N.Y. Environmental Conservation Law § 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.