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.