§ 13-0350. Marine resources advisory council.

1. Legislative intent. The legislature hereby finds and declares that
the finfish and shellfish industry in this state plays a vital part in
the economy of the state in general and the Long Island region in
particular.

By establishing the marine resources advisory council the legislature
publicly declares its support for the further development and
advancement of such industry; such council's mandate to monitor and
review fishery management regulations, programs, allocations and
expenditures of the department of environmental conservation for the
care, management, protection and enlargement of finfish and shellfish
will provide proper input from that segment of our populace most
concerned with the impact this state's programs have on finfish and
shellfish resources.

2. Creation of marine resources advisory council. (a) There is hereby
created within the department a marine resources advisory council to
review proposed regulations for management of marine fisheries and to
make recommendations on plans, policies, and programs affecting marine
resources as more specifically outlined below. Such council shall be
composed of fifteen members appointed by the commissioner, none of whom
shall be employees of the department. Two council members representative
of recreational users of marine resources and two council members
representative of commercial users of marine resources shall be
designated by the majority leader of the senate and two members
representative of recreational users of marine resources and two council
members representative of commercial users of marine resources shall be
designated by the speaker of the assembly. 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 chairman. Of the members
appointed all shall be residents of a county which borders the marine
and coastal district. The council shall be representative of individual
and organized commercial and recreational shellfishing and finfishing
interests in the state. At no time shall there be less than seven
members of the council who shall be representative of commercial
harvesters of marine resources nor shall there be less than seven
members of the council who shall be representative of recreational users
and harvesters of marine resources. Appointments to the advisory council
shall be made no later than the first day of March next succeeding the
date on which this section shall have become a law.

(b) Persons designated or appointed to the advisory council shall have
demonstrated a long-standing interest, knowledge and experience in
commercial or recreational harvesting of marine resources.

3. Meetings of the council. The council shall meet at least quarterly.

4. Duties of the advisory council. The advisory council shall have the
following powers and duties:

(a) To review the allocations and expenditures of the department for
the care, management, protection and enlargement of marine resources and
report to the commissioner by January first of each year. The
commissioner shall, by February first of each year, submit such report,
in its entirety, to the governor, the legislature and interested
individuals and organizations. Such report shall include the findings of
the advisory council regarding such allocations and expenditures,
including expenditures and appropriations from the conservation fund and
the extent to which such expenditures and appropriations are consistent
with the requirements of state law.

(b) To make reports and release information from time to time as it
deems necessary to commercial and recreational harvesters and users of
marine resources and the general public regarding the marine resources
program.

(c) To consult with commercial and recreational users of marine
resources and make recommendations on program needs and on how such
needs shall be met.

(d) To assist the department's efforts to expand the available sources
of income for the marine resources account and advise the department
with respect to the needs of those industries involved with the
commercial and recreational harvesting of marine resources.

(e) To review proposed regulations pertaining to the conservation and
management of marine fisheries, to consult with commercial and
recreational users of such fisheries regarding such regulations, and to
make recommendations and comments to the department regarding the
adoption and modification of such regulations consistent with the policy
and principles set forth in section 13-0105 of this article.

5. Term of appointment. All members of the council shall serve terms
of three years provided, however, that of the members first appointed,
one-third shall be appointed for a term of three years, one-third shall
be appointed for a term of two years, and one-third shall be appointed
for a term of one year. An appointment to fill a vacancy shall be made
for the remainder of the affected term in the same manner as the
original appointment was made. Such appointment shall be made within
sixty days of the date the position becomes vacant.

5-a. Term of appointment. The new members appointed pursuant to
subdivision two of this section as amended by a chapter of the laws of
1994 entitled "AN ACT to amend the environmental conservation law, in
relation to establishing the marine fisheries conservation and
management policy, various other provisions relating to the management
of marine resources and repealing paragraph d of subdivision 2 of
section 11-1319 of such law relating to the sale of billfish" shall be
appointed to terms as follows: the member appointed by the majority
leader of the senate and the member appointed by the speaker of the
assembly shall each be appointed to a term of three years; and of the
two members appointed by the commissioner, one shall be appointed to a
term of two years and the other shall be appointed to a term of one
year.

6. State assistance. The commissioner shall make any and all documents
readily available to the council which the council indicates are needed
to properly and thoroughly carry out its responsibilities. The
commissioner shall also make available to the council such aid
reasonably necessary to allow the council to carry out its duties and
responsibilities.