S T A T E   O F   N E W   Y O R K
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                                  5444

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT to amend the economic development law, in relation to the estab-
  lishment of a state small business commercial fishing  industry  advo-
  cate  and the creation of a small business commercial fishing economic
  development program to promote small businesses in the state's commer-
  cial fishing industry

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  economic  development law is amended by adding a new
article 23 to read as follows:
                               ARTICLE 23
 SMALL BUSINESS COMMERCIAL FISHING INDUSTRY ECONOMIC DEVELOPMENT PROGRAM
SECTION 450. LEGISLATIVE FINDINGS AND INTENT.
        451. DEFINITIONS.
        452. NEW YORK STATE SMALL BUSINESS COMMERCIAL  FISHING  ADVOCATE
               ESTABLISHED.
        453. POWERS OF THE ADVOCATE.
        454. SMALL  BUSINESS  COMMERCIAL  FISHING  ECONOMIC  DEVELOPMENT
               PROGRAM CREATED.
        455. REPORTS.
        456. ASSISTANCE OF OTHER STATE AGENCIES.
        457. FUNCTIONS, POWERS AND DUTIES OF OTHER DEPARTMENTS AND STATE
               AGENCIES.
  S 450. LEGISLATIVE FINDINGS AND  INTENT.  THE  LEGISLATURE  FINDS  AND
DETERMINES:
  1.  THAT  THE STATE'S COMMERCIAL FISHING INDUSTRY CONSISTS OF HUNDREDS
OF SMALL FAMILY-OWNED BUSINESSES ACROSS THE STATE THAT COLLECTIVELY PLAY
A KEY ROLE IN THE CONTINUING ECONOMIC GROWTH AND VITALITY OF THE STATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10608-04-5

              

S. 5444                             2

  2. THAT THE COMMERCIAL FISHING INDUSTRY PRESENTS ECONOMIC  DEVELOPMENT
OPPORTUNITIES THAT COULD PROMOTE GROWTH THEREBY ENHANCING THE WELL-BEING
OF  THESE  SMALL  BUSINESS  EMPLOYERS  AND EMPLOYEES IN FISH PROCESSING,
RETAIL MARKETS, RESTAURANTS, AND OTHER COMMERCIAL FISHING RELATED  BUSI-
NESSES, AS WELL AS PROMOTING THE ECONOMIC WELL-BEING OF FISHING FAMILIES
THROUGHOUT THE STATE THROUGH JOB CREATION AND JOB RETENTION;
  3.  THAT  THE  COMMERCIAL FISHING INDUSTRY NEEDS ASSISTANCE TO PROMOTE
THE INTERESTS OF THE SMALL BUSINESSES IN THIS INDUSTRY AND TO HELP NAVI-
GATE THE FEDERAL AND STATE  REGULATORY  REQUIREMENTS  THAT  OVERSEE  THE
INDUSTRY; AND
  4.  THAT  THE STATE SMALL BUSINESS COMMERCIAL FISHING INDUSTRY WILL BE
ENHANCED BY THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT PROGRAM FOR THE
SMALL BUSINESS  COMMERCIAL  FISHING  INDUSTRY  THAT  PROMOTES  LONG-TERM
HEALTH AND ABUNDANCE OF FISHERIES RESOURCES AND HABITATS.
  S  451.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "STATE SMALL BUSINESS COMMERCIAL FISHING ADVOCATE" SHALL  MEAN  THE
STATE SMALL BUSINESS COMMERCIAL FISHING ADVOCATE ESTABLISHED PURSUANT TO
THIS ARTICLE.
  2.  "PROGRAM"  SHALL  MEAN THE COMMERCIAL FISHING ECONOMIC DEVELOPMENT
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
  3. "SMALL BUSINESS COMMERCIAL FISHING INDUSTRY" SHALL MEAN THOSE BUSI-
NESSES, AS DEFINED IN SECTION ONE HUNDRED  THIRTY-ONE  OF  THIS  CHAPTER
INVOLVED  IN  THE HARVESTING, MARKETING, RESEARCH, PROCESSING OF FISH OR
SHELLFISH OR PROVIDING ESSENTIAL INPUTS FOR OR SERVICES  TO  SUCH  SMALL
BUSINESSES  AND  SHALL  INCLUDE  JOB  TRAINING  AND  PUBLIC  INFORMATION
PROGRAMS ASSOCIATED  WITH  SUCH  PRODUCTS.  FOR  THE  PURPOSES  OF  THIS
SECTION,  THE  SMALL  BUSINESS  COMMERCIAL  FISHING INDUSTRY SHALL FOCUS
PRIMARILY ON FAMILY-OWNED AND OPERATED BUSINESSES.
  S 452. NEW YORK  STATE  SMALL  BUSINESS  COMMERCIAL  FISHING  ADVOCATE
ESTABLISHED.  THERE  IS  HEREBY ESTABLISHED IN THE DEPARTMENT, THE STATE
SMALL BUSINESS COMMERCIAL FISHING ADVOCATE TO REPRESENT THE INTERESTS OF
THE SMALL BUSINESS COMMERCIAL FISHING  INDUSTRY.    THE  SMALL  BUSINESS
COMMERCIAL  FISHING  ADVOCATE  SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN
MATTERS  AFFECTING  THE  SMALL  BUSINESS  COMMERCIAL  FISHING  INDUSTRY,
INCLUDING THE IMPORTANCE OF MARINE FISHERIES MANAGEMENT AND CONSERVATION
ROLES  IN THE LONG-TERM VITALITY OF THE INDUSTRY, AND SHALL BE RESPONSI-
BLE FOR EXERCISING ALL THE POWERS GRANTED  BY  THIS  ARTICLE,  INCLUDING
ADVISING  THE  COMMISSIONER  ON  MATTERS  RELATING TO THE SMALL BUSINESS
COMMERCIAL FISHING INDUSTRY, INCLUDING THE DIRECTION, CONTROL, AND OPER-
ATION OF THE SMALL  BUSINESS  COMMERCIAL  FISHING  ECONOMIC  DEVELOPMENT
PROGRAM.
  S  453.  POWERS  OF  THE  ADVOCATE.  1.  THE ADVOCATE SHALL ADVISE THE
COMMISSIONER ON MATTERS CONCERNING SMALL BUSINESS COMMERCIAL FISHING AND
TO SERVE AS LIAISON BETWEEN THE STATE'S SMALL BUSINESS COMMERCIAL  FISH-
ING  INDUSTRY AND THE COMMISSIONER WITH RESPECT TO THE DESIGN AND IMPLE-
MENTATION 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.
  2. IN ADDITION, THE ADVOCATE SHALL HAVE THE FOLLOWING POWERS:
  (A) TO IDENTIFY AND  REVIEW  COMMERCIAL  FISHING  RELATED  ISSUES  AND
CURRENT  STATE  POLICIES  AND  PROGRAMS  WHICH AFFECT THE SMALL BUSINESS
COMMERCIAL FISHING INDUSTRY IN THE STATE;
  (B) TO ADVISE THE DEPARTMENT  IN  ITS  PROMOTION  AND  DEVELOPMENT  OF
ALTERNATIVE  USES FOR SMALL BUSINESS COMMERCIAL FISHING VESSELS, SUCH AS
TOURISM AND OTHER USES AND SERVICES IN THE STATE;

S. 5444                             3

  (C) TO ADVISE THE DEPARTMENT IN THE DEVELOPMENT AND IMPLEMENTATION  OF
THE  STATE'S  MARKETING  AND  BUSINESS DEVELOPMENT PROGRAM FOR THE SMALL
BUSINESS 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  DEPARTMENT,  THE  GOVERNOR  AND  THE LEGISLATURE
CONCERNING RECOMMENDED LEGISLATION NECESSARY TO FOSTER AND  PROMOTE  THE
LONG-TERM  VITALITY  AND  DEVELOPMENT  OF  THE SMALL BUSINESS COMMERCIAL
FISHING INDUSTRY WITHIN THE STATE;
  (E) TO  ADVISE  THE  DEPARTMENT,  THE  GOVERNOR  AND  THE  LEGISLATURE
CONCERNING   EXISTING  LAWS,  RULES,  AND  REGULATIONS  RELATED  TO  THE
LONG-TERM VITALITY AND DEVELOPMENT  OF  THE  SMALL  BUSINESS  COMMERCIAL
FISHING INDUSTRY WITHIN THE STATE;
  (F) TO PROMOTE THE DEVELOPMENT OF INTER-GOVERNMENTAL COOPERATION AMONG
AGENCIES  OF THE FEDERAL, STATE AND LOCAL GOVERNMENTS AND FOSTER COOPER-
ATION BETWEEN PRIVATE INDUSTRY AND GOVERNMENT SO AS TO ASSURE THE  LONG-
TERM VITALITY OF THE SMALL BUSINESS COMMERCIAL FISHING INDUSTRY;
  (G)  TO  ASSIST  THE DEPARTMENT IN OBTAINING INFORMATION NECESSARY FOR
THE DEVELOPMENT AND IMPROVEMENT OF STATE POLICIES AND PROGRAMS AFFECTING
THE SMALL BUSINESS COMMERCIAL FISHING INDUSTRY IN THE STATE;
  (H) TO ADMINISTER THE ECONOMIC DEVELOPMENT PROGRAM CREATED PURSUANT TO
SECTION FOUR HUNDRED FIFTY-FOUR OF THIS ARTICLE; AND,
  3. THE DEPARTMENT SHALL PROVIDE NECESSARY TECHNICAL AND STAFF  ASSIST-
ANCE TO THE STATE SMALL BUSINESS COMMERCIAL FISHING ADVOCATE.
  S  454. SMALL BUSINESS COMMERCIAL FISHING ECONOMIC DEVELOPMENT PROGRAM
CREATED. THERE IS HEREBY CREATED A  SMALL  BUSINESS  COMMERCIAL  FISHING
ECONOMIC  DEVELOPMENT  PROGRAM  UNDER THE JURISDICTION OF THE DEPARTMENT
AND ADMINISTERED BY THE ADVOCATE, THE  PURPOSE  OF  WHICH  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 SMALL BUSINESS COMMERCIAL FISHING
INDUSTRY;
  3.  THE DEVELOPMENT, RETENTION, DIVERSIFICATION AND LONG-TERM VITALITY
OF THE SMALL BUSINESS 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 SMALL BUSI-
NESS COMMERCIAL FISHING INDUSTRY;
  5. THE DEVELOPMENT OF  FINANCING  MECHANISMS  FOR  THE  ESTABLISHMENT,
RETENTION,  DIVERSIFICATION AND LONG-TERM VITALITY OF THE SMALL BUSINESS
COMMERCIAL FISHING INDUSTRY;
  6. INCREASED CONSUMER AWARENESS OF THE SMALL BUSINESS COMMERCIAL FISH-
ING INDUSTRY, ITS PRODUCTS AND SERVICES. FURTHER, TO ACT  AS  A  LIAISON
BETWEEN  CONSUMERS,  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 SMALL
BUSINESS COMMERCIAL FISHING INDUSTRY.
  S 455. REPORTS. THE ADVOCATE SHALL MAKE AN ANNUAL REPORT ON OR  BEFORE
JULY  FIRST, TWO THOUSAND SIXTEEN AND EACH YEAR THEREAFTER TO THE GOVER-
NOR, THE DEPARTMENT, AND THE LEGISLATURE SETTING  FORTH  THE  ACTIVITIES

S. 5444                             4

UNDERTAKEN  BY  THE  ADVOCATE.    SUCH  REPORT SHALL BE AVAILABLE TO THE
PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE WEBSITE.
  S  456. ASSISTANCE OF OTHER STATE AGENCIES. TO EFFECTUATE THE PURPOSES
OF THIS ARTICLE, THE ADVOCATE MAY  REQUEST  AND  SHALL  BE  ENTITLED  TO
RECEIVE  FROM  ANY  STATE AGENCY, AND THE SAME ARE AUTHORIZED TO PROVIDE
SUCH ASSISTANCE, SERVICE, FACILITIES AND DATA AS WILL ENABLE  THE  ADVO-
CATE  TO  CARRY  OUT  THE  FUNCTIONS, POWERS AND DUTIES PROVIDED BY THIS
ARTICLE. THE ADVOCATE MAY ENTER INTO COOPERATIVE AGREEMENTS  WITH  OTHER
GOVERNMENT OFFICES TO EFFICIENTLY CARRY OUT ITS WORK.
  S  457.  FUNCTIONS,  POWERS  AND DUTIES OF OTHER DEPARTMENTS AND STATE
AGENCIES. NOTHING CONTAINED IN THIS ARTICLE 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.
  S  2.  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.
  S 3. This act shall take effect immediately.