S T A T E   O F   N E W   Y O R K
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     S. 3726                                                  A. 5519
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  and  when  printed  to be committed to the Committee on Commerce,
   Economic Development and Small Business
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to the Committee on Environmental Conservation

 AN  ACT  to  amend  the  economic  development  law,  in relation to the
   creation of a commercial fishing  jobs  development  program;  and  to
   amend  the  environmental  conservation law, in relation to the estab-
   lishment of a commercial  fishing  industry  advocate  to  assist  the
   marine resources advisory council in performing its duties with regard
   to the state's commercial fishing industry
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature finds  and
 determines  that  the  state's  commercial  fishing industry consists of
 hundreds of small family-owned businesses across the state that  collec-
 tively play a key role in the continuing economic growth and vitality of
 the  state.  The  legislature  further finds that the commercial fishing
 industry presents economic development opportunities that could  promote
 growth  thereby enhancing the well-being of these small business employ-
 ers and employees in fish processing, retail markets,  restaurants,  and
 other  commercial  fishing  related businesses, as well as promoting the
 economic well-being of fishing families throughout the state through job
 creation and  job  retention.  The  commercial  fishing  industry  needs
 assistance  to  promote  the  interests  of the small businesses in this
 industry and to help navigate the federal and state regulatory  require-
 ments  that  oversee the industry. The state commercial fishing industry
 will be enhanced by the creation of a commercial  fishing  advocate  and
 the establishment of a jobs development program for the commercial fish-
 ing  industry  that  promotes long-term economic health and abundance of
 fisheries resources and habitats.
   § 2. The economic development law is amended by adding a  new  article
 23 to read as follows:
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03255-01-9

 S. 3726                             2                            A. 5519
 
                                ARTICLE 23
                COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM
 SECTION 450. COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM.
   §  450.  COMMERCIAL  FISHING JOBS DEVELOPMENT PROGRAM. THERE IS HEREBY
 CREATED A COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM UNDER  THE  JURIS-
 DICTION  OF  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT, WITH THE ADVICE OF
 THE COMMERCIAL FISHING ADVOCATE ESTABLISHED BY SECTION  13-0351  OF  THE
 ENVIRONMENTAL  CONSERVATION  LAW. THE PURPOSE OF THE PROGRAM SHALL BE TO
 TARGET AND PROMOTE:
   1.  MARINE  RESOURCES  DEVELOPMENT  IN  WAYS  WHICH  ARE  ECONOMICALLY
 SUSTAINABLE, ENVIRONMENTALLY SOUND, AND PROMOTES THE LONG-TERM HEALTH OF
 FISHERIES RESOURCES AND HABITAT;
   2.  PUBLIC  AWARENESS  AND UNDERSTANDING OF THE ECONOMIC, CULTURAL AND
 ENVIRONMENTAL IMPORTANCE OF NEW YORK'S COMMERCIAL FISHING INDUSTRY;
   3. THE DEVELOPMENT, RETENTION, DIVERSIFICATION AND LONG-TERM  VITALITY
 OF  THE  COMMERCIAL FISHING RESOURCES INDUSTRY IN WAYS THAT WILL ENHANCE
 RELATED EFFORTS OF  FEDERAL,  STATE  AND  LOCAL  AGENCIES,  COMMISSIONS,
 COMMITTEES, ASSOCIATIONS, TRADE GROUPS AND MANUFACTURERS;
   4.  ELECTRONIC  AND OTHER INFORMATION SHARED RELATED TO THE COMMERCIAL
 FISHING INDUSTRY;
   5. THE DEVELOPMENT OF  FINANCING  MECHANISMS  FOR  THE  ESTABLISHMENT,
 RETENTION,  DIVERSIFICATION  AND  LONG-TERM  VITALITY  OF THE COMMERCIAL
 FISHING INDUSTRY;
   6. INCREASED CONSUMER AWARENESS OF THE  COMMERCIAL  FISHING  INDUSTRY,
 ITS  PRODUCTS AND SERVICES. FURTHER, TO ACT AS A LIAISON BETWEEN CONSUM-
 ERS, INDUSTRY, STATE AND FEDERAL AGENCIES, AND OTHER STAKEHOLDERS;
   7. DEMONSTRATION PROJECTS WHICH WOULD IMPROVE  BUSINESS  PROFITABILITY
 AND LONG-TERM SUSTAINABILITY; AND
   8. THE REVIEW OF ANY REGULATORY BARRIERS WHICH MAY IMPEDE THE DEVELOP-
 MENT, RETENTION, DIVERSIFICATION OR LONG-TERM VITALITY OF THE COMMERCIAL
 FISHING INDUSTRY.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 13-0351 to read as follows:
 § 13-0351. COMMERCIAL FISHING ADVOCATE.
   1. THERE  IS  HEREBY  ESTABLISHED  IN  THE  DEPARTMENT,  UNDER  MARINE
 RESOURCES  ADVISORY COUNCIL ESTABLISHED BY SECTION 13-0350 OF THIS ARTI-
 CLE, THE STATE COMMERCIAL FISHING ADVOCATE TO PROVIDE EXPERTISE  TO  THE
 COUNCIL  WITH  REGARD TO THE COMMERCIAL FISHING INDUSTRY. THE COMMERCIAL
 FISHING ADVOCATE SHALL  POSSESS  KNOWLEDGE  AND  EXPERIENCE  IN  MATTERS
 AFFECTING  THE  COMMERCIAL FISHING INDUSTRY, INCLUDING THE IMPORTANCE OF
 MARINE FISHERIES MANAGEMENT AND  CONSERVATION  ROLES  IN  THE  LONG-TERM
 VITALITY  OF  THE  INDUSTRY, AND SHALL BE RESPONSIBLE FOR EXERCISING ALL
 THE POWERS GRANTED  BY  THIS  SECTION,  INCLUDING  ADVISING  THE  MARINE
 RESOURCES  ADVISORY  COUNCIL AND THE COMMISSIONER ON MATTERS RELATING TO
 THE COMMERCIAL FISHING INDUSTRY.  IN  ADDITION  THE  COMMERCIAL  FISHING
 ADVOCATE SHALL CONSULT WITH THE STATE DEPARTMENT OF ECONOMIC DEVELOPMENT
 WITH  REGARD  TO THE COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM AUTHOR-
 IZED BY SECTION 450 OF THE ECONOMIC DEVELOPMENT LAW.
   2. THE ADVOCATE SHALL ADVISE THE MARINE RESOURCES ADVISORY COUNCIL AND
 COMMISSIONER ON MATTERS CONCERNING COMMERCIAL FISHING AND SHALL SERVE AS
 LIAISON BETWEEN THE STATE'S COMMERCIAL FISHING INDUSTRY AND  THE  MARINE
 RESOURCES  ADVISORY  COUNCIL  AND  THE  COMMISSIONER WITH RESPECT TO THE
 DESIGN AND IMPLEMENTATION OF THE STATE'S POLICIES AND PROGRAMS  RELATING
 TO COMMERCIAL FISHING IN A MANNER THAT SUPPORTS THE LONG-TERM HEALTH AND
 ABUNDANCE OF FISHERIES RESOURCES AND MANAGEMENT.
   3. IN ADDITION, THE ADVOCATE SHALL HAVE THE FOLLOWING POWERS:

 S. 3726                             3                            A. 5519
 
   (A)  TO  IDENTIFY  AND  REVIEW  COMMERCIAL  FISHING RELATED ISSUES AND
 CURRENT STATE POLICIES AND PROGRAMS WHICH EFFECT THE COMMERCIAL  FISHING
 INDUSTRY IN THE STATE;
   (B) TO ADVISE THE STATE DEPARTMENT OF ECONOMIC DEVELOPMENT OF ALTERNA-
 TIVE USES FOR COMMERCIAL FISHING VESSELS, SUCH AS TOURISM AND OTHER USES
 AND SERVICES IN THE STATE;
   (C)  TO  ADVISE THE MARINE RESOURCES ADVISORY COUNCIL, DEPARTMENT, AND
 STATE DEPARTMENT OF ECONOMIC DEVELOPMENT IN THE DEVELOPMENT  AND  IMPLE-
 MENTATION  OF THE STATE'S MARKETING AND BUSINESS DEVELOPMENT PROGRAM FOR
 THE COMMERCIAL FISHING INDUSTRY,  INCLUDING  LONG-RANGE  STRATEGIES  FOR
 PROMOTING  THE  INDUSTRY  IN  AN  ECONOMICALLY  SUSTAINABLE AND ENVIRON-
 MENTALLY SOUND MANNER THAT SUPPORTS LONG-TERM VITALITY OF THE INDUSTRY;
   (D) TO ADVISE THE MARINE RESOURCES ADVISORY COUNCIL, DEPARTMENT, STATE
 DEPARTMENT OF ECONOMICAL DEVELOPMENT, THE GOVERNOR AND  THE  LEGISLATURE
 CONCERNING  RECOMMENDED  LEGISLATION NECESSARY TO FOSTER AND PROMOTE THE
 LONG-TERM VITALITY AND DEVELOPMENT OF THE  COMMERCIAL  FISHING  INDUSTRY
 WITHIN THE STATE;
   (E)  TO  ADVISE THE MARINE RESOURCES ADVISORY COUNCIL, THE DEPARTMENT,
 THE GOVERNOR AND THE LEGISLATURE CONCERNING EXISTING  LAWS,  RULES,  AND
 REGULATIONS  RELATED  TO  THE  LONG TERM VITALITY AND DEVELOPMENT OF THE
 COMMERCIAL FISHING INDUSTRY WITHIN THE STATE;
   (F) TO PROMOTE THE DEVELOPMENT OF INTER-GOVERNMENTAL COOPERATION AMONG
 AGENCIES OF THE FEDERAL, STATE AND LOCAL GOVERNMENTS INCLUDING THE STATE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  AND  FOSTER  COOPERATION  BETWEEN
 PRIVATE  INDUSTRY  AND GOVERNMENT SO AS TO ASSURE THE LONG TERM VITALITY
 OF THE COMMERCIAL FISHING INDUSTRY;
   (G) TO ASSIST THE DEPARTMENT IN OBTAINING  INFORMATION  NECESSARY  FOR
 THE DEVELOPMENT AND IMPROVEMENT OF STATE POLICIES AND PROGRAMS AFFECTING
 THE COMMERCIAL FISHING INDUSTRY IN THE STATE;
   (H)  TO  ADVISE  IN  THE ADMINISTRATION OF THE COMMERCIAL FISHING JOBS
 PROGRAM CREATED PURSUANT TO SECTION 450 OF THE ECONOMIC DEVELOPMENT LAW,
 UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   4. THE DEPARTMENT SHALL PROVIDE NECESSARY TECHNICAL AND STAFF  ASSIST-
 ANCE TO THE COMMERCIAL FISHING ADVOCATE.
   § 4. Assistance of other state agencies. To effectuate the purposes of
 this act, the advocate may request and shall be entitled to receive from
 any  state  agency,  and the same are authorized to provide such assist-
 ance, service, facilities and data as will enable the advocate to  carry
 out  the functions, powers and duties provided by this act. The advocate
 may enter into cooperative agreements with other government  offices  to
 efficiently carry out its work.
   §  5.  Nothing contained in this act shall be deemed to detract in any
 way from the functions, powers  or  duties  prescribed  by  law  of  any
 department of the state or to interrupt or preclude the direct relation-
 ship  of  any such department or agency with other agencies, individuals
 or corporations for the  carrying  out  of  its  functions,  powers  and
 duties.
   §  6.  Severability.  If  any provision of this act or the application
 thereof shall for any reason be  adjudged  by  any  court  of  competent
 jurisdiction  to  be  invalid, such judgment shall not affect, impair or
 invalidate the remainder of this act, but shall be confined in its oper-
 ation to the provision thereof directly involved in the  controversy  in
 which the judgment shall have been rendered.
   § 7. This act shall take effect immediately.