Senate Bill S6583

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6583
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 7, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  a  marine  fisheries licensing task force; and providing
   for the repeal of such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative Findings. New York state's commercial fishing
 industry is an important sector of the New York state economy.  The  New
 York  state  commercial fishing industry generates more than $40 million
 in revenue. New York state is fifth in the nation in terms of  jobs  and
 sales generated by the seafood industry.
   The  contribution  of  the  commercial fishing industry to the state's
 economy has been hindered by an outdated and antiquated licensing proce-
 dure which has failed to address the current  needs  of  the  commercial
 fishing  industry.  The  current law has been extended largely unchanged
 for decades. This statute is archaic and  has  worked  to  unnecessarily
 injure  the  commercial  fishing  in New York state. It has been a major
 culprit thwarting the growth of this vital part of the  New  York  state
 economy.
   The  adverse  impact has been recognized by the department of environ-
 mental conservation. In 2017, the department requested a 3  year  exten-
 sion  of  New  York  state's limited entry, commercial fishing licensing
 law. The legislature objected to the 3 year  extension  because  of  the
 adverse  impact  the  law was having on the commercial fishing industry.
 The legislature recognized that action to reform the commercial  fishing
 licensing  statute needed to be taken with all deliberate speed.  Conse-
 quently, only a 1 year extension was granted through 2018.
   As part of the enactment of  the  1  year  extension,  the  department
 agreed to meet with the commercial fishing industry to discuss licensing

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11098-01-1
              

 S. 6583                             2
 
 reform.  That  meeting took place in the fall of 2017. At that time, the
 department agreed to undertake a review of the licensing law.
   In  spring  2018,  a  consultant was hired by the department to assist
 with the review. In the summer of 2018, public meetings were  held  with
 the  commercial  fishing  industry throughout the marine district to get
 the industry's input on licensing reform. In 2019 with this report still
 pending, the state legislature agreed to extend the current  law  for  2
 additional  years  through  the end of 2020, to permit the completion of
 the department's report on licensing reform. In  July  2019,  the  draft
 report  was finally issued. In August, public meetings were conducted to
 present the report.
   However, to date, no final report has been issued by  the  department.
 By  chapter  58  of  the  laws  of  2020, the current commercial fishing
 licensing statute was again extended for another year.
   It is now imperative that after  almost  four  years  of  review  that
 legislative action be taken to reform and modernize the commercial fish-
 ing licensing law with the input of the commercial fishing industry.  It
 is the purpose of this law to establish a task force from members of the
 industry under the department to finish this review and make recommenda-
 tions to the legislature for enactment.
   This  act will utilize the work already accomplished regarding commer-
 cial fishing licensing and finalize recommendations for  action  by  the
 legislature.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 13-0328-a to read as follows:
 § 13-0328-A. MARINE FISHERIES LICENSING TASK FORCE.
   1. CREATION OF MARINE FISHERIES LICENSING  TASK  FORCE.  A.  THERE  IS
 HEREBY  CREATED  WITHIN THE DEPARTMENT A MARINE FISHERIES LICENSING TASK
 FORCE TO MAKE RECOMMENDATIONS FOR  PROPOSED  LAWS  AND  REGULATIONS  FOR
 COMMERCIAL  LICENSING  OF THE MARINE FISHERIES. SUCH TASK FORCE SHALL BE
 COMPOSED OF THIRTEEN MEMBERS NONE OF WHOM  SHALL  BE  EMPLOYEES  OF  THE
 DEPARTMENT.  THREE COUNCIL MEMBERS REPRESENTATIVE OF COMMERCIAL USERS OF
 MARINE  RESOURCES  SHALL  BE  DESIGNATED  BY  THE MAJORITY LEADER OF THE
 SENATE AND THREE COUNCIL MEMBERS REPRESENTATIVE OF COMMERCIAL  USERS  OF
 MARINE  RESOURCES  SHALL  BE  DESIGNATED BY THE SPEAKER OF THE ASSEMBLY.
 SIX  COUNCIL  MEMBERS  REPRESENTATIVE  OF  COMMERCIAL  USERS  OF  MARINE
 RESOURCES  SHALL  BE  DESIGNATED BY THE GOVERNOR. ONE MEMBER WILL BE THE
 DIRECTOR OF THE MARINE SCIENCES RESEARCH CENTER AT SUNY STONY  BROOK  OR
 THE DIRECTOR'S DESIGNEE, WHO SHALL ACT AS CHAIR.
   B.  OF THE MEMBERS APPOINTED, ALL SHALL BE RESIDENTS OF A COUNTY WHICH
 BORDERS THE MARINE AND COASTAL DISTRICT. THE COUNCIL SHALL BE  REPRESEN-
 TATIVE  OF INDIVIDUAL AND ORGANIZED COMMERCIAL SHELLFISHING AND FINFISH-
 ING INTERESTS IN THE STATE. APPOINTMENTS TO THE TASK FORCE SHALL BE MADE
 NO LATER THAN THIRTY DAYS AFTER THE DATE ON  WHICH  THIS  SECTION  SHALL
 HAVE BECOME A LAW. PERSONS DESIGNATED OR APPOINTED TO THE ADVISORY COUN-
 CIL  SHALL  HAVE  DEMONSTRATED  A  LONG-STANDING INTEREST, KNOWLEDGE AND
 EXPERIENCE IN COMMERCIAL OR RECREATIONAL HARVESTING OF MARINE RESOURCES.
   2. REPORT. THE TASK FORCE SHALL MAKE A REPORT TO THE  LEGISLATURE  AND
 GOVERNOR  RECOMMENDING  LEGISLATIVE AND REGULATORY REFORM OF THE COMMER-
 CIAL FISHING LICENSING, NO LATER THAN APRIL 1, 2022. SUCH  REPORT  SHALL
 INCLUDE SPECIFIC LEGISLATION AND REGULATIONS, IF NECESSARY, TO IMPLEMENT
 THE REPORT.
   3. MEETING. THE TASK FORCE SHALL MEET PUBLICLY A MINIMUM OF FOUR TIMES
 BEFORE ADOPTING A REPORT.
   4. ISSUES. THE TASK FORCE SHALL CONSIDER, BUT SHALL NOT BE LIMITED TO,
 THE FOLLOWING ISSUES IN MAKING ITS REPORT:

 S. 6583                             3
 
   A. ESTABLISHMENT OF GOALS FOR LICENSING REFORMS;
   B. THE DEFINITION OF A COMMERCIAL FISHERMAN;
   C. ACCESS TO THE MARINE FISHERIES;
   D.  THE NUMBER OF COMMERCIAL LICENSES REQUIRED TO SUSTAIN THE RESOURCE
 AND THE COMMERCIAL FISHING INDUSTRY;
   E. LATENT LICENSES, INCLUDING THE BUYBACK OF SUCH LICENSES;
   F. LICENSE QUALIFICATIONS;
   G. LICENSE TRANSFERS;
   H. LICENSE SELECTION PROCESS;
   I. NEW ENTRANTS TO THE MARINE FISHERIES;
   J. MEDICAL WAIVERS;
   K. LICENSE FEES;
   L. APPRENTICESHIP PROGRAMS; AND
   M. FUNDING TO IMPLEMENT LICENSING REFORMS.
   5. STATE ASSISTANCE. THE COMMISSIONER SHALL MAKE ANY AND ALL DOCUMENTS
 READILY AVAILABLE TO THE TASK FORCE WHICH THE TASK FORCE  INDICATES  ARE
 NEEDED  TO  PROPERLY  AND THOROUGHLY CARRY OUT ITS RESPONSIBILITIES. THE
 COMMISSIONER SHALL ALSO MAKE  AVAILABLE  TO  THE  TASK  FORCE  SUCH  AID
 REASONABLY NECESSARY TO ALLOW THE TASK FORCE TO CARRY OUT ITS DUTIES AND
 RESPONSIBILITIES.
   §  3.  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 such judgment shall have been rendered.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2022.