As used in this article, the following terms shall have the
meanings indicated:
2010 LEASE ACREAGE CAP LIMIT
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]
ADMINISTRATIVE GUIDANCE
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, 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]
APPROVED WATERS
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.
AQUACULTURE
Shellfish cultivation for human use, consumption and resource
restoration.
AQUACULTURE LEASE BOARD
A board established by this article to determine which proposed
lease sites within the Shellfish Cultivation Zone will be eligible
for leasing.
DEPARTMENT
Suffolk County Department of Economic Development and Planning.
[Amended 3-2-2021 by L.L.
No. 9-2021]
DIRECTOR
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]
DIVISION
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]
PERSON
Individuals, corporations of all types, partnerships, joint
ventures, associations, trusts, educational institutions, governments,
trusts, trustees, and any other lawful entity.
PRIVATE OYSTER GRANT
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.
SHELLFISH
Oysters, scallops, and all kinds of clams and mussels.
SHELLFISH AQUACULTURE LEASE (LEASE)
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.
SHELLFISH CULTIVATION
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.
SHELLFISH CULTIVATION ZONE
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.
SHELLFISH CULTIVATION ZONE MAP
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, as adopted herein and as may be amended from time to time.
[Amended 3-2-2021 by L.L.
No. 9-2021]
SUBSTANTIAL SHELLFISH AQUACULTURE ACTIVITY
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]
SUFFOLK COUNTY SHELLFISH AQUACULTURE LEASE PROGRAM
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]
TEMPORARY MARINE AREA USE ASSIGNMENT (TMAUA)
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.
[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.
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.