2013 New York Consolidated Laws
EXC - Executive
Article 46 - (960 - 970-A) LONG ISLAND SOUTH SHORE ESTUARY RESERVE
961-A - Legislative findings and intent.


NY Exec L § 961-A (2012) What's This?
 
    § 961-a. Legislative findings and intent. 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.

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