLE,  THE  STATE  SHALL
EXAMINE  AVAILABLE  REGULATORY AND POLICY CHANGES THAT WOULD IMPROVE THE
PROFITABILITY OF AQUACULTURE IN NEW YORK AND ADOPT ONLY POLICIES THAT:
  1. ALLOW FOR THE SALE OF LIVE FISH TO  DOMESTIC  MARKETS  LEGALLY  AND
SAFELY;
  2. ARE NOT OVERLY BURDENSOME TO THE OPERATOR OF AN AQUACULTURE FACILI-
TY; AND
  3.  DO NOT REQUIRE INDIVIDUAL IDENTIFICATION OR TAGGING AS A METHOD OF
TRACKING DOMESTICALLY-RAISED FISH.
  S 96-Z-43. AQUACULTURE TASK FORCE. 1. AN  AQUACULTURE  TASK  FORCE  IS
HEREBY  CREATED  TO CONDUCT THE EXAMINATION DESCRIBED IN SECTION 96-Z-42
OF THIS ARTICLE AND DETERMINE THE VIABILITY  OF  ADOPTING  A  REGULATORY
SYSTEM  WITH PROMOTION AND PROTECTION OF THE AQUACULTURE INDUSTRY AS ITS
GOAL FOR THE STATE.
  2. THE TASK FORCE SHALL CONSIST OF TEN MEMBERS, EACH TO  SERVE  FOR  A
TERM OF TWO YEARS, TO BE APPOINTED AS FOLLOWS: ONE SHALL BE APPOINTED BY
THE  TEMPORARY PRESIDENT OF THE SENATE AND ONE BY THE MINORITY LEADER OF
THE SENATE; ONE SHALL BE APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY  AND
ONE  BY  THE MINORITY LEADER OF THE ASSEMBLY; AND SIX SHALL BE APPOINTED
BY THE GOVERNOR.  THE APPOINTEES SHALL BE BROADLY REPRESENTATIVE OF  THE
GEOGRAPHIC  AREAS  OF THE STATE AND INCLUDE REPRESENTATIVES OF THE AQUA-
CULTURE INDUSTRY, ETHNIC POPULATION AND LOCAL GOVERNMENT AND THE  PUBLIC
AT  LARGE.   NO MORE THAN FOUR APPOINTEES SHALL BE LEGISLATORS.  COMMIS-
SIONERS OF THE DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL  CONSERVA-
TION  SHALL  BE  EX-OFFICIO  MEMBERS.   THE GOVERNOR SHALL DESIGNATE THE

S. 768                              3

CHAIRMAN AND VICE CHAIRMAN FROM AMONG HIS APPOINTEES.  VACANCIES IN  THE
MEMBERSHIP  OF  THE COMMISSION AND AMONG ITS OFFICERS SHALL BE FILLED IN
THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
  3.  THE TASK FORCE MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR
COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
  4. THE TASK FORCE MAY MEET WITHIN AND WITHOUT THE STATE AND SHALL HOLD
PUBLIC HEARINGS, AND SHALL HAVE ALL THE POWERS OF A LEGISLATIVE  COMMIT-
TEE PURSUANT TO THE LEGISLATIVE LAW.
  5.  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
  6. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO
REQUEST AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH  FACILI-
TIES,  RESOURCES,  AND  DATA  OF ANY COURT, DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL  SUBDIVISION
THEREOF  AS  IT  MAY REASONABLY REQUEST TO CARRY OUT PROPERLY ITS POWERS
AND DUTIES HEREUNDER.
  7. THE  APPOINTING  AUTHORITIES  SHALL  APPOINT  THE  MEMBERS  OF  THE
SUSTAINABLE  DEVELOPMENT  TASK  FORCE ON OR BEFORE NINETY DAYS AFTER THE
EFFECTIVE DATE OF THIS SECTION AND THE  TASK  FORCE  SHALL  CONVENE  ITS
FIRST MEETING ON OR BEFORE SIXTY DAYS THEREAFTER.
  8.  THE TASK FORCE SHALL MAKE A PRELIMINARY REPORT TO THE GOVERNOR AND
THE LEGISLATURE OF ITS FINDINGS,  CONCLUSIONS,  AND  RECOMMENDATIONS  BY
APRIL  FIRST,  TWO  THOUSAND  TWELVE AND A FINAL REPORT OF ITS FINDINGS,
CONCLUSIONS, AND RECOMMENDATIONS NOT LATER THAN  DECEMBER  THIRTY-FIRST,
TWO  THOUSAND TWELVE, AND SHALL SUBMIT WITH ITS REPORTS SUCH LEGISLATIVE
PROPOSALS AS IT DEEMS NECESSARY TO IMPLEMENT ITS RECOMMENDATIONS.
  S 5. This act shall take effect immediately.

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