Suffolk County, NY Seaweed Cultivation Program

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.

§ 475-25 Establishment of Seaweed Cultivation Pilot Program and departmental responsibility.

There is hereby established the Suffolk County Seaweed Cultivation Pilot Program, which shall be implemented in accordance with applicable portions of Article II and this Article III of Chapter 475 of the Suffolk County Code, and New York Environmental Conservation Law § 13-0302, Paragraph 10, notwithstanding any provision of the New York County Law or the Suffolk County Administrative Code or any other provisions to the contrary.

The Department of Economic Development and Planning, Division of Planning and Environment is designated as the entity responsible for developing and implementing the Suffolk County Seaweed Cultivation Pilot Program. The Department is authorized to study, evaluate, and prepare a strategy to implement a Suffolk County Seaweed Cultivation Pilot Program in accord with New York State and Suffolk County law.

The Department shall work in partnership with the New York State Department of Environmental Conservation, Division of Marine Resources to resolve any regulatory permit issues associated with use of lease sites for seaweed cultivation pilot projects.

Adoption of this article for conducting the Suffolk County Seaweed Cultivation Pilot Program shall not commit Suffolk County to establish a commercial-scale seaweed cultivation program in the future.

§ 475-26 Eligibility for authorization form.

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.

§ 475-27 Prohibition.

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.

§ 475-28 Requirement for authorization form.

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.

§ 475-29 Pilot program requirements and restrictions.

The Suffolk County Seaweed Cultivation Pilot Program shall be subject to the following provisions:

The Suffolk County Seaweed Cultivation Pilot Program shall be limited to a total coverage of five acres within the Shellfish Cultivation Zone.

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.

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.

An authorization form shall be developed by the Department.

An authorization form shall not be subject to assignment or sublet.

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.

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.

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.

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.

§ 475-30 Guidelines, procedures and forms.

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 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.

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.

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.

Necessary model forms, applications and documents.

§ 475-31 Fees.

The fee for an application to conduct seaweed cultivation shall be $100, and shall be nonrefundable.

There shall be no annual rent charged for pilot projects conducted under the Suffolk County Seaweed Cultivation Pilot Program.

Fees collected for the application to conduct seaweed cultivation shall be deposited into the County's general fund.

A lessee shall not be required to post a bond in order to receive an authorization form.

§ 475-32 Report on Suffolk County Seaweed Cultivation Pilot Program.

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.