§ 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 or 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
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 or seaweed, subject to existing valid grants
and easements; 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
cultivation. Provided if no such leases have been executed by December
thirty-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
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
shellfish cultivation 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
significant 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.

5. Regulations for shellfish cultivation. The county shall, by local
law, before leasing any such underwater lands, adopt regulations
governing:

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. Suffolk county may lease lands
under water ceded to it by the state for the purpose of seaweed
cultivation, provided if no such leases have been executed by December
thirty-first, two thousand thirty-one, such authority to lease pursuant
to this section shall terminate. Nothing shall preclude the county from
issuing a single lease to an applicant for both shellfish and seaweed,
provided that the application complies with all the requirements of this
section. For the purposes of this section, "seaweed" means any marine
macroalgae that is native or indigenous to the marine and coastal
district and approved by the commissioner for cultivation in the waters
of Gardiner's and Peconic bays.

a. Leases may be issued only within areas designated as seaweed
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 division 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.

8. Establishment of seaweed cultivation zones. 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 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 seaweed cultivation zone.

b. Underwater lands where bay scallops are produced regularly and
harvested on a commercial basis shall not be included in a seaweed
cultivation zone.

c. Underwater lands where there is an indicated presence of shellfish
in sufficient quantity and quality and so located as to support
significant hand raking and/or tonging harvesting shall not be included
in a seaweed 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 seaweed cultivation zone.

9. Regulations for seaweed cultivation. The county shall, by local
law, before leasing any such underwater lands, adopt regulations
governing:

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.

10. Department authority over seaweed cultivation. Notwithstanding any
of the provisions of this section:

a. 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;

b. the department may 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

c. any person engaging in the cultivation or harvesting of seaweed in
a seaweed cultivation zone pursuant to this section shall obtain a
permit in accordance with section 13-0316 of this title.

11. 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.

12. 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.

13. 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.

14. 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.