N.Y. Environmental Conservation Law § 13-0302: Lands underwater of Gardiner's and Peconic bays

§ 13-0302. Lands underwater of Gardiner's and Peconic bays.

1. Underwater lands ceded to county of Suffolk. All the right, title

and interest in which the people of the state of New York have in and to

the lands under water of Gardiner's and Peconic bays in the county of

Suffolk, except underwater lands within one thousand feet of the high

water mark is hereby ceded to such county, for the purposes of shellfish

or seaweed cultivation, to be managed and controlled by such county,

provided that such lands shall revert to the state when they shall cease

to be used for shellfish or seaweed cultivation. For the purposes of

this section, the term "Gardiner's and Peconic bays" shall mean the

waters 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 Napeague harbor.

2. Ratification. The grant of lands under the waters of Gardiner's and

Peconic bays, by the commissioners of shell fisheries, in accordance

with the provisions of chapter 385 of the laws of 1884, as amended,

subsequently held and used by the grantees, heirs, successors, and

assigns on which all taxes and assessments have been paid, are hereby

ratified and confirmed. Any underwater lands in Gardiner's and Peconic

Bays previously granted that revert or escheat to the state or are

subject to tax deed by the county of Suffolk shall be available to the

county for leasing pursuant to this section. All other lands under such

waters, which pursuant to such chapters, have escheated or reverted to

the state, are hereby ceded to Suffolk county for the purposes of the

cultivation of shellfish or seaweed, subject to existing valid grants

and easements; provided however, that nothing in this section shall

interfere with the right of the commissioner of general services to

grant lands and easements under water to owners of adjacent uplands,

pursuant to the provisions of the public lands law, or of the

legislature to make such grants without regard to upland ownership, and

to grant franchises to utilities, municipalities and governmental,

educational, or scientific bodies for cables, outfalls, ecological

studies, and experimentation with controlled marine life.

3. Leases for shellfish cultivation. Suffolk county may lease lands

under water ceded to it by the state for the purpose of shellfish

cultivation. Provided if no such leases have been executed by December

thirty-first, two thousand ten, such authority to lease pursuant to this

section shall terminate.

a. Leases may be issued only within areas designated as shellfish

cultivation zones on a map or maps to be prepared and approved by the

county of Suffolk.

b. No lease shall be granted except upon written application on forms

furnished by the county of Suffolk, and properly executed and signed by

the applicant.

c. Before a lease is approved, notice shall be provided for at least

two months by posting such notice at the bureau of marine resources in

the department, the office of the county clerk, and the office of the

town clerk in which all or any part of the lands to be leased are

located. Such notice shall also be published in the official newspaper

of the county. The notice shall include the name of the lessee, the

boundaries of the lease, and the area of the lease. A copy of the

proposed lease shall be available for public inspection and copying in

the office of the county clerk.

4. Establishment of shellfish cultivation zones. Before leasing or

using the lands hereby ceded to it, the county of Suffolk shall cause an

accurate survey to be made of such lands, and a map or maps to be

prepared therefrom. Such map or maps shall establish shellfish

cultivation zones within Gardiner's and Peconic bays. Such map or maps

shall be approved by local law. After such map or maps have been

adopted, the county shall have the authority to issue leases for

shellfish cultivation within the shellfish cultivation zones, as

provided herein. Such map or maps shall be updated by the county of

Suffolk every five years.

a. Underwater lands within one thousand feet of the high water mark

shall not be included in a shellfish cultivation zone.

b. Underwater lands where bay scallops are produced regularly and

harvested on a commercial basis shall not be included in a shellfish

cultivation zone.

c. Underwater lands where there is an indicated presence of shellfish

in sufficient quantity and quality and so located as to support

significant hand raking and/or tonging harvesting shall not be included

in a shellfish cultivation zone.

d. Underwater lands where the leasing will result in a significant

reduction of established commercial finfish or crustacean fisheries

shall not be included in a shellfish cultivation zone.

5. Regulations for shellfish cultivation. The county shall, by local

law, before leasing any such underwater lands, adopt regulations

governing:

a. applications for leases;

b. notices to be given;

c. the form and terms of leases;

d. standards for the approval or denial of leases;

e. administration of leases;

f. the transfer or renewal of leases;

g. marking grounds and testing;

h. fees;

i. recording of leases;

j. bonds; and

k. such other matters as are appropriate to the leasing program.

6. Department authority over shellfish cultivation. Notwithstanding

any of the provisions of this section:

a. any person engaging in the cultivation or harvesting of shellfish

in a shellfish cultivation zone pursuant to this section shall obtain a

permit in accordance with section 13-0316 of this title; and

b. the department shall regulate and control the use of certain types

of vessels and equipment for harvesting shellfish, requirements for

reseeding, the right to enter upon such leased lands for reseeding or

making shellfish population surveys, and enforce all other applicable

state laws relating to said underwater lands.

7. Leases for seaweed cultivation. Suffolk county may lease lands

under water ceded to it by the state for the purpose of seaweed

cultivation, provided if no such leases have been executed by December

thirty-first, two thousand thirty-one, such authority to lease pursuant

to this section shall terminate. Nothing shall preclude the county from

issuing a single lease to an applicant for both shellfish and seaweed,

provided that the application complies with all the requirements of this

section. For the purposes of this section, "seaweed" means any marine

macroalgae that is native or indigenous to the marine and coastal

district and approved by the commissioner for cultivation in the waters

of Gardiner's and Peconic bays.

a. Leases may be issued only within areas designated as seaweed

cultivation zones on a map or maps to be prepared and approved by the

county of Suffolk.

b. No lease shall be granted, except upon written application on forms

furnished by the county of Suffolk, and properly executed and signed by

the applicant.

c. Before a lease is approved, notice shall be provided for at least

two months by posting such notice at the division of marine resources in

the department, the office of the county clerk, and the office of the

town clerk in which all or any part of the lands to be leased are

located. Such notice shall also be published in the official newspaper

of the county. The notice shall include the name of the lessee, the

boundaries of the lease, and the area of the lease. A copy of the

proposed lease shall be available for public inspection and copying in

the office of the county clerk.

8. Establishment of seaweed cultivation zones. Before leasing or using

the lands hereby ceded to it for seaweed cultivation, the county of

Suffolk shall cause an accurate survey to be made of such lands, and a

map or maps to be prepared therefrom. Such map or maps shall establish

seaweed cultivation zones within Gardiner's and Peconic bays. Such map

or maps shall be approved by local law. After such map or maps have been

adopted, the county shall have the authority to issue leases for seaweed

cultivation within the seaweed cultivation zones, as provided herein.

Such map or maps shall be updated by the county of Suffolk every five

years.

a. Underwater lands within one thousand feet of the high water mark

shall not be included in a seaweed cultivation zone.

b. Underwater lands where bay scallops are produced regularly and

harvested on a commercial basis shall not be included in a seaweed

cultivation zone.

c. Underwater lands where there is an indicated presence of shellfish

in sufficient quantity and quality and so located as to support

significant hand raking and/or tonging harvesting shall not be included

in a seaweed cultivation zone.

d. Underwater lands where the leasing will result in a significant

reduction of established commercial finfish or crustacean fisheries

shall not be included in a seaweed cultivation zone.

9. Regulations for seaweed cultivation. The county shall, by local

law, before leasing any such underwater lands, adopt regulations

governing:

a. applications for leases;

b. notices to be given;

c. the form and terms of leases;

d. standards for the approval or denial of leases;

e. administration of leases;

f. the transfer or renewal of leases;

g. marking grounds and testing;

h. fees;

i. recording of leases;

j. bonds; and

k. such other matters as are appropriate to the leasing program.

10. Department authority over seaweed cultivation. Notwithstanding any

of the provisions of this section:

a. any person engaging in the cultivation or harvesting of seaweed in

a seaweed cultivation zone pursuant to this section shall obtain all

permits required by this chapter;

b. the department may regulate and control the use of certain types of

vessels and equipment for harvesting seaweed, requirements for

reseeding, the right to enter upon such leased lands, and enforce all

other applicable state laws relating to said underwater lands; and

c. any person engaging in the cultivation or harvesting of seaweed in

a seaweed cultivation zone pursuant to this section shall obtain a

permit in accordance with section 13-0316 of this title.

11. Duties of the county clerk. Leases issued pursuant to this section

shall be recorded in the office of the county clerk in the manner and

form to be determined by local law as provided in subdivision five of

this section.

12. Summary proceedings. Upon the failure of a lessee to pay the

rental on any date due under the terms of the lease or upon revocation

as provided for by local law pursuant to subdivision five or seven of

this section, the county 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 case.

13. Disposition of fees and rents. All fees and rents received shall

be deposited into the general fund of the county. However, in the

alternative, nothing shall prohibit the county of Suffolk, by local law,

from establishing a special fund for the promotion of aquaculture where

such fees and rents shall be deposited.

14. Suffolk county shall be authorized to allow the underwater lands

at Gardiner's and Peconic Bays within the shellfish cultivation zone to

be used for the implementation of a pilot program to conduct research

and scientific assessment of the feasibility of seaweed cultivation.

Such pilot program shall be limited to persons holding a lease from

Suffolk county for shellfish cultivation and shall be limited to a total

of five acres of such cultivation zone provided that any one person may

be authorized to conduct seaweed cultivation on no more than one acre of

the lease. Suffolk county shall provide a report to the legislature and

the department on the pilot program no later than January first, two

thousand twenty-six.