[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:
All varieties of the super-class Pisces, including all shellfish.
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.
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.
