2023 New York Laws › ENV - Environmental Conservation › Article 13 - Marine and Coastal Resources › Title 3 - 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.