[HISTORY: Adopted by the Cayuga County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-24-2013 by L.L. No. 6-2013]
Aquatic invasive species can displace native species and alter
natural ecosystems causing negative environmental and economic impacts
such as that presently occurring with regard to the infestation by
the invasive Asian clam (Corbicula fluminea) in Owasco Lake; and residents
and visitors to Cayuga County alike are negatively impacted by the
decline in quality of any water body subjected to aquatic invasive
species; and it is up to the County of Cayuga to protect the ecology
of water bodies wholly or partially located and or accessed in Cayuga
County by preventing the introduction of any aquatic invasive species
and therefore helping to protect the environment and economy of Cayuga
County. Therefore, it is the intent of the Legislature of Cayuga County
to implement effective measures through this article to prevent the
spread of aquatic invasive species into the waters located within
Cayuga County.
As used in this article, the following terms shall have the
meanings indicated:
With respect to waters located and/or accessed in Cayuga
County, any aquatic species, whether animal or plant, including its
eggs, spores or other biological material capable of propagating or
reproducing that species, that are not natural to said waters, including
all of its cultivars and varieties, whose introduction causes or is
likely to cause economic or environmental harm or harm to human health. "Invasive
species," as that term is used herein, includes but is not limited
to Asian clam (Corbicula fluminea), water chestnut (Trapa natans),
Hydrilla (Hydrilla verticillata), zebra mussels (Dreissena polymorpha)
and quagga mussels (Dreissena bugensis). Aquatic invasive species
shall also include any species listed separately either within the
New York State Environmental Conservation Law, New York State rules
and regulations or by a local agency duly authorized to define invasive
species and as listed on the attached Schedule A, Aquatic Invasive
Species, as it may be amended from time to time.[1] Commercial availability of an aquatic invasive species,
such as in aquarium stores, pet stores, bait shops, or otherwise,
does not exempt such plant or animal from the provisions of this article.
To remove a watercraft 50 feet beyond the high-water mark
of any water body.
To place a watercraft into a water body for any purpose and
any related activity that takes place within 50 feet of the high-water
mark of the water body for the purpose of placing a watercraft into
a water body, including moving by trailer or other device or carrying
by hand a watercraft toward a water body or entering a queue prior
to launching.
Any individual, governmental entity, firm, partnership, corporation,
company, society, association, or any organized group of persons,
whether incorporated or not, and every officer, agent, or employee
thereof.
Every motorized or nonmotorized boat, vessel, shell, jet
ski, personal watercraft, canoe, kayak, raft, derrick, barge, platform
or vehicle, either recreational or commercial, capable of being used
or operated in or on water.
All lakes, including Cayuga Lake, bays, sounds, ponds, impounding
reservoirs, springs, wells, rivers, streams, creeks, including intermittent
streams or creeks, marshes, inlets, canals, ephemeral drainage ways,
and ditches, within the territorial limits of the County of Cayuga,
and all other bodies of surface water, natural or artificial, fresh,
public or private, that are wholly or partially within or bordering
the County or within its jurisdiction.
[1]
Editor's Note: Said schedule is included as an attachment
to this chapter.
A.
In Cayuga County, it shall be unlawful for any person to:
(1)
Launch, haul, or attempt to enter or exit a watercraft into or from
a water body with any plant or animal, or parts thereof, visible to
the human eye in, on, or attached to any part of the watercraft, including
in live wells, bilges or confined spaces, the motor, raw water cooling
system, rudder, anchor or other appurtenance, any equipment or gear,
or trailer or any other device used to transport or launch a watercraft
that may come into contact with the water;
(2)
Enter the County, or transport within the County, watercraft without
first removing by hand any and all plant or animal, or parts thereof,
visible to the human eye in, on, or attached to any part of the watercraft,
including in live wells, bilges, the motor, rudder, anchor or other
appurtenance, any equipment or gear, or the trailer or any other device
used to transport or launch a watercraft that may come into contact
with the water;
(3)
Introduce, throw, dump, deposit, place, allow or cause to be propagated,
transplanted, introduced, thrown, dumped, deposited or placed in any
water body, in whatever capacity and for whatever purpose, an aquatic
invasive species.
B.
In addition, any and all items removed pursuant to the requirements
of this article must be discarded away from the shoreline in such
a manner as to prevent the removed items from reentering any water
body.
The provisions of § 259-3 of this article shall not apply to:
A.
The carrying of and use of bait for the purpose of fishing, consistent
with all applicable laws and regulations related to bait fish; and
B.
The use of the above-water portions of native plants for camouflage
of the watercraft for the purpose of hunting, consistent with all
applicable laws and regulations related to the use, possession and
harvesting of plants and provided that the source of any such plant
is the water body in which it is used; and
C.
The intentional transport of plants or animals for food, research,
control/removal or landscaping, provided they are fully and securely
contained within or on board the watercraft; and
D.
Dredging approved by the New York State Department of Environmental
Conservation or the appropriate regulatory agency; and
E.
Noninvasive pets.
Any person who engages in any activity prohibited by this article
shall be guilty of a violation. Every person convicted of a violation
of this article shall be subject to a fine of not more than $250.
Enforcement of this article shall be in the same manner as a
traffic violation is handled, through the use of an appearance ticket
and procedures similar to that used to enforce the Vehicle and Traffic
Law of the State of New York, except that the citation may be in a
form determined to be adequate and expedient by the law enforcement
agency issuing the citation.
The provisions of this article are declared to be severable,
and, if any section of this article is held to be invalid, such invalidity
shall not affect the other provisions of this article that can be
given effect without the invalidated provision.
The effective date of this article shall be 30 days from the
date of its enactment.
