§ 13-0302. Lands underwater of Gardiner's and Peconic bays.\n 1. Underwater lands ceded to county of Suffolk. All the right, title\nand interest in which the people of the state of New York have in and to\nthe lands under water of Gardiner's and Peconic bays in the county of\nSuffolk, except underwater lands within one thousand feet of the high\nwater mark is hereby ceded to such county, for the purposes of shellfish\nor seaweed cultivation, to be managed and controlled by such county,\nprovided that such lands shall revert to the state when they shall cease\nto be used for shellfish or seaweed cultivation. For the purposes of\nthis section, the term "Gardiner's and Peconic bays" shall mean the\nwaters of Gardiner's and Peconic bays and the tributaries thereof\nbetween the westerly shore of Great Peconic bay and an easterly line\nrunning from the most easterly point of Plum island to Goff point at the\nentrance of Napeague harbor.\n 2. Ratification. The grant of lands under the waters of Gardiner's and\nPeconic bays, by the commissioners of shell fisheries, in accordance\nwith the provisions of chapter 385 of the laws of 1884, as amended,\nsubsequently held and used by the grantees, heirs, successors, and\nassigns on which all taxes and assessments have been paid, are hereby\nratified and confirmed. Any underwater lands in Gardiner's and Peconic\nBays previously granted that revert or escheat to the state or are\nsubject to tax deed by the county of Suffolk shall be available to the\ncounty for leasing pursuant to this section. All other lands under such\nwaters, which pursuant to such chapters, have escheated or reverted to\nthe state, are hereby ceded to Suffolk county for the purposes of the\ncultivation of shellfish or seaweed, subject to existing valid grants\nand easements; provided however, that nothing in this section shall\ninterfere with the right of the commissioner of general services to\ngrant lands and easements under water to owners of adjacent uplands,\npursuant to the provisions of the public lands law, or of the\nlegislature to make such grants without regard to upland ownership, and\nto grant franchises to utilities, municipalities and governmental,\neducational, or scientific bodies for cables, outfalls, ecological\nstudies, and experimentation with controlled marine life.\n 3. Leases for shellfish cultivation. Suffolk county may lease lands\nunder water ceded to it by the state for the purpose of shellfish\ncultivation. Provided if no such leases have been executed by December\nthirty-first, two thousand ten, such authority to lease pursuant to this\nsection shall terminate.\n a. Leases may be issued only within areas designated as shellfish\ncultivation zones on a map or maps to be prepared and approved by the\ncounty of Suffolk.\n b. No lease shall be granted except upon written application on forms\nfurnished by the county of Suffolk, and properly executed and signed by\nthe applicant.\n c. Before a lease is approved, notice shall be provided for at least\ntwo months by posting such notice at the bureau of marine resources in\nthe department, the office of the county clerk, and the office of the\ntown clerk in which all or any part of the lands to be leased are\nlocated. Such notice shall also be published in the official newspaper\nof the county. The notice shall include the name of the lessee, the\nboundaries of the lease, and the area of the lease. A copy of the\nproposed lease shall be available for public inspection and copying in\nthe office of the county clerk.\n 4. Establishment of shellfish cultivation zones. Before leasing or\nusing the lands hereby ceded to it, the county of Suffolk shall cause an\naccurate survey to be made of such lands, and a map or maps to be\nprepared therefrom. Such map or maps shall establish shellfish\ncultivation zones within Gardiner's and Peconic bays. Such map or maps\nshall be approved by local law. After such map or maps have been\nadopted, the county sh
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