Creates the commercial fishing jobs development program; and establishes 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.
STATE OF NEW YORK
________________________________________________________________________
S. 4248--A A. 5193--A
2017-2018 Regular Sessions
SENATE - ASSEMBLY
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:
1 Section 1. Legislative findings and intent. The legislature finds and
2 determines that the state's commercial fishing industry consists of
3 hundreds of small family-owned businesses across the state that collec-
4 tively play a key role in the continuing economic growth and vitality of
5 the state. The legislature further finds that the commercial fishing
6 industry presents economic development opportunities that could promote
7 growth thereby enhancing the well-being of these small business employ-
8 ers and employees in fish processing, retail markets, restaurants, and
9 other commercial fishing related businesses, as well as promoting the
10 economic well-being of fishing families throughout the state through job
11 creation and job retention. The commercial fishing industry needs
12 assistance to promote the interests of the small businesses in this
13 industry and to help navigate the federal and state regulatory require-
14 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
1 will be enhanced by the creation of a commercial fishing advocate and
2 the establishment of a jobs development program for the commercial fish-
3 ing industry that promotes long-term economic health and abundance of
4 fisheries resources and habitats.
5 § 2. The economic development law is amended by adding a new article
6 23 to read as follows:
7 ARTICLE 23
8 COMMERCIAL FISHING JOBS DEVELOPMENT PROGRAM
9 Section 450. Commercial fishing jobs development program.
10 § 450. Commercial fishing jobs development program. There is hereby
11 created a commercial fishing jobs development program under the juris-
12 diction of the department of economic development, with the advice of
13 the commercial fishing advocate established by section 13-0351 of the
14 environmental conservation law. The purpose of the program shall be to
15 target and promote:
16 1. marine resources development in ways which are economically
17 sustainable, environmentally sound, and promotes the long-term health of
18 fisheries resources and habitat;
19 2. public awareness and understanding of the economic, cultural and
20 environmental importance of New York's commercial fishing industry;
21 3. the development, retention, diversification and long-term vitality
22 of the commercial fishing resources industry in ways that will enhance
23 related efforts of federal, state and local agencies, commissions,
24 committees, associations, trade groups and manufacturers;
25 4. electronic and other information shared related to the commercial
26 fishing industry;
27 5. the development of financing mechanisms for the establishment,
28 retention, diversification and long-term vitality of the commercial
29 fishing industry;
30 6. increased consumer awareness of the commercial fishing industry,
31 its products and services. Further, to act as a liaison between consum-
32 ers, industry, state and federal agencies, and other stakeholders;
33 7. demonstration projects which would improve business profitability
34 and long-term sustainability; and
35 8. the review of any regulatory barriers which may impede the develop-
36 ment, retention, diversification or long-term vitality of the commercial
37 fishing industry.
38 § 3. The environmental conservation law is amended by adding a new
39 section 13-0351 to read as follows:
40 § 13-0351. Commercial fishing advocate.
41 1. There is hereby established in the department, under marine
42 resources advisory council established by section 13-0350 of this arti-
43 cle, the state commercial fishing advocate to provide expertise to the
44 council with regard to the commercial fishing industry. The commercial
45 fishing advocate shall possess knowledge and experience in matters
46 affecting the commercial fishing industry, including the importance of
47 marine fisheries management and conservation roles in the long-term
48 vitality of the industry, and shall be responsible for exercising all
49 the powers granted by this section, including advising the marine
50 resources advisory council and the commissioner on matters relating to
51 the commercial fishing industry. In addition the commercial fishing
52 advocate shall consult with the state department of economic development
53 with regard to the commercial fishing jobs development program author-
54 ized by section 450 of the economic development law.
55 2. The advocate shall advise the marine resources advisory council and
56 commissioner on matters concerning commercial fishing and shall serve as
S. 4248--A 3 A. 5193--A
1 liaison between the state's commercial fishing industry and the marine
2 resources advisory council and the commissioner with respect to the
3 design and implementation of the state's policies and programs relating
4 to commercial fishing in a manner that supports the long-term health and
5 abundance of fisheries resources and management.
6 3. In addition, the advocate shall have the following powers:
7 (a) To identify and review commercial fishing related issues and
8 current state policies and programs which effect the commercial fishing
9 industry in the state;
10 (b) To advise the state department of economic development of alterna-
11 tive uses for commercial fishing vessels, such as tourism and other uses
12 and services in the state;
13 (c) To advise the marine resources advisory council, department, and
14 state department of economic development in the development and imple-
15 mentation of the state's marketing and business development program for
16 the commercial fishing industry, including long-range strategies for
17 promoting the industry in an economically sustainable and environ-
18 mentally sound manner that supports long-term vitality of the industry;
19 (d) To advise the marine resources advisory council, department, state
20 department of economical development, the governor and the legislature
21 concerning recommended legislation necessary to foster and promote the
22 long-term vitality and development of the commercial fishing industry
23 within the state;
24 (e) To advise the marine resources advisory council, the department,
25 the governor and the legislature concerning existing laws, rules, and
26 regulations related to the long term vitality and development of the
27 commercial fishing industry within the state;
28 (f) To promote the development of inter-governmental cooperation among
29 agencies of the federal, state and local governments including the state
30 department of economic development and foster cooperation between
31 private industry and government so as to assure the long term vitality
32 of the commercial fishing industry;
33 (g) To assist the department in obtaining information necessary for
34 the development and improvement of state policies and programs affecting
35 the commercial fishing industry in the state;
36 (h) To advise in the administration of the commercial fishing jobs
37 program created pursuant to section 450 of the economic development law,
38 under the jurisdiction of the state department of economic development.
39 4. The department shall provide necessary technical and staff assist-
40 ance to the commercial fishing advocate.
41 § 4. Assistance of other state agencies. To effectuate the purposes of
42 this act, the advocate may request and shall be entitled to receive from
43 any state agency, and the same are authorized to provide such assist-
44 ance, service, facilities and data as will enable the advocate to carry
45 out the functions, powers and duties provided by this act. The advocate
46 may enter into cooperative agreements with other government offices to
47 efficiently carry out its work.
48 § 5. Nothing contained in this act shall be deemed to detract in any
49 way from the functions, powers or duties prescribed by law of any
50 department of the state or to interrupt or preclude the direct relation-
51 ship of any such department or agency with other agencies, individuals
52 or corporations for the carrying out of its functions, powers and
53 duties.
54 § 6. Severability. If any provision of this act or the application
55 thereof shall for any reason be adjudged by any court of competent
56 jurisdiction to be invalid, such judgment shall not affect, impair or
S. 4248--A 4 A. 5193--A
1 invalidate the remainder of this act, but shall be confined in its oper-
2 ation to the provision thereof directly involved in the controversy in
3 which the judgment shall have been rendered.
4 § 7. This act shall take effect immediately.
