STATE OF NEW YORK ________________________________________________________________________ 4059 2023-2024 Regular Sessions IN SENATE February 2, 2023 ___________ Introduced by Sen. MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture 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. LBD05661-01-3S. 4059 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-S. 4059 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, individualsS. 4059 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.