As used in this article, the following terms shall have the
meanings indicated:
DEPARTMENT
The Suffolk County Department of Economic Development and
Planning, Division of Planning and Environment.
LESSEE
A person who has a shellfish aquaculture lease ("lease") issued in accord with the Suffolk County Shellfish Aquaculture Lease Program, as established by Article
II of Chapter
475 of the Suffolk County Code.
SEAWEED
Marine plant as defined by Title 6 of the New York Code of
Rules and Regulations ("NYCRR") Part 48.1(i).
SEAWEED CULTIVATION
The controlled, or partially controlled, raising, breeding,
growing, and containment of seaweed in any marine hatchery or through
on-bottom or off-bottom culture as permitted by the County of Suffolk,
New York State Fish and Wildlife Law (New York Environmental Conservation
Law Articles 11 and 13), and other applicable federal, state and local
laws and regulations. Seaweed cultivation is the equivalent of seaweed
aquaculture.
Only lessees who have a current lease pursuant to Article
II of Chapter
475 of the Suffolk County Code shall be eligible for an authorization form under this Article
III of Chapter
475 of the Suffolk County Code.
No person shall conduct seaweed cultivation within the Shellfish Cultivation Zone without obtaining an authorization form from the County of Suffolk pursuant to Article
III of Chapter
475 of the Suffolk County Code prior to such cultivation.
Prior to commencement of seaweed cultivation within the Shellfish
Cultivation Zone, a lessee desiring to conduct seaweed cultivation
within the Shellfish Cultivation Zone shall obtain an authorization
form from the County of Suffolk to conduct seaweed cultivation on
or within the leased premises.
The Suffolk County Seaweed Cultivation Pilot Program shall be
subject to the following provisions:
A. The Suffolk County Seaweed Cultivation Pilot Program shall be limited
to a total coverage of five acres within the Shellfish Cultivation
Zone.
B. Authorization forms to cultivate seaweed under the Suffolk County
Seaweed Cultivation Pilot Program may be given by the County of Suffolk
to no more than five persons holding leases as lessees from the County
of Suffolk at any one time.
C. Each lessee given an authorization form shall be limited to seaweed
cultivation on one acre of the leased premises under the lessee's
lease. A lessee may receive an authorization form in connection with
only one lease.
D. An authorization form shall be developed by the Department.
E. An authorization form shall not be subject to assignment or sublet.
F. The expiration date of an authorization form shall not extend beyond
the term of the applicable lease and option to renew, if exercised,
or July 1, 2026, whichever is earlier.
G. A lessee shall be required to indemnify the County of Suffolk and
defend it against all liabilities, fines, judgments and damages arising
out of the acts, omissions or negligence of the lessee or arising
out of or in connection with lessee's use of the premises under the
lease. The form of the indemnification shall be determined by the
Department.
H. The Suffolk County Seaweed Cultivation Pilot Program shall require
annual reports by the lessees concerning such data and topics that
the Department determines will be useful to assess and evaluate the
feasibility of seaweed cultivation. The Department shall develop a
schedule and format for the report.
I. The Suffolk County Seaweed Cultivation Pilot Program and all activities
thereunder shall be implemented and conducted in accordance with all
applicable federal, state or local laws.
The Director of Planning in the Department shall develop and
implement written guidelines, procedures and forms for the Suffolk
County Seaweed Cultivation Pilot Program, including, but not limited
to:
A. A notice to lessees currently holding shellfish aquaculture leases
and future lessees, where applicable, of the opportunity to conduct
seaweed cultivation under the Suffolk County Seaweed Cultivation Pilot
Program.
B. Criteria for evaluating acceptability of applications, including
but not limited to inclusion of a seaweed cultivation plan, past performance
under the Shellfish Aquaculture Lease Program, and eligibility for
appropriate regulatory permits.
C. A random selection procedure to select and prioritize potential applicants
when the number of applicants for the Suffolk County Seaweed Cultivation
Pilot Program, exceeds the available acreage.
D. Necessary model forms, applications and documents.
In accord with New York Environmental Conservation Law § 13-0302,
Paragraph 10, the Director of Planning shall prepare a report on the
results of the Suffolk County Seaweed Cultivation Pilot Program, including,
but not limited to, a scientific assessment of the feasibility of
seaweed cultivation. The Director of Planning shall submit this report
to the New York State Legislature, the New York State Department of
Environmental Conservation, this Legislature, and the County Executive
of Suffolk County no later than January 1, 2026. A preliminary draft
of the report shall be prepared and presented to the County Executive
of Suffolk County and the Presiding Officer of the Suffolk County
Legislature no later than July 1, 2025, and comments received shall
be incorporated into the report prior to finalization.