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.
This article shall not affect actions commenced prior to the
effective date hereof.