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This entry was published on 2014-09-22
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SECTION 961-A
Legislative findings and intent
Executive (EXC) CHAPTER 18, ARTICLE 46
§ 961-a. Legislative findings and intent. The legislature hereby finds
that the tidal waters located between the southern shore of Long Island
and the coastal barrier beaches constitute a maritime region of
statewide importance, referred to as the South Shore Estuary.

The legislature finds that within the South Shore Estuary and the
associated lands and water bodies that discharge into or affect the
South Shore Estuary, that the federal, state and local governments own
and manage significant interdependent properties in the form of parks,
preserves, historic sites, open space and underwater lands, which help
to sustain biological productivity and diversity, economic viability and
recreational enjoyment.

The legislature also finds that the South Shore Estuary System
contains and supports many unique marine habitats and locally
significant populations and a diversity of rare, threatened and
endangered species of plants and animals and the protection of their
habitats is in the best interest of the people of New York.

The legislature further finds that the South Shore Estuary system
contains numerous streams that flow into the bays; freshwater and tidal
wetlands that serve as a breeding ground, source of primary production
for the food chain and a natural filter media; and productive clam
fisheries that are mutually supportive and ultimately dependent upon the
maintenance of the hydrologic and ecologic integrity of the region.

The legislature, in addition, finds that the South Shore Estuary is of
tremendous economic and social importance to the state, containing the
largest concentration of recreational and commercial vessels, marinas
and other water dependent businesses, supporting hundreds of baymen with
a livelihood harvesting clams, finfish and other marine organisms and
providing recreation opportunities to millions of residents and tourists
each year.

The legislature finds that there is a multitude of governmental
entities and agencies that share responsibility for the regulation,
management, and protection of the Estuary and its resources and which
govern private and public land use and activities; and despite existing
programs, the water quality and productivity of the South Shore Estuary
have declined due to the intensity and variety of land uses in a highly
developed suburban setting which produce point and nonpoint source of
pollution.

The legislature finds that this region, in which there are private and
public water and land uses which depend upon the health and productivity
of the South Shore Estuary, could better be protected and managed
through the development of a comprehensive management plan.

Therefore, the legislature finds that the purpose of this article is
to provide a means for public and private interests to act collectively
and pool resources and expertise to: integrate and coordinate existing
programs and studies; identify and make recommendations to mitigate
pollution sources in order to maintain or enhance water quality,
maximize natural productivity and improve management of shellfish
harvest areas to insure economic viability and minimize health risk;
make recommendations on policies designed to balance the preservation of
natural resources while providing adequate access and use of resources
for the public as well as stability for water dependent businesses and
tourism; make recommendations on methods to protect the value of
existing public and private investment that has already been made in the
region; and provide direction for state and local governments to
protect, preserve and properly manage the unique natural resources of
the South Shore estuary for the benefit of existing and future
generations.

However, it is not the legislature's intent for this article or the
management plan created pursuant to this article to be construed to
require or to be used as a basis for requiring a cumulative analysis or
a generic environmental impact statement pursuant to article eight of
the environmental conservation law from any applicant, owner of
property, the state, its political subdivision or any agencies thereof
as a precondition for the approval of any proposed development, action
or alteration of the same proposed to be undertaken within the
geographic area designated as the Long Island South Shore Estuary
Reserve, unless otherwise required by law.