[Adopted 9-28-1988 by L.L. No. 30-1988 (Ch. 298, Art. I, of the 1985 Code)]
A. 
It is the declared policy of the County of Suffolk to conserve, protect and encourage the use of its fishing resources for the production and sale of food and other related products. This Legislature finds that approximately 90% of the fish processing is performed outside of the County of Suffolk. This Legislature also finds that when fishing activities extend into newly developed areas, such fishing process operations often become the subject of nuisance suits. As a result, commercial fish processing operations are sometimes forced to cease operations while many others are discouraged from making investments in improvements.
B. 
This Legislature further finds that whatever nuisance may be caused to others by such uses and activities so conducted is more than offset by the benefits from fishing and fish processing to the County's economy and way of life and to society in general from the economic and social benefits derived from maintaining a viable fishing industry on Long Island.
C. 
Therefore, the purpose of this article is to reduce the loss to the County of its fishing resources by limiting the circumstances under which fishing and fish processing may be deemed to be a nuisance.
As used in this article, the following terms shall have the meanings indicated:
FISH
All varieties of the super-class Pisces, including all shellfish.
FISHING
The taking, killing, netting, capturing or withdrawal of fish or food fish from the waters of this County for commercial purposes, by any means, including every attempt to take and every act of assistance to any other person in taking or attempting to take fish. For the purpose of this article, "fishing" shall not include recreational fishing activities.
FOOD FISH
All species of edible fish, including all shellfish.
Notwithstanding any other provision of this article, fishing and fish processing activities conducted within the County of Suffolk, if consistent with sound fishing practices and established prior to surrounding nonfishing activities, shall be deemed to be reasonable and shall not constitute a public nuisance unless the activity has a substantially adverse effect on the public health and safety. No fishing or fish processing operation, resulting from changed conditions in, adjacent to or surrounding the fishing or fish processing operation, shall be the subject of a public nuisance action if such fishing or fish processing operation has been in existence for one year or more prior to the changed condition and has not been declared to be a nuisance by a pertinent state or municipal commission, local health office, local board of health or court of competent jurisdiction at the time that such operation commenced.
The provisions of § 475-3 of this article shall not defeat the right of any individual, firm, business, partnership or corporation to recover damages for any injuries or damages sustained by him, her or it on account of any pollution of, or change in condition of, the waters of any stream or on account of any overflow of lands of any such individual, firm, business, partnership or corporation if such pollution, change or overflow is the direct result of the fishing or fish processing activity.