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This entry was published on 2014-09-22
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SECTION 13-0301
Lease of state-owned underwater lands for shellfish cultivation
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 13-0301. Lease of state-owned underwater lands for shellfish

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. 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
regulations 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 be let and term of leases and other matters
pertinent to underwater land use and shellfish cultivation.

b. Regulations adopted by the department for the implementation and
administration of this section shall include the following requirements:
(i) leases shall be awarded after public auction following due notice;
(ii) leases shall be awarded to the highest responsible bidder; (iii)
bidders shall provide a detailed cultivation plan; and (iv) cultivation
of shellfish shall commence within one year of the award of the lease.

3. Summary proceedings. Upon failure to pay the rental on any date due
under the terms of the lease or upon revocation, the department 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 cases.

4. Limitations. The commissioner of general services shall not grant
or lease lands for shellfish cultivation. The public shall not be
excluded from the taking of shellfish from underwater lands granted or
leased by such commissioner for other purposes; provided, however, that
should any grant or lease made by such commissioner for such other
purposes include lands leased by the department for shellfish
cultivation the lessee for shellfish cultivation shall have the
exclusive right to use and take shellfish from such leased lands for a
period of two years from the date of the grant or lease by such
commissioner or until the expiration of the shellfish cultivation lease,
whichever is the earliest, and may prior to the expiration of such
period, remove and transplant the shellfish from such lands to other
lands leased, owned or controlled by such lessee.