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Suffolk County, NY
 
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Table of Contents
Code
New Laws (2) Index
[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:
INVASIVE NONNATIVE AQUATIC ANIMAL
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).
INVASIVE NONNATIVE AQUATIC PLANT
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.