S T A T E   O F   N E W   Y O R K
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    S. 7772                                                 A. 10146

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

                              May 12, 2016
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- 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 to be ceded to Suffolk county for the purpose  of  estab-
  lishing  an  aquaculture  management  program  for  the cultivation of
  shellfish

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 13-0302 of the environmental conservation law, as
added by chapter 425 of the laws of 2004, is amended to read as follows:
S 13-0302. Lands underwater of Gardiner's and Peconic bays.
  1. Underwater lands ceded to county of Suffolk. All the  right,  title
and interest in which the people of the state of New York have in and to
the  lands  under  water of Gardiner's and Peconic bays in the county of
Suffolk, except underwater lands within one thousand feet  of  the  high
water mark is hereby ceded to such county, for the purposes of shellfish
OR  SEAWEED  cultivation,  to  be managed and controlled by such county,
provided that such lands shall revert to the state when they shall cease
to be used for shellfish AND SEAWEED cultivation. For  the  purposes  of
this  section,  the  term  "Gardiner's  and Peconic bays" shall mean the
waters of Gardiner's  and  Peconic  bays  and  the  tributaries  thereof
between  the  westerly  shore  of Great Peconic bay and an easterly line
running from the most easterly point of Plum island to Goff point at the
entrance of Napeague harbor.
  2. Ratification. The grant of lands under the waters of Gardiner's and
Peconic bays, by the commissioners of  shell  fisheries,  in  accordance
with  the  provisions  of  chapter  385 of the laws of 1884, as amended,
subsequently held and used  by  the  grantees,  heirs,  successors,  and
assigns  on  which  all taxes and assessments have been paid, are hereby

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

                                                           LBD15349-02-6

S. 7772                             2                           A. 10146

ratified and confirmed. Any underwater lands in Gardiner's  and  Peconic
Bays  previously  granted  that  revert  or  escheat to the state or are
subject to tax deed by the county of Suffolk shall be available  to  the
county  for leasing pursuant to this section. All other lands under such
waters, which pursuant to such chapters, have escheated or  reverted  to
the  state,  are  hereby ceded to Suffolk county for the purposes of the
cultivation of shellfish, subject to existing  valid  grants  and  ease-
ments;  provided  however,  that nothing in this section shall interfere
with the right of the commissioner of general services  to  grant  lands
and easements under water to owners of adjacent uplands, pursuant to the
provisions  of  the public lands law, or of the legislature to make such
grants without regard to upland ownership, and to  grant  franchises  to
utilities,  municipalities  and governmental, educational, or scientific
bodies for cables, outfalls,  ecological  studies,  and  experimentation
with controlled marine life.
  3.  Leases  FOR SHELLFISH CULTIVATION.  Suffolk county may lease lands
under water ceded to it by the state for the purpose of shellfish culti-
vation. Provided if no such leases have been executed by December  thir-
ty-first,  two  thousand  ten,  such authority to lease pursuant to this
section shall terminate.
  a. Leases may be issued only  within  areas  designated  as  shellfish
cultivation  zones  on  a map or maps to be prepared and approved by the
county of Suffolk.
  b. No lease shall be granted except upon written application on  forms
furnished  by the county of Suffolk, and properly executed and signed by
the applicant.
  c. Before a lease is approved, notice shall be provided for  at  least
two  months  by posting such notice at the bureau of marine resources in
the department, the office of the county clerk, and the  office  of  the
town  clerk  in  which  all  or  any  part of the lands to be leased are
located.  Such notice shall also be published in the official  newspaper
of  the  county.  The  notice  shall include the name of the lessee, the
boundaries of the lease, and the area  of  the  lease.  A  copy  of  the
proposed  lease  shall be available for public inspection and copying in
the office of the county clerk.
  4. Establishment of shellfish cultivation  zones.  Before  leasing  or
using the lands hereby ceded to it, the county of Suffolk shall cause an
accurate  survey  to  be  made  of  such  lands, and a map or maps to be
prepared therefrom. Such map or maps shall  establish  shellfish  culti-
vation  zones within Gardiner's and Peconic bays. Such map or maps shall
be approved by local law. After such map or maps have been adopted,  the
county  shall  have  the  authority to issue leases for shellfish culti-
vation within the shellfish cultivation zones, as provided herein.  Such
map or maps shall be updated by the county of Suffolk every five years.
  a.  Underwater  lands  within one thousand feet of the high water mark
shall not be included in a shellfish cultivation zone.
  b. Underwater lands where bay  scallops  are  produced  regularly  and
harvested  on  a  commercial  basis shall not be included in a shellfish
cultivation zone.
  c. Underwater lands where there is an indicated presence of  shellfish
in  sufficient quantity and quality and so located as to support signif-
icant hand raking and/or tonging harvesting shall not be included  in  a
shellfish cultivation zone.
  d.  Underwater  lands  where  the leasing will result in a significant
reduction of established  commercial  finfish  or  crustacean  fisheries
shall not be included in a shellfish cultivation zone.

S. 7772                             3                           A. 10146

  5.  Regulations FOR SHELLFISH CULTIVATION.  The county shall, by local
law, before leasing any such underwater lands, adopt regulations govern-
ing:
  a. applications for leases;
  b. notices to be given;
  c. the form and terms of leases;
  d. standards for the approval or denial of leases;
  e. administration of leases;
  f. the transfer or renewal of leases;
  g. marking grounds and testing;
  h. fees;
  i. recording of leases;
  j. bonds; and
  k. such other matters as are appropriate to the leasing program.
  6.  Department  authority OVER SHELLFISH CULTIVATION.  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.
  7. LEASES FOR SEAWEED CULTIVATION.
  A. SUFFOLK COUNTY MAY LEASE LANDS UNDER WATER CEDED TO IT BY THE STATE
FOR THE PURPOSE OF SEAWEED CULTIVATION  AFTER  APPROVAL  BY  THE  COUNTY
LEGISLATURE  OF  A  SEAWEED  CULTIVATION VIABILITY STUDY. PROVIDED IF NO
SUCH LEASES HAVE BEEN EXECUTED BY DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
TWENTY,  SUCH  AUTHORITY  TO LEASE PURSUANT TO THIS SECTION SHALL TERMI-
NATE. FOR THE PURPOSES OF THIS SECTION, "SEAWEED" MEANS ANY  SPECIES  OF
MARINE  MACROALGAE  APPROVED  BY THE COMMISSIONER FOR CULTIVATION IN THE
WATERS OF GARDINER'S AND PECONIC BAYS.
  B. LEASES MAY BE ISSUED ONLY WITHIN AREAS DESIGNATED AS SEAWEED CULTI-
VATION ZONES ON A MAP OR MAPS TO BE PREPARED AND APPROVED BY THE  COUNTY
OF SUFFOLK.
  C.  NO LEASE SHALL BE GRANTED EXCEPT UPON WRITTEN APPLICATION ON FORMS
FURNISHED BY THE COUNTY OF SUFFOLK, AND PROPERLY EXECUTED AND SIGNED  BY
THE APPLICANT.
  D.  BEFORE  A LEASE IS APPROVED, NOTICE SHALL BE PROVIDED FOR AT LEAST
TWO MONTHS BY POSTING SUCH NOTICE AT THE BUREAU OF MARINE  RESOURCES  IN
THE  DEPARTMENT,  THE  OFFICE OF THE COUNTY CLERK, AND THE OFFICE OF THE
TOWN CLERK IN WHICH ALL OR ANY PART  OF  THE  LANDS  TO  BE  LEASED  ARE
LOCATED.   SUCH NOTICE SHALL ALSO BE PUBLISHED IN THE OFFICIAL NEWSPAPER
OF THE COUNTY.  THE NOTICE SHALL INCLUDE THE NAME  OF  THE  LESSEE,  THE
BOUNDARIES  OF  THE  LEASE,  AND  THE  AREA  OF THE LEASE. A COPY OF THE
PROPOSED LEASE SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND  COPYING  IN
THE OFFICE OF THE COUNTY CLERK.
  E.  BEFORE  LEASING  OR USING THE LANDS HEREBY CEDED TO IT FOR SEAWEED
CULTIVATION, THE COUNTY OF SUFFOLK SHALL CAUSE AN ACCURATE SURVEY TO  BE
MADE  OF  SUCH  LANDS, AND A MAP OR MAPS TO BE PREPARED THEREFROM.  SUCH
MAP OR MAPS SHALL ESTABLISH SEAWEED CULTIVATION ZONES WITHIN  GARDINER'S
AND  PECONIC  BAYS.  SUCH  MAP  OR  MAPS SHALL BE APPROVED BY LOCAL LAW.
AFTER SUCH MAP OR MAPS HAVE BEEN ADOPTED,  THE  COUNTY  SHALL  HAVE  THE
AUTHORITY  TO  ISSUE  LEASES  FOR SEAWEED CULTIVATION WITHIN THE SEAWEED

S. 7772                             4                           A. 10146

CULTIVATION ZONES, AS PROVIDED HEREIN. SUCH MAP OR MAPS SHALL BE UPDATED
BY THE COUNTY OF SUFFOLK EVERY FIVE YEARS.
  F.  UNDERWATER  LANDS  WITHIN ONE THOUSAND FEET OF THE HIGH WATER MARK
SHALL NOT BE INCLUDED IN A SEAWEED CULTIVATION ZONE.
  G. UNDERWATER LANDS WHERE BAY  SCALLOPS  ARE  PRODUCED  REGULARLY  AND
HARVESTED  ON  A  COMMERCIAL  BASIS  SHALL  NOT BE INCLUDED IN A SEAWEED
CULTIVATION ZONE.
  H. UNDERWATER LANDS WHERE THERE IS AN INDICATED PRESENCE OF  SHELLFISH
IN  SUFFICIENT QUANTITY AND QUALITY AND SO LOCATED AS TO SUPPORT SIGNIF-
ICANT HAND RAKING AND/OR TONGING HARVESTING SHALL NOT BE INCLUDED  IN  A
SEAWEED CULTIVATION ZONE.
  I.  UNDERWATER  LANDS  WHERE  THE LEASING WILL RESULT IN A SIGNIFICANT
REDUCTION OF ESTABLISHED  COMMERCIAL  FINFISH  OR  CRUSTACEAN  FISHERIES
SHALL NOT BE INCLUDED IN A SEAWEED CULTIVATION ZONE.
  J.  THE COUNTY SHALL, BY LOCAL LAW, BEFORE LEASING ANY SUCH UNDERWATER
LANDS, ADOPT REGULATIONS GOVERNING:
  (1) APPLICATIONS FOR LEASES;
  (2) NOTICES TO BE GIVEN;
  (3) THE FORM AND TERMS OF LEASES;
  (4) STANDARDS FOR THE APPROVAL OR DENIAL OF LEASES;
  (5) ADMINISTRATION OF LEASES;
  (6) THE TRANSFER OR RENEWAL OF LEASES;
  (7) MARKING GROUNDS AND TESTING;
  (8) FEES;
  (9) RECORDING OF LEASES;
  (10) BONDS; AND
  (11) SUCH OTHER MATTERS AS ARE APPROPRIATE TO THE LEASING PROGRAM.
  K. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION:
  (1) ANY PERSON ENGAGING IN THE CULTIVATION OR HARVESTING OF SEAWEED IN
A SEAWEED CULTIVATION ZONE PURSUANT TO THIS  SECTION  SHALL  OBTAIN  ALL
PERMITS REQUIRED BY THIS CHAPTER;
  (2) THE DEPARTMENT SHALL REGULATE AND CONTROL THE USE OF CERTAIN TYPES
OF  VESSELS  AND  EQUIPMENT  FOR  HARVESTING  SEAWEED,  REQUIREMENTS FOR
RESEEDING, THE RIGHT TO ENTER UPON SUCH LEASED LANDS,  AND  ENFORCE  ALL
OTHER APPLICABLE STATE LAWS RELATING TO SAID UNDERWATER LANDS; AND
  (3) ANY PERSON ENGAGING IN THE CULTIVATION OR HARVESTING OF SEAWEED IN
A  SEAWEED  CULTIVATION  ZONE  PURSUANT  TO  THIS  SECTION SHALL RECEIVE
SPECIES APPROVAL FROM THE COMMISSIONER.
  [7.] 8. Duties of the county clerk. Leases  issued  pursuant  to  this
section  shall  be  recorded  in  the  office of the county clerk in the
manner and form to be determined by local law as provided in subdivision
five of this section.
  [8.] 9. Summary proceedings. Upon the failure of a lessee to  pay  the
rental  on  any date due under the terms of the lease or upon revocation
as provided for by local law pursuant to subdivision five  OR  SEVEN  of
this section, the county may, after written notice to the lessee declare
the  lease  cancelled  as  of the date set forth in such notice, and may
immediately thereafter evict the lessee from such lands. The  provisions
of  article seven of the real property actions and proceedings law shall
apply and govern the procedure in such case.
  [9.] 10. Disposition of fees and rents. All fees  and  rents  received
shall  be deposited into the general fund of the county. However, in the
alternative, nothing shall prohibit the county of Suffolk, by local law,
from establishing a special fund for the promotion of aquaculture  where
such fees and rents shall be deposited.

S. 7772                             5                           A. 10146

  S  2.  If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be  invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof,  but  shall  be  confined in its operation to the clause, sentence,
paragraph,  section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 3. This act shall take effect immediately.