Councilor Knobel spoke at the request of the East Hampton Town Baymen’s Association on the current controversy surrounding the use by a firm, Aquaculture Technologies, of mechanized dredging equipment on leased shellfish beds in the Peconic Bays System. The Association contends that this firm has no rights to naturally-set shellfish under the terms by which they acquired these underwater lands. Mr. Colvin gave a brief summary of his understanding of the history and current status of this matter, adding that the legal issues involved in this case were quite complicated. Between 1894 and 1915, Suffolk County issued grants of underwater lands in the Peconic Bay - Gardiner’s Island area to private parties to conduct oyster culture. In doing so, the county issued deeds and assessed taxes continuously. These deeds conveyed titles which were transferred over the years. These were grants, not leases. In the 1980’s, the then-title holder, Long Island Oyster Farms, went bankrupt. Title to the lands in question reverted to a court-appointed trustee, who subsequently sold it to two parties. Aquaculture Technologies was given a quit claim deed. They came to DEC, declared intent to cultivate oysters, and received a bed permit. Some months thereafter, Aquaculture Technologies began dredging shellfish. Questions were immediately raised about their title and what it allowed them to do with respect to naturally-produced shellfish on their grounds. The DEC notified Aquaculture Technologies that further review of the situation might result in their permit being revoked and requested the firm to voluntarily stop dredging while the legal issue/title rights were further investigated and ultimately decided. Aquaculture Technologies refused on the grounds that it was acting under the aegis of the federal bankruptcy court. The state Attorney General is currently doing a title search, and Suffolk County is also involved.

The Council will follow this matter as it unfolds.