Lease Program Participants
Individuals or entities, who wish to conduct shellfish aquaculture activities within Peconic Bay and Gardiners Bay, with the exception of private oyster grant owners that cultivate oysters only, must obtain a lease from Suffolk County. Participants for commercial shellfish aquaculture leases include, prospective shellfish farmers interested in obtaining a 10-acre lease site, private oyster grant owners (that wish to grow shellfish species other than oysters on or within their oyster grant), and existing leaseholders (that wish to obtain a second lease). The County may also accept applications for non-commercial leases, which authorize leases to be used for shellfish aquaculture research, education and/or restoration.
All applicants must meet the eligibility requirements outlined in Section 3.1 of the Revised Administrative Guidance document, which are listed below. If the County determines that a lease applicant does not meet the eligibility requirements the lease application shall be ineligible and returned to the applicant.
- Applicant shall be at least 18 years of age and must provide valid photo identification.
- Applicant must also provide a Social Security Number and/or Federal Tax ID Number (EIN).
Additionally, all lease applicants must satisfy at least one of the following criteria:
- Applicant must have completed a recognized course of study in shellfish aquaculture, marine science or related disciplines; and/or technical training program in shellfish aquaculture.
- Prior shellfish aquaculture experience (two or more years) as an employee or apprentice.
- Prior experience (three or more years) as a commercial baymen and/or shellfisherman.
Other relevant experience may be taken into consideration by the County.
In addition to the standard lease application for new leases, eligible leaseholders may apply to assign, relocate or terminate their lease. Leaseholders whose ten year lease term is expiring and wish to renew their lease may do so by submitting a Lease Renewal Application.
The Department expects to conduct one new lease application cycle per year, beginning in the month of January; specific dates for the application period will be posted on this website. Applications for lease site relocation or for second leases shall also be processed during the annual lease application cycle. For more information on the different applications and the respective application process, please select the relevant link(s) in the table below:
The files below are in pdf file formats. To view pdf files, download the free Adobe Reader here.
|
Shellfish Aquaculture Lease Application
Standard application to apply for a lease during an annual lease application cycle. All applicants must meet eligibility requirements outlined in the Revised Administrative Guidance document.
Shellfish Aquaculture Lease Application
Lease Application Process
Private Oyster Grant Owners (POGO) that are applying for a lease on or within their oyster grant must also complete Attachment C.
Attachment for Private Oyster Grant Owners
|
Lease Assignment
A leaseholder who wish to assign their lease to another person or entity must complete the lease assignment application. The leaseholder (Assignor) and Assignee must meet eligibility requirements outlined in the Revised Administrative Guidance document; and shall be subject to all terms and conditions in effect at the time of relocation.
Lease Assignment Application
Application Process for Lease Assignment
|
Lease Site Relocation
A leaseholder may apply to relocate their operation from their existing lease site to a different lease site that is not being leased at the discretion of the County. Leaseholders must meet eligibility requirements outlined in the Revised Administrative Guidance document; and shall be subject to all terms and conditions in effect at the time of relocation.
Lease Site Relocation Application
Application Process for Lease Site Relocation
|
|
Lease Termination
Leaseholders who wish to terminate their lease prior to the expiration date may do so by submitting this application to the County. The lessee is responsible for the removal of all shellfish aquaculture equipment from the lease area prior to submitting this application.
Combined Lease Termination Application & Final Leaseholder Annual Report Form
Application Process for Lease Termination
|
Lease Renewal
Leaseholders that wish to continue shellfish farming on their existing lease site may apply to renew their lease for an additional ten years. Leaseholders that apply for a lease renewal shall be subject to the terms & conditions of the lease program in effect at the time of the renewal.
Lease Renewal Application
Application Process for Lease Renewal
|
Second Lease Site
Leaseholders that can demonstrate a need for a second lease may apply for a second lease site, provided there is acreage available. Leaseholders must meet the eligibility requirements described in the Revised Administrative Guidance document and be able to document substantial aquaculture activities conducted on their lease site.
Second Lease Site Application
Application Process for Second Lease Site
|
Forms:
Shellfish Aquaculture Lease Agreement: This is the current template of the Shellfish Aquaculture Lease Agreement, which eligible applicants will sign as part of the lease execution process. Aside from corrections or revisions made by the Law Department with respect to County and/or Legislative requirements, this document is not negotiable. Subsequent to the lease execution by the County, an original shall be recorded in the Office of the Suffolk County Clerk.
Suffolk County Form 22, Contractor’s/Vendor’s Public Disclosure Statement: This is the standard public disclosure form for Suffolk County. All persons or business entities that have leases or contracts with Suffolk County are required to complete this form to the County each year they retain their lease. This form is also required to be submitted with their annual Report Form. This form must be notarized prior to submittal to Suffolk County.
Leaseholder Annual Report Form: Per the executed Shellfish Aquaculture Lease Agreement, in order to maintain a lease each leaseholder must submit a completed Leaseholder Annual Report form to the Department 30 days before the lease anniversary date (start of term), along with a payment of the annual lease rental fee and the SC Form 22, each year that they retain their lease with the County. The anniversary date and term of lease shall not be effected by a relocation of lease; all reporting information should be submitted 30 days prior to lease anniversary date.
Notification Regarding Transfer of Ownership or Management in a Company: This document is for leases held by a Corporation, Partnership or Limited Liability Company and the company ownership and/or management authority changes (i.e., changes in shareholders, directors, officers, members or managing members and/or partners); the new owners or authorized managers of the company shall inform the County of the transfer of ownership or management. New owners or managers the company are required to update the entity’s contact information, organizational structure and/or membership, identify shareholders and ownership interest by completing the applicable section of this form and submitting the same to the Department of Economic Development and Planning, Division of Planning and Environment.