NY State Senate Bill 2019-S1036

Senate Bill S1036

2019-2020 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2019	referred to environmental conservation

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2019-S1036 (ACTIVE) - Details

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 Other Legislative Sessions:: 2009-2010: S2438
2011-2012: S768
2013-2014: S2195
2015-2016: S3069
2017-2018: S831

2019-S1036 (ACTIVE) - 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.

2019-S1036 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1036

SPONSOR: YOUNG
 
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 Agricul-
ture 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 subdivision 1 of section 11-1319 of the Environ-

mental 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 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 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.
SONY 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,
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 agen-
cy best suited to oversee it given its experience in other agricultural
industries.

 
PRIOR LEGISLATIVE HISTORY:

2017,2018: S.831/A.3377 Referred to Environmental Conservation

2015,2016: S.3069/A.4320 Referred to Environmental Conservation

2013,2014: S.2195/A.4619 Referred to Environmental Conservation

2011,2012: S.768-A/A.7461-A Referred to Environmental 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.

2019-S1036 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1036
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03938-01-9

 S. 1036                             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.
   §  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

 S. 1036                             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.
   § 5. This act shall take effect immediately.

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Senate Bill S1036

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Sponsored By

Catharine Young