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.

---

S2195-2013 Actions

• Jan 14, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S2195-2013 Memo

BILL NUMBER:S2195

TITLE  OF BILL:   An act to amend the environmental conservation law and
the agriculture and markets law, in relation to the regulation of  aqua-
culture; 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 Agriculture and Markets in an effort to  better  regu-
late and promote this aspect of agriculture.

SUMMARY  OF  SPECIFIC PROVISIONS: Section one repeals Section 11-1909 of
the Environmental Conservation Law.

Section two amends section 11-1319  of  the  Environmental  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  agri-
culture products, such as domestically raised fish, continue to contrib-
ute 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.
SUNY  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, bring-
ing New York to the forefront of leadership in this burgeoning  agricul-
tural 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:  2011,2012: S.748/A.7461-A Referred to Envi-
ronmental 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.

S2195-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2195

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 14, 2013
                                 ___________

  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.
    S  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.
    S  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.
                                                             LBD06498-01-3

 S. 2195                             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.
    S  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.
    S 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.
    S 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.
    S 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.
    S  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. 2195                             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.
    S 5. This act shall take effect immediately.