senate Bill S4604A

2011-2012 Legislative Session

Authorizes the use of mechanical harvesting gear within the entire boundary of a lease issued, regardless of lease size, given a cultivation plan is made available

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.756
Jan 04, 2012 referred to environmental conservation
returned to senate
died in assembly
Jun 20, 2011 referred to environmental conservation
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
amended 4604a
Jun 07, 2011 1st report cal.1041
Apr 13, 2011 referred to environmental conservation

Votes

view votes

May 15, 2012 - Environmental Conservation committee Vote

S4604A
8
3
committee
8
Aye
3
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: May 15, 2012

aye wr (2)
excused (1)

Jun 7, 2011 - Environmental Conservation committee Vote

S4604
10
2
committee
10
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4604 - Bill Details

See Assembly Version of this Bill:
A7120A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0302, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A7120

S4604 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4604

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 gear within the entire
boundary of a lease issued, regardless of lease size, given a
cultivation plan is made available.

SUMMARY OF PROVISIONS:
Paragraph 6 of Section 13-0302 of the environmental 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 mechanical
means, including the use of hydraulic dredge, within the entire
boundary of their leased site, given a cultivation plan is made
available.

JUSTIFICATION:
Chapter 425, Laws of New York 2004, amended the Environmental
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
cultivation, 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
aquaculture 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 and
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 determine 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 aquaculture 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 livelihood 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4604                                                  A. 7120

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             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

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

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:

  Section 1. Paragraph 6 of section 13-0302 of the environmental conser-
vation law, as added by chapter 425 of the laws of 2004, is  amended  to
read as follows:
  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; [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; AND
  C. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A LEASEHOLDER
MAY  HARVEST  OYSTERS,  HARD  CLAMS,  RAZOR CLAMS AND OTHER SHELLFISH AS
PERMITTED IN THIS SECTION, BY MECHANICAL MEANS, INCLUDING THE USE  OF  A
HYDRAULIC  DREDGE.  THE  USE  OF  MECHANICAL  HARVESTING GEAR, INCLUDING
HYDRAULIC DREDGES, IS AUTHORIZED TO OCCUR WITHIN THE ENTIRE BOUNDARY  OF
A LEASE ISSUED PURSUANT TO THIS SECTION, REGARDLESS OF LEASE SIZE, GIVEN
A CULTIVATION PLAN IS MADE AVAILABLE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10262-02-1

Co-Sponsors

S4604A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7120A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0302, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A7120

S4604A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4604A

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
Department of Environmental conservation (DEC).

SUMMARY OF PROVISIONS:
Paragraph 6 of Section 13-0302 of the environmental 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 mechanical
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 Environmental
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
cultivation, 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
aquaculture 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 and
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 20 II to determine 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 aquaculture 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 livelihood 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4604--A                                            A. 7120--A
    Cal. No. 1041

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             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:

  Section 1. Subdivision 6  of  section  13-0302  of  the  environmental
conservation  law,  as  added  by  chapter  425  of the laws of 2004, is
amended to read as follows:
  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; [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; 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

  C. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A LEASEHOLDER
MAY HARVEST OYSTERS, HARD CLAMS, RAZOR  CLAMS  AND  OTHER  SHELLFISH  AS
PERMITTED  IN  THIS SECTION, BY MECHANICAL MEANS, INCLUDING THE USE OF A
HYDRAULIC DREDGE. THE  USE  OF  MECHANICAL  HARVESTING  GEAR,  INCLUDING
HYDRAULIC  DREDGES, IS AUTHORIZED TO OCCUR 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.
  S 2. This act shall take effect immediately.

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