Prohibits any new permits, leases or any other agreements authorizing the hydraulic dredging for commercial purposes in the waters of Mill Neck Creek in the town of Oyster Bay, county of Nassau.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5015
SPONSOR: Blumencranz TITLE OF BILL:
An act in relation to prohibiting new permits, leases or any other
agreements authorizing the hydraulic dredging for commercial purposes in
the waters of Mill Neck Creek in the town of Oyster Bay, county of
Nassau
PURPOSE:
To prohibit hydraulic dredging for commercial purposes in the waters of
Mill Neck Creek
SUMMARY OF PROVISIONS:
Section 1 prevents any new permits, leases, or agreements which author-
ize hydraulic dredging for commercial purposes in the waters of Mill
Neck Creek in the town of Oyster Bay, and prevents any such permits,
leases, or agreements currently in existence from being extended beyond
their previously agreed upon expiration date. This section further
provides that nothing in this act shall be construed to nullify any
existing permits, leases, or agreements, which will remain in effect
until their previously agreed upon expiration date, and no entity
currently conducting'or planning to conduct commercial activity in the
waters of Mill Neck Creek may bring forth civil suit against the town of
Oyster Bay or any political subdivision within the town of Oyster Bay on
the basis of real or perceived damages incurred as a result of this act.
Section 2 provides that this act shall take effect immediately.
JUSTIFICATION:
The waters of the Long Island Sound are an integral part of New York's
ecology, and the abundant natural resources within are critical to the
health, happiness, and wellbeing of millions of New Yorkers. Oysters,
clams, and other shellfish naturally filter manmade pollutants from the
countless bays, coves, and harbors that make up Long Island's coastal
waterways. This vital process protects a vibrant ecosystem which direct-
ly and indirectly supports billions of dollars' worth of economic activ-
ity.
Mill Neck Creek is a precious breeding ground for these shellfish, which
spawn there before being transplanted into the larger bay by commercial
fishermen, where the shellfish can then clean themselves, filtering the
waters of the bay in the process, before being harvested and sold.
Commercial dredging, which more efficiently collects the shellfish, also
damages their natural breeding grounds and stirs up settled pollutants
which are then dispersed throughout the waterways by tidal action.
Decades-old leases are set to expire, giving these breeding grounds the
opportunity to recover and rebalancing the ecosystem. This legislation
would prevent future permits, leases, or agreements from authorizing
hydraulic dredging while still allowing for traditional harvesting meth-
ods which are carefully regulated and less environmentally destructive.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
this act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5015
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. BLUMENCRANZ -- read once and referred to the
Committee on Environmental Conservation
AN ACT in relation to prohibiting new permits, leases or any other
agreements authorizing the hydraulic dredging for commercial purposes
in the waters of Mill Neck Creek in the town of Oyster Bay, county of
Nassau
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other provision of law, rule or regu-
2 lation to the contrary, no new permits, leases, or any other agreements
3 which authorize hydraulic dredging for commercial purposes in the waters
4 of Mill Neck Creek in the town of Oyster Bay, county of Nassau shall be
5 issued. No existing permits, leases, or any other agreements which
6 authorize hydraulic dredging for commercial purposes in the waters of
7 Mill Neck Creek in the town of Oyster Bay shall be extended beyond their
8 previously agreed upon expiration date.
9 2. Nothing in this act shall be construed to nullify any existing
10 permits, leases, or agreements which authorize hydraulic dredging for
11 commercial purposes in the waters of Mill Neck Creek, and any such
12 permits, leases, or agreements will remain in effect until their previ-
13 ously agreed upon expiration. No entity currently conducting or seeking
14 to conduct commercial activity in such area may bring forth civil suit
15 against the town of Oyster Bay, or any political subdivision within the
16 Town of Oyster Bay, on the basis of real or perceived damages incurred
17 as a result of this act.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09153-02-3
