Assembly Bill A9938

2021-2022 Legislative Session

Relates to the leasing of state-owned underwater lands for seaweed cultivation

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Archive: Last Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A9938 (ACTIVE) - Details

See Senate Version of this Bill:
S9181
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0301, En Con L
Versions Introduced in 2023-2024 Legislative Session:
A4817

2021-A9938 (ACTIVE) - Summary

Permits the leasing of state-owned underwater lands for seaweed cultivation.

2021-A9938 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9938
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 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 the leasing of state-owned  underwater  lands  for  seaweed
   cultivation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 13-0301 of the environmental conservation  law,  as
 added by chapter 317 of the laws of 1996, is amended to read as follows:
 § 13-0301. Lease  of state-owned underwater lands for shellfish OR SEAW-
              EED cultivation.
   1. Leases. a. Except as provided in paragraph b of  this  subdivision,
 the  department may lease state-owned underwater lands within the marine
 and coastal district for the cultivation of shellfish OR SEAWEED.    The
 written approval of the office of general services shall be obtained for
 the lease of land within five hundred feet of the high water mark.
   b. The following lands underwater shall not be leased: (i) lands where
 there  is  an indicated presence of shellfish in sufficient quantity and
 quality and so located as to support significant hand raking or  tonging
 harvesting;  (ii)  lands  where the leasing will result in a significant
 reduction to established commercial  finfish  or  crustacean  fisheries;
 (iii)  lands  where  bay scallops are produced regularly on a commercial
 basis; and (iv) lands underwater 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 Napeaque harbor.
   2.  Regulations.  a.  Regulations  adopted  by  the department for the
 implementation and administration of this section  shall  include  regu-
 lations  with  respect to leasing forms and procedures; public notice of
 leasing; execution of leases; minimum rental fees;  bidding  procedures;
 posting  and forfeiture of financial security, renewals, termination and
 assignment of leases; marking and testing  of  grounds;  maintenance  of
 boundary  markers;  collection  of rental and recording fees; submission
 and approval of cultivation plans; harvesting gear; acreage of lands  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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