S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
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 -- recommitted to the Committee on Environmental Conser-
vation in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
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] ONE HUNDRED
ONE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 768--A 2
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] ONE HUNDRED ONE OF THE AGRICULTURE AND
MARKETS 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
S 4. The agriculture and markets law is amended by adding a new arti-
cle 6 to read as follows:
REGULATION OF AQUACULTURE
SECTION 100. LEGISLATIVE INTENT.
101. PRIVATE TROUT AND BLACK BASS HATCHERIES.
102. EXAMINATION OF REGULATORY POLICIES.
103. AQUACULTURE TASK FORCE.
S 100. 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
S 101. 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 IDENTIFI-
CATION AND TRANSPORTATION OF TROUT RAISED UNDER SUCH A PERMIT, OTHER
THAN BY INDIVIDUAL TAGGING, WHICH ARE OFFERED FOR SALE, SOLD OR TRANS-
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 102. EXAMINATION OF REGULATORY POLICIES. IN ORDER TO ACHIEVE THE
GOALS SET FORTH IN SECTION ONE HUNDRED 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
2. ARE NOT OVERLY BURDENSOME TO THE OPERATOR OF AN AQUACULTURE FACILI-
3. DO NOT REQUIRE INDIVIDUAL IDENTIFICATION OR TAGGING AS A METHOD OF
TRACKING DOMESTICALLY-RAISED FISH.
S 103. AQUACULTURE TASK FORCE. 1. AN AQUACULTURE TASK FORCE IS HEREBY
CREATED TO CONDUCT THE EXAMINATION DESCRIBED IN SECTION ONE HUNDRED TWO
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-
S. 768--A 3
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
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 PURSUANT TO THIS ARTICLE.
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 PURSUANT TO THIS ARTICLE.
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 OF THE CALENDAR YEAR NEXT SUCCEEDING THE CALENDAR YEAR IN
WHICH THIS ARTICLE TOOK EFFECT AND A FINAL REPORT OF ITS FINDINGS,
CONCLUSIONS, AND RECOMMENDATIONS NOT LATER THAN DECEMBER THIRTY-FIRST OF
THE CALENDAR YEAR NEXT SUCCEEDING THE CALENDAR YEAR IN WHICH THIS ARTI-
CLE TOOK EFFECT, 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.