N.Y. Environmental Conservation Law § 13-0301: Lease of state-owned underwater lands for shellfish cultivation

§ 13-0301. Lease of state-owned underwater lands for shellfish

cultivation.

1. Leases. a. Except as provided in paragraph b of this subdivision,

the department may lease state-owned underwater lands within the marine

and coastal district for the cultivation of shellfish. The written

approval of the office of general services shall be obtained for the

lease of land within five hundred feet of the high water mark.

b. The following lands underwater shall not be leased: (i) lands where

there is an indicated presence of shellfish in sufficient quantity and

quality and so located as to support significant hand raking or tonging

harvesting; (ii) lands where the leasing will result in a significant

reduction to established commercial finfish or crustacean fisheries;

(iii) lands where bay scallops are produced regularly on a commercial

basis; and (iv) lands underwater of Gardiner's and Peconic bays and the

tributaries thereof between the westerly shore of Great Peconic bay and

an easterly line running from the most easterly point of Plum Island to

Goff point at the entrance of Napeaque harbor.

2. Regulations. a. Regulations adopted by the department for the

implementation and administration of this section shall include

regulations with respect to leasing forms and procedures; public notice

of leasing; execution of leases; minimum rental fees; bidding

procedures; posting and forfeiture of financial security, renewals,

termination and assignment of leases; marking and testing of grounds;

maintenance of boundary markers; collection of rental and recording

fees; submission and approval of cultivation plans; harvesting gear;

acreage of lands to be let and term of leases and other matters

pertinent to underwater land use and shellfish cultivation.

b. Regulations adopted by the department for the implementation and

administration of this section shall include the following requirements:

(i) leases shall be awarded after public auction following due notice;

(ii) leases shall be awarded to the highest responsible bidder; (iii)

bidders shall provide a detailed cultivation plan; and (iv) cultivation

of shellfish shall commence within one year of the award of the lease.

3. Summary proceedings. Upon failure to pay the rental on any date due

under the terms of the lease or upon revocation, the department may,

after written notice to the lessee, declare the lease cancelled as of

the date set forth in such notice, and may immediately thereafter evict

the lessee from such lands. The provisions of article seven of the real

property actions and proceedings law shall apply and govern the

procedure in such cases.

4. Limitations. The commissioner of general services shall not grant

or lease lands for shellfish cultivation. The public shall not be

excluded from the taking of shellfish from underwater lands granted or

leased by such commissioner for other purposes; provided, however, that

should any grant or lease made by such commissioner for such other

purposes include lands leased by the department for shellfish

cultivation the lessee for shellfish cultivation shall have the

exclusive right to use and take shellfish from such leased lands for a

period of two years from the date of the grant or lease by such

commissioner or until the expiration of the shellfish cultivation lease,

whichever is the earliest, and may prior to the expiration of such

period, remove and transplant the shellfish from such lands to other

lands leased, owned or controlled by such lessee.