S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3377
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred 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 REPEALED.
   § 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.
   § 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
 11-1911 or in  a  fishing  preserve  licensed  as  provided  in  section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05930-01-7

 A. 3377                             2
 
 11-1913;  (c)  the sale or taking for sale of bait fish named in section
 11-1315.
   §  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.
   § 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.
   § 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.
   § 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.
   §  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
 CHAIRMAN  AND VICE CHAIRMAN FROM AMONG HIS APPOINTEES.  VACANCIES IN THE

 A. 3377                             3
 
 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.
   § 5. This act shall take effect immediately.