N.Y. EXC Law § 961-A — New York Code / Act EXC / Article 46 / Section 961-A
Legislative findings and intent
Status: in_force

§ 961-a. Legislative findings and intent. The legislature hereby finds\nthat the tidal waters located between the southern shore of Long Island\nand the coastal barrier beaches constitute a maritime region of\nstatewide importance, referred to as the South Shore Estuary.\n  The legislature finds that within the South Shore Estuary and the\nassociated lands and water bodies that discharge into or affect the\nSouth Shore Estuary, that the federal, state and local governments own\nand manage significant interdependent properties in the form of parks,\npreserves, historic sites, open space and underwater lands, which help\nto sustain biological productivity and diversity, economic viability and\nrecreational enjoyment.\n  The legislature also finds that the South Shore Estuary System\ncontains and supports many unique marine habitats and locally\nsignificant populations and a diversity of rare, threatened and\nendangered species of plants and animals and the protection of their\nhabitats is in the best interest of the people of New York.\n  The legislature further finds that the South Shore Estuary system\ncontains numerous streams that flow into the bays; freshwater and tidal\nwetlands that serve as a breeding ground, source of primary production\nfor the food chain and a natural filter media; and productive clam\nfisheries that are mutually supportive and ultimately dependent upon the\nmaintenance of the hydrologic and ecologic integrity of the region.\n  The legislature, in addition, finds that the South Shore Estuary is of\ntremendous economic and social importance to the state, containing the\nlargest concentration of recreational and commercial vessels, marinas\nand other water dependent businesses, supporting hundreds of baymen with\na livelihood harvesting clams, finfish and other marine organisms and\nproviding recreation opportunities to millions of residents and tourists\neach year.\n  The legislature finds that there is a multitude of governmental\nentities and agencies that share responsibility for the regulation,\nmanagement, and protection of the Estuary and its resources and which\ngovern private and public land use and activities; and despite existing\nprograms, the water quality and productivity of the South Shore Estuary\nhave declined due to the intensity and variety of land uses in a highly\ndeveloped suburban setting which produce point and nonpoint source of\npollution.\n  The legislature finds that this region, in which there are private and\npublic water and land uses which depend upon the health and productivity\nof the South Shore Estuary, could better be protected and managed\nthrough the development of a comprehensive management plan.\n  Therefore, the legislature finds that the purpose of this article is\nto provide a means for public and private interests to act collectively\nand pool resources and expertise to: integrate and coordinate existing\nprograms and studies; identify and make recommendations to mitigate\npollution sources in order to maintain or enhance water quality,\nmaximize natural productivity and improve management of shellfish\nharvest areas to insure economic viability and minimize health risk;\nmake recommendations on policies designed to balance the preservation of\nnatural resources while providing adequate access and use of resources\nfor the public as well as stability for water dependent businesses and\ntourism; make recommendations on methods to protect the value of\nexisting public and private investment that has already been made in the\nregion; and provide direction for state and local governments to\nprotect, preserve and properly manage the unique natural resources of\nthe South Shore estuary for the benefit of existing and future\ngenerations.\n  However, it is not the legislature's intent for this article or the\nmanagement plan created pursuant to this article to be construed to\nrequire or to be used as a basis for requiring a cumulative analysis or\na generic environmental impact statement pursuant to article eight of\nthe environmental conservation law from any applicant, owner of\nproperty, the state, its political subdivision or any agencies thereof\nas a precondition for the approval of any proposed development, action\nor alteration of the same proposed to be undertaken within the\ngeographic area designated as the Long Island South Shore Estuary\nReserve, unless otherwise required by law.\n