What's happening
This bill transfers regulation of private trout and black bass hatcheries to Agriculture and Markets, establishes aquaculture permitting, and creates a task force to support and expand New York’s aquaculture industry.
Why it matters
Shifts regulatory authority over private trout and black bass hatcheries from the Department of Environmental Conservation to the Department of Agriculture and Markets. , signaling a reclassification of aquaculture as an agricultural rather than a wildlife management issue—potentially streamlining business operations and aligning fish farming with other agricultural practices.
Mandates a review of current regulations to ensure they are not overly burdensome for aquaculture operators. , specifically prohibiting policies that would require tagging or individual identification of domestically-raised fish, which could lower operational costs and reduce administrative hurdles for fish farmers.
Creates an Aquaculture Task Force with a broad membership including legislators, industry, ethnic groups, local government, and the public. to evaluate and propose changes that would enhance the profitability and sustainability of aquaculture in New York, ensuring diverse perspectives and stakeholder input in shaping future policy.
Aims to promote aquaculture as a viable alternative cash crop for New York farms. , potentially expanding economic opportunities for rural and farming communities and supporting local food systems as global demand for aquaculture products grows.
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Who cares
Headline styles
Support Fish Farming Businesses
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to environmental conservation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1036
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sens. YOUNG, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the agriculture and markets law, in relation to the regulation of aquaculture; and to repeal section 11-1909 of the environmental conservation law relating to private trout and black bass hatcheries
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11-1909 of the environmental conservation law is REPEALED.
§ 2. Paragraph a of subdivision 1 of section 11-1319 of the environmental conservation law, as amended by chapter 193 of the laws of 1992, is amended to read as follows:
a. This section governs possession, transportation and sale of all fish taken in waters of the state, including the marine and coastal district except (1) trout and black bass raised under permit from the department and identified as provided in section [11-1909] one hundred one of the agriculture and markets law, (2) fish taken from a farm fish pond licensed as provided in section 11-1911, and (3) fish taken from licensed fishing preserve waters as provided in section 11-1913.
§ 3. Subdivision 1 of section 11-1501 of the environmental conservation law, as amended by chapter 193 of the laws of 1992, is amended to read as follows:
1. This title 15 of the Fish and Wildlife Law and regulations adopted pursuant hereto do not apply to (a) the taking of fish by angling as permitted in title 13; (b) the taking of fish or the use of nets in the marine and coastal district as defined in section 13-0103, or in a trout or black bass hatchery operated under permit from the department as provided in section [11-1909] one hundred one of the agriculture and markets law, or in a farm fish pond licensed as provided in section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03938-01-9
S. 1036 2
11-1911 or in a fishing preserve licensed as provided in section 11-1913; (c) the sale or taking for sale of bait fish named in section 11-1315.
§ 4. The agriculture and markets law is amended by adding a new article 6 to read as follows:
ARTICLE 6
REGULATION OF AQUACULTURE Section 100. Legislative intent.
101. Private trout and black bass hatcheries.
102. Examination of regulatory policies.
103. Aquaculture task force.
§ 100. Legislative intent. The legislature finds and declares that aquaculture is among the fastest growing segments of the global agriculture markets, with New York's fish-farming industry supplying fish to a variety of markets, and that this body should seek ways to develop the fish-farming business as an alternative cash crop for farms across the state.
§ 101. Private trout and black bass hatcheries. 1. The department in its discretion may issue to any person a hatchery permit, valid during the calendar year of issue, to propagate, raise and sell trout. The department shall establish by order regulations governing the identification and transportation of trout raised under such a permit, other than by individual tagging, which are offered for sale, sold or transported.
2. The department in its discretion may issue to any person a hatchery permit, valid during the calendar year of issue, to propagate, raise and sell black bass. The department shall establish by order regulations governing the identification and transportation of black bass raised under such a permit, other than by individual tagging, which are offered for sale, sold or transported.
§ 102. Examination of regulatory policies. In order to achieve the goals set forth in section one hundred of this article, the state shall examine available regulatory and policy changes that would improve the profitability of aquaculture in New York and adopt only policies that:
1. allow for the sale of live fish to domestic markets legally and safely;
2. are not overly burdensome to the operator of an aquaculture facility; and
3. do not require individual identification or tagging as a method of tracking domestically-raised fish.
§ 103. Aquaculture task force. 1. An aquaculture task force is hereby created to conduct the examination described in section one hundred two of this article and determine the viability of adopting a regulatory system with promotion and protection of the aquaculture industry as its goal for the state.
2. The task force shall consist of ten members, each to serve for a term of two years, to be appointed as follows: one shall be appointed by the temporary president of the senate and one by the minority leader of the senate; one shall be appointed by the speaker of the assembly and one by the minority leader of the assembly; and six shall be appointed by the governor. The appointees shall be broadly representative of the geographic areas of the state and include representatives of the aquaculture industry, ethnic population and local government and the public at large. No more than four appointees shall be legislators. Commissioners of the department and the department of environmental conservation shall be ex-officio members. The governor shall designate the
S. 1036 3
chairman and vice chairman from among his appointees. Vacancies in the membership of the commission and among its officers shall be filled in the manner provided for original appointments.
3. The task force may employ and at pleasure remove such personnel as it may deem necessary for the performance of its functions and fix their compensation within the amounts made available therefor.
4. The task force may meet within and without the state and shall hold public hearings, and shall have all the powers of a legislative committee pursuant to the legislative law.
5. The members of the task force shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties pursuant to this article.
6. To the maximum extent feasible, the task force shall be entitled to request and receive and shall utilize and be provided with such facilities, resources, and data of any court, department, division, board, bureau, commission, or agency of the state or any political subdivision thereof as it may reasonably request to carry out properly its powers and duties pursuant to this article.
7. The appointing authorities shall appoint the members of the sustainable development task force on or before ninety days after the effective date of this section and the task force shall convene its first meeting on or before sixty days thereafter.
8. The task force shall make a preliminary report to the governor and the legislature of its findings, conclusions, and recommendations by April first of the calendar year next succeeding the calendar year in which this article took effect and a final report of its findings, conclusions, and recommendations not later than December thirty-first of the calendar year next succeeding the calendar year in which this article took effect, and shall submit with its reports such legislative proposals as it deems necessary to implement its recommendations.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law and the agriculture and markets law, in relation to the regulation of aquaculture; and to repeal section 11-1909 of the environmental conservation law relating to private trout and black bass hatcheries
Purpose or general idea of bill
To change the regulatory authority over farm raised fish from the Department of Environmental Conservation to the Department of Agricul- ture and Markets in an effort to better regulate and promote this aspect of agriculture.
Summary of specific provisions
Section one repeals Section 11-1909 of the Environmental Conservation Law. Section two amends subdivision 1 of section 11-1319 of the Environ- mental Conservation Law. Sections three and four amend the Agriculture and Markets Law by authorizing the Department of Agriculture and Markets to regulate trout and black bass hatcheries.
Section five is the effective date.
Justification
Agriculture is one of the top industries in New York State, returning over $3 billion dollars to the farm economy, and agriculture products, such as domestically raised fish, continue to contribute significantly to that industry-wide value.
According to the New York State Aquaculture Society, in 2007, 154 fish farms generated $16,267,169 in sales statewide. The Cornell Cooperative Extension reported in the same year that aquaculture generated $20 million in farm-gate sales. In order to foster the economic opportu- nities and best utilize this innovative technology, state agencies are increasing state investment for fish farming. In 2009, the Division of Housing and Community Renewal awarded a $175,000 grant for the construction of a Columbia county fish farm. In 2010, the New York State Energy Research and Development Agency awarded a $400,000 grant to SUNY Morrisville for a combination fish-farming and hydroponics project. SONY Morrisville's innovative technology has the potential to generate $400 to $600 million annually in the future according to NYSERDA.
Through effective regulation, this industry can realize its potential for increased revenue, job production, and technological advancement, bringing New York to the forefront of leadership in this burgeoning agricultural industry.
This legislation will give oversight jurisdiction of this sub-industry of agriculture to the State Department of Agriculture which is the agen- cy best suited to oversee it given its experience in other agricultural industries.
Prior legislative history
2017,2018: S.831/A.3377 Referred to Environmental Conservation
2015,2016: S.3069/A.4320 Referred to Environmental Conservation
2013,2014: S.2195/A.4619 Referred to Environmental Conservation
2011,2012: S.768-A/A.7461-A Referred to Environmental Conservation
2009,2010: S.2438-A Referred to Environmental Conservation
2007,2008: S.5680 Referred to Environmental Conservation
2006: S.7774/A.8537 Referred to Environmental Conservation
Fiscal implications
None.
Effective date
Effective immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.