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

New York § 13-0302

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Marine Fisheries
• Art. 13: Marine and Coastal Resources

Text

§ 13-0302. Lands underwater of Gardiner's and Peconic bays.\n 1. Underwater lands ceded to county of Suffolk. All the right, title\nand interest in which the people of the state of New York have in and to\nthe lands under water of Gardiner's and Peconic bays in the county of\nSuffolk, except underwater lands within one thousand feet of the high\nwater mark is hereby ceded to such county, for the purposes of shellfish\nor seaweed cultivation, to be managed and controlled by such county,\nprovided that such lands shall revert to the state when they shall cease\nto be used for shellfish or seaweed cultivation. For the purposes of\nthis section, the term "Gardiner's and Peconic bays" shall mean the\nwaters of Gardiner's and Peconic bays and the tributaries thereof\nbetween the westerly shore of Great Peconic bay and an easterly line\nrunning from the most easterly point of Plum island to Goff point at the\nentrance of Napeague harbor.\n 2. Ratification. The grant of lands under the waters of Gardiner's and\nPeconic bays, by the commissioners of shell fisheries, in accordance\nwith the provisions of chapter 385 of the laws of 1884, as amended,\nsubsequently held and used by the grantees, heirs, successors, and\nassigns on which all taxes and assessments have been paid, are hereby\nratified and confirmed. Any underwater lands in Gardiner's and Peconic\nBays previously granted that revert or escheat to the state or are\nsubject to tax deed by the county of Suffolk shall be available to the\ncounty for leasing pursuant to this section. All other lands under such\nwaters, which pursuant to such chapters, have escheated or reverted to\nthe state, are hereby ceded to Suffolk county for the purposes of the\ncultivation of shellfish or seaweed, subject to existing valid grants\nand easements; provided however, that nothing in this section shall\ninterfere with the right of the commissioner of general services to\ngrant lands and easements under water to owners of adjacent uplands,\npursuant to the provisions of the public lands law, or of the\nlegislature to make such grants without regard to upland ownership, and\nto grant franchises to utilities, municipalities and governmental,\neducational, or scientific bodies for cables, outfalls, ecological\nstudies, and experimentation with controlled marine life.\n 3. Leases for shellfish cultivation. Suffolk county may lease lands\nunder water ceded to it by the state for the purpose of shellfish\ncultivation. Provided if no such leases have been executed by December\nthirty-first, two thousand ten, such authority to lease pursuant to this\nsection shall terminate.\n a. Leases may be issued only within areas designated as shellfish\ncultivation zones on a map or maps to be prepared and approved by the\ncounty of Suffolk.\n b. No lease shall be granted except upon written application on forms\nfurnished by the county of Suffolk, and properly executed and signed by\nthe applicant.\n c. Before a lease is approved, notice shall be provided for at least\ntwo months by posting such notice at the bureau of marine resources in\nthe department, the office of the county clerk, and the office of the\ntown clerk in which all or any part of the lands to be leased are\nlocated. Such notice shall also be published in the official newspaper\nof the county. The notice shall include the name of the lessee, the\nboundaries of the lease, and the area of the lease. A copy of the\nproposed lease shall be available for public inspection and copying in\nthe office of the county clerk.\n 4. Establishment of shellfish cultivation zones. Before leasing or\nusing the lands hereby ceded to it, the county of Suffolk shall cause an\naccurate survey to be made of such lands, and a map or maps to be\nprepared therefrom. Such map or maps shall establish shellfish\ncultivation zones within Gardiner's and Peconic bays. Such map or maps\nshall be approved by local law. After such map or maps have been\nadopted, the county shall have the authority to issue leases for\nshellfish cultivation within the shellfish cultivation zones, as\nprovided herein. Such map or maps shall be updated by the county of\nSuffolk every five years.\n a. Underwater lands within one thousand feet of the high water mark\nshall not be included in a shellfish cultivation zone.\n b. Underwater lands where bay scallops are produced regularly and\nharvested on a commercial basis shall not be included in a shellfish\ncultivation zone.\n c. Underwater lands where there is an indicated presence of shellfish\nin sufficient quantity and quality and so located as to support\nsignificant hand raking and/or tonging harvesting shall not be included\nin a shellfish cultivation zone.\n d. Underwater lands where the leasing will result in a significant\nreduction of established commercial finfish or crustacean fisheries\nshall not be included in a shellfish cultivation zone.\n 5. Regulations for shellfish cultivation. The county shall, by local\nlaw, before leasing any such underwater lands, adopt regulations\ngoverning:\n a. applications for leases;\n b. notices to be given;\n c. the form and terms of leases;\n d. standards for the approval or denial of leases;\n e. administration of leases;\n f. the transfer or renewal of leases;\n g. marking grounds and testing;\n h. fees;\n i. recording of leases;\n j. bonds; and\n k. such other matters as are appropriate to the leasing program.\n 6. Department authority over shellfish cultivation. Notwithstanding\nany of the provisions of this section:\n a. any person engaging in the cultivation or harvesting of shellfish\nin a shellfish cultivation zone pursuant to this section shall obtain a\npermit in accordance with section 13-0316 of this title; and\n b. the department shall regulate and control the use of certain types\nof vessels and equipment for harvesting shellfish, requirements for\nreseeding, the right to enter upon such leased lands for reseeding or\nmaking shellfish population surveys, and enforce all other applicable\nstate laws relating to said underwater lands.\n 7. Leases for seaweed cultivation. Suffolk county may lease lands\nunder water ceded to it by the state for the purpose of seaweed\ncultivation, provided if no such leases have been executed by December\nthirty-first, two thousand thirty-one, such authority to lease pursuant\nto this section shall terminate. Nothing shall preclude the county from\nissuing a single lease to an applicant for both shellfish and seaweed,\nprovided that the application complies with all the requirements of this\nsection. For the purposes of this section, "seaweed" means any marine\nmacroalgae that is native or indigenous to the marine and coastal\ndistrict and approved by the commissioner for cultivation in the waters\nof Gardiner's and Peconic bays.\n a. Leases may be issued only within areas designated as seaweed\ncultivation zones on a map or maps to be prepared and approved by the\ncounty of Suffolk.\n b. No lease shall be granted, except upon written application on forms\nfurnished by the county of Suffolk, and properly executed and signed by\nthe applicant.\n c. Before a lease is approved, notice shall be provided for at least\ntwo months by posting such notice at the division of marine resources in\nthe department, the office of the county clerk, and the office of the\ntown clerk in which all or any part of the lands to be leased are\nlocated. Such notice shall also be published in the official newspaper\nof the county. The notice shall include the name of the lessee, the\nboundaries of the lease, and the area of the lease. A copy of the\nproposed lease shall be available for public inspection and copying in\nthe office of the county clerk.\n 8. Establishment of seaweed cultivation zones. Before leasing or using\nthe lands hereby ceded to it for seaweed cultivation, the county of\nSuffolk shall cause an accurate survey to be made of such lands, and a\nmap or maps to be prepared therefrom. Such map or maps shall establish\nseaweed cultivation zones within Gardiner's and Peconic bays. Such map\nor maps shall be approved by local law. After such map or maps have been\nadopted, the county shall have the authority to issue leases for seaweed\ncultivation within the seaweed cultivation zones, as provided herein.\nSuch map or maps shall be updated by the county of Suffolk every five\nyears.\n a. Underwater lands within one thousand feet of the high water mark\nshall not be included in a seaweed cultivation zone.\n b. Underwater lands where bay scallops are produced regularly and\nharvested on a commercial basis shall not be included in a seaweed\ncultivation zone.\n c. Underwater lands where there is an indicated presence of shellfish\nin sufficient quantity and quality and so located as to support\nsignificant hand raking and/or tonging harvesting shall not be included\nin a seaweed cultivation zone.\n d. Underwater lands where the leasing will result in a significant\nreduction of established commercial finfish or crustacean fisheries\nshall not be included in a seaweed cultivation zone.\n 9. Regulations for seaweed cultivation. The county shall, by local\nlaw, before leasing any such underwater lands, adopt regulations\ngoverning:\n a. applications for leases;\n b. notices to be given;\n c. the form and terms of leases;\n d. standards for the approval or denial of leases;\n e. administration of leases;\n f. the transfer or renewal of leases;\n g. marking grounds and testing;\n h. fees;\n i. recording of leases;\n j. bonds; and\n k. such other matters as are appropriate to the leasing program.\n 10. Department authority over seaweed cultivation. Notwithstanding any\nof the provisions of this section:\n a. any person engaging in the cultivation or harvesting of seaweed in\na seaweed cultivation zone pursuant to this section shall obtain all\npermits required by this chapter;\n b. the department may regulate and control the use of certain types of\nvessels and equipment for harvesting seaweed, requirements for\nreseeding, the right to enter upon such leased lands, and enforce all\nother applicable state laws relating to said underwater lands; and\n c. any person engaging in the cultivation or harvesting of seaweed in\na seaweed cultivation zone pursuant to this section shall obtain a\npermit in accordance with section 13-0316 of this title.\n 11. Duties of the county clerk. Leases issued pursuant to this section\nshall be recorded in the office of the county clerk in the manner and\nform to be determined by local law as provided in subdivision five of\nthis section.\n 12. Summary proceedings. Upon the failure of a lessee to pay the\nrental on any date due under the terms of the lease or upon revocation\nas provided for by local law pursuant to subdivision five or seven of\nthis section, the county may, after written notice to the lessee declare\nthe lease cancelled as of the date set forth in such notice, and may\nimmediately thereafter evict the lessee from such lands. The provisions\nof article seven of the real property actions and proceedings law shall\napply and govern the procedure in such case.\n 13. Disposition of fees and rents. All fees and rents received shall\nbe deposited into the general fund of the county. However, in the\nalternative, nothing shall prohibit the county of Suffolk, by local law,\nfrom establishing a special fund for the promotion of aquaculture where\nsuch fees and rents shall be deposited.\n 14. Suffolk county shall be authorized to allow the underwater lands\nat Gardiner's and Peconic Bays within the shellfish cultivation zone to\nbe used for the implementation of a pilot program to conduct research\nand scientific assessment of the feasibility of seaweed cultivation.\nSuch pilot program shall be limited to persons holding a lease from\nSuffolk county for shellfish cultivation and shall be limited to a total\nof five acres of such cultivation zone provided that any one person may\nbe authorized to conduct seaweed cultivation on no more than one acre of\nthe lease. Suffolk county shall provide a report to the legislature and\nthe department on the pilot program no later than January first, two\nthousand twenty-six.\n