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

                                   448

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. MAGEE, CROUCH -- read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law  and  the  environmental
  conservation law, in relation to the regulation of food fish

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

  Section 1. The agriculture and markets law is amended by adding a  new
article 5-E to read as follows:
                               ARTICLE 5-E
                         REGULATION OF FOOD FISH
SECTION 97. PRIVATE TROUT AND BLACK BASS HATCHERIES.
  S  97. PRIVATE TROUT AND BLACK BASS HATCHERIES.  1. THE DEPARTMENT, AT
ITS DISCRETION, MAY ISSUE TO ANY PERSON A HATCHERY PERMIT, VALID  DURING
THE CALENDAR YEAR OF ISSUE, TO PROPAGATE, RAISE AND SELL TROUT AND BLACK
BASS  FOR  FOOD  FISH.  SUCH  PERMIT SHALL COST NO MORE THAN ONE HUNDRED
DOLLARS ANNUALLY. THE DEPARTMENT SHALL ESTABLISH BY  ORDER,  REGULATIONS
GOVERNING  THE IDENTIFICATION AND TRANSPORTATION OF TROUT AND BLACK BASS
RAISED UNDER SUCH A PERMIT, OTHER THAN BY INDIVIDUAL TAGGING, WHICH  ARE
OFFERED FOR SALE (LIVE OR OTHERWISE), SOLD OR TRANSPORTED.
  2. BLACK BASS ARE CONSIDERED FOOD FISH FOR HUMAN CONSUMPTION WHEN THEY
MEET THE FOLLOWING CRITERIA:
  A. ARE BETWEEN TWELVE INCHES AND SEVENTEEN INCHES IN LENGTH;
  B. WEIGH BETWEEN ONE AND TWO AND ONE-HALF POUNDS;
  C.  ARE  FED A COMMERCIAL FISH FOOD DIET, THE COMPONENTS OF WHICH WILL
BE DISCERNIBLE IN LABORATORY TESTS; AND
  D. ARE RAISED ON PERMITTED FARMS IN COMMERCIAL PONDS, AQUATIC CAGES OR
WATER RECIRCULATION TANK FACILITIES.
  3. THE DEPARTMENT SHALL ISSUE  REGULATIONS  ESTABLISHING  REQUIREMENTS
FOR  A BILL OF LADING WHICH MUST ACCOMPANY ANY FISH SOLD AS FOOD FISH IN
NEW YORK STATE. THESE RECORDS MUST BE RETAINED BY  PERMITTED  FOOD  FISH

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

                                                           LBD03560-01-1

A. 448                              2

HATCHERIES  AND PURCHASERS FOR A MINIMUM OF ONE YEAR. THE BILL OF LADING
MUST INCLUDE AT A MINIMUM:
  A.  PRODUCER  INFORMATION,  INCLUDING: NAME OF THE HATCHERY OF ORIGIN;
HATCHERY OWNER, ADDRESS AND CONTACT INFORMATION; HATCHERY PERMIT NUMBER;
DATE OF SALE; AND A PRODUCT DESCRIPTION, INCLUDING SPECIES, QUANTITY  OR
WEIGHT AND SIZE RANGE OF FISH IN INCHES.
  B. PURCHASER INFORMATION, INCLUDING: BUSINESS NAME OF PURCHASER; NAME,
ADDRESS  AND  CONTACT  INFORMATION  OF PURCHASER; ADDRESS WHERE THE FISH
WILL BE SOLD IF DIFFERENT THAN ABOVE.
  S 2. Section 11-1909 of the environmental conservation  law,  subdivi-
sion 2 as amended by chapter 309 of the laws of 1994, is amended to read
as follows:
S 11-1909. 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 FOR PURPOSES OTHER THAN THOSE ESTABLISHED IN SECTION NINETY-
SEVEN OF THE AGRICULTURE AND MARKETS LAW.  The department  shall  estab-
lish  by  order regulations governing the identification of trout raised
under such a permit which are offered for sale, sold or transported.
  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 FOR PURPOSES OTHER THAN  THOSE  ESTABLISHED  IN  SECTION
NINETY-SEVEN  OF  THE AGRICULTURE AND MARKETS LAW.  The department shall
establish by order, regulations governing the  transportation  of  black
bass raised under such a permit.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
to be made and completed on or before such date.