Governor Hochul Vetoes Bill That Would Have Expanded Kelp Production

Late last month, Governor Kathy Hochul vetoed a bill that would have permitted the leasing of state-owned underwater lands for seaweed cultivation.

It was a move that came as a disappointment to some, including New York State Assemblyman Fred W. Thiele Jr., who said the veto amounts to a missed opportunity to help the state catch up with nearby regions when it comes to harnessing the dual benefits — both economic and environmental — that seaweed cultivation provides.

In a statement released on December 21, Thiele shared his thoughts on the veto.

“As New York continued to fight climate change and nitrogen pollution, this bill would have allowed more kelp farmers and local enterprises to participate in a growing industry that can provide substantial environmental benefits for the state,” the statement reads. “The Governor’s decision to veto this legislation is a missed opportunity to boost our economy and create new jobs for our maritime businesses.”

Thiele expanded on his thoughts earlier this week, saying that, in comparison to other nearby states, including in the New England area, New York is already falling behind when it comes to taking advantage of kelp production. Kelp is a valuable natural resource because it not only removes harmful pollutants like nitrogen, carbon and phosphorus from the water, but it is also a marketable product that can be harvested and used to produce marketable goods like organic fertilizer.

“New England is running circles around us when it comes to running programs with seaweed and kelp,” Thiele said.

Kelp production is already permitted and happening in the waters between the forks, in Peconic and Gardiners bays. The Shinnecock Nation has been cultivating and harvesting kelp since 2021, after tribal members Tela Troge, Darlene Troge, Becky Genia, Donna Collins-Smith, Waban Tarrant and Danielle Hopson-Begun founded the co-op Shinnecock Kelp Farmers, which works in partnership with other entities to grow and harvest kelp in Shinnecock Bay. It is the first Indigenous owned and operated kelp hatchery and farming collective on the East Coast.

Because of the urgency of the climate crisis, and the dual benefits that seaweed cultivation represents, Thiele and other supporters of the bill would like to see more underwater land made available to expand production. He said that while he was disappointed in the veto, he remains hopeful that the goal will come to fruition sooner rather than later.

“It wasn’t like the governor was saying this was a bad idea and that’s why we’re vetoing,” Thiele said.

A program run by the county for seaweed and kelp cultivation in the waters between the forks is in the beginning stages of implementation, and Thiele said Hochul vetoed the bill because she wants to see how that program works out before committing to allowing state lands to be leased for that purpose.

“It’s something we can revisit in the future, and I certainly intend to do that,” Thiele said. “That said, I’m still disappointed. Other states are ahead of us, and have proven the concept already, and New York runs the risk of falling further behind than it already is.”

Thiele said that in addition to continuing to promote the benefits of kelp cultivation and push for its expansion, he would also look into whether or not it would make sense for any future programs to not be administered solely by the Department of Environmental Conservation — which already administers the aquaculture production in those state-owned waters — but to also be under the jurisdiction of the state department of agriculture and markets.

“It’s one of those rare cases where you can improve water quality by producing an economically viable product,” Thiele said of his motivation to keep pushing for expanded kelp production. “It doesn’t get much better than that.”