Section 961-A. Legislative findings and intent  


Latest version.
  • The legislature hereby finds
      that  the tidal waters located between the southern shore of Long Island
      and  the  coastal  barrier  beaches  constitute  a  maritime  region  of
      statewide importance, referred to as the South Shore Estuary.
        The  legislature  finds  that  within  the South Shore Estuary and the
      associated lands and water bodies that  discharge  into  or  affect  the
      South  Shore  Estuary, that the federal, state and local governments own
      and manage significant interdependent properties in the form  of  parks,
      preserves,  historic  sites, open space and underwater lands, which help
      to sustain biological productivity and diversity, economic viability and
      recreational enjoyment.
        The legislature  also  finds  that  the  South  Shore  Estuary  System
      contains   and   supports   many  unique  marine  habitats  and  locally
      significant  populations  and  a  diversity  of  rare,  threatened   and
      endangered  species  of  plants  and animals and the protection of their
      habitats is in the best interest of the people of New York.
        The legislature further finds that  the  South  Shore  Estuary  system
      contains  numerous streams that flow into the bays; freshwater and tidal
      wetlands that serve as a breeding ground, source of  primary  production
      for  the  food  chain  and  a  natural filter media; and productive clam
      fisheries that are mutually supportive and ultimately dependent upon the
      maintenance of the hydrologic and ecologic integrity of the region.
        The legislature, in addition, finds that the South Shore Estuary is of
      tremendous economic and social importance to the state,  containing  the
      largest  concentration  of  recreational and commercial vessels, marinas
      and other water dependent businesses, supporting hundreds of baymen with
      a livelihood harvesting clams, finfish and other  marine  organisms  and
      providing recreation opportunities to millions of residents and tourists
      each year.
        The  legislature  finds  that  there  is  a  multitude of governmental
      entities and agencies that  share  responsibility  for  the  regulation,
      management,  and  protection  of the Estuary and its resources and which
      govern private and public land use and activities; and despite  existing
      programs,  the water quality and productivity of the South Shore Estuary
      have declined due to the intensity and variety of land uses in a  highly
      developed  suburban  setting  which produce point and nonpoint source of
      pollution.
        The legislature finds that this region, in which there are private and
      public water and land uses which depend upon the health and productivity
      of the South Shore  Estuary,  could  better  be  protected  and  managed
      through the development of a comprehensive management plan.
        Therefore,  the  legislature finds that the purpose of this article is
      to provide a means for public and private interests to act  collectively
      and  pool  resources and expertise to: integrate and coordinate existing
      programs and studies; identify  and  make  recommendations  to  mitigate
      pollution  sources  in  order  to  maintain  or  enhance  water quality,
      maximize  natural  productivity  and  improve  management  of  shellfish
      harvest  areas  to  insure  economic viability and minimize health risk;
      make recommendations on policies designed to balance the preservation of
      natural resources while providing adequate access and use  of  resources
      for  the  public as well as stability for water dependent businesses and
      tourism; make  recommendations  on  methods  to  protect  the  value  of
      existing public and private investment that has already been made in the
      region;  and  provide  direction  for  state  and  local  governments to
      protect, preserve and properly manage the unique  natural  resources  of
      the  South  Shore  estuary  for  the  benefit  of  existing  and  future
      generations.
    
        However, it is not the legislature's intent for this  article  or  the
      management  plan  created  pursuant  to  this article to be construed to
      require or to be used as a basis for requiring a cumulative analysis  or
      a  generic  environmental  impact statement pursuant to article eight of
      the   environmental  conservation  law  from  any  applicant,  owner  of
      property, the state, its political subdivision or any  agencies  thereof
      as  a  precondition for the approval of any proposed development, action
      or  alteration  of  the  same  proposed  to  be  undertaken  within  the
      geographic  area  designated  as  the  Long  Island  South Shore Estuary
      Reserve, unless otherwise required by law.