Authorizes the use of mechanical harvesting gear, including hydraulic dredges within the entire boundary of a lease issued pursuant to this section, regardless of lease size, given a cultivation plan is submitted to and approved by the department.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7120A
SPONSOR: Thiele (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to authorizing the use of mechanical harvesting gear, including
hydraulic dredges within the entire boundary of a lease, regardless of
lease size, given a cultivation plan is made available
PURPOSE: To authorize the use of mechanical harvesting hear within
the entire boundary of a lease issued, regardless of lease size, given a
cultivation plan submitted to and approved by the New York State Depart-
ment of Environmental conservation (DEC).
SUMMARY OF PROVISIONS: Paragraph 6 of Section 13-0302 of the environ-
mental Conservation Law, as added by Chapter 425 of the Laws of 2004, is
amended to authorize a holder of a shellfish cultivation lease, issued
pursuant to the Suffolk County shellfish Aquaculture Lease Program, to
harvest oysters, hard clams, razor clams and other shellfish by mechan-
ical means, including the use of hydraulic dredge, within the entire
boundary of their leased site, given a cultivation plan is submitted to
and approved by the DEC.
JUSTIFICATION: Chapter 425, Laws of New York 2004, amended the Envi-
ronmental Conservation Law by adding Section 13-0302 under which the
State of New York ceded 110,000 acres of underwater land in Peconic Bay
and Gardiners Bay to Suffolk County for the purpose of shellfish culti-
vation, and authorized Suffolk County to develop a leasing program that
would provide current and new shellfish growers access to these waters
in an environmentally sustainable way. The Suffolk County shellfish
Aquaculture Lease Program in Peconic Bay and Gardiners Bay was adopted
by Suffolk County in 2009, and implementation is underway.
The Suffolk County Department of Planning completed two shellfish aqua-
culture lease cycles in 2010, and the third cycle will be completed
during 2011. In Cycle #1 (conversion of Temporary Marine Use Assignments
into leases), twenty-one lease applications are proceeding with the
execution of a lease on their selected arid approved lease site
locations. A total of 195 acres are being leased thought his cycle. In
Cycle #2 (private grant owners), the Aquaculture Lease Board approved
lease overlays on three oyster grant without conditions (total area 275
acres); and approved, with conditions, lease overlays of 20 acres each
on nine other oyster grants (total area of 180 acres). Five applicants
are proceeding with the process to obtain a lease overlay on their
private oyster grant parcels. In Cycle #3 (new leases subject to annual
acreage cap limit), one hundred fifteen acres are available for lease.
The entire application process will be conducted during 2011 to deter-
mine those sites eligible for lease, and identify the applicants that
will be able to proceed with the program.
The Suffolk County Aquaculture Lease Program presents an opportunity to
expand the aquaculture industry in New York, with many new prospective
shellfish farmers expressing interest in the program.
In many instances, mechanical and hydraulic harvesters are the only
economically feasible way to cultivate shellfish. Off bottom culture and
hand harvesting methods may not always be possible or effective. The
leasing program is an environmentally and economically sustainable aqua-
culture program in and of itself, which does not need additional gear
restrictions. Mechanical harvesting of shellfish has been shown to have
a relatively low impact on habitat. Shellfish growers have a vested
interest in protecting the environment from which they make their live-
lihood and implement best management practices, themselves, to ensure
future cultivation. Not allowing mechanical harvesting speaks against
the intent of the leasing program and will severely limit opportunities
in New York's shellfish industry. If shellfish harvesters cannot grow
and cultivate shellfish in an economically feasible manner, they will
bring their operation to other neighboring.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK
________________________________________________________________________
S. 4604--A A. 7120--A
Cal. No. 1041
2011-2012 Regular Sessions
SENATE - ASSEMBLY
April 13, 2011
___________
IN SENATE -- Introduced by Sens. LAVALLE, MARCELLINO -- read twice and
ordered printed, and when printed to be committed to the Committee on
Environmental Conservation -- reported favorably from said committee,
ordered to first report, amended on first report, ordered to a second
report, and to be reprinted as amended, retaining its place in the
order of second report
IN ASSEMBLY -- Introduced by M. of A. THIELE, MURRAY, GRAF, LOSQUADRO,
RAIA -- Multi-Sponsored by -- M. of A. FITZPATRICK -- read once and
referred to the Committee on Environmental Conservation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the environmental conservation law, in relation to
authorizing the use of mechanical harvesting gear, including hydraulic
dredges within the entire boundary of a lease, regardless of lease
size, given a cultivation plan is made available
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 13-0302 of the environmental
2 conservation law, as added by chapter 425 of the laws of 2004, is
3 amended to read as follows:
4 6. Department authority. Notwithstanding any of the provisions of this
5 section:
6 a. any person engaging in the cultivation or harvesting of shellfish
7 in a shellfish cultivation zone pursuant to this section shall obtain a
8 permit in accordance with section 13-0316 of this title; [and]
9 b. the department shall regulate and control the use of certain types
10 of vessels and equipment for harvesting shellfish, requirements for
11 reseeding, the right to enter upon such leased lands for reseeding or
12 making shellfish population surveys, and enforce all other applicable
13 state laws relating to said underwater lands; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10262-03-1
S. 4604--A 2 A. 7120--A
1 c. notwithstanding any provision of law to the contrary, a leaseholder
2 may harvest oysters, hard clams, razor clams and other shellfish as
3 permitted in this section, by mechanical means, including the use of a
4 hydraulic dredge. The use of mechanical harvesting gear, including
5 hydraulic dredges, is authorized to occur within the entire boundary of
6 a lease issued pursuant to this section, regardless of lease size, given
7 a cultivation plan is submitted to and approved by the department.
8 § 2. This act shall take effect immediately.
