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

§ 13-0301. Lease of state-owned underwater lands for shellfish\n cultivation.\n 1. Leases. a. Except as provided in paragraph b of this subdivision,\nthe department may lease state-owned underwater lands within the marine\nand coastal district for the cultivation of shellfish. The written\napproval of the office of general services shall be obtained for the\nlease of land within five hundred feet of the high water mark.\n b. The following lands underwater shall not be leased: (i) lands where\nthere is an indicated presence of shellfish in sufficient quantity and\nquality and so located as to support significant hand raking or tonging\nharvesting; (ii) lands where the leasing will result in a significant\nreduction to established commercial finfish or crustacean fisheries;\n(iii) lands where bay scallops are produced regularly on a commercial\nbasis; and (iv) lands underwater of Gardiner's and Peconic bays and the\ntributaries thereof between the westerly shore of Great Peconic bay and\nan easterly line running from the most easterly point of Plum Island to\nGoff point at the entrance of Napeaque harbor.\n 2. Regulations. a. Regulations adopted by the department for the\nimplementation and administration of this section shall include\nregulations with respect to leasing forms and procedures; public notice\nof leasing; execution of leases; minimum rental fees; bidding\nprocedures; posting and forfeiture of financial security, renewals,\ntermination and assignment of leases; marking and testing of grounds;\nmaintenance of boundary markers; collection of rental and recording\nfees; submission and approval of cultivation plans; harvesting gear;\nacreage of lands to be let and term of leases and other matters\npertinent to underwater land use and shellfish cultivation.\n b. Regulations adopted by the department for the implementation and\nadministration of this section shall include the following requirements:\n(i) leases shall be awarded after public auction following due notice;\n(ii) leases shall be awarded to the highest responsible bidder; (iii)\nbidders shall provide a detailed cultivation plan; and (iv) cultivation\nof shellfish shall commence within one year of the award of the lease.\n 3. Summary proceedings. Upon failure to pay the rental on any date due\nunder the terms of the lease or upon revocation, the department may,\nafter written notice to the lessee, declare the lease cancelled as of\nthe date set forth in such notice, and may immediately thereafter evict\nthe lessee from such lands. The provisions of article seven of the real\nproperty actions and proceedings law shall apply and govern the\nprocedure in such cases.\n 4. Limitations. The commissioner of general services shall not grant\nor lease lands for shellfish cultivation. The public shall not be\nexcluded from the taking of shellfish from underwater lands granted or\nleased by such commissioner for other purposes; provided, however, that\nshould any grant or lease made by such commissioner for such other\npurposes include lands leased by the department for shellfish\ncultivation the lessee for shellfish cultivation shall have the\nexclusive right to use and take shellfish from such leased lands for a\nperiod of two years from the date of the grant or lease by such\ncommissioner or until the expiration of the shellfish cultivation lease,\nwhichever is the earliest, and may prior to the expiration of such\nperiod, remove and transplant the shellfish from such lands to other\nlands leased, owned or controlled by such lessee.\n