U.S. New York Field Project
The New York Marine Conservation Agreement (MCA) field project illustrates how a large tract of subtidal lands can be acquired in fee-simple for conservation purposes.
TNC's Great South Bay Ownership
As part of a regional effort to protect and restore Long Island’s South Shore, The Nature Conservancy (TNC) accepted ownership of 11,500 acres of subtidal bottomlands within the Great South Bay in October 2002, and an additional 1,500 acres in 2004. Both parcels were transferred from the Bluepoints Oyster Company, which owned the lands in fee-simple (including exclusive harvesting rights) under arrangements dating from colonial times.
While Bluepoints Oyster Company (now defunct) harvested shellfish from the bottomlands for the last 100 years, shellfish populations had fallen precipitously and attempts at aquaculture were not succeeding. Thirteen-thousand acres are now in TNC ownership, representing approximately 20% of Great South Bay.
As recently as 1976, Great South Bay produced more than 50% of the nation’s harvested clams. By 2003, over-harvest and pollution reduced the catch to barely 1% of the 1970 levels. With clam populations decimated, bay water was no longer adequately filtered. Harmful algal blooms resulted, shading out eelgrass meadows and further limiting clam survival.
The rights conveyed with the Bluepoints property are particularly comprehensive. Owing to the nature of the colonial grants and patents, these rights include not only shellfish harvest but all rights of hunting and fishing in the area, subject only to the public right of navigation and the regulatory power of the state. TNC uses the rights to test new management approaches, which may be applied throughout Great South Bay and elsewhere.
Bluepoints Great South Bay parcel courtesy The Nature Conservancy of Long Island.
TNC is working closely with the Bluepoints Bottomlands Council, a group of government, business, academic and environmental community members, to develop a plan to manage and restore the Bluepoints property and the entire Great South Bay. As the entire bottom is owned by just three entities—TNC and the towns of Islip and Brookhaven—it is hoped that a coordinated effort will lead to effective restoration. While the ecosystem is complex, and many factors may be involved in the loss of shellfish in the bay, first steps will focus on seagrass and hardshell clam restoration, as well as improving water quality. As of summer 2008, over one million clams had been placed into the bay to reestablish populations.
Transaction Summary
| Fee simple | 2 deeds |
| Area | 13,000 acres (5,260 hectares) |
| Resource | Bay Bottom |
| Dates/duration | 2002 and 2004 |
| Fee/price | $63,000 |
| Location | Great South Bay, south of Islip, New York |
| Use | Restoration of hardshell clams, seagrass, and water quality |
| Grantor(s) | Bluepoints Oyster Company |
| Grantee(s) | The Nature Conservancy |
Lessons Learned
- While the bundle of rights associated with the Bluepoints property is particularly strong, major opportunities sometimes arise to own large tracts of submerged land where the bundle of rights may not be strong or clear.
- As a landowner, the Conservancy has a unique place at the table in planning for restoration of Great South Bay.
- Cooperation among all stakeholders is critical to ultimate success.
Cost Summary
View of bayside edge of Smith Point County Park. © J.N. Ozarski/The Nature Conservancy
| Activity | Costs |
| Legal research of deed and negotiations | Unavailable |
| Purchase of tidelands | $5,000 for the 11,500 acre parcel $58,000 for the 1,500 acre parcel |
| Personnel | Unavailable |
| Shellfish restoration | $1 million for 7 to 10 years |
Funding Sources
- Federal government grants
- Private funds raised by TNC
Lead Project Organization
The Nature Conservancy - Long Island Chapter
Great South Bay Preserve
250 Lawrence Hill Road
Cold Spring Harbor, NY 11724
Tel: 631-367-3225
Location of Bluepoint Bottomlands Including Hard Clam Spawner Sanctuaries courtesy The Nature Conservancy
Partners
- Bluepoints Bottomlands Council
- Bluepoints Oyster Company
- Cornell Cooperative Extension of Suffolk County
- New York State Department of Environmental Conservation
- State University of New York
- Town of Brookhaven
Documents
- 2003 Deed (download .pdf, 8,750k)
- 2004 Deed (download .pdf, 5,483k)
Publications
- Kaledin, J. 2005. Chapter 4: New York Case Study: New Opportunities in Coastal Underwater Land Conservation, Great South Bay, New York. In Beck, M.W., K.M. Fletcher, and L.Z. Hale. Towards conservation of submerged lands: The law and policy of conservation leasing and ownership. 33-44. Rhode Island Sea Grant, Narragansett, RI. (download pdf, 2,338k)
- New York Sea Grant. 2004. The Nature Conservancy and the Bluepoints Bottomlands Council launch sweeping Great South Bay restoration plan. (Web page)
- The Nature Conservancy. 2005. Bluepoints Bottomlands Project making Great South Bay great again! (download pdf, 189k)
- The Nature Conservancy. (No date.) Community-based restoration in the Great South Bay: Leveraging conservation cooperation to ecosystem scale. In Common Ground: Celebrating Conservation Partnerships. (Web page)
- The Nature Conservancy. (No date.) A new underwater frontier: Great South Bay, New York. (Web page)