Section 13-0301. Lease of state-owned underwater lands for shellfish cultivation

1. Leases. a. Except as provided in paragraph b of  this  subdivision,
  the  department may lease state-owned underwater lands within the marine
  and coastal district for  the  cultivation  of  shellfish.  The  written
  approval  of  the  office  of general services shall be obtained for the
  lease of land within five hundred feet of the high water mark.
    b. The following lands underwater shall not be leased: (i) lands where
  there is an indicated presence of shellfish in sufficient  quantity  and
  quality  and so located as to support significant hand raking or tonging
  harvesting; (ii) lands where the leasing will result  in  a  significant
  reduction  to  established  commercial  finfish or crustacean fisheries;
  (iii) lands where bay scallops are produced regularly  on  a  commercial
  basis;  and (iv) lands underwater 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 Napeaque harbor.
    2. Regulations. a. Regulations  adopted  by  the  department  for  the
  implementation   and   administration  of  this  section  shall  include
  regulations with respect to leasing forms and procedures; public  notice
  of   leasing;   execution   of  leases;  minimum  rental  fees;  bidding
  procedures; posting and  forfeiture  of  financial  security,  renewals,
  termination  and  assignment  of leases; marking and testing of grounds;
  maintenance of boundary markers;  collection  of  rental  and  recording
  fees;  submission  and  approval  of cultivation plans; harvesting gear;
  acreage of lands to  be  let  and  term  of  leases  and  other  matters
  pertinent to underwater land use and shellfish cultivation.
    b.  Regulations  adopted  by the department for the implementation and
  administration of this section shall include the following requirements:
  (i) leases shall be awarded after public auction following  due  notice;
  (ii)  leases  shall  be awarded to the highest responsible bidder; (iii)
  bidders shall provide a detailed cultivation plan; and (iv)  cultivation
  of shellfish shall commence within one year of the award of the lease.
    3. Summary proceedings. Upon failure to pay the rental on any date due
  under  the  terms  of  the lease or upon revocation, the department 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 seven of the  real
  property  actions  and  proceedings  law  shall  apply  and  govern  the
  procedure in such cases.
    4. Limitations. The commissioner of general services shall  not  grant
  or  lease  lands  for  shellfish  cultivation.  The  public shall not be
  excluded from the taking of shellfish from underwater lands  granted  or
  leased  by such commissioner for other purposes; provided, however, that
  should any grant or lease made  by  such  commissioner  for  such  other
  purposes   include   lands   leased  by  the  department  for  shellfish
  cultivation  the  lessee  for  shellfish  cultivation  shall  have   the
  exclusive  right  to use and take shellfish from such leased lands for a
  period of two years from  the  date  of  the  grant  or  lease  by  such
  commissioner or until the expiration of the shellfish cultivation lease,
  whichever  is  the  earliest,  and  may  prior to the expiration of such
  period, remove and transplant the shellfish from  such  lands  to  other
  lands leased, owned or controlled by such lessee.