[Adopted 11-22-2005 by L.L. No. 34-2005 (Ch. 278A, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that invasive nonnative
aquatic plants and animals can displace native species and alter natural
ecosystems and are considered to be the second leading cause of species
extinction and endangerment worldwide.
B.
This Legislature also finds and determines that these invasive plants
and animals can negatively impact agriculture, industry and human
health.
C.
This Legislature further finds and determines that during the 20th
Century, invasive species were responsible for documented losses of
$97,000,000,000 to the United States economy.
D.
This Legislature finds that in Suffolk County, the invasive, nonnative
species Cabomba caroliniana (fanwort), used extensively in aquariums,
has already caused severe damage to Yaphank Lake, interfering with
the recreational and aesthetic uses of that lake.
E.
This Legislature determines that action must be taken to prevent
other invasive nonnative aquatic plant and animal species from causing
damage to any other bodies of water or wetlands in Suffolk County.
F.
Therefore, the purpose of this article is to protect the ecology
of Suffolk County by preventing the introduction of any waste containing
invasive nonnative aquatic plants and animals in any ecosystem in
Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
Any animal that is not native to Long Island or the northeastern
United States, including, but not limited to, the species Chann argus
(northern snakehead) or Dreissena polymorpha (zebra mussel).
Any aquatic plant that is not native to Long Island or the
northeastern United States, including, but not limited to, the species
Cabomba caroliniana (fanwort), Egeria densa (Brazilian waterweed),
Eichornia azurea (water hyacinth), Hydrilla verticillata (hydrilla),
Hydrocharis morsus-ranae (European frogbit), Myriophyllum aquaticum
(parrot feather), Myriophyllum spicatum (Eurasian watermilfoil), Nymphoides
peltata (yellow floating heart), Potamogeton crispus (curlyleaf pondweed)
or Trapa natans (water chestnut).
No person shall introduce, throw, dump, deposit, place or cause
to be introduced, thrown, dumped, deposited or placed in any river,
stream, lake, pond, wetland or stormwater drain, in whatever capacity
and for whatever purpose, anything containing an invasive nonnative
aquatic animal or an invasive nonnative aquatic plant as defined herein.
Any person who knowingly violates any provision of this article
shall be guilty of an unclassified misdemeanor punishable by a fine
of up to $1,000 for each offense.
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article II of the Suffolk County Sanitary Code.
The Suffolk County Department of Health Services is hereby authorized
and empowered to issue and promulgate such rules and regulations as
it deems necessary to implement and carry out the provisions of this
article.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.