NY Env Conserv L § 13-0302 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 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   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 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,  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. 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.  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; andk. such other matters as are appropriate to the leasing program.6. Department authority. 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; andb. 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. 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.8. 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 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.9. 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.* 10. 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.* NB Repealed July 1, 2026