Amd 16, 13-0105 & 13-0350, En Con L; amd 83, St Fin L
Relates to the management, development, and funding of the commercial shellfish aquaculture industry; establishes a director of aquacultural and maricultural resources position in the department of agriculture and markets.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7528
SPONSOR: Brown K TITLE OF BILL:
An act to amend the agriculture and markets law, the environmental
conservation law, and the state finance law, in relation to management
and development of the commercial shellfish aquaculture industry
PURPOSE:
Relates to management, development, and funding of the commercial
shellfish aquaculture industry.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Subdivision 2-a of section 16 of the agriculture and markets
law, as added by chapter 124 of the laws of 1983, is amended.
Section 2: Subparagraph 7 of paragraph (b) of subdivision 1 of section
130105 of the environmental conservation law, as added by chapter 365 of
the laws of 1994, is amended.
Section 3: Paragraph (d) of subdivision 4 of section 13-0350 of the
environmental conservation law, as amended by chapter 365 of the laws of
1994, is amended
Section 4: Subparagraph (i) of paragraph 2 and subparagraph (i) of para-
graph 3 of subdivision (a) of section 83 of the state finance law, as
amended by chapter 512 of the laws of 1994, are amended
Section 5: Identifies effective date.
JUSTIFICATION:
Shellfish and aquaculture cultivation are sustainable forms of farming
that have significant beneficial environmental impacts on water quality.
The cultivation of shellfish and aquaculture helps to reduce excess
nitrogen within coastal waters. This lack of excess nitrogen prevents
the overgrowth of algae which can have negative effects on water quality
as well as human health. With shellfish being one of the most valuable
forms of seafood within the United States, promoting increased culti-
vation will result in both environmental and economic benefits. Further-
more, the commercial cultivation of shellfish has been shown to help
reinforce shellfish numbers in the wild. This bill will allow for the
promotion of the commercial shellfish cultivation industry in conjunc-
tion with the state's environmental protections of wild shellfish popu-
lations.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7528
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, the environmental
conservation law, and the state finance law, in relation to management
and development of the commercial shellfish aquaculture industry
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2-a of section 16 of the agriculture and
2 markets law, as added by chapter 124 of the laws of 1983, is amended to
3 read as follows:
4 2-a. [Aid] Establish a director of aquacultural and maricultural
5 resources position to aid, in cooperation with the department of econom-
6 ic development, in the promotion and marketing of finfish and shellfish
7 derived from commercial fishing or aquacultural activities and cooperate
8 with fishing and aquaculture associations or corporations organized for
9 any or all such purposes.
10 § 2. Subparagraph 7 of paragraph (b) of subdivision 1 of section
11 13-0105 of the environmental conservation law, as added by chapter 365
12 of the laws of 1994, is amended to read as follows:
13 (7) the state shall investigate and encourage the development of aqua-
14 culture of economically important species, including but not limited to
15 shellfish, both to relieve pressure on and enhance wild stocks and to
16 provide economic opportunity and support the growth of industries
17 involved with aquaculture, mariculture, or the commercial and recre-
18 ational harvesting of marine resources;
19 § 3. Paragraph (d) of subdivision 4 of section 13-0350 of the environ-
20 mental conservation law, as amended by chapter 365 of the laws of 1994,
21 is amended to read as follows:
22 (d) To assist the department's efforts to expand the available sources
23 of income for the marine resources account and advise the department
24 with respect to the needs of those industries involved with the commer-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10516-01-3
A. 7528 2
1 cial and recreational harvesting of marine resources, including but not
2 limited to the commercial shellfish aquaculture industry.
3 § 4. Subparagraph (i) of paragraph 2 and subparagraph (i) of paragraph
4 3 of subdivision (a) of section 83 of the state finance law, as amended
5 by chapter 512 of the laws of 1994, are amended to read as follows:
6 (i) Moneys collected pursuant to [sections 13-0301, 13-0311 and
7 13-0315] article thirteen of the environmental conservation law and all
8 fines and penalties collected pursuant to article seventy-one of such
9 law for illegal acts relating to shellfish shall be deposited in a
10 special account within the conservation fund, to be known as the marine
11 resources account, and shall be available to the department of environ-
12 mental conservation, after appropriation, for:
13 (A) the care, management, protection and enlargement of marine fish
14 and shellfish resources; and
15 (B) the development of industries involved with the commercial and
16 recreational harvesting of marine resources, including but not limited
17 to the commercial shellfish aquaculture industry.
18 (i) Moneys arising out of the application of article thirteen of the
19 environmental conservation law shall be deposited in a special account
20 within the conservation fund, to be known as the marine resources
21 account, and shall be available to the department of environmental
22 conservation, after appropriation, for:
23 (A) the care, management, protection and enlargement of marine fish
24 and shellfish resources; and
25 (B) the development of industries involved with the commercial and
26 recreational harvesting of marine resources, including but not limited
27 to the commercial shellfish aquaculture industry.
28 § 5. This act shall take effect immediately.
