senate Bill S2195

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

  • 14 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

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:
A4619
Versions:
S2195
Legislative Cycle:
2013-2014
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 6 §§100 -103, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S768A, A7461A
2009-2010: S2438A
2007-2008: S5680

Sponsor Memo

BILL NUMBER:S2195

TITLE OF BILL: An act to amend the environmental conservation law and
the agriculture and markets law, in relation to the regulation of aqua-
culture; 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 regu-
late 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 one of the top industries in New York
State, returning over $3 billion dollars to the farm economy, and agri-
culture products, such as domestically raised fish, continue to contrib-
ute 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 aquaculture generated $20
million in farm-gate sales. In order to foster the economic opportu-
nities 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 its potential for
increased revenue, job production, and technological advancement, bring-
ing New York to the forefront of leadership in this burgeoning agricul-
tural industry.

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

PRIOR LEGISLATIVE HISTORY: 2011,2012: S.748/A.7461-A Referred to Envi-
ronmental Conservation 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
________________________________________________________________________

                                  2195

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

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]  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06498-01-3

S. 2195                             2

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 6 to read as follows:
                                ARTICLE 6
                        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
STATE.
  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-
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 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
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  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-
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. 2195                             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 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.

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