[Adopted 8-4-2009 by L.L. No. 25-2009 (Ch. 298, Art. II,
of the 1985 Code)]
A.
This Legislature finds that New York State ceded all rights, title
and interest to certain underwater lands of Peconic and Gardiner's
Bays, formerly owned by the People of the State of New York, to the
County for purposes of shellfish cultivation, under New York Environmental
Conservation Law § 13-0302.
B.
This Legislature finds that New York Environmental Conservation Law
§ 13-0302 requires adoption of a local law in order to establish
the Suffolk County Shellfish Aquaculture Lease Program for the underwater
lands in Peconic and Gardiner's Bays.
C.
This Legislature further finds that since 1884, New York State has
repeatedly attempted to establish a statutory framework whereby the
business of cultivating shellfish could be fostered and managed.
D.
This Legislature finds that in New York Environmental Conservation
Law § 13-0302, it was found that failure to undertake an
aquaculture leasing program for the underwater lands in Gardiner's
and Peconic Bays resulted in adverse economic impacts and the loss
of economic opportunity for the region, and that New York Environmental
Conservation Law § 13-0302 was adopted in order to eliminate
impediments, foster the establishment and obtain the economic benefits
of a shellfish aquaculture lease program consistent with established
conservation principles.
E.
This Legislature finds and agrees that there will be potential economic
benefits from the Suffolk County Shellfish Aquaculture Lease Program,
including:
F.
This Legislature finds that the County's Shellfish Aquaculture Lease
Program is consistent with established conservation principles and
will provide water quality and environmental benefits to the County
and its residents, such as:
G.
This Legislature finds that the Suffolk County Shellfish Aquaculture
Lease Program will provide cultural benefits, by strengthening the
historic tradition of shellfishing in Suffolk County waters.
H.
This Legislature finds that the Suffolk County Shellfish Aquaculture
Lease Program will provide the additional public benefit of increasing
access to underwater lands in the Peconic and Gardiner's Bays for
raising shellfish, while minimizing conflicts with commercial fishermen
and other bay users.
I.
This Legislature finds that the Suffolk County Shellfish Aquaculture
Lease Program was developed by the Department of Planning with extensive
input from the Aquaculture Lease Program Advisory Committee (ALPAC),
established by Suffolk County Executive Order Nos. 44-2005 and 45-2005,
government officials, experts and the public, over a period of four
years.
J.
This Legislature finds that the Suffolk County Shellfish Aquaculture
Lease Program was reviewed pursuant to the State Environmental Quality
Review Act, New York Environmental Conservation Law Article 8 (SEQRA),
as a Type I action, that a positive declaration was issued, and that
a draft and final generic environmental impact statement were prepared.
K.
This Legislature finds that the SEQRA process was completed by adoption
of Res. No. 1028-2008, Adopting the State Environmental Quality Review
Act Statement of Findings for the Final Generic Environmental Impact
Statement on the Suffolk County Shellfish Aquaculture Lease Program
in Peconic Bay and Gardiner's Bay.
L.
This Legislature finds that the Suffolk County Shellfish Aquaculture
Lease Program, as adopted herein, fully complies with the requirements
of New York Environmental Conservation Law § 13-0302.
M.
Therefore, the purpose of this article is to establish the Suffolk
County Shellfish Aquaculture Lease Program in a manner which complies
with New York Environmental Conservation Law § 13-0302,
SEQRA and applicable laws concerning shellfish aquaculture.
As used in this article, the following terms shall have the
meanings indicated:
Limitation of 600 acres of new lease acreage that could be
leased during the first 10 years of the Suffolk County Shellfish Aquaculture
Lease Program implementation; this cap did not include leases issued
for former temporary marine area use assignments or private oyster
grants. The first 10 years of the Suffolk County Shellfish Aquaculture
Lease Program began upon the first execution of aquaculture leases
in 2010 and ended in 2019. Although the Program was enacted in 2009,
no leases were issued until 2010, therefore the Program's start date
is 2010.
[Added 3-2-2021 by L.L.
No. 9-2021]
The document entitled "Suffolk County Shellfish Aquaculture
Lease Program in Peconic Bay and Gardiner's Bay Revised Administrative
Guidance," dated February 19, 2021, prepared by the Department, incorporated
by reference and made a part hereof as Exhibit A,[1] as adopted herein and as may be amended from time to time.
The Administrative Guidance, as revised herein, contains updates to
previously adopted administrative procedures for implementation of
the Suffolk County Shellfish Aquaculture Lease Program and directives
for conducting shellfish aquaculture under the lease program.
[Amended 3-2-2021 by L.L.
No. 9-2021]
Waters which have been classified by the New York State Department
of Environmental Conservation (NYSDEC) as certified for the taking
of shellfish for human consumption on a regular basis.
Shellfish cultivation for human use, consumption and resource
restoration.
A board established by this article to determine which proposed
lease sites within the Shellfish Cultivation Zone will be eligible
for leasing.
Suffolk County Department of Economic Development and Planning.
[Amended 3-2-2021 by L.L.
No. 9-2021]
The Director of the Division of Planning and Environment
within the Suffolk County Department of Economic Development and Planning.
[Amended 3-2-2021 by L.L.
No. 9-2021]
The Suffolk County Division of Planning and Environment within
the Suffolk County Department of Economic Development and Planning.
[Added 3-2-2021 by L.L.
No. 9-2021]
Individuals, corporations of all types, partnerships, joint
ventures, associations, trusts, educational institutions, governments,
trusts, trustees, and any other lawful entity.
The underwater lands previously granted to private individuals
by Suffolk County during the mid-1800s to the early 1900s for purposes
of oyster cultivation, pursuant to Chapter 385, Laws of 1884, and
subsequent amendments.
Oysters, scallops, and all kinds of clams and mussels.
The document that conveys a leasehold interest and the right
to conduct shellfish aquaculture activities on Suffolk-County-owned
underwater lands in Gardiner's and Peconic Bays.
The controlled, or partially controlled, raising, breeding,
growing, and containment of shellfish in any marine hatchery or through
on-bottom or off-bottom culture as permitted by the County of Suffolk,
New York State Fish and Wildlife Law (New York Environmental Conservation
Law Article 11), and other applicable federal, state and local laws
and regulations. Shellfish cultivation is the equivalent of shellfish
aquaculture.
The area in Peconic Bay and Gardiner's Bay within which shellfish
aquaculture leases can be issued by the County of Suffolk. These areas
are shown on the Shellfish Cultivation Zone Map adopted herein.
The revised map, dated February 19, 2021, prepared by the
Department, which depicts the revised Shellfish Cultivation Zone,
incorporated by reference and made a part hereof as Exhibit B,[2] as adopted herein and as may be amended from time to time.
[Amended 3-2-2021 by L.L.
No. 9-2021]
A good faith effort to prepare an aquaculture site; acquire
financing, permits, equipment and/or seed; plant, cultivate, or harvest
cultivated shellfish product; or conduct other shellfish aquaculture-related
activity on a shellfish aquaculture lease. In addition to shellfish
cultivation activities, substantial shellfish aquaculture activity
may include documentation in the form of receipts for shellfish aquaculture
equipment and/or shellfish seed purchases, landings reports, records
of shellfish product sales, photographs, or other relevant documents.
If substantial shellfish aquaculture activity (as described herein)
for two consecutive years is not documented by the lessee upon request
of the Department, a lessee shall be deemed by the Department not
to have conducted substantial shellfish aquaculture activity.
[Amended 3-2-2021 by L.L.
No. 9-2021]
The program established herein pursuant to Local Law 25-2009,
as amended, for conveyance of Shellfish Aquaculture Leases, and all
written County policies, as amended, concerning the Suffolk County
Shellfish Aquaculture Lease Program, including without limitation,
this article and the Administrative Guidance.
[Amended 3-2-2021 by L.L.
No. 9-2021]
An approval document issued by the New York State Department
of Environmental Conservation for use of a circular parcel of underwater
land with a diameter of 500 feet (approximately five acres) for the
purposes of shellfish cultivation. All TMAUAs are for temporary use
only, expiring on December 31 of the year issued.
A.
The County of Suffolk hereby accepts from the State of New York all
the right, title and interest 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 1,000
feet of the high water mark, as ceded to the County of Suffolk by
New York Environmental Conservation Law § 13-0302 (L. 2004,
c. 425), subject to all terms and conditions thereof, for the purposes
of shellfish cultivation, to be managed and controlled by the County
of Suffolk, provided that such lands shall revert to the State of
New York when they shall cease to be used for shellfish cultivation.
"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.
B.
In New York Environmental Conservation Law § 13-0302 (L. 2004, c. 425), the State of New York ratified and confirmed the grant of lands under the waters of Gardiner's and Peconic Bays, by the New York State Commissioner 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. The State of New York also provided that any underwater lands in Gardiner's and Peconic Bays previously granted that revert or escheat to the State of New York or are subject to tax deed by the County of Suffolk shall be available to the County of Suffolk for leasing, pursuant to New York Environmental Conservation Law § 13-0302 (L. 2004, c. 425). The County of Suffolk hereby accepts from the State of New York all the right, title and interest which the People of the State of New York have or shall have in and to such lands described in this Subsection B and in New York Environmental Conservation Law § 13-0302(2) (L. 2004, c. 425).
C.
Pursuant to New York Environmental Conservation Law § 13-0302 (L. 2004, c. 425), all lands other than those described in Subsection B hereof under the waters of Gardiner's and Peconic Bays, which have escheated or reverted to the State of New York, were ceded to the County of Suffolk for the purposes of the cultivation of shellfish, subject to existing valid grants and easements; provided, however, that nothing in New York Environmental Conservation Law § 13-0302 shall interfere with the right of the New York State Commissioner of General Services to grant lands and easements underwater to owners of adjacent uplands, pursuant to the provisions of the public lands law, or of the New York State 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. The County of Suffolk hereby accepts from the State of New York all the right, title and interest which the people of the State of New York have in and to such lands described in this Subsection C and in New York Environmental Conservation Law § 13-0302(2) (L. 2004, c. 425).
D.
The Director, in consultation with the County Attorney, is hereby
authorized, empowered and directed to take any and all steps necessary
to protect the County's interest in the land accepted by this article.
A.
There is hereby established the Suffolk County Shellfish Aquaculture
Lease Program, in order to foster shellfish aquaculture and restore
and conserve the natural resources in Peconic and Gardiner's Bays,
and to implement the leasing program authorized by § 13-0302
of the New York Environmental Conservation Law.
B.
Under the Suffolk County Shellfish Aquaculture Lease Program, the
County of Suffolk may issue leases to underwater lands within the
Shellfish Cultivation Zone for the purpose of shellfish aquaculture.
C.
The Suffolk County Shellfish Aquaculture Lease Program shall be implemented
in compliance with this article and New York Environmental Conservation
Law § 13-0302, notwithstanding any provision of the New
York County Law or the Suffolk County Administrative Code or any other
provisions to the contrary.
D.
The Suffolk County Shellfish Aquaculture Lease Program shall be implemented
in accordance with the conditions, thresholds and criteria adopted
in Res. No. 1028-2008, Adopting the State Environmental Quality Review
Act Statement of Findings for the Final Generic Environmental Impact
Statement on the Suffolk County Shellfish Aquaculture Lease Program
in Peconic Bay and Gardiner's Bay, and the final generic environmental
impact statement.
E.
The Suffolk County Shellfish Aquaculture Lease Program shall be implemented
in accordance with the New York State Fish and Wildlife Law (New York
Environmental Conservation Law Article 11) and the New York Navigation
Law.
A.
Prior to commencement of shellfish aquaculture on the underwater
lands subject to the Suffolk County Shellfish Aquaculture Lease Program,
any person conducting shellfish aquaculture shall obtain a lease from
the County of Suffolk.
B.
A person shall conduct shellfish aquaculture in compliance with this
article, the Administrative Guidance as defined herein, the lease
and any other written policies adopted by the County of Suffolk or
the Director.
C.
A person shall conduct shellfish aquaculture in compliance with all
applicable federal, state and local laws and permits.
D.
This section shall not apply to private oyster grant holders who
are cultivating oysters only without a lease.
A.
No person shall conduct shellfish aquaculture on underwater lands
ceded to the County of Suffolk by New York Environmental Conservation
Law § 13-0302 (L. 2004, c. 425), and accepted by this article,
without a lease from the County of Suffolk.
B.
This section shall not apply to private oyster grant holders who
are cultivating oysters only without a lease.
A.
The document entitled "Suffolk County Shellfish Aquaculture Lease
Program in Peconic Bay and Gardiner's Bay Revised Administrative Guidance,"
dated February 19, 2021, prepared by the Department, incorporated
by reference and made a part hereof as Exhibit A,[1] is hereby approved and shall constitute, in substantial
form, the regulations of the Suffolk County Shellfish Aquaculture
Lease Program, including the annual lease rental fee and other fees
therein.
[Amended 3-2-2021 by L.L.
No. 9-2021]
[1]
Editor's Note: Exhibit A is on file in the County offices.
B.
The Administrative Guidance may be amended from time to time by local
law. After adoption of any amendments, the Director shall mail notice
of such amendments (by regular or electronic mail) to the Supervisors
of the Towns of Riverhead, Southampton, East Hampton, Southold and
Shelter Island, the New York State Department of Environmental Conservation
and all lessees.
C.
The Department is hereby authorized, empowered and directed to administer,
oversee and provide staff support for the Suffolk County Shellfish
Aquaculture Lease Program and the Aquaculture Lease Board in accordance
with this article and the Administrative Guidance.
D.
The Department may establish procedures, timelines and model forms
and documents, and may make nonsubstantive changes to the Administrative
Guidance, as necessary for implementation of the program or as deemed
necessary by the Suffolk County Department of Law.
[Amended 3-2-2021 by L.L.
No. 9-2021]
E.
The Director shall maintain an official copy of the Administrative
Guidance and shall post the document on the Suffolk County website.
A.
The Shellfish Cultivation Zone Map, dated February 19, 2021, prepared
by the Department, incorporated by reference and made a part hereof
as Exhibit B,[1] is hereby approved. The Shellfish Cultivation Zone Map
shall depict the Shellfish Cultivation Zone.
[Amended 3-2-2021 by L.L.
No. 9-2021]
[1]
Editor's Note: Exhibit B is on file in the County offices.
B.
The Shellfish Cultivation Zone Map shall be subject to review and
update at least every five years, and a report thereon shall be submitted
by the Director to the County Legislature and County Executive. The
Shellfish Cultivation Zone Map shall be updated and amended by resolution
of the Suffolk County Legislature.
C.
The Director and the Suffolk County Clerk shall maintain official
copies of the Shellfish Cultivation Zone Map and shall make the map
available for inspection. The Director shall also post the document
on the Suffolk County website.
A.
The premises leased by a lease under the Suffolk County Shellfish
Aquaculture Lease Program shall meet the following criteria:
B.
The maximum size of lease premises shall be limited to 10 acres,
except for the premises of leases on private oyster grants and leases
for bona fide noncommercial experimental, educational or resource
restoration purposes.
C.
The boundaries of premises leased hereunder shall be surveyed by
a licensed land surveyor, and a survey map shall be prepared by the
surveyor and included in the lease.
D.
No more than 600 acres shall be leased at any one time over the second ten-year period, also known as Phase 2, of the program (beginning upon filing of Local Law No. 9-2021, A Local Law to Amend, Update, and Reorganize Chapter 475, Article II, of the Suffolk County Code with the Secretary of State), exclusive of lease acreage issued during the first 10 years of the program under the 2010 Lease Acreage Cap, private oyster grants and leases for experimental, educational and resource restoration purposes.
[Amended 3-2-2021 by L.L.
No. 9-2021]
A.
A lease shall only be granted or renewed upon written application
on forms furnished by the Department, properly executed and signed
by the applicant, and submitted with the required fee.
B.
Authority of Director.
(1)
The Director is hereby authorized, empowered and directed to take
the following actions on behalf of the County of Suffolk where authorized
by and in accordance with the standards, criteria and procedures in
this article, the Administrative Guidance and the Suffolk County Shellfish
Aquaculture Lease Program:
(2)
The Director is hereby authorized, empowered and directed to execute
any documents necessary to implement this article.
C.
Eligibility for lease.
(1)
To be eligible for a lease, a person must meet the following criteria:
(a)
An applicant for a lease shall be at least 18 years of age.
(b)
An applicant or lessee shall not have been convicted of significant
or repeated civil, criminal or administrative violations of the New
York Environmental Conservation Law or other federal, state or local
law, as it pertains to shellfish, finfish, other marine resources,
environmental protection, food sanitation, navigation or operation
of a vessel by the applicant or lessee. Such determination shall be
made by the Director in accordance with New York Correction Law Article
23-A.
(c)
A lessee shall obtain and be in compliance with permits or other
approvals required by federal, state or local law, as necessary for
the activities on the lease premises.
(d)
An applicant or lessee shall be in compliance with and shall
have complied with the Suffolk County Shellfish Aquaculture Lease
Program, as expressed in this article, the Administrative Guidance
and any written policies adopted by the County of Suffolk.
(e)
An applicant or lessee shall be, and shall have been, in compliance
with the terms of any existing or previous lease.
(f)
An applicant or lessee shall not have submitted false or fraudulent
information or made misrepresentations to the Department.
(g)
An applicant or lessee shall have submitted the documentation
required for an applicant or lessee.
(h)
An applicant or lessee shall have submitted fees and rent required
by the Suffolk County Shellfish Aquaculture Lease Program.
(2)
The applicant or lessee shall have the opportunity to submit written
comments regarding these criteria or on any other relevant topic to
the Director.
D.
When the number of applicants for leases exceeds the number of available
leases, the potential lessees shall be selected and prioritized through
a random selection process of the applicants.
A.
A lease may be issued for a maximum term of 10 years, with an option
to renew, for an additional 10 years, within the sole discretion of
the County. The lease may be renewed thereafter at the sole discretion
of the County. A renewal shall be subject to the terms and conditions
of the Suffolk County Shellfish Aquaculture Lease Program, the Administrative
Guidance, the application fee and the annual lease rental fee as they
exist at the time of renewal.
[Amended 3-2-2021 by L.L.
No. 9-2021]
B.
A lessee shall be required to conduct substantial shellfish aquaculture
activity unless excused by a hardship exemption.
C.
Activities on lands leased under this program (including, but not
limited to, shellfish cultivation, boundary marking, placement of
equipment and navigation) shall be subject to all laws, rules, and
regulations of, and permits required by, the federal, state and local
governments and agencies having jurisdiction.
D.
Issuance of all leases shall be subject to public notice. Notices
shall be published and posted, and shall be available for inspection
and copying, as required by New York Environmental Conservation Law
§ 13-0302.
E.
No lease shall be granted which infringes upon an existing property
right.
F.
A lease shall require that in the event that fees, taxes, assessments
or other governmental charges are imposed upon the County of Suffolk
as a result of the lease or the lessee's shellfish cultivation activities,
the lessee shall be required to reimburse the County for such fees,
taxes, assessments or other governmental charges.
G.
A lessee shall be required to indemnify the County of Suffolk and
defend it against all liabilities, fines, judgments and damages arising
out of the acts, omissions or negligence of the lessee or arising
out of or in connection with lessee's use of the lease site. The form
of the indemnification shall be subject to approval by the County
Attorney.
H.
A lease shall contain provisions for assignment.
[Amended 3-2-2021 by L.L.
No. 9-2021]
I.
Each lease, or a memorandum of lease thereof, shall be recorded by
the lessee in the office of the Suffolk County Clerk.
J.
A lease shall be substantially the same as the model lease in the
Administrative Guidance, subject to approval by the County Attorney.
K.
In the discretion of the County, the Director may require a lessee
to post a bond to secure the lessee's performance on the lease throughout
the lease term. The bond shall be conditioned upon the lessee's satisfactory
performance of the terms of the lease, with surety satisfactory to
the County. The bond shall be paid to the County in the event that
the lessee defaults in payment of the annual lease rental fee or in
the event that the lessee's equipment in, on, over or under the lease
premises is abandoned on the lease premises after expiration or termination
of the lease, or where such equipment creates a dangerous condition,
necessitating County removal of such equipment. In the event that
a bond is to be required, the Director shall determine the amount
of the bond, which shall apply prospectively to leases and lease renewals
executed after imposition of the requirement. The Director may, in
his or her discretion, exempt leases for experimental, educational
and resource restoration purposes from the bond requirement.
[Amended 3-2-2021 by L.L.
No. 9-2021]
L.
Upon the failure of a lessee to pay the annual lease rental fee when
due or upon revocation, 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 7 of the New York Real Property Actions
and Proceedings Law shall apply and govern the procedure in such cases.
The lease may specify other remedies.
A.
A nonrefundable application fee shall be paid for initial lease applications,
applications for subsequent leases held by the same lessee, and applications
to renew a lease, expand the lease premises acreage, and assign a
lease where applicable. When a lessee desires to change the location
of the lease premises at its convenience, an application fee shall
also be paid.
[Amended 3-2-2021 by L.L.
No. 9-2021; 12-21-2021 by L.L. No. 3-2022]
B.
Payment of annual lease rental fees by a lessee shall be required
for each year of a lease.
[Amended 3-2-2021 by L.L.
No. 9-2021]
C.
The State of New York and towns and villages within the County of
Suffolk shall be exempt from payment of an application fee and the
annual lease rental fee.
D.
The application fees and annual lease rental fees may be amended
by resolution of the Suffolk County Legislature.
E.
Fees and rent shall be deposited in the County's general fund.
F.
The fee schedule for the fees, as required by this section, including,
but not limited to the annual lease rental fee, is included within
the Administrative Guidance, which is incorporated by reference and
made a part hereof as Exhibit A.[1]
[Added 3-2-2021 by L.L.
No. 9-2021]
[1]
Editor's Note: Exhibit A is on file in the County offices.
A.
The Aquaculture Lease Board is hereby established.
B.
The members of the Aquaculture Lease Board shall consist of the Commissioner
of the Department of Economic Development and Planning (who shall
act as Chairperson), the Director of the Division of Planning and
Environment in the Department of Economic Development and Planning,
and the Commissioner of the Department of Health Services, or their
designees, one representative from each of the Towns of East Hampton,
Riverhead, Shelter Island, Southampton, and Southold, to be designated
by the County Executive, at least one and no more than two of whom
shall be a member of each of the following user groups: the shellfishing
industry, member of a recreational boating organization, and commercial
harvester/baymen, and one representative from a marine organization
that works in the Peconic Estuary to be designated by the County Executive.
[Amended 11-20-2012 by L.L. No. 3-2013; 3-2-2021 by L.L. No. 9-2021]
C.
The Aquaculture Lease Board shall review all proposed lease sites
and determine whether the proposed lease sites shall be available
for leasing. The Aquaculture Lease Board shall conduct meetings as
necessary to provide an opportunity for oral and written testimony
or evidence concerning each proposed lease site. The Aquaculture Lease
Board shall consider such testimony or evidence in making its determinations.
The Aquaculture Lease Board shall make its determination based upon:
(1)
Whether proposed sites meet the criteria of New York Environmental
Conservation Law § 13-0302 and the Suffolk County Shellfish
Aquaculture Lease Program.
(2)
Factors affecting the desirability of the sites for shellfish cultivation,
including, but not limited to, regional and environmental factors.
D.
If an objection based on natural hard clam (Mercenaria mercenaria)
productivity is deemed credible by the Aquaculture Lease Board, the
Aquaculture Lease Board may find that a proposed lease site is conditionally
eligible, as provided in the Administrative Guidance. In this event,
the Aquaculture Lease Board shall provide the Director with specific
instructions for further disposition, in accordance with the Administrative
Guidance.
E.
The Aquaculture Lease Board shall act by resolution adopted by a
majority of its members, shall keep minutes of its proceedings, and
may establish its own meeting procedures.
F.
The Aquaculture Lease Board shall advise the Director, upon request
of the Director, on any matter relating to shellfish aquaculture,
including the development of guidelines and standards for reviewing
new lease applications, renewing lease applications, relocating lease
sites, lease assignments, and emergency lease relocations.
[Added 3-2-2021 by L.L.
No. 9-2021]
[Amended 3-2-2021 by L.L.
No. 9-2021]
Subject to available funding, the Department shall implement
an environmental and administrative compliance monitoring program
and shall seek the cooperation of the Suffolk County Department of
Health Services in formulating and implementing a monitoring program.
The monitoring program shall include collection of data on water quality
and other ecological factors to assess potential beneficial or adverse
impacts of the Shellfish Aquaculture Lease Program on the Peconic
Estuary, as well as collection of field information regarding the
use of the lease sites and monitoring of compliance with the Program's
Administrative Guidance.
A.
The Director shall enforce this article.
B.
A violation of § 475-11A of this article shall be subject to a civil penalty of $1,000 for the first violation, and a civil penalty of $5,000 for a subsequent violation. Such penalties may be obtained by an action brought in a court of competent jurisdiction.
C.
Enforcement by imposition of civil penalties and/or equipment removal
shall be in addition to, and not in lieu of, any other remedies available
to the County of Suffolk at law or in equity, or available pursuant
to a lease.
A.
Any equipment determined by the Department to be on underwater lands
ceded to the County of Suffolk by New York Environmental Conservation
Law § 13-0302 (L. 2004, c. 425), and accepted by this article
without a lease in violation of this article, shall be subject to
removal.
[Amended 3-2-2021 by L.L.
No. 9-2021]
B.
Subsequent to the termination, revocation, or expiration of a lease,
any equipment left by a former leaseholder on the lease premises shall
be deemed abandoned and subject to removal. Upon such removal, the
former lessee shall be liable for all fees and costs associated with
the removal, transport, and disposal of such property.
[Amended 3-2-2021 by L.L.
No. 9-2021]
C.
Upon removal under Subsection A or B of this section, the County shall hold the equipment for 10 calendar days. Upon the expiration of such ten-day period, if no claims of ownership are received and no attempt is made to secure return of the equipment, the equipment shall be deemed abandoned and may be disposed of by the County in any manner the County deems fit, including, but not limited to, sale, donation or destruction of such property. The County shall retain any sale proceeds.
[Amended 3-2-2021 by L.L.
No. 9-2021]
D.
The owner may commence the process for return of the equipment by contacting the Department in writing to claim ownership under Subsections A and B. The written claim must be received before the expiration of the ten-day period in Subsection C hereof. The Department shall return the equipment to the owner/claimant upon the claimant's payment to the County of Suffolk of the County's costs to remove, transport and store the equipment. The owner shall be charged the full cost incurred by the County to remove, transport and store such equipment.
[Amended 3-2-2021 by L.L.
No. 9-2021]
E.
The County of Suffolk shall not be obligated to keep the equipment
beyond the time periods described herein.
F.
In the event of such equipment removal, the County shall not be liable
for loss or damage to the equipment or to any contents thereof, or
for disposal or destruction in accordance with this article.
This article shall apply to actions occurring on or after the
effective date of this article.
If a lease for shellfish aquaculture is not executed by December
31, 2010, the Suffolk County Shellfish Aquaculture Leasing Program
shall terminate.
