S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7729                                                  A. 9828
 
                       S E N A T E - A S S E M B L Y
 
                             February 14, 2018
                                ___________
 
 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
 
   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, subdivision  10  as  added  by
 chapter 322 of the laws of 2016, is amended to read as follows:
 § 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
 ratified  and  confirmed. Any underwater lands in Gardiner's and Peconic
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14136-01-8

 S. 7729                             2                            A. 9828
 
 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. 7729                             3                            A. 9828

   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  CULTIVATION

 S. 7729                             4                            A. 9828
 
 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.
   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. 7729                             5                            A. 9828
 
   [10. Suffolk county shall be authorized to allow the underwater  lands
 at  Gardiner's and Peconic Bays within the shellfish cultivation zone to
 be used for the implementation of a pilot program  to  conduct  research
 and  scientific  assessment  of  the feasibility of seaweed cultivation.
 Such  pilot  program  shall  be  limited to persons holding a lease from
 Suffolk county for shellfish cultivation and shall be limited to a total
 of five acres of such cultivation zone provided that any one person  may
 be authorized to conduct seaweed cultivation on no more than one acre of
 the  lease. Suffolk county shall provide a report to the legislature and
 the department on the pilot program no later  than  January  first,  two
 thousand twenty-six.]
   §  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.
   § 3. This act shall take effect immediately.