2013 New York Consolidated Laws
ENV - Environmental Conservation
Article 13 - MARINE AND COASTAL RESOURCES
Title 3 - (13-0301 - 13-0371) MARINE FISHERIES
13-0350 - Marine resources advisory council.

 
  § 13-0350. Marine resources advisory council.
    1.  Legislative intent. The legislature hereby finds and declares that
  the finfish and shellfish industry in this state plays a vital  part  in
  the  economy  of  the  state  in  general  and the Long Island region in
  particular.
    By establishing the marine resources advisory council the  legislature
  publicly   declares   its   support  for  the  further  development  and
  advancement of such industry; such  council's  mandate  to  monitor  and
  review   fishery   management  regulations,  programs,  allocations  and
  expenditures of the department of  environmental  conservation  for  the
  care,  management,  protection  and enlargement of finfish and shellfish
  will provide proper  input  from  that  segment  of  our  populace  most
  concerned  with  the  impact  this  state's programs have on finfish and
  shellfish resources.
    2. Creation of marine resources advisory council. (a) There is  hereby
  created  within  the  department  a marine resources advisory council to
  review proposed regulations for management of marine  fisheries  and  to
  make  recommendations  on plans, policies, and programs affecting marine
  resources as more specifically outlined below.  Such  council  shall  be
  composed  of fifteen members appointed by the commissioner, none of whom
  shall be employees of the department. Two council members representative
  of recreational users  of  marine  resources  and  two  council  members
  representative   of  commercial  users  of  marine  resources  shall  be
  designated by  the  majority  leader  of  the  senate  and  two  members
  representative of recreational users of marine resources and two council
  members  representative of commercial users of marine resources shall be
  designated by the speaker of  the  assembly.  One  member  will  be  the
  director  of  the marine sciences research center at SUNY Stony Brook or
  the director's designee who  shall  act  as  chairman.  Of  the  members
  appointed  all  shall  be residents of a county which borders the marine
  and coastal district. The council shall be representative of  individual
  and  organized  commercial  and recreational shellfishing and finfishing
  interests in the state. At no  time  shall  there  be  less  than  seven
  members  of  the  council  who  shall  be  representative  of commercial
  harvesters of marine resources  nor  shall  there  be  less  than  seven
  members of the council who shall be representative of recreational users
  and harvesters of marine resources. Appointments to the advisory council
  shall  be  made no later than the first day of March next succeeding the
  date on which this section shall have become a law.
    (b) Persons designated or appointed to the advisory council shall have
  demonstrated a  long-standing  interest,  knowledge  and  experience  in
  commercial or recreational harvesting of marine resources.
    3. Meetings of the council. The council shall meet at least quarterly.
    4. Duties of the advisory council. The advisory council shall have the
  following powers and duties:
    (a)  To  review the allocations and expenditures of the department for
  the care, management, protection and enlargement of marine resources and
  report  to  the  commissioner  by  January  first  of  each  year.   The
  commissioner  shall, by February first of each year, submit such report,
  in its  entirety,  to  the  governor,  the  legislature  and  interested
  individuals and organizations. Such report shall include the findings of
  the  advisory  council  regarding  such  allocations  and  expenditures,
  including expenditures and appropriations from the conservation fund and
  the extent to which such expenditures and appropriations are  consistent
  with the requirements of state law.
    (b)  To  make  reports and release information from time to time as it
  deems necessary to commercial and recreational harvesters and  users  of

  marine  resources  and the general public regarding the marine resources
  program.
    (c)  To  consult  with  commercial  and  recreational  users of marine
  resources and make recommendations on program  needs  and  on  how  such
  needs shall be met.
    (d) To assist the department's efforts to expand the available sources
  of  income  for  the  marine resources account and advise the department
  with respect  to  the  needs  of  those  industries  involved  with  the
  commercial and recreational harvesting of marine resources.
    (e)  To review proposed regulations pertaining to the conservation and
  management  of  marine  fisheries,  to  consult  with   commercial   and
  recreational  users of such fisheries regarding such regulations, and to
  make recommendations  and  comments  to  the  department  regarding  the
  adoption and modification of such regulations consistent with the policy
  and principles set forth in section 13-0105 of this article.
    5.  Term  of appointment. All members of the council shall serve terms
  of three years provided, however, that of the members  first  appointed,
  one-third  shall be appointed for a term of three years, one-third shall
  be appointed for a term of two years, and one-third shall  be  appointed
  for  a  term of one year. An appointment to fill a vacancy shall be made
  for the remainder of the  affected  term  in  the  same  manner  as  the
  original  appointment  was  made.  Such appointment shall be made within
  sixty days of the date the position becomes vacant.
    5-a. Term of  appointment.  The  new  members  appointed  pursuant  to
  subdivision  two  of this section as amended by a chapter of the laws of
  1994 entitled "AN ACT to amend the environmental  conservation  law,  in
  relation   to   establishing   the  marine  fisheries  conservation  and
  management policy, various other provisions relating to  the  management
  of  marine  resources  and  repealing  paragraph  d  of subdivision 2 of
  section 11-1319 of such law relating to the sale of billfish"  shall  be
  appointed  to  terms  as  follows:  the member appointed by the majority
  leader of the senate and the member appointed  by  the  speaker  of  the
  assembly  shall  each  be appointed to a term of three years; and of the
  two members appointed by the commissioner, one shall be appointed  to  a
  term  of  two  years  and  the other shall be appointed to a term of one
  year.
    6. State assistance. The commissioner shall make any and all documents
  readily available to the council which the council indicates are  needed
  to   properly   and  thoroughly  carry  out  its  responsibilities.  The
  commissioner  shall  also  make  available  to  the  council  such   aid
  reasonably  necessary  to  allow the council to carry out its duties and
  responsibilities.