S T A T E   O F   N E W   Y O R K
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                                 2438--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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REPEALED.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] 96-Z-41 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07624-02-0
              

S. 2438--A                          2

or  black  bass  hatchery  operated  under permit from the department as
provided in section [11-1909] 96-Z-41 OF  THE  AGRICULTURE  AND  MARKETS
LAW,  or  in a farm fish pond licensed as provided in section 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 5-E to read as follows:
                               ARTICLE 5-E
                        REGULATION OF AQUACULTURE
SECTION 96-Z-40. LEGISLATIVE INTENT.
        96-Z-41. PRIVATE TROUT AND BLACK BASS HATCHERIES.
        96-Z-42. EXAMINATION OF REGULATORY POLICIES.
        96-Z-43. AQUACULTURE TASK FORCE.
  S 96-Z-40. 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 96-Z-41. 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 IDEN-
TIFICATION 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 96-Z-42. EXAMINATION OF REGULATORY POLICIES. IN ORDER TO ACHIEVE THE
GOALS  SET  FORTH  IN  SECTION  96-Z-40 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  96-Z-43.  AQUACULTURE  TASK  FORCE. 1. AN AQUACULTURE TASK FORCE IS
HEREBY CREATED TO CONDUCT THE EXAMINATION DESCRIBED IN  SECTION  96-Z-42
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-

S. 2438--A                          3

SIONERS  OF THE DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION SHALL BE EX-OFFICIO MEMBERS.   THE  GOVERNOR  SHALL  DESIGNATE  THE
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 HEREUNDER.
  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 HEREUNDER.
  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, TWO THOUSAND ELEVEN AND A FINAL  REPORT  OF  ITS  FINDINGS,
CONCLUSIONS,  AND  RECOMMENDATIONS NOT LATER THAN DECEMBER THIRTY-FIRST,
TWO THOUSAND ELEVEN, 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.