Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay & Gardiners Bay Steven Bellone County Executive Department of Economic Development and Planning Ten Year Review Advisory Group Meeting August 20, 2020 Lease Program Authorization – Chapter 425, Laws of New York… 09/14/04 – ECL, Art. 13, Title 3 § 13-0302 • NYS ceded 110,000 acres of underwater lands in Peconic and Gardiners Bays to Suffolk County for the purpose of shellfish cultivation. • Suffolk County has authority to adopt and implement a shellfish cultivation lease program. Lease Program Authorization • Local Law No. 25-2009 • Chapter 475,Article II of the Suffolk County Code – Formally established program requirements and administrative procedures. – Adopted the 29,969 ac. Shellfish Cultivation Zone. Ten Year Review Project • Capital Project No. 7180.110 • Required per Suffolk County Code/ Administrative Guidance. • Review, revise and map updates to Shellfish Cultivation Zone. • Review and recommend revisions to limits on lease issuance and administrative procedures. • Suffolk County Legislature must adopt all changes. Ten Year Review Advisory Group • Director of Planning, Chairperson • US Army Corps of Engineers • Department of Economic Development • Town of East Hampton and Planning • S.C. Legislators from Districts 1 & 2 • Town of Riverhead • Member of the New York State Senate, • Town of Shelter Island District 1 • Member of the New York State Assembly, • Town of Southampton Assembly District 1 • Town of Southold • NYS Dept. of Environmental Conservation, Division of Marine • East Hampton Trustee Resources • Southampton Trustee • US Coast Guard, Sector Long Island Sound, Aids to Navigation Team Moriches • Southold Trustee Ten Year Review Advisory Group • Long Island Oyster Growers Assoc. • East End Town Baymen's Assoc. • Yachting or Sailing Assoc. Rep. • Peconic Estuary Program • Association of Marine Industries • Long Island Farm Bureau • Suffolk County Aquaculture Lease • Cornell Cooperative Extension, Program lessee seaweed specialist • Peconic Baykeeper Role of Advisory Group • Advise the Department of Economic Development and Planning on changes to the Suffolk County Shellfish Aquaculture Lease Program. • Seek the input, views and concerns of local government, stakeholder user groups and the public during this process. Ten Year Review Advisory Group Advisory Group meetings held to date: • Meeting No. 1: November 14, 2018 • Meeting No. 2: April 18, 2019 • Meeting No. 3: June 27, 2019 • Meeting No. 4: November 20, 2019 • Meeting No. 5: May 28, 2020 • Meeting No. 6: August 20, 2020 Ten Year Review Project • Review, revise and map updates to Shellfish Cultivation Zone. • Review and recommend revisions to limits on lease issuance and administrative procedures. • Suffolk County Legislature must adopt all changes. Status of Lease Issuance • Total # of Leases: – 59 leases on a total of 820 acres – One 20-acre lease on a private oyster grant is pending • Acreage available from 600 ac. Lease Cap Limit: – 110 acres available for leasing • Lease Status: – 30 Permitted/leases under cultivation – 17 Permits pending/Applying for permits – Six Notice of Default letters sent – Nine Terminations in process • 80 acres returned to the Cap Updates to Administrative Guidance Document Updates to Administrative Guidance Document Administrative Guidance Document Administrative Guidance Document Updates • Definitions • Chapter 1. Lease Application and Execution Process – Eligibility for Shellfish Aquaculture Leases – Number of Leases Permitted – Establishment of Application Priority – Lease Area Boundary Survey – Lease Execution Administrative Guidance Document Definitions Revised Definitions New Definitions • Aquaculture • Expansion of Lease • Department • Floating Shellfish Gear • Equipment • Seaweed Cultivation • Sensitive Area • Lease Area Boundary Survey • Substantial Shellfish Aquaculture Activity Administrative Guidance Document Chapter 1. Lease Application and Execution Process Eligibility for Shellfish Aquaculture Leases Criteria Established 2009 Additional Criteria Proposed 2020 Lease applicants shall: Lease applicants must meet a minimum of • 18 years of age three of the following: • Not convicted of significant or • Resident of New York State repeated criminal or • Course of study in shellfish aquaculture, administrative violations of marine science, or related disciplines; the Environmental technical training program. Conservation Law • Prior shellfish aquaculture experience (three years or more) • Submission of Shellfish Cultivation Plan • Submission of Aquaculture Business Plan • Prior experience as commercial baymen or shellfishman (three years or more) Administrative Guidance Document Chapter 1. Lease Application and Execution Process Number of Leases Permitted Criteria Established 2009 Proposed 2020 Revisions • Leaseholders are limited to two • Leaseholders are limited to two leases at leases at any one time. any one time. • Separate applications must be • Leaseholders may only apply for a submitted for each lease. second lease or expansion of lease if they • Applications for second meet the eligibility requirements for leases/expansion of lease may be expansion/second lease. considered by the Dept. Only if • Utilize unallocated acreage from 2009 there is lease acreage available Annual Acreage Cap. after all other initial applications requests have been satisfied. Administrative Guidance Document Chapter 1. Lease Application and Execution Process Proposed 2020 Revisions • Establishment of Application Priority • - Will occur before the public notice is issued • Lease Area Boundary Survey – Lease Applicants will be responsible for procuring and paying for the cost of their lease site boundary survey • Submission of Lease Site Boundary Survey Maps – Established timeframe for survey map submission by applicant • Lease Execution – Established timeframe for applicant to sign lease document Administrative Guidance Document Administrative Guidance Document Updates • Chapter 2. Lease Requirements and Procedure – Lease Program Fees – Marking requirement; lease boundary and gear – Expansion of Lease/Second Lease – Subleasing will not be permitted – Substantial Shellfish Cultivation – Lease Termination/Non-renewal by the County – Lease Renewal Proposed 2020 Revised Fee Schedule Non-Commercial Lease Commercial Lease Lease Application Fee: $150 (non-refundable) $150 (non-refundable) Annual Lease Rental Fee: Years 1 thru 3: $100 per 10-acre lease -$250 per 10-acre lease -$100 per 10-acre lease for United States Veterans in Suffolk County -$500 per 10-acre lease for individuals or entities who are not residents of Suffolk County Years 4 and 5: $200 per 10-acre lease -$500 per 10-acre lease -$200 per 10-acre lease for United States Veterans in Suffolk County -$1,000 per 10-acre lease for individuals or entities not residents of Suffolk County Years 6 thru 10: -$750 per 10-acre lease $300 per 10-acre lease -$300 per 10-acre lease for United States Veterans in Suffolk County -$1,500 per 10-acre lease for individuals or entities not residents of Suffolk County Administrative Guidance Document Updates Chapter 2. Lease Requirements and Procedures 2. Lease Site Boundary and Equipment Marking Requirements – All leaseholders are required to set buoy markers in the four corners (if applicable) of their lease area. – Buoy markers should be a minimum of 36" in height; and are required to have a daytime visibility range of one nautical mile and be radar reflective for night time and low visibility navigation. – Additionally buoys should be marked with the SCALP Lease Site and #NYSDEC off-bottom culture permit #. – Leaseholders will be required apply for and obtain Private Aids to Navigation permit from the US Coast Guard. – Equipment/gear buoys will be at the discretion of the lessee, unless required by law. – Gear buoys must be permanently marked with the lessee's name, SCALP Lease site # and NYSDEC off-bottom culture permit #. Administrative Guidance Document • Chapter 2. Lease Requirements and Procedure – Established timeframe to submit regulatory permit applications to respective federal and state agencies; lack of compliance subject to termination. – Submission by leaseholder of permit applications and issued permits. – As required, leaseholders must continue to meet required Substantial Shellfish Aquaculture Activity to be considered “active”. • A lease will be considered not to have substantial shellfish aquaculture activity if lease activity as defined in the revised Administrative Guidance is not documented for two consecutive years. Administrative Guidance Document Chapter 2. Lease Requirements and Procedures Expansion of Lease/ Second Lease Criteria Established 2009 Proposed 2020 • Applicable to former Existing leaseholders must meet eligibility TMAUAs and Private Oyster requirements below: Grant owners • Demonstrate Substantial Shellfish • Not convicted of significant or Aquaculture Activity repeated criminal or • Demonstrate three consecutive years of administrative violations of shellfish production/harvest the Environmental • Document investment of $5,000 - Conservation Law $7500/year. • Submission of Shellfish Cultivation Plan for additional lease area. • Not convicted of significant or repeated criminal or administrative violations of the Environmental Conservation Law Administrative Guidance Document Chapter 2. Lease Requirements and Procedures Lease Renewal – All lease renewals are considered and issued at the discretion of the County. – All leaseholders