Establishes a state commercial fishing industry advocate and a commercial fishing economic development program to promote the state's commercial fishing industry; defines terms; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2979
SPONSOR: Thiele TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Establishes a state commercial fishing industry advocate and a commer-
cial fishing economic development program in New York State.
SUMMARY OF PROVISIONS:
Section 1. Amends the Agriculture and Markets Law by adding a new Arti-
cle 29A entitled the "Commercial Fishing Industry Economic Development
Program."
Section 2. Severability Clause Section Section 3. Effective Date
JUSTIFICATION:
The commercial fishing industry in New York consists mainly of small or
family-owned businesses that play a major role in the continuing econom-
ic growth and vitality of the State. Currently, there is no State
department or office to turn to in helping to provide the assistance
they need to promote their business and the overall fishing industry.
The Department of Environmental Conservation sets rules and regulations
related to fishing seasons, sizes, quotas, and allowable gear. However,
they do not provide technical, financial or other business-related
assistance to help maintain and grow individual businesses nor the
entire industry.
This legislation establishes a State commercial fishing industry advo-
cate to promote the interests of the commercial fishing industry and to
provide guidance with navigating the federal and state regulatory
requirements that govern the industry. It provides for the powers and
duties of the advocate including advising the Commissioner of Agricul-
ture and Markets on matters relating to the commercial fishing industry,
as well as the direction, control, and operation of the commercial fish-
ing economic development program that is created by this act. The advo-
cate will also be responsible for recommending state legislative initi-
atives that will help foster and promote the long-term vitality and
development of the commercial fishing industry.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.7191/S.6581
2019-20: A.7480/S.5558
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first day of April next succeeding the
date in which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
2979
2023-2024 Regular Sessions
IN ASSEMBLY
February 1, 2023
___________
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:
1 Section 1. The agriculture and markets law is amended by adding a new
2 article 29-A to read as follows:
3 ARTICLE 29-A
4 COMMERCIAL FISHING INDUSTRY ECONOMIC
5 DEVELOPMENT PROGRAM
6 Section 530. Legislative findings and intent.
7 531. Definitions.
8 532. New York state commercial fishing advocate established.
9 533. Powers of the advocate.
10 534. Commercial fishing economic development program created.
11 535. Reports.
12 536. Assistance of other state agencies.
13 537. Functions, powers and duties of other departments and state
14 agencies.
15 § 530. Legislative findings and intent. The legislature finds and
16 determines:
17 1. that the state's commercial fishing industry plays a key role in
18 the continuing economic growth and vitality of the state;
19 2. that the commercial fishing industry presents economic development
20 opportunities that could promote growth thereby enhancing these employ-
21 ers and employees in fish processing, retail markets, restaurants, and
22 other commercial fishing related businesses, as well as promoting the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05661-01-3
A. 2979 2
1 economic well-being of fishing families throughout the state through job
2 creation and job retention;
3 3. that the commercial fishing industry needs assistance to promote
4 the interests of this industry and to help navigate the federal and
5 state regulatory requirements that oversee the industry; and
6 4. that the state commercial fishing industry will be enhanced by the
7 establishment of an economic development program for the commercial
8 fishing industry that promotes long-term health and abundance of fisher-
9 ies resources and habitats.
10 § 531. Definitions. For the purposes of this article, the following
11 terms shall have the following meanings:
12 1. "State commercial fishing advocate" shall mean the state commercial
13 fishing advocate established pursuant to this article.
14 2. "Program" shall mean the commercial fishing economic development
15 program established pursuant to this article.
16 3. "Commercial fishing industry" shall mean those businesses involved
17 in the harvesting, marketing, research, processing of fish or shellfish
18 or providing essential inputs for or services to such businesses and
19 shall include job training and public information programs associated
20 with such products.
21 § 532. New York state commercial fishing advocate established. There
22 is hereby established in the department, the state commercial fishing
23 advocate to represent the interests of the commercial fishing industry.
24 The commercial fishing advocate shall possess knowledge and experience
25 in matters affecting the commercial fishing industry, including the
26 importance of marine fisheries management and conservation roles in the
27 long-term vitality of the industry, and shall be responsible for exer-
28 cising all the powers granted by this article, including advising the
29 commissioner on matters relating to the commercial fishing industry,
30 including the direction, control, and operation of the commercial fish-
31 ing economic development program.
32 § 533. Powers of the advocate. 1. The advocate shall advise the
33 commissioner on matters concerning commercial fishing and to serve as
34 liaison between the state's commercial fishing industry and the commis-
35 sioner with respect to the design and implementation of the state's
36 policies and programs relating to commercial fishing in a manner that
37 supports the long-term health and abundance of fisheries resources and
38 management.
39 2. In addition, the advocate shall have the following powers:
40 (a) To identify and review commercial fishing related issues and
41 current state policies and programs which affect the commercial fishing
42 industry in the state;
43 (b) To advise the department in its promotion and development of
44 alternative uses for commercial fishing vessels, such as tourism and
45 other uses and services in the state;
46 (c) To advise the department in the development and implementation of
47 the state's marketing and business development program for the commer-
48 cial fishing industry, including long-range strategies for promoting the
49 industry in an economically sustainable and environmentally sound manner
50 that supports long-term vitality of the industry;
51 (d) To advise the department, the governor and the legislature
52 concerning recommended legislation necessary to foster and promote the
53 long-term vitality and development of the commercial fishing industry
54 within the state;
55 (e) To advise the department, the governor and the legislature
56 concerning existing laws, rules, and regulations related to the long-
A. 2979 3
1 term vitality and development of the commercial fishing industry within
2 the state;
3 (f) To promote the development of inter-governmental cooperation among
4 agencies of the federal, state and local governments and foster cooper-
5 ation between private industry and government so as to assure the long-
6 term vitality of the commercial fishing industry;
7 (g) To assist the department in obtaining information necessary for
8 the development and improvement of state policies and programs affecting
9 the commercial fishing industry in the state; and
10 (h) To administer the economic development program created pursuant to
11 section five hundred thirty-four of this article.
12 3. The department shall provide necessary technical and staff assist-
13 ance to the state commercial fishing advocate.
14 § 534. Commercial fishing economic development program created. There
15 is hereby created a commercial fishing economic development program
16 under the jurisdiction of the department and administered by the advo-
17 cate, the purpose of which shall be to target and promote:
18 1. marine resources development in ways which are economically
19 sustainable, environmentally sound, and promotes the long-term health of
20 fisheries resources and habitat;
21 2. public awareness and understanding of the economic, cultural and
22 environmental importance of New York's commercial fishing industry;
23 3. the development, retention, diversification and long-term vitality
24 of the commercial fishing resources industry in ways that will enhance
25 related efforts of federal, state and local agencies, commissions,
26 committees, associations, trade groups and manufacturers;
27 4. electronic and other information shared related to the commercial
28 fishing industry;
29 5. the development of financing mechanisms for the establishment,
30 retention, diversification and long-term vitality of the commercial
31 fishing industry;
32 6. increased consumer awareness of the commercial fishing industry,
33 its products and services. Further, to act as a liaison between consum-
34 ers, industry, state and federal agencies, and other stakeholders;
35 7. demonstration projects which would improve business profitability
36 and long-term sustainability; and
37 8. the review of any regulatory barriers which may impede the develop-
38 ment, retention, diversification or long-term vitality of the commercial
39 fishing industry.
40 § 535. Reports. The advocate shall make an annual report on or before
41 July first, two thousand twenty-five and each year thereafter to the
42 governor, the department, and the legislature setting forth the activ-
43 ities undertaken by the advocate. Such report shall be available to the
44 public free of charge on a publicly available website.
45 § 536. Assistance of other state agencies. To effectuate the purposes
46 of this article, the advocate may request and shall be entitled to
47 receive from any state agency, and the same are authorized to provide
48 such assistance, service, facilities and data as will enable the advo-
49 cate to carry out the functions, powers and duties provided by this
50 article. The advocate may enter into cooperative agreements with other
51 government offices to efficiently carry out its work.
52 § 537. Functions, powers and duties of other departments and state
53 agencies. Nothing contained in this article shall be deemed to detract
54 in any way from the functions, powers or duties prescribed by law of any
55 department of the state or to interrupt or preclude the direct relation-
56 ship of any such department or agency with other agencies, individuals
A. 2979 4
1 or corporations for the carrying out of its functions, powers and
2 duties.
3 § 2. Severability. If any provision of this act or the application
4 thereof shall for any reason be adjudged by any court of competent
5 jurisdiction to be invalid, such judgment shall not affect, impair or
6 invalidate the remainder of this act, but shall be confined in its oper-
7 ation to the provision thereof directly involved in the controversy in
8 which the judgment shall have been rendered.
9 § 3. This act shall take effect on the first of April next succeeding
10 the date on which it shall have become a law.
