[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:
(1) 
Provision of additional opportunity for commercial fishermen to maintain their economic viability.
(2) 
An increase in employment in shellfish cultivation and marine-related industries.
(3) 
Provision of income from sale of shellfish and increased sales tax revenue to the County.
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:
(1) 
Augmenting the spawning potential of native shellfish populations.
(2) 
Exerting a positive influence on water quality by helping to control nutrient cycling and preventing noxious plankton blooms.
(3) 
Providing increased substrate for both flora and fauna on bottom structures.
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.
[Amended 3-2-2021 by L.L. No. 9-2021; 12-16-2025 by L.L. No. 4-2026]
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.
ADMINISTRATIVE GUIDANCE
The document entitled "Shellfish Aquaculture Lease Program in Peconic Bay and Gardiner's Bay Revised Administrative Guidance," dated September 22, 2025, 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 and forms for implementation of the Suffolk County Shellfish Aquaculture Lease Program and directives for conducting shellfish aquaculture under the lease program.
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.
AQUACULTURE LEASE SITES MAP
A map prepared by the Department which depicts the aquaculture sites leased by Suffolk County and may incorporate overlays, including but not limited to a depiction of the Shellfish Cultivation Zone Map. This Aquaculture Lease Sites Map may be updated and revised by the Department from time to time in its discretion.
DEPARTMENT
Suffolk County Department of Economic Development and Planning.
DIRECTOR
The Director of the Division of Planning and Environment within the Suffolk County Department of Economic Development and Planning.
DIVISION
The Suffolk County Division of Planning and Environment within the Suffolk County Department of Economic Development and Planning.
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 September 22, 2025, 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.
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.
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.
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.
[1]
Editor's Note: Exhibit A is on file in the County offices.
[2]
Editor's Note: Exhibit B is on file in the County offices.
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.
[Amended 3-2-2021 by L.L. No. 9-2021; 12-16-2025 by L.L. No. 4-2026]
A. 
The document entitled "Shellfish Aquaculture Lease Program in Peconic Bay and Gardiner's Bay Revised Administrative Guidance," dated September 22, 2025, 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.
[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.
E. 
The Director shall maintain an official copy of the Administrative Guidance and shall post the document on the Suffolk County website.
[Amended 3-2-2021 by L.L. No. 9-2021; 12-16-2025 by L.L. No. 4-2026]
A. 
The Shellfish Cultivation Zone Map, dated September 22, 2025, 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.
[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:
(1) 
Lease premises shall be located within the Shellfish Cultivation Zone.
(2) 
Lease premises shall meet the criteria in New York Environmental Conservation Law § 13-0302(4).
(3) 
Lease premises shall be located in approved waters and shall meet all regulatory criteria.
(4) 
The Aquaculture Lease Board shall determine which sites shall be available for leasing, in accordance with § 475-18 of this article. Lease premises shall be located within a site approved by the Aquaculture Lease Board.
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:
(a) 
Enter into and renew leases.
(b) 
Expand the size of or relocate the lease premises.
(c) 
Deny or terminate a lease.
(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.
If a lease for shellfish aquaculture is not executed by December 31, 2010, the Suffolk County Shellfish Aquaculture Leasing Program shall terminate.