Authorizes the use of mechanical harvesting gear within the entire boundary of a lease issued, regardless of lease size, given a cultivation plan is made available

Summary of provisions

Paragraph 6 of Section 13-0302 of the environmental Conservation Law, as added by Chapter 425 of the Laws of 2004, is amended to authorize a holder of a shellfish cultivation lease, issued pursuant to the Suffolk County shellfish Aquaculture Lease Program, to harvest oysters, hard clams, razor clams and other shellfish by mechanical means, including the use of hydraulic dredge, within the entire boundary of their leased site, given a cultivation plan is submitted to and approved by the DEC.

Justification

Chapter 425, Laws of New York 2004, amended the Environmental Conservation Law by adding Section 13-0302 under which the State of New York ceded 110,000 acres of underwater land in Peconic Bay and Gardiners Bay to Suffolk County for the purpose of shellfish cultivation, and authorized Suffolk County to develop a leasing program that would provide current and new shellfish growers access to these waters in an environmentally sustainable way. The Suffolk County shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay was adopted by Suffolk County in 2009, and implementation is underway.

The Suffolk County Department of Planning completed two shellfish aquaculture lease cycles in 2010, and the third cycle will be completed during 2011. In Cycle 1 (conversion of Temporary Marine Use Assignments into leases), twenty-one lease applications are proceeding with the execution of a lease on their selected and approved lease site locations. A total of 195 acres are being leased thought his cycle. In Cycle 2 (private grant owners), the Aquaculture Lease Board approved lease overlays on three oyster grant without conditions (total area 275 acres); and approved, with conditions, lease overlays of 20 acres each on nine other oyster grants (total area of 180 acres). Five applicants are proceeding with the process to obtain a lease overlay on their private oyster grant parcels. In Cycle 3 (new leases subject to annual acreage cap limit), one hundred fifteen acres are available for lease. The entire application process will be conducted during 20 II to determine those

sites eligible for lease, and identify the applicants that will be able to proceed with the program.

The Suffolk County Aquaculture Lease Program presents an opportunity to expand the aquaculture industry in New York, with many new prospective shellfish farmers expressing interest in the program.

In many instances, mechanical and hydraulic harvesters are the only economically feasible way to cultivate shellfish. Off bottom culture and hand harvesting methods may not always be possible or effective. The leasing program is an environmentally and economically sustainable aquaculture program in and of itself, which does not need additional gear restrictions. Mechanical harvesting of shellfish has been shown to have a relatively low impact on habitat. Shellfish growers have a vested interest in protecting the environment from which they make their livelihood and implement best management practices, themselves, to ensure future cultivation. Not allowing mechanical harvesting speaks against the intent of the leasing program and will severely limit opportunities in New York's shellfish industry. If shellfish harvesters cannot grow and cultivate shellfish in an economically feasible manner, they will bring their operation to other neighboring.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.