NYSAquaNews Vol. 5 #1
January 2, 2013
New Black Bass Regulations Allow Sales As Food Commodity
On June 22, 2011 a delegation of fish farmers from the New York State Aquaculture Association met with DEC Commissioner Joseph Martens and high ranking members of his staff to discuss issues facing the
industry. The Association's delegation consisted of Darin Hickling, Hicklings Fish Farm; David Relyea, FM Flower and Son Oyster Bay LI; Bill Brauninger, Slit Rock Shellfish, LLC.; Jeff Williams, NY Farm Bureau, and myself. The Commissioner's delegation consisted of Assistant Commissioner Chris Amato, Patricia
Riexinger, Director, Division of Fish, Wildlife and Marine Resources; and Phil Hulbert, Chief of the Bureau of Fisheries.
Since that time much work has been done in crafting new language to existing black bass regulations to allow for sales of black bass as a food commodity. Our intent was to create circumstances which would allow largemouth bass to be sold as a food item by third party vendors such as fish markets, grocery stores and restaurants. Several meetings took place, draft copies of proposals exchanged and several public comment
periods published, all to get us to a final workable revision of the black bass regulations. On January 2, 2013, the new regulations will be published in the NYS Register and go into effect on that date. I have attached a copy of the regulations as they appeared for public comment in the September 5, 2012 edition of the NYS Register. These are essentially the same as those that will appear on Jan. 2nd.
When reviewing the regulations, you will notice that ONLY LICENSED GROWERS will be eligible to raise and sell largemouth bass as a food commodity. Specific criteria has been developed defining what constitutes a fish farm, along with an extensive paper trail tracking each largemouth bass sales transaction from the farm to the final customer. This paper trail may sound complicated, but once underway, follows a logical paper trail of receipts one would normally use for any type of commodity transaction. Growers, wholesalers and retailers will need to keep their portion of the sales transactions (receipts) on file for two years and have them available for DEC Investigators to inspect during reasonable business hours. Only LARGEMOUTH BASS will be sold as a food commodity fish; all other bass such as smallmouth bass, WILL NOT be part of this new food commodity category. Regulations for sportsman and the public at large, have not changed. As in the past and currently in effect, these groups will NOT be able to sell any black bass whatsoever and will be severely prosecuted if attempting to do so. All this is necessary to safeguard against wild fish stocks finding their way into the marketplace.
Those of you who have been in the aquaculture business for many years realize the monumental significance of these new regulation changes. Vince and Darin Hickling, of Hicklings Fish Farm in Edmeston, NY, have been advocating for these changes for more than 30 years. When I started my hatchery in 1993, I sent letters to DEC officials requesting permission to sell black bass as a food commodity. Two questionnaires from
DEC followed, one in 1995 and another in 2001, collecting background information regarding the sale of black bass for food purposes. Virtually no changes however, were forthcoming following those efforts. In December of 2007 the NYS Aquaculture Association contacted the New York Farm Bureau regarding this matter, and for the next 5 years worked closely with them, many state legislators and DEC Officials, to finally bring these important marketing changes into being this year. Truly, these new regulations have been an exercise in cooperation and compromise with, we hope, everyone coming out a winner.
With the legalization of the sale of largemouth bass as a food commodity, new markets and opportunities for growth will open up for every fish farmer in New York State. Advancements in technology and propagation of this species will allow fish farmers to grow largemouth on mass and at an economical price. The market for largemouth and other fish species, is insatiable in New York State. Those who already have their black
bass hatchery license will be able to develop local markets and sell their product immediately. Since markets for largemouth in other states command prices of $6 to $8 per pound for fish in the round, growers currently not raising largemouth will be encouraged to diversify their businesses and raise bass as a food commodity. No
longer will fish need to be trucked over state lines to be sold legally. Local customers, like restaurants, fish markets, farmer's markets and the like, will be able to buy largemouth bass directly from local growers and re-market them to their customers. A circumstance that was illegal in the past. Soon, largemouth bass will be common on menus and signs touting "Fish Grown in New York" will be appearing at store fish counter's everywhere. These new regulatory changes come at an opportune time and will boost bottom line profits for growers while encouraging the creation of new job opportunities in aquaculture across the state.
In any negotiation process, no group gets everything it wants. There was some apprehension on the part of some DEC officials and sportsman's groups regarding the selling of black bass as a food commodity and the protection of New York's wild fish resources from exploitation by poachers. Our compromise position in the negotiations was to legalize only largemouth bass as a food commodity and leave all other bass, especially smallmouth bass, protected as they are now. Also, we felt that by flooding the marketplace with inexpensive farm raised largemouth bass poachers would be discouraged from practicing their craft on our wild fish populations. Why would anyone risk incarceration, fines and adverse publicity in their local news media for poaching wild largemouth bass, when they could buy all they want legally for $6 or $8 per pound? As fish farmers and aquaculture enthusiasts, we all have a civic responsibility in keeping our wild stocks of fish safe from exploitation by unscrupulous individuals. Daily involvement in the business of aquaculture puts each of us in a unique position to possibly observe illegal activities and transactions taking place. This Association and its
membership must strongly oppose the poaching of wild stocks of black bass and do everything it can to keep wild stocks of bass out of the marketplace. If you see illegal poaching or sales transactions taking place, it is your obligation to contact DEC Officials and report those illegal activities and the individuals involved in a timely
manner. Working cooperatively with DEC law enforcement to this end, will be critical in the continued growth and success of New York's aquaculture industry, as well as protecting our wild fish resources for the future.
Sincere Thank Yous are in Order
As I said earlier in this article, many individuals have worked many hours to bring these new regulations to fruition. Many Legislators, DEC Officials, Sportsman's Organizations and private citizens have supported our efforts for legalizing the sale of black bass as a food commodity over the years and their efforts are certainly appreciated and valued. Attempting to list everyone here runs the risk of inadvertently leaving out some key
players in the process. Therefore, I will restrict my comments to the support, guidance, encouragement and tireless hard work exhibited by the New York Farm Bureau and its talented staff for their unwavering efforts over the past five years on our behalf. Dean Norton, Julie Suarez, Kelly Young, Jeff Williams, all those in the FB legal department, research department and those others of whom I may not be aware, We at the NYS Aquaculture Association appreciate all you have done on our behalf and owe you a debt of gratitude for helping bringing these important positive changes to our industry. Words along can not convey the gratitude all of us feel regarding this industry changing accomplishment. We will continue to support the New York Farm Bureau
and encourage our membership to join NY Farm Bureau as well. New York Farm Bureau certainly works aquaculture and for all other aspects of agriculture across our state.
Your Friend in Aquaculture,
Ted Universal
President - NYSAA
January 2, 2013
New Black Bass Regulations Allow Sales As Food Commodity
On June 22, 2011 a delegation of fish farmers from the New York State Aquaculture Association met with DEC Commissioner Joseph Martens and high ranking members of his staff to discuss issues facing the
industry. The Association's delegation consisted of Darin Hickling, Hicklings Fish Farm; David Relyea, FM Flower and Son Oyster Bay LI; Bill Brauninger, Slit Rock Shellfish, LLC.; Jeff Williams, NY Farm Bureau, and myself. The Commissioner's delegation consisted of Assistant Commissioner Chris Amato, Patricia
Riexinger, Director, Division of Fish, Wildlife and Marine Resources; and Phil Hulbert, Chief of the Bureau of Fisheries.
Since that time much work has been done in crafting new language to existing black bass regulations to allow for sales of black bass as a food commodity. Our intent was to create circumstances which would allow largemouth bass to be sold as a food item by third party vendors such as fish markets, grocery stores and restaurants. Several meetings took place, draft copies of proposals exchanged and several public comment
periods published, all to get us to a final workable revision of the black bass regulations. On January 2, 2013, the new regulations will be published in the NYS Register and go into effect on that date. I have attached a copy of the regulations as they appeared for public comment in the September 5, 2012 edition of the NYS Register. These are essentially the same as those that will appear on Jan. 2nd.
When reviewing the regulations, you will notice that ONLY LICENSED GROWERS will be eligible to raise and sell largemouth bass as a food commodity. Specific criteria has been developed defining what constitutes a fish farm, along with an extensive paper trail tracking each largemouth bass sales transaction from the farm to the final customer. This paper trail may sound complicated, but once underway, follows a logical paper trail of receipts one would normally use for any type of commodity transaction. Growers, wholesalers and retailers will need to keep their portion of the sales transactions (receipts) on file for two years and have them available for DEC Investigators to inspect during reasonable business hours. Only LARGEMOUTH BASS will be sold as a food commodity fish; all other bass such as smallmouth bass, WILL NOT be part of this new food commodity category. Regulations for sportsman and the public at large, have not changed. As in the past and currently in effect, these groups will NOT be able to sell any black bass whatsoever and will be severely prosecuted if attempting to do so. All this is necessary to safeguard against wild fish stocks finding their way into the marketplace.
Those of you who have been in the aquaculture business for many years realize the monumental significance of these new regulation changes. Vince and Darin Hickling, of Hicklings Fish Farm in Edmeston, NY, have been advocating for these changes for more than 30 years. When I started my hatchery in 1993, I sent letters to DEC officials requesting permission to sell black bass as a food commodity. Two questionnaires from
DEC followed, one in 1995 and another in 2001, collecting background information regarding the sale of black bass for food purposes. Virtually no changes however, were forthcoming following those efforts. In December of 2007 the NYS Aquaculture Association contacted the New York Farm Bureau regarding this matter, and for the next 5 years worked closely with them, many state legislators and DEC Officials, to finally bring these important marketing changes into being this year. Truly, these new regulations have been an exercise in cooperation and compromise with, we hope, everyone coming out a winner.
With the legalization of the sale of largemouth bass as a food commodity, new markets and opportunities for growth will open up for every fish farmer in New York State. Advancements in technology and propagation of this species will allow fish farmers to grow largemouth on mass and at an economical price. The market for largemouth and other fish species, is insatiable in New York State. Those who already have their black
bass hatchery license will be able to develop local markets and sell their product immediately. Since markets for largemouth in other states command prices of $6 to $8 per pound for fish in the round, growers currently not raising largemouth will be encouraged to diversify their businesses and raise bass as a food commodity. No
longer will fish need to be trucked over state lines to be sold legally. Local customers, like restaurants, fish markets, farmer's markets and the like, will be able to buy largemouth bass directly from local growers and re-market them to their customers. A circumstance that was illegal in the past. Soon, largemouth bass will be common on menus and signs touting "Fish Grown in New York" will be appearing at store fish counter's everywhere. These new regulatory changes come at an opportune time and will boost bottom line profits for growers while encouraging the creation of new job opportunities in aquaculture across the state.
In any negotiation process, no group gets everything it wants. There was some apprehension on the part of some DEC officials and sportsman's groups regarding the selling of black bass as a food commodity and the protection of New York's wild fish resources from exploitation by poachers. Our compromise position in the negotiations was to legalize only largemouth bass as a food commodity and leave all other bass, especially smallmouth bass, protected as they are now. Also, we felt that by flooding the marketplace with inexpensive farm raised largemouth bass poachers would be discouraged from practicing their craft on our wild fish populations. Why would anyone risk incarceration, fines and adverse publicity in their local news media for poaching wild largemouth bass, when they could buy all they want legally for $6 or $8 per pound? As fish farmers and aquaculture enthusiasts, we all have a civic responsibility in keeping our wild stocks of fish safe from exploitation by unscrupulous individuals. Daily involvement in the business of aquaculture puts each of us in a unique position to possibly observe illegal activities and transactions taking place. This Association and its
membership must strongly oppose the poaching of wild stocks of black bass and do everything it can to keep wild stocks of bass out of the marketplace. If you see illegal poaching or sales transactions taking place, it is your obligation to contact DEC Officials and report those illegal activities and the individuals involved in a timely
manner. Working cooperatively with DEC law enforcement to this end, will be critical in the continued growth and success of New York's aquaculture industry, as well as protecting our wild fish resources for the future.
Sincere Thank Yous are in Order
As I said earlier in this article, many individuals have worked many hours to bring these new regulations to fruition. Many Legislators, DEC Officials, Sportsman's Organizations and private citizens have supported our efforts for legalizing the sale of black bass as a food commodity over the years and their efforts are certainly appreciated and valued. Attempting to list everyone here runs the risk of inadvertently leaving out some key
players in the process. Therefore, I will restrict my comments to the support, guidance, encouragement and tireless hard work exhibited by the New York Farm Bureau and its talented staff for their unwavering efforts over the past five years on our behalf. Dean Norton, Julie Suarez, Kelly Young, Jeff Williams, all those in the FB legal department, research department and those others of whom I may not be aware, We at the NYS Aquaculture Association appreciate all you have done on our behalf and owe you a debt of gratitude for helping bringing these important positive changes to our industry. Words along can not convey the gratitude all of us feel regarding this industry changing accomplishment. We will continue to support the New York Farm Bureau
and encourage our membership to join NY Farm Bureau as well. New York Farm Bureau certainly works aquaculture and for all other aspects of agriculture across our state.
Your Friend in Aquaculture,
Ted Universal
President - NYSAA