S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5558                                                  A. 7480
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                                May 7, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Agriculture
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Environmental Conservation

 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   establishment  of a state commercial fishing industry advocate and the
   creation of a  commercial  fishing  economic  development  program  to
   promote 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. The agriculture and markets law is amended by adding a  new
 article 29-A to read as follows:
                               ARTICLE 29-A
                   COMMERCIAL FISHING INDUSTRY ECONOMIC
                            DEVELOPMENT PROGRAM
 SECTION 520. LEGISLATIVE FINDINGS AND INTENT.
         521. DEFINITIONS.
         522. NEW YORK STATE COMMERCIAL FISHING ADVOCATE ESTABLISHED.
         523. POWERS OF THE ADVOCATE.
         524. COMMERCIAL FISHING ECONOMIC DEVELOPMENT PROGRAM CREATED.
         525. REPORTS.
         526. ASSISTANCE OF OTHER STATE AGENCIES.
         527. FUNCTIONS, POWERS AND DUTIES OF OTHER DEPARTMENTS AND STATE
                AGENCIES.
   §  520.  LEGISLATIVE  FINDINGS  AND  INTENT. THE LEGISLATURE FINDS AND
 DETERMINES:
   1. THAT THE STATE'S COMMERCIAL FISHING INDUSTRY PLAYS A  KEY  ROLE  IN
 THE CONTINUING ECONOMIC GROWTH AND VITALITY OF THE STATE;
   2.  THAT THE COMMERCIAL FISHING INDUSTRY PRESENTS ECONOMIC DEVELOPMENT
 OPPORTUNITIES THAT COULD PROMOTE GROWTH THEREBY ENHANCING THESE  EMPLOY-

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

                                                            LBD10650-01-9

 S. 5558                             2                            A. 7480
 
 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;
   3.  THAT  THE  COMMERCIAL FISHING INDUSTRY NEEDS ASSISTANCE TO PROMOTE
 THE INTERESTS OF THIS INDUSTRY AND TO  HELP  NAVIGATE  THE  FEDERAL  AND
 STATE REGULATORY REQUIREMENTS THAT OVERSEE THE INDUSTRY; AND
   4.  THAT THE STATE COMMERCIAL FISHING INDUSTRY WILL BE ENHANCED BY THE
 ESTABLISHMENT OF AN ECONOMIC  DEVELOPMENT  PROGRAM  FOR  THE  COMMERCIAL
 FISHING INDUSTRY THAT PROMOTES LONG-TERM HEALTH AND ABUNDANCE OF FISHER-
 IES RESOURCES AND HABITATS.
   §  521.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "STATE COMMERCIAL FISHING ADVOCATE" SHALL MEAN THE STATE COMMERCIAL
 FISHING ADVOCATE ESTABLISHED PURSUANT TO THIS ARTICLE.
   2. "PROGRAM" SHALL MEAN THE COMMERCIAL  FISHING  ECONOMIC  DEVELOPMENT
 PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
   3.  "COMMERCIAL FISHING INDUSTRY" SHALL MEAN THOSE BUSINESSES INVOLVED
 IN THE HARVESTING, MARKETING, RESEARCH, PROCESSING OF FISH OR  SHELLFISH
 OR  PROVIDING  ESSENTIAL  INPUTS  FOR OR SERVICES TO SUCH BUSINESSES AND
 SHALL INCLUDE JOB TRAINING AND PUBLIC  INFORMATION  PROGRAMS  ASSOCIATED
 WITH SUCH PRODUCTS.
   §  522. NEW YORK STATE COMMERCIAL FISHING ADVOCATE ESTABLISHED.  THERE
 IS HEREBY ESTABLISHED IN THE DEPARTMENT, THE  STATE  COMMERCIAL  FISHING
 ADVOCATE  TO REPRESENT THE INTERESTS OF 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 EXER-
 CISING ALL THE POWERS GRANTED BY THIS ARTICLE,  INCLUDING  ADVISING  THE
 COMMISSIONER  ON  MATTERS  RELATING  TO THE COMMERCIAL FISHING INDUSTRY,
 INCLUDING THE DIRECTION, CONTROL, AND OPERATION OF THE COMMERCIAL  FISH-
 ING ECONOMIC DEVELOPMENT PROGRAM.
   §  523.  POWERS  OF  THE  ADVOCATE.  1.  THE ADVOCATE SHALL ADVISE THE
 COMMISSIONER ON MATTERS CONCERNING COMMERCIAL FISHING AND  TO  SERVE  AS
 LIAISON  BETWEEN THE STATE'S COMMERCIAL FISHING INDUSTRY AND THE COMMIS-
 SIONER 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.
   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 COMMERCIAL  FISHING
 INDUSTRY IN THE STATE;
   (B)  TO  ADVISE  THE  DEPARTMENT  IN  ITS PROMOTION AND DEVELOPMENT OF
 ALTERNATIVE USES FOR COMMERCIAL FISHING VESSELS,  SUCH  AS  TOURISM  AND
 OTHER USES AND SERVICES IN THE STATE;
   (C)  TO ADVISE THE DEPARTMENT IN THE DEVELOPMENT AND IMPLEMENTATION OF
 THE STATE'S MARKETING AND BUSINESS DEVELOPMENT PROGRAM FOR  THE  COMMER-
 CIAL FISHING INDUSTRY, INCLUDING LONG-RANGE STRATEGIES FOR PROMOTING THE
 INDUSTRY IN AN ECONOMICALLY SUSTAINABLE AND ENVIRONMENTALLY 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 COMMERCIAL FISHING INDUSTRY
 WITHIN THE STATE;

 S. 5558                             3                            A. 7480
 
   (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 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 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; AND
   (H) TO ADMINISTER THE ECONOMIC DEVELOPMENT PROGRAM CREATED PURSUANT TO
 SECTION FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
   3. THE DEPARTMENT SHALL PROVIDE NECESSARY TECHNICAL AND STAFF  ASSIST-
 ANCE TO THE STATE COMMERCIAL FISHING ADVOCATE.
   §  524. COMMERCIAL FISHING ECONOMIC DEVELOPMENT PROGRAM CREATED. THERE
 IS HEREBY CREATED A  COMMERCIAL  FISHING  ECONOMIC  DEVELOPMENT  PROGRAM
 UNDER  THE  JURISDICTION OF THE DEPARTMENT AND ADMINISTERED BY THE ADVO-
 CATE, 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 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.
   §  525. REPORTS. THE ADVOCATE SHALL MAKE AN ANNUAL REPORT ON OR BEFORE
 JULY FIRST, TWO THOUSAND TWENTY-ONE AND  EACH  YEAR  THEREAFTER  TO  THE
 GOVERNOR,  THE  DEPARTMENT, AND THE LEGISLATURE SETTING FORTH THE ACTIV-
 ITIES UNDERTAKEN BY THE ADVOCATE. SUCH REPORT SHALL BE AVAILABLE TO  THE
 PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE WEBSITE.
   §  526. 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.
   §  527.  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

 S. 5558                             4                            A. 7480
 
 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.
   §  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.
   §  3. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.