N.Y. Executive Law § 961-a: Legislative findings and intent

§ 961-a. Legislative findings and intent. The legislature hereby finds

that the tidal waters located between the southern shore of Long Island

and the coastal barrier beaches constitute a maritime region of

statewide importance, referred to as the South Shore Estuary.

The legislature finds that within the South Shore Estuary and the

associated lands and water bodies that discharge into or affect the

South Shore Estuary, that the federal, state and local governments own

and manage significant interdependent properties in the form of parks,

preserves, historic sites, open space and underwater lands, which help

to sustain biological productivity and diversity, economic viability and

recreational enjoyment.

The legislature also finds that the South Shore Estuary System

contains and supports many unique marine habitats and locally

significant populations and a diversity of rare, threatened and

endangered species of plants and animals and the protection of their

habitats is in the best interest of the people of New York.

The legislature further finds that the South Shore Estuary system

contains numerous streams that flow into the bays; freshwater and tidal

wetlands that serve as a breeding ground, source of primary production

for the food chain and a natural filter media; and productive clam

fisheries that are mutually supportive and ultimately dependent upon the

maintenance of the hydrologic and ecologic integrity of the region.

The legislature, in addition, finds that the South Shore Estuary is of

tremendous economic and social importance to the state, containing the

largest concentration of recreational and commercial vessels, marinas

and other water dependent businesses, supporting hundreds of baymen with

a livelihood harvesting clams, finfish and other marine organisms and

providing recreation opportunities to millions of residents and tourists

each year.

The legislature finds that there is a multitude of governmental

entities and agencies that share responsibility for the regulation,

management, and protection of the Estuary and its resources and which

govern private and public land use and activities; and despite existing

programs, the water quality and productivity of the South Shore Estuary

have declined due to the intensity and variety of land uses in a highly

developed suburban setting which produce point and nonpoint source of

pollution.

The legislature finds that this region, in which there are private and

public water and land uses which depend upon the health and productivity

of the South Shore Estuary, could better be protected and managed

through the development of a comprehensive management plan.

Therefore, the legislature finds that the purpose of this article is

to provide a means for public and private interests to act collectively

and pool resources and expertise to: integrate and coordinate existing

programs and studies; identify and make recommendations to mitigate

pollution sources in order to maintain or enhance water quality,

maximize natural productivity and improve management of shellfish

harvest areas to insure economic viability and minimize health risk;

make recommendations on policies designed to balance the preservation of

natural resources while providing adequate access and use of resources

for the public as well as stability for water dependent businesses and

tourism; make recommendations on methods to protect the value of

existing public and private investment that has already been made in the

region; and provide direction for state and local governments to

protect, preserve and properly manage the unique natural resources of

the South Shore estuary for the benefit of existing and future

generations.

However, it is not the legislature's intent for this article or the

management plan created pursuant to this article to be construed to

require or to be used as a basis for requiring a cumulative analysis or

a generic environmental impact statement pursuant to article eight of

the environmental conservation law from any applicant, owner of

property, the state, its political subdivision or any agencies thereof

as a precondition for the approval of any proposed development, action

or alteration of the same proposed to be undertaken within the

geographic area designated as the Long Island South Shore Estuary

Reserve, unless otherwise required by law.