S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4248--A                                            A. 5193--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation  -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee

 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to   the   Committee   on   Environmental  Conservation  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend  the  economic  development  law,  in  relation  to  the
   creation  of  a  commercial  fishing  jobs development program; and to
   amend the environmental conservation law, in relation  to  the  estab-
   lishment  of  a  commercial  fishing  industry  advocate to assist the
   marine resources advisory council in performing its duties with regard
   to the state's commercial fishing industry
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative findings and intent. The legislature finds and
 determines that the state's  commercial  fishing  industry  consists  of
 hundreds  of small family-owned businesses across the state that collec-
 tively play a key role in the continuing economic growth and vitality of
 the state. The legislature further finds  that  the  commercial  fishing
 industry  presents economic development opportunities that could promote
 growth thereby enhancing the well-being of these small business  employ-
 ers  and  employees in fish processing, retail markets, restaurants, and
 other commercial fishing related businesses, as well  as  promoting  the
 economic well-being of fishing families throughout the state through job
 creation  and  job  retention.  The  commercial  fishing  industry needs
 assistance to promote the interests of  the  small  businesses  in  this
 industry  and to help navigate the federal and state regulatory require-
 ments that oversee the industry. The state commercial  fishing  industry
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06768-02-7

 S. 4248--A                          2                         A. 5193--A
 
 will  be  enhanced  by the creation of a commercial fishing advocate and
 the establishment of a jobs development program for the commercial fish-
 ing industry that promotes long-term economic health  and  abundance  of
 fisheries resources and habitats.
   §  2.  The economic development law is amended by adding a new article
 23 to read as follows:
                                ARTICLE 23
                COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM
 SECTION 450. COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM.
   § 450. COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM.  THERE  IS  HEREBY
 CREATED  A  COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM UNDER THE JURIS-
 DICTION OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT, WITH  THE  ADVICE  OF
 THE  COMMERCIAL  FISHING  ADVOCATE ESTABLISHED BY SECTION 13-0351 OF THE
 ENVIRONMENTAL CONSERVATION LAW. THE PURPOSE OF THE PROGRAM 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 COMMERCIAL FISHING INDUSTRY;
   3.  THE DEVELOPMENT, RETENTION, DIVERSIFICATION AND LONG-TERM VITALITY
 OF THE 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  COMMERCIAL
 FISHING INDUSTRY;
   5.  THE  DEVELOPMENT  OF  FINANCING  MECHANISMS FOR THE ESTABLISHMENT,
 RETENTION, DIVERSIFICATION AND  LONG-TERM  VITALITY  OF  THE  COMMERCIAL
 FISHING INDUSTRY;
   6.  INCREASED  CONSUMER  AWARENESS OF THE COMMERCIAL FISHING INDUSTRY,
 ITS PRODUCTS AND SERVICES. FURTHER, TO ACT AS A LIAISON BETWEEN  CONSUM-
 ERS, 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 COMMERCIAL
 FISHING INDUSTRY.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 13-0351 to read as follows:
 § 13-0351. COMMERCIAL FISHING ADVOCATE.
   1.  THERE  IS  HEREBY  ESTABLISHED  IN  THE  DEPARTMENT,  UNDER MARINE
 RESOURCES ADVISORY COUNCIL ESTABLISHED BY SECTION 13-0350 OF THIS  ARTI-
 CLE,  THE  STATE COMMERCIAL FISHING ADVOCATE TO PROVIDE EXPERTISE TO THE
 COUNCIL WITH REGARD TO THE COMMERCIAL FISHING INDUSTRY.  THE  COMMERCIAL
 FISHING  ADVOCATE  SHALL  POSSESS  KNOWLEDGE  AND  EXPERIENCE IN MATTERS
 AFFECTING THE COMMERCIAL FISHING INDUSTRY, INCLUDING THE  IMPORTANCE  OF
 MARINE  FISHERIES  MANAGEMENT  AND  CONSERVATION  ROLES IN THE LONG-TERM
 VITALITY OF THE INDUSTRY, AND SHALL BE RESPONSIBLE  FOR  EXERCISING  ALL
 THE  POWERS  GRANTED  BY  THIS  SECTION,  INCLUDING  ADVISING THE MARINE
 RESOURCES ADVISORY COUNCIL AND THE COMMISSIONER ON MATTERS  RELATING  TO
 THE  COMMERCIAL  FISHING  INDUSTRY.  IN  ADDITION THE COMMERCIAL FISHING
 ADVOCATE SHALL CONSULT WITH THE STATE DEPARTMENT OF ECONOMIC DEVELOPMENT
 WITH REGARD TO THE COMMERCIAL FISHING JOBS DEVELOPMENT  PROGRAM  AUTHOR-
 IZED BY SECTION 450 OF THE ECONOMIC DEVELOPMENT LAW.
   2. THE ADVOCATE SHALL ADVISE THE MARINE RESOURCES ADVISORY COUNCIL AND
 COMMISSIONER ON MATTERS CONCERNING COMMERCIAL FISHING AND SHALL SERVE AS

 S. 4248--A                          3                         A. 5193--A
 
 LIAISON  BETWEEN  THE STATE'S COMMERCIAL FISHING INDUSTRY AND THE MARINE
 RESOURCES ADVISORY COUNCIL AND THE  COMMISSIONER  WITH  RESPECT  TO  THE
 DESIGN  AND IMPLEMENTATION 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.
   3. 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 EFFECT THE COMMERCIAL  FISHING
 INDUSTRY IN THE STATE;
   (B) TO ADVISE THE STATE DEPARTMENT OF ECONOMIC DEVELOPMENT OF ALTERNA-
 TIVE USES FOR COMMERCIAL FISHING VESSELS, SUCH AS TOURISM AND OTHER USES
 AND SERVICES IN THE STATE;
   (C)  TO  ADVISE THE MARINE RESOURCES ADVISORY COUNCIL, DEPARTMENT, AND
 STATE DEPARTMENT OF ECONOMIC DEVELOPMENT IN THE DEVELOPMENT  AND  IMPLE-
 MENTATION  OF THE STATE'S MARKETING AND BUSINESS DEVELOPMENT PROGRAM FOR
 THE 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 MARINE RESOURCES ADVISORY COUNCIL, DEPARTMENT, STATE
 DEPARTMENT OF ECONOMICAL DEVELOPMENT, THE GOVERNOR AND  THE  LEGISLATURE
 CONCERNING  RECOMMENDED  LEGISLATION NECESSARY TO FOSTER AND PROMOTE THE
 LONG-TERM VITALITY AND DEVELOPMENT OF THE  COMMERCIAL  FISHING  INDUSTRY
 WITHIN THE STATE;
   (E)  TO  ADVISE THE MARINE RESOURCES ADVISORY COUNCIL, THE DEPARTMENT,
 THE GOVERNOR AND THE LEGISLATURE CONCERNING EXISTING  LAWS,  RULES,  AND
 REGULATIONS  RELATED  TO  THE  LONG TERM VITALITY AND DEVELOPMENT OF THE
 COMMERCIAL FISHING INDUSTRY WITHIN THE STATE;
   (F) TO PROMOTE THE DEVELOPMENT OF INTER-GOVERNMENTAL COOPERATION AMONG
 AGENCIES OF THE FEDERAL, STATE AND LOCAL GOVERNMENTS INCLUDING THE STATE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  AND  FOSTER  COOPERATION  BETWEEN
 PRIVATE  INDUSTRY  AND GOVERNMENT SO AS TO ASSURE THE LONG TERM VITALITY
 OF THE COMMERCIAL FISHING INDUSTRY;
   (G) TO ASSIST THE DEPARTMENT IN OBTAINING  INFORMATION  NECESSARY  FOR
 THE DEVELOPMENT AND IMPROVEMENT OF STATE POLICIES AND PROGRAMS AFFECTING
 THE COMMERCIAL FISHING INDUSTRY IN THE STATE;
   (H)  TO  ADVISE  IN  THE ADMINISTRATION OF THE COMMERCIAL FISHING JOBS
 PROGRAM CREATED PURSUANT TO SECTION 450 OF THE ECONOMIC DEVELOPMENT LAW,
 UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   4. THE DEPARTMENT SHALL PROVIDE NECESSARY TECHNICAL AND STAFF  ASSIST-
 ANCE TO THE COMMERCIAL FISHING ADVOCATE.
   § 4. Assistance of other state agencies. To effectuate the purposes of
 this act, the advocate may request and shall be entitled to receive from
 any  state  agency,  and the same are authorized to provide such assist-
 ance, service, facilities and data as will enable the advocate to  carry
 out  the functions, powers and duties provided by this act. The advocate
 may enter into cooperative agreements with other government  offices  to
 efficiently carry out its work.
   §  5.  Nothing contained in this act 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.
   §  6.  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

 S. 4248--A                          4                         A. 5193--A
 
 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.
   § 7. This act shall take effect immediately.