[Adopted 3-7-2017 by L.L.
No. 4-2017]
As used in this article, the following terms shall have the
meanings indicated:
The document that authorizes a lessee to conduct seaweed
cultivation.
The Suffolk County Department of Economic Development and
Planning, Division of Planning and Environment.
Marine plant as defined by Title 6 of the New York Code of
Rules and Regulations ("NYCRR") Part 48.1(i).
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.
A.
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.
B.
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.
C.
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.
D.
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.
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.
A.
The fee for an application to conduct seaweed cultivation shall be
$100, and shall be nonrefundable.
B.
There shall be no annual rent charged for pilot projects conducted
under the Suffolk County Seaweed Cultivation Pilot Program.
C.
Fees collected for the application to conduct seaweed cultivation
shall be deposited into the County's general fund.
D.
A lessee shall not be required to post a bond in order to receive
an authorization form.
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.