2023 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
  or seaweed 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 or seaweed 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  or seaweed, 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  for  shellfish cultivation. 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  for shellfish cultivation. 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; and
k. such other matters as are appropriate to the leasing program.
6.  Department  authority  over shellfish cultivation. 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; and
b. 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. Leases for seaweed cultivation.  Suffolk  county  may  lease  lands
  under  water  ceded  to  it  by  the  state  for  the purpose of seaweed
  cultivation, provided if no such leases have been executed  by  December
  thirty-first,  two thousand thirty-one, such authority to lease pursuant
  to this section shall terminate. Nothing shall preclude the county  from
  issuing  a  single lease to an applicant for both shellfish and seaweed,
  provided that the application complies with all the requirements of this
  section.  For the purposes of this section, "seaweed" means  any  marine
  macroalgae  that  is  native  or  indigenous  to  the marine and coastal
  district and approved by the commissioner for cultivation in the  waters
  of Gardiner's and Peconic bays.
a.  Leases  may  be  issued  only  within  areas designated as seaweed
  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 division 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.
8. Establishment of seaweed cultivation zones. Before leasing or using
  the lands hereby ceded to it for  seaweed  cultivation,  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
  seaweed  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 seaweed
  cultivation within the seaweed 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 seaweed cultivation zone.
b.  Underwater  lands  where  bay  scallops are produced regularly and
  harvested on a commercial basis shall  not  be  included  in  a  seaweed
  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 seaweed 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 seaweed cultivation zone.
9. Regulations for seaweed cultivation. 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; and
k. such other matters as are appropriate to the leasing program.
10. Department authority over seaweed cultivation. Notwithstanding any
  of the provisions of this section:
a. any person engaging in the cultivation or harvesting of seaweed  in
  a  seaweed  cultivation  zone  pursuant to this section shall obtain all
  permits required by this chapter;
b. the department may regulate and control the use of certain types of
  vessels  and  equipment  for  harvesting   seaweed,   requirements   for
  reseeding,  the  right  to enter upon such leased lands, and enforce all
  other applicable state laws relating to said underwater lands; and
c. any person engaging in the cultivation or harvesting of seaweed  in
  a  seaweed  cultivation  zone  pursuant  to  this section shall obtain a
  permit in accordance with section 13-0316 of this title.
11. 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.
12.  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 or seven 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.
13.  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.
14. 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.