New York State Division of Marine Resources Bureau of Shellfisheries Leasing and Franchise Ledgers
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Overview of the Records
Repository:
New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230
Summary:
This series contains 20 ledgers documenting specific parcels of land that have been leased or franchised and the taxes paid
on the lands underwater. Information found within the ledgers includes the date of transaction, name of parcel lessee or franchisee,
and amount of taxes paid. The bureau uses the information in this series to issue shellfish bed permits which give exclusive
harvesting rights to individuals for specific parcels of the state's underwater lands.
Creator:
Title:
Leasing and franchise ledgers
Quantity:
Inclusive Dates:
1887-1991
Bulk Dates:
1887-1941
Series Number:
B2691
Arrangement
Chronological, then by parcel.
Administrative History
The Division of Marine Resources is responsible for the management of living marine resources within the Marine and Coastal
District of New York State. The Bureau of Shellfisheries is responsible for activities related to shellfish management and
shellfish habitat inspection. Shellfish management involves issuing permits for various shellfish activities and coordinating
this with those local governments that control underwater lands. The shellfish sanitation program inspects shellfish habitats,
determines where shellfish can be safely harvested, and inspects and certifies shellfish shippers and processors. Areas deemed
unsafe to withdraw species for human consumption are labelled "uncertified areas," and the Department of Conservation (DEC)
posts signs stating such in these areas. DEC also publishes the locations of uncertified areas in its regulations and in appropriate
local newspapers, as well as distributes lists to appropriate permittees. Many of the bureau's functions relate to the waters
around Long Island. The bureau geographically divides the marine areas around the island into seventy-five growing areas usually
tied to bays or estuaries.
The franchise system for granting of state lands for shellfish cultivation in perpetuity (formerly done under state law in
1887) was replaced with a leasing system in 1893 which was eventually codified and amended under the Environmental Conservation
Law (ECL). No new franchises can be issued as that authority was repealed. There are currently approximately 1,695 acres of
shellfish lands held under franchise by one company. Although DEC has authority to lease state lands for shellfish cultivation
pursuant to ECL 13-0301, no regulations have been adopted to implement a leasing program. No leases can be issued at this
time but could be in the future.
Scope and Content Note
This series contains 20 ledgers documenting specific parcels of land that have been leased or franchised and the taxes paid
on the portions considered lands underwater. Information found within the ledgers includes the date of transaction, name of
parcel lessee or franchisee, and amount of taxes paid. The bureau uses the information in this series to issue shellfish bed
permits which give exclusive harvesting rights to individuals for specific parcels of the state's underwater lands.
The state directly controls some underwater lands, while others have been leased or franchised in perpetuity to townships
(some of which re-lease the lands to individuals), though the state asserts its ownership of these lands in several ways.
Maintaining private control of parcels is dependent upon the payment of taxes to this DEC bureau.
This series also includes volumes of lands leased, franchised, and assigned. A lease lapses after ten years (though it can
be renewed), while a franchise continues if taxes are paid. The assignment ledgers document a transfer of property of land
underwater for a franchise or lease. Also included in this series are applications for leases for shellfish cultivation, ledgers
indicating the cancellation of leases or franchises, tax assessment registers of New York State shellfish lands, and sextant
angles and geodetic positions of lands underwater. Franchise ledger volumes 1 and 2 contain the deeds issued for franchises.
Lease ledger volumes 1-5 contain the deeds for leases issued.
The volumes indicate cancellation and surrender of a lease or franchise. The cancellation of a lease/franchise is done due
to lack of payment of taxes or rental fees, or other parameters (sanitary condition of shellfish lands, inactivity). The surrender
of a lease/franchise is typically a voluntary action by the lessee or franchise holder. Numerous leases/franchises were surrendered
following the closure of hundreds of thousands of acres of shellfish lands to harvesting in areas around New York Harbor due
to fecal contamination of oyster beds, which rendered the lands unusable for oyster cultivation and direct marketing of oysters
for food consumption. In some cases, the deeds reflect "voluntary cancellation" which is the same as surrender. The records
for leases and franchises were maintained in separate ledgers and files.
When a lot is vacated, it is not automatically assigned to any person. The lease is subject to public notice (posting) and
is made available to the highest bidder at public auction. Interested parties are required to submit an application as part
of the bidding process.
Related Material
B2321B2321, Lands Underwater Application Files, contains related records.
Acquisition Information
This series was transferred under RDA 20857.
Access Restrictions
There are no restrictions regarding access to or use of this material.
Access Terms
Subject(s):
Genre(s):
Function(s):
Detailed Description
Dates |
Contents |
Volume |
Accretion: B2691-19 |
1893-1895 |
Leases Book 1; 1-500 |
1 |
1896-1900 |
Leases Book 2 |
2 |
1899-1906 |
Leases Book 3 |
3 |
1908-1914 |
Leases Book 4 |
4 |
1914-1916 |
Leases Book 5 |
5 |
1946-1960 |
Leases Book 6 (lease numbers 1670-1730) |
6 |
1888-1908 |
Assignments Book 1 |
7 |
1908-1917 |
Assignments Book 2 |
8 |
1909-1918 |
Assignments Book 3 |
9 |
1918-1991 |
Assignments Book 4 |
10 |
1888-1892 |
Franchises Book 1 |
11 |
1892-1898 |
Franchises Book 2 |
12 |
1898-1902 |
Franchises Book 3 |
13 |
1895-1941 |
Record of Applications for Leases of Ground for Shellfish Cultivation (lease #23-1704) |
14 |
1935-1951 |
Cancellation of Leases Book 1 |
15 |
1935-1967 |
Cancellation of Franchises Book 1 |
16 |
1914-1920 |
Shellfish Lands: Leases and Franchises, 1915, Rev. to 1942 |
17 |
1942-1978 |
Tax Assessment Register of NYS Shellfish Lands |
18 |
1887-1940 |
Sextant Angles |
19 |
1935 |
Volume of Geodetic Positions compiled by Robert Micknar |
20 |