Suffolk County, NY Prohibiting Invasive Non-Native Plant Species

Type: Resolution
Status: Adopted on 7/12/07
Source File: http://www.co.suffolk.ny.us/legis/resos2007/i1144-07.htm
Text:
RESOLUTION NO. 614-2007 
ADOPTING LOCAL LAW NO. 22 -2007, A LOCAL LAW TO PROHIBIT THE SALE, INTRODUCTION AND PROPAGATION OF INVASIVE, NON-NATIVE PLANT SPECIES
WHEREAS, there was duly presented and introduced to this County Legislature at a meeting held on February 6, 2007, a proposed local law entitled, "A LOCAL LAW TO PROHIBIT THE SALE, INTRODUCTION AND PROPAGATION OF INVASIVE, NON-NATIVE PLANT SPECIES"; now, therefore be it
RESOLVED, that said local law be enacted in form as follows:
LOCAL LAW NO. 22 -2007, SUFFOLK COUNTY, NEW YORK
A LOCAL LAW TO PROHIBIT THE SALE, INTRODUCTION AND PROPAGATION OF INVASIVE, NON-NATIVE PLANT SPECIES
BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:
Section 1. Legislative Intent.
This Legislature hereby finds that Resolution No. 985-2005 established the Suffolk County Water and Land Invasives Control Task Force in order to develop a long term plan for controlling invasive species in Suffolk County.
This Legislature determines that the Suffolk County Water and Land Invasives Control Task Force recommended that certain invasive species be prohibited from being sold in Suffolk County as a first step in preventing these species from being introduced in Suffolk County through a “Do Not Sell” list.
This Legislature further determines that the Suffolk County Water and Land Invasives Control Task Force recommended the establishment of a Suffolk County Water and Land Invasives Advisory Board.
This Legislature hereby finds and determines that invasive nonnative aquatic plants can displace native species and alter natural ecosystems and are considered to be the second leading cause of species extinction and endangerment worldwide.
This Legislature also finds and determines that these invasive plants can negatively impact agriculture, industry and human health.
This Legislature further finds and determines that during the 20th Century, invasive species were responsible for documented losses of 97 billion dollars to the U.S. economy.
Therefore, the purpose of this law is to protect the ecology of Suffolk County by prohibiting the sale of invasive plants in Suffolk County.
Section 2. Definitions.
As used in this law, the following terms shall have the meanings indicated:
“INVASIVE SPECIES”— a plant species that is (1) non-native to the ecosystem under consideration, and (2) whose introduction causes or is likely to cause economic or environmental harm or harm to human health, including their cultivars and varieties, which harm must significantly outweigh any benefits.
“NON-NATIVE”— with respect to a particular ecosystem, a species that has not historically occurred in that ecosystem, and which is not listed in the New York Flora Atlas as being native to New York.
“PERSON”— any individual, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not.
“PROPAGATE” – purposefully increasing the population of a species by means of manipulating its sexual and/or asexual reproduction process.
Section 3. Prohibitions.
A) No person shall knowingly sell, transport, distribute, propagate or knowingly cause to be sold, transported, distributed, or propagated to any person located within the County of Suffolk, or to any person making the purchase from within the County of Suffolk, any invasive species as listed on Exhibit “A” herein, as said Exhibit may be amended by law from time to time, with the advice of the Water and Land Invasives Advisory Board.
B) No person shall knowingly sell, transport, distribute, propagate or knowingly cause to be sold, transported, distributed, or propagated to any person located within the County of Suffolk, or to any person making the purchase from within the County of Suffolk, any invasive species as listed on Exhibits “A” and “B” herein on or after January 1, 2011, as said Exhibits may be amended by law from time to time, with the advice of the Water and Land Invasives Advisory Board.
Section 4. Creation of a Suffolk County Water and Land Invasives Advisory Board.
A) There is hereby created a Suffolk County Water and Land Invasives Advisory Board, which shall consist of the following nine (9) members.
:1) The Chairperson of the Suffolk County Legislature’s Environment, Planning and Agriculture Committee, or his/her designee, who shall serve as chair;
:2) The Commissioner of the Suffolk County Department of Environment and Energy, or his/her designee;
:3) The Suffolk County Executive, or his/her designee;
:4) The Presiding Officer of the Suffolk County Legislature, or his/her designee;
:5) The Commissioner of the Suffolk County Department of Parks, Recreation & Conservation, or his/her designee;
:6) A member of an environmental group chosen by the Chairperson of the Suffolk County Legislature’s Environment, Planning and Agriculture Committee;
:7) A representative chosen by the Long Island Farm Bureau;
:8) A representative chosen by the Long Island Nursery and Landscape Association; and
:9) A member of the Long Island Invasive Species Management Area (LIISMA).
B) The Suffolk County Water and Land Invasives Advisory Board shall advise the Commissioner of the Suffolk County Department of Environment and Energy and the Suffolk County Legislature on matters relating to invasive species in the County, and shall recommend to the Suffolk County Legislature appropriate revisions to the “Do Not Sell” list established pursuant to Section 3 of this law, on no less than an annual basis.
C) The Suffolk County Water and Land Invasives Advisory Board shall hold its first meeting no later than thirty (30) days after the oaths of office of all members have been filed.
D) The members of the Suffolk County Water and Land Invasives Advisory Board shall serve without compensation and members number 6 through 9 listed in subsection A, above, shall be appointed to serve initial terms ending on December 31, 2008, and shall be appointed to serve a term of two year thereafter.
E) Five (5) members of the Suffolk County Water and Land Invasives Advisory Board shall constitute a quorum for the purposes of conducting the business of the Board.
F) The Suffolk County Water and Land Invasives Advisory Board shall hold regular meetings, keep a record of all of its proceedings and determine the rules of its own proceedings with special meetings to be called by the Chairperson upon his or her own initiative or upon receipt of a written request thereof signed by at least five (5) members of the Suffolk County Water and Land Invasives Advisory Board. Written notice of the time and place of such special meetings shall be given to each member at least four (4) days before the date fixed by the notice for such special meeting.
G) All clerical services involving the month-to-month operation of the Suffolk County Water and Land Invasives Advisory Board, as well as supplies and postage as necessary, shall be provided by the staff of the Clerk of the County Legislature. The Suffolk County Water and Land Invasives Advisory Board may request, receive, and utilize such facilities, resources, and data of any department, office, or agency of Suffolk County as it may reasonably request to properly carry out its powers and duties.
H) The Suffolk County Water and Land Invasives Advisory Board shall hold no less than four (4) meetings annually, and shall conduct at least two (2) public hearings within the County of Suffolk for the purpose of obtaining necessary information or other data from the public. The time and place of each public hearing shall be published in the official County newspapers.
I) All vacancies in the membership of the Suffolk County Water and Land Invasives Advisory Board shall be filled in the manner provided for their original appointment.
Section 5. Exemptions.
A.) The prohibitions contained in this law shall not apply to bona fide scientific experiments or for educational purposes, provided that no invasive species used in such bona fide scientific experiments or for educational purposes shall be permitted to be sold or distributed.
B) Any person desiring to use any invasive species for bona fide scientific experiments or for educational purposes shall be required to apply for a written waiver of the provisions of this law from the Suffolk County Department of Environmental and Energy, on a form to be prescribed in Exhibit “C” herein.
Section 6. Penalties.
Any person who violates Section 3 of this law shall be guilty of a violation, punishable by a fine of $1,000 for a first and second offense; and shall be guilty of an unclassified misdemeanor for a third, and each subsequent offense, punishable by a fine of $2000 and/or no more than 30 days in jail.
 
Section 7. Rules and Regulations.
The Suffolk County Department of Environment and Energy shall issue and promulgate such rules and regulations as it deems necessary and appropriate to carry out the provisions of this law.
Section 8. Applicability.
A) The prohibition described in Section 3(A) of this law shall apply to actions occurring on or after January 1, 2009.
B) The prohibition described in Section 3(B) of this law shall apply to actions occurring on or after January 1, 2011.
Section 9. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
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Section 10. SEQRA Determination.
This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(6) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law.
Section 11. Effective Date.
This law shall take effect on the sixtieth (60) day immediately subsequent to filing in the Office of the Secretary of State.
Category:County Governments
Category:Invasive Species
Category:New York
Category:Resolutions