STATE OF NEW YORK
________________________________________________________________________
S. 4028 A. 4213
2021-2022 Regular Sessions
SENATE - ASSEMBLY
February 1, 2021
___________
IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
permitting seaweed cultivation in underwater lands at Gardiner's and
Peconic bays
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13-0302 of the environmental conservation law, as
2 added by chapter 425 of the laws of 2004, subdivision 10 as added by
3 chapter 322 of the laws of 2016, is amended to read as follows:
4 § 13-0302. Lands underwater of Gardiner's and Peconic bays.
5 1. Underwater lands ceded to county of Suffolk. All the right, title
6 and interest in which the people of the state of New York have in and to
7 the lands under water of Gardiner's and Peconic bays in the county of
8 Suffolk, except underwater lands within one thousand feet of the high
9 water mark is hereby ceded to such county, for the purposes of shellfish
10 or seaweed cultivation, to be managed and controlled by such county,
11 provided that such lands shall revert to the state when they shall cease
12 to be used for shellfish and seaweed cultivation. For the purposes of
13 this section, the term "Gardiner's and Peconic bays" shall mean the
14 waters of Gardiner's and Peconic bays and the tributaries thereof
15 between the westerly shore of Great Peconic bay and an easterly line
16 running from the most easterly point of Plum island to Goff point at the
17 entrance of Napeague harbor.
18 2. Ratification. The grant of lands under the waters of Gardiner's and
19 Peconic bays, by the commissioners of shell fisheries, in accordance
20 with the provisions of chapter 385 of the laws of 1884, as amended,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05829-01-1
S. 4028 2 A. 4213
1 subsequently held and used by the grantees, heirs, successors, and
2 assigns on which all taxes and assessments have been paid, are hereby
3 ratified and confirmed. Any underwater lands in Gardiner's and Peconic
4 Bays previously granted that revert or escheat to the state or are
5 subject to tax deed by the county of Suffolk shall be available to the
6 county for leasing pursuant to this section. All other lands under such
7 waters, which pursuant to such chapters, have escheated or reverted to
8 the state, are hereby ceded to Suffolk county for the purposes of the
9 cultivation of shellfish, subject to existing valid grants and ease-
10 ments; provided however, that nothing in this section shall interfere
11 with the right of the commissioner of general services to grant lands
12 and easements under water to owners of adjacent uplands, pursuant to the
13 provisions of the public lands law, or of the legislature to make such
14 grants without regard to upland ownership, and to grant franchises to
15 utilities, municipalities and governmental, educational, or scientific
16 bodies for cables, outfalls, ecological studies, and experimentation
17 with controlled marine life.
18 3. Leases for shellfish cultivation. Suffolk county may lease lands
19 under water ceded to it by the state for the purpose of shellfish culti-
20 vation. Provided if no such leases have been executed by December thir-
21 ty-first, two thousand ten, such authority to lease pursuant to this
22 section shall terminate.
23 a. Leases may be issued only within areas designated as shellfish
24 cultivation zones on a map or maps to be prepared and approved by the
25 county of Suffolk.
26 b. No lease shall be granted except upon written application on forms
27 furnished by the county of Suffolk, and properly executed and signed by
28 the applicant.
29 c. Before a lease is approved, notice shall be provided for at least
30 two months by posting such notice at the bureau of marine resources in
31 the department, the office of the county clerk, and the office of the
32 town clerk in which all or any part of the lands to be leased are
33 located. Such notice shall also be published in the official newspaper
34 of the county. The notice shall include the name of the lessee, the
35 boundaries of the lease, and the area of the lease. A copy of the
36 proposed lease shall be available for public inspection and copying in
37 the office of the county clerk.
38 4. Establishment of shellfish cultivation zones. Before leasing or
39 using the lands hereby ceded to it, the county of Suffolk shall cause an
40 accurate survey to be made of such lands, and a map or maps to be
41 prepared therefrom. Such map or maps shall establish shellfish culti-
42 vation zones within Gardiner's and Peconic bays. Such map or maps shall
43 be approved by local law. After such map or maps have been adopted, the
44 county shall have the authority to issue leases for shellfish culti-
45 vation within the shellfish cultivation zones, as provided herein. Such
46 map or maps shall be updated by the county of Suffolk every five years.
47 a. Underwater lands within one thousand feet of the high water mark
48 shall not be included in a shellfish cultivation zone.
49 b. Underwater lands where bay scallops are produced regularly and
50 harvested on a commercial basis shall not be included in a shellfish
51 cultivation zone.
52 c. Underwater lands where there is an indicated presence of shellfish
53 in sufficient quantity and quality and so located as to support signif-
54 icant hand raking and/or tonging harvesting shall not be included in a
55 shellfish cultivation zone.
S. 4028 3 A. 4213
1 d. Underwater lands where the leasing will result in a significant
2 reduction of established commercial finfish or crustacean fisheries
3 shall not be included in a shellfish cultivation zone.
4 5. Regulations for shellfish cultivation. The county shall, by local
5 law, before leasing any such underwater lands, adopt regulations govern-
6 ing:
7 a. applications for leases;
8 b. notices to be given;
9 c. the form and terms of leases;
10 d. standards for the approval or denial of leases;
11 e. administration of leases;
12 f. the transfer or renewal of leases;
13 g. marking grounds and testing;
14 h. fees;
15 i. recording of leases;
16 j. bonds; and
17 k. such other matters as are appropriate to the leasing program.
18 6. Department authority over shellfish cultivation. Notwithstanding
19 any of the provisions of this section:
20 a. any person engaging in the cultivation or harvesting of shellfish
21 in a shellfish cultivation zone pursuant to this section shall obtain a
22 permit in accordance with section 13-0316 of this title; and
23 b. the department shall regulate and control the use of certain types
24 of vessels and equipment for harvesting shellfish, requirements for
25 reseeding, the right to enter upon such leased lands for reseeding or
26 making shellfish population surveys, and enforce all other applicable
27 state laws relating to said underwater lands.
28 7. Leases for seaweed cultivation.
29 a. Suffolk county may lease lands under water ceded to it by the state
30 for the purpose of seaweed cultivation after approval by the county
31 legislature of a seaweed cultivation viability study. Provided if no
32 such leases have been executed by December thirty-first, two thousand
33 twenty-three, such authority to lease pursuant to this section shall
34 terminate. For the purposes of this section, "seaweed" means any species
35 of marine macroalgae approved by the commissioner for cultivation in the
36 waters of Gardiner's and Peconic bays.
37 b. Leases may be issued only within areas designated as seaweed culti-
38 vation zones on a map or maps to be prepared and approved by the county
39 of Suffolk.
40 c. No lease shall be granted except upon written application on forms
41 furnished by the county of Suffolk, and properly executed and signed by
42 the applicant.
43 d. Before a lease is approved, notice shall be provided for at least
44 two months by posting such notice at the bureau of marine resources in
45 the department, the office of the county clerk, and the office of the
46 town clerk in which all or any part of the lands to be leased are
47 located. Such notice shall also be published in the official newspaper
48 of the county. The notice shall include the name of the lessee, the
49 boundaries of the lease, and the area of the lease. A copy of the
50 proposed lease shall be available for public inspection and copying in
51 the office of the county clerk.
52 e. Before leasing or using the lands hereby ceded to it for seaweed
53 cultivation, the county of Suffolk shall cause an accurate survey to be
54 made of such lands, and a map or maps to be prepared therefrom. Such map
55 or maps shall establish seaweed cultivation zones within Gardiner's and
56 Peconic bays. Such map or maps shall be approved by local law. After
S. 4028 4 A. 4213
1 such map or maps have been adopted, the county shall have the authority
2 to issue leases for seaweed cultivation within the seaweed cultivation
3 zones, as provided herein. Such map or maps shall be updated by the
4 county of Suffolk every five years.
5 f. Underwater lands within one thousand feet of the high water mark
6 shall not be included in a seaweed cultivation zone.
7 g. Underwater lands where bay scallops are produced regularly and
8 harvested on a commercial basis shall not be included in a seaweed
9 cultivation zone.
10 h. Underwater lands where there is an indicated presence of shellfish
11 in sufficient quantity and quality and so located as to support signif-
12 icant hand raking and/or tonging harvesting shall not be included in a
13 seaweed cultivation zone.
14 i. Underwater lands where the leasing will result in a significant
15 reduction of established commercial finfish or crustacean fisheries
16 shall not be included in a seaweed cultivation zone.
17 j. The county shall, by local law, before leasing any such underwater
18 lands, adopt regulations governing:
19 (1) applications for leases;
20 (2) notices to be given;
21 (3) the form and terms of leases;
22 (4) standards for the approval or denial of leases;
23 (5) administration of leases;
24 (6) the transfer or renewal of leases;
25 (7) marking grounds and testing;
26 (8) fees;
27 (9) recording of leases;
28 (10) bonds; and
29 (11) such other matters as are appropriate to the leasing program.
30 k. Notwithstanding any of the provisions of this section:
31 (1) any person engaging in the cultivation or harvesting of seaweed in
32 a seaweed cultivation zone pursuant to this section shall obtain all
33 permits required by this chapter;
34 (2) the department shall regulate and control the use of certain types
35 of vessels and equipment for harvesting seaweed, requirements for
36 reseeding, the right to enter upon such leased lands, and enforce all
37 other applicable state laws relating to said underwater lands; and
38 (3) any person engaging in the cultivation or harvesting of seaweed in
39 a seaweed cultivation zone pursuant to this section shall receive
40 species approval from the commissioner.
41 8. Duties of the county clerk. Leases issued pursuant to this section
42 shall be recorded in the office of the county clerk in the manner and
43 form to be determined by local law as provided in subdivision five of
44 this section.
45 [8.] 9. Summary proceedings. Upon the failure of a lessee to pay the
46 rental on any date due under the terms of the lease or upon revocation
47 as provided for by local law pursuant to subdivision five or seven of
48 this section, the county may, after written notice to the lessee declare
49 the lease cancelled as of the date set forth in such notice, and may
50 immediately thereafter evict the lessee from such lands. The provisions
51 of article seven of the real property actions and proceedings law shall
52 apply and govern the procedure in such case.
53 [9.] 10. Disposition of fees and rents. All fees and rents received
54 shall be deposited into the general fund of the county. However, in the
55 alternative, nothing shall prohibit the county of Suffolk, by local law,
S. 4028 5 A. 4213
1 from establishing a special fund for the promotion of aquaculture where
2 such fees and rents shall be deposited.
3 [10. Suffolk county shall be authorized to allow the underwater lands
4 at Gardiner's and Peconic Bays within the shellfish cultivation zone to
5 be used for the implementation of a pilot program to conduct research
6 and scientific assessment of the feasibility of seaweed cultivation.
7 Such pilot program shall be limited to persons holding a lease from
8 Suffolk county for shellfish cultivation and shall be limited to a total
9 of five acres of such cultivation zone provided that any one person may
10 be authorized to conduct seaweed cultivation on no more than one acre of
11 the lease. Suffolk county shall provide a report to the legislature and
12 the department on the pilot program no later than January first, two
13 thousand twenty-six.]
14 § 2. If any clause, sentence, paragraph, section or part of this act
15 shall be adjudged by any court of competent jurisdiction to be invalid,
16 such judgment shall not affect, impair or invalidate the remainder ther-
17 eof, but shall be confined in its operation to the clause, sentence,
18 paragraph, section or part thereof directly involved in the controversy
19 in which such judgment shall have been rendered.
20 § 3. This act shall take effect immediately.
