HomeMy WebLinkAboutShellfish Hatchery Program UFFO(t`
RESOLUTION 2023-103
ADOPTED DOC ID: 19794
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-1032 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 19,2023:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Annual Agreement with Cornell Cooperative
Extension in connection with the 2023 Southold Town Shellfish Hatchery Program at Cedar
Beach, in the amount of$20,000.00 for the term January 1, 2023 through December 31, 2023, all
in accordance with the approval of the Town Attorney and funded from budget line
A.8830.4.400.100.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sarah E. Nappa, Councilwoman
SECONDER:Brian O. Mealy, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
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Town Hall Annex- 0
Glenn Goldsmith,President SpfFO(�
O� CG 54375 Route 25
A.Nicholas Krupski,Vice President
Eric Sepenoski o P.O.Box 1179
Liz Gillooly Southold,NY 11971
Elizabeth Peeples Telephone(631)765-1892
fax(631)765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD _p�
JA��M
TO: Denis Noncarrow, Town Clerk
FROM: Elizabeth Cantrell
�24
Administrative Assistant to the Board of Trustees
DATE: January18, 2024
RE: Agreement between the Town of Southold and Cornell Cooperative
Extension 2023 Shellfish Program
With respect to the above referenced matter, I am enclosing the original Agreement
along with a copy of the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to contact me.
Thank you.
Enclosures
cc: Accounting Dept.
AGREEMENT
THIS AGREEMENT, entered into this /96 day of December, 2023, by and between the Town
of Southold, New York ("the Town"), a municipal corporation organized and existing under the laws
of the State of New York with offices at 53095 Main Road, Southold,New York 11971,and the Cornell
Cooperative Extension (the "Contractor"), with an address of 423 Griffing Avenue, Suite 100,
Riverhead, NY 11901;
WITNESSETH,that the Town and the Contractor,for the consideration hereinafter named,agree
as follows:
ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR
The Contractor shall receive funding from the Town for its participation in the Town of
Southold's 2023 Shellfish Program as set forth in and attached hereto as Appendix A and made a part
hereof
The Contractor will furnish all labor, materials, supplies, equipment and other similar
items necessary or proper for, or incidental to, the work contemplated by this Contract-and in
strict accordance with such changes as are ordered and approved pursuant to this Contract.
ARTICLE 2. TIME OF COMPLETION
The services rendered under this Contract run from January 1, 2023 through December 31,
2023.
ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT
The total authorized funding is $20,000.
The Town shall pay the Contractor upon the submission of a voucher at the completion of each
stage of work. The Voucher will certify the work performs in furtherance of the project and detail
costs. Such voucher shall be due and payable within 45 days after receipt of such voucher, but such
sum shall not be due and payable by the Town until the Town Board of the Town has received such a
voucher and has audited and approved for payment the voucher to be submitted by Contractor in
connection therewith.
The Town Board shall process any voucher received from Contractor as expeditiously as
possible. In,the event that the Town disputes or objects to any portion of any voucher submitted by
Contractor pursuant to this paragraph, the Town shall, within 30 days of the receipt of such voucher,
notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor is
familiar with the requirements of section 118 of the Town Law which, in effect, prohibit payment of
any of Contractor's claims against the Town unless an itemized voucher therefore shall have been
presented to the Town Board or Town Comptroller and shall have been audited and allowed by the
Town Board or Town Comptroller.
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The acceptance by the Contractor of the final payment shall be, and shalloperate as a release to
the Town from all claims and all liabilities to the Contractor for all the things done or furnished in
connection with this work and for every act and neglect of the Town and others relating to or arising
out of, this Contract, except Contractor's claims for interest upon the final payment, if this payment be
improperly delayed. No payment, however final or otherwise, shall operate to release the Contractor
or its sureties from any obligations under this Contract.
ARTICLE 4. CONTRACTOR'S OBLIGATIONS
(a) The Town is not contracting with any party to complete the contemplated work. The
Contractor shall be responsible for the full and correct performance of the Work required
for funding eligibility by this Contract within the time specified herein, including work of
the Contractor's Subcontractors, and any errors therein shall be corrected at the
Contractor's own cost and expense. In addition, the Contractor shall indemnify the Town
for any claims, costs or expenses attributable to errors in performance by the Contractor or
the Contractor's Subcontractors.
(b) The Contractor agrees that the Contractor shall protect and shall be solely responsible for
all labor and material provided for under this contract, whether or not the same may be
erected in place, and for all its plans, tools, equipment, materials, tools of the Contractor's
employees and agents, etc. for all adjoining private and public property, and all existing
Work on the Project Site or parties thereon, which may be damaged by the Contractor's
Work. In no event shall the Town be liable to the Contractor or any third party for loss of,
pilferage, or damage to any of the same, and the Contractor shall indemnify the Town from
the same.
(c) Contractor shall be responsible for securing all permits required to perform the Work and/or
required by the applicable laws, regulations, ordinances, etc., and maintain the validity of
all such permits throughout the contract duration.
(d) Contractor will supply monthly activity reports to the Town to keep necessary parties
updated on efforts.
ARTICLE 5. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this Contract until it has obtained all insurance
required under this paragraph and verified that its subcontractors have the same.
(a) Compensation Insurance: The Contractor shall take out and maintain during the life of
this Contract Workers' Compensation Insurance for its employees to be assigned to the
work hereunder.
(b) Insurance: The Contractor shall take out and maintain during the life of this Contract such
general liability,property damage,and commercial auto liability insurance as shall protect
it from claims for damages for personal injury, including accidental death,as well as from
claims for property damage which may arise from operations under this Contract. The
amounts of such insurance shall be as follows:
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General liability insurance in an amount not less than$1,000,000 for injuries,including wrongful
death to any one person and subject to the same limit for each person, in an amount not less than
$2,000,000 on account of any one occurrence.
Property damage insurance in an amount not less than $300,000 for damage on account of all
occurrences.
Commercial auto liability insurance in an amount not less than $500,000 for damage on account
of all occurrences.
ARTICLE 6. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That it is financially solvent and that it is experienced in and competent to perform the
type of work; and
(b) That it is familiar with all federal, state, municipal and department laws, ordinances and
regulations which may in any way affect the work or those employed therein.
ARTICLE 7. PERMITS AND REGULATIONS
The Contractor shall apply for, and comply with all permits issued to the Town in connection
with the services furnished under this Agreement.
ARTICLE 8. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
The Town shall have the right to terminate the Contract if:
(a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors;
or
(b) A receiver or liquidator is appointed for the Contractor or for any of its property and is
not dismissed within 20 days after such appointment or the proceedings in connection
therewith are not stayed on appeal within the said 20 days; or
(c) The Contractor refuses or fails to prosecute the work or any part thereof with due
diligence; or
(d) The Contractor fails to make prompt payment to persons supplying labor for the work; or
(e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or
(f) The Contractor is guilty of a substantial violation of any provision of this Contract;
(g) The Town's execution and participation in this contract is found to be in violation of an
existing collective bargaining agreement.
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(h) In any event,the Town, without prejudice to any other rights or remedy it may have,may,
with or without cause, by seven (7) days' notice to the Contractor, terminate the
employment of the Contractor and its right to proceed as to the work. In such case, the
Contractor shall not be entitled to receive any further payment beyond what owed in
quantum meruit.
ARTICLE 9. DAMAGES
It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be
performed by it under this Contract shall be that of an independent contractor. As an independent
contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in
or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents,
or employees have been negligent. The Contractor shall hold and keep the Town free and discharged
of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all
responsibility for risks or casualties of every description,for loss or injury to persons or property arising
out of the nature of the work, from the action of the elements, or from any unforeseen or unusual
difficulty. The Contractor'shall make good any damages that may occur in consequence of the work or
any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason
of neglect or violation of any federal, state, county or local laws, regulations or ordinances.
ARTICLE 10. INDEMNITY AND SAVE HARMLESS AGREEMENT
The Contractor agrees to indemnify and save the Town, its officers, agents and employees
harmless from any liability imposed upon the Town, its officers, agents and/or employees arising
from the negligence, active or passive, of the Contractor and from and against any damages, claims,
or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the
Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out
of claims or actions by third parties against Contractor by virtue of his performance of this
Agreement.
ARTICLE 11. NO ASSIGNMENT
In accordance with the provisions of section 109 of the General Municipal Law, the Contractor
is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this
Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement,
to any other person or corporation without the previous consent in writing of the Town.
ARTICLE 12. REQUIRED PROVISIONS OF LAW
Each and every provision of law and clause required by law to be inserted in this Contract shall
be deemed to have been inserted herein. If any such provision is not inserted, through mistake or
otherwise,then upon the application of either party,this Contract shall be physically amended forthwith
to make such insertion. In particular, the Contractor shall, when applicable, fully comply with:
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(a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law
relating to prohibition against discrimination and providing equal opportunity.
(b) Affirmative action as required by the Labor Law.
(c) Prevention of dust hazard required by Labor Law section 222-a.
(d) Preference in employment of persons required by Labor Law section 222.
(e) Eight-hour workday as required by Labor Law section 220(2).
ARTICLE 13. PREVAILING WAGE RATES REQUIRED BY LAW
(a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor Law,
hereby agree that if applicable there shall be paid each employee engaged in work under
this Contract not less than the wage rate and supplements set opposite the trade or
occupation in which he/she is engaged, which are the wage rates and supplements
established as the prevailing rate of wages for the work covered by this Contract.
(b) Labor classifications not appearing on the schedule of wages can be used only with the
consent of the Owner and then the rate to be paid will be given by the Owner after being
advised by the Department of Labor.
(c) The Contractor shall post in a prominent and accessible place on the site of the work a .
legible statement of all wage rates and supplements, as specified in the Contract, for the
various classes of mechanics, workingmen/women, or laborers employed on the work.
ARTICLE 14. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town
Board of the Town of Southold, at a meeting thereof held on I ece.Mba IRS 'Z 0'2.3 The
Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this
instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed
in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the
Town Clerk, Denis Noncarrow.
ARTICLE 15. NOTICES
Any and all notices and payments required hereunder shall be addressed as follows, or to such
other address as may hereafter be designated in writing by either party hereto:
To Town: Denis Noncarrow
Southold Town Clerk
53095 Route 25
P.O. Box 1179
Southold,NY 11971-0959
5
To Contractor: Cornell Cooperative Extension
423 Griffing Avenue
Suite 100
Riverhead,NY 11901
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ARTICLE 16. WAIVER
No waiver of any breach of any condition of the Agreement shall be binding unless in writing
and signed by the party waiving said breach.No such waiver shall in any way affect any other term or
condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach
unless the waiver shall include the same.
ARTICLE 17. MODIFICATION
This Agreement constitutes the complete understanding of the parties. No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
ARTICLE 18. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York-
IN
orkIN WITNESS WHEREOF,the Town of Southold has caused these presents to be signed by its
Supervisor, duly authorized to do so, and the Contractor has caused these presents to be signed by its
President,the day and year first above written.
Cornell Cooperative Extension
\
By.
Name: Title:
Town of Southold
By:
Supervisor
6
STATE OF NEW YORK)
)ss..
COUNTY OF SUFFOLK)
On this 27"ay of December in the year 2023 before me,the undersigned,personally appeared
\�[,LVU-S� o as Officer and/or Authorized Aged fbffh&Cornell Cooperative
Extension,personally known to me or proved to me on the basis of*- sfactory evidence to be the
individual whose name is subscribed to the within instrumentand'a?lctiowledged to me that he
executed the same in his capacity and that by his signature on the�iripp went,the individual or the
person upon whose behalf of which the individual acted,exectited-the-instrument.
Notary Public
MELISSA ELKINS
STATE OF NEW YORK) NOTARY PUBLIC,STATE OF NEW YORK
)ss.: Registration No.01 EL6431452
COUNTY OF SUFFOLK) Qualified in Suffolk County
Commission Expires 04/04/20?
On thisaday of December in the year 2023 before me,the undersigned,pers y appeared
SCOTT A.RUSSELL,personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity and that by his signature on the instrument,the individual or the
person upon whose behalf of which the individual acted,executed the instrument.
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- - Notary Public
uuREns tl%sTf M"
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APPENDIX A
2023
Town of Southold Shellfish Budget and
Program Description
Contractual Expense:
Suffolk County Marine Learning Center—Staff and Equipment: $20,000.00
The above represents the contractual expense for the operation of the hatchery and grow out facility
for the Town of Southold's 2023 Shellfish Program(s).
The Suffolk County Marine Environmental Learning Center will spawn and grow-out hard clams,
oysters and bay scallops in the quantities recommended by the Town of Southold, for seeding
Southold's creeks and bays.
Cornell University Strengthening Families&Communities
Cooperative Extension Protecting&Enhancing the Environment
of Suffolk County Fostering Economic Development
`.7 Promoting Sustainable Agriculture
Invoice 4863
December 5,2023
John Bredemeyer
Town of Southold -DPW
PO Box 1179
Southold,NY 11971
Contractual Expenses for the Town of Southold Hatchery Program
for the 2023 contract period.
2023 1St,2nd 3rd&4th Quarters $20,000.00
Total Due 20,000.00
Please make check payable to:
Cornell Cooperative Extension of Suffolk County
PO Box 2405
Riverhead,AT 11901
Thank you for your continued support of Cornell Cooperative Extension
programs.
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423 Griffing Avenue,Suite 100 • Riverhead,New York 11901-3071 • 631.727.7850 • www.ccesuffolk.mg
Cornell Cooperative Extension is an employer and educator recognized for valuing AA/EEO,Protected Veterans,
and Individuals with Disabilities and provides equal program and employment opportunities.
Cornell Cooperative Extension Suffolk County
Strengthening Families&Communities • Protecting&Enhancing the Environment • Fostering Economic Development • Promoting
Sustainable Agriculture
2023 First Quarter Shellfish Production Progress Report for Southold Town
January—March
Beginning in January, algae stock cultures were maintained through weekly transfers; this includes
cleaning of glassware, algae media preparation, salt water filtration and sterilization of media. Each week
throughout the year this is performed to ensure availability of algae to be grown in our algae culturing
facility.
Algae was transferred into larger vessels up to 200 liter tubes and into our 20 bag continuous algal culture
system(SeaCAPS). Weekly and daily maintenance was performed on the SeaCAPS system which
includes steaming of seawater delivery lines, nutrient addition and pH adjustments.
On January 23rd, adult oysters (Batch-01) were brought into the hatchery to be conditioned for spawning.
Oysters were fed daily and tank water was changed every Monday, Wednesday and Friday; when tank
water is changed the tank is cleaned. O1 was spawned on March 2nd and resultant fertilized eggs were
placed in conical tanks to be cultured for approximately 2 weeks until they were set on micro-cultch.
Conical tanks are drained down, cleaned and refilled every other day. Oysters ready to set were placed in
downwellers on March 13th and maintained throughout the first quarter period. Downweller tanks were
cleaned and refilled every Monday, Wednesday and Friday. Post-set oysters were fed daily and sieved
once a week.
Adult clams (Batch-Cl) started conditioning for spawning on February 8th. Clam broodstock followed
the same husbandry protocol as oyster broodstock conditioning.
Adult clams (Batch-C2) started conditioning to spawn on February 22nd.
Adult Oysters (Batch-02) started conditioning to spawn on March 20th.
Both clam and oyster broodstocks were maintained throughout March.
Prepared by:
R. Michael Patricio
Hatchery Manager
RMP14@comell.edu
Suffolk County Marine Environmental Learning Center
3690 Cedar Beach Road• Southold,New York 11971 •631.852.8660•www.ccesuffolk.org
Cornell Cooperative Extension is an employer and educator recognized for valuing ANEW,Protected Veterans,
and Individuals with Disabilities and provides equal program and employment opportunities.
Cornell Cooperative Extension Suffolk County
Strengthening Families&Communities • Protecting&Enhancing the Environment • Fostering Economic Development • Promoting
Sustainable Agriculture
2023 Second Quarter Shellfish Production Progress Report for Southold Town
April—June
Algae cultures were continuously maintained by weekly transfers. The batch culture system and
SeaCAPS algae culture system were maintained daily.
Batch-C1 clams were ready to set on April 4th when they were placed in downwellers. Post-set clam
downweller tanks were drained, cleaned and refilled every Monday, Wednesday and Friday. Clams in
downwellers were fed daily and clams were sieved periodically.
Batch-C2 clams were spawned on April 3rd; this batch of clams went through the same culturing protocol
as C 1. C2 clams were ready to set on April 10th.
Batch-02 oysters started broodstock conditioning on March 20th.
02 oysters were spawned on April 27th. Resultant fertilized eggs were placed in conical tanks and set in
downwellers on micro-cultch after 2 weeks of larval culture. Ready to set oysters were placed in
downwellers on May 12th and maintained with Monday, Wednesday and Friday cleaning of the tanks and
downwellers, Oyster downweller tanks were fed daily.
Batch-C3 clams started bloodstock conditioning on March 24th; they were spawned on May 11th. Ready
to set larvae were placed in downwellers on May 18th. However, there was a lot of mortality in recently
set clams in downweller tank. It was unknown what caused the mortality.
In May and June, as clams and oysters grew to a size of>I mm;these were moved to outdoor upwellers as
ambient water temperatures increased. Upwellers were maintained with daily rinsing.
In late April, scallops were brought into the hatchery to condition in ambient seawater flow tanks.
Scallops (Batch-S1) were spawned on May 22nd. Larvae were ready to set on June 5th and placed into an
ambient flow downweller tank system. Maintenance included daily rinsing of animals and filter bag
cleaning. There were scallop spawns also performed on 5/25, 6/1, 6/2, and 6/12.
Floating upweller(FLUPSY) barrels that hold clams and oysters were prepped for deployment by
checking screens for damage; repairs were made if needed or different size mesh required.
Prepared by:
R. Michael Patricio
Hatchery Manager
RMP14@cornell.edu
Suffolk County Marine Environmental Learning Center
3690 Cedar Beach Road• Southold,New York 11971 •631.852.8660•www.ccesuffolk.org
Cornell Cooperative Extension is an employer and educator recognized for valuing ANEW,Protected veterans,
and Individuals with Disabilities and provides equal program and employment opportunities.
Cornell Cooperative Extension Suffolk County
Strengthening Families&Communities • Protecting&Enhancing the Environment • Fostering Economic Development • Promoting Sus-
tainable Agriculture
2023 Third Quarter Shellfish Production Progress Report for Southold Town
July—September
There were additional attempts at spawning scallops in the third quarter. Scallops spawns S6, S7, S8 and
S9 were performed on 8/18, 8/22, 8/29 and 8/31 respectively.
Clam and Oysters grew in upwellers at the Suffolk County Marine Environmental Learning Center
(SCMELC) facility at Cedar Beach until clams retained on a 2mm sieve and oysters retained on a 4mm
sieve. At this size they were big enough to be transferred to the FLUPSY system.
In mid June, the floating upweller system (FLUPSY) was deployed to Mattituck Creek for continued
growout of clams and oysters. Two to three times a week throughout mid-June through September, the
FLUPSY system was maintained by cleaning barrels, culling clams/oysters, and barrel changes for in-
creased mesh sizes as clams and oysters grew.
23,000 oysters at a size of 40mm were planted in Hashamomuck Pond on August 15th, 2023.
22,000 oysters at a size of 40mm were planted in Hashamomuck Pond on September 1st, 2023.
Scallops were maintained in the ambient flow downweller system on a daily basis by rinsing scallops held
in downwellers and cleaning of bag filters. Scallops would be sieved periodically as they grew.
There was a high amount of mortality seen in scallops of less than lmm in the ambient-flow downwellers.
Surviving scallops at a size of 2mm were moved to the Goose Creek floating line system into mesh bags
and nets for continued grow out. Nets and bags were weekly maintained by cleaning and grow out gear
was changed as needed. Once scallops reached I Omm in size, they were placed in lantern nets at the
submerged longline system in Orient Harbor for continued grow out.
Algae stock cultures were maintained with weekly transfers.
Prepared by:
R. Michael Patricio
Hatchery Manager
RMP14@cornell.edu
Suffolk County Marine Environmental Learning Center
3690 Cedar Beach Road• Southold,New York 11971 •631.852.8660•www.ccesuffolk.org
Cornell Cooperative Extension is an employer and educator recognized for valuing ANEW,Protected Veterans,
and Individuals with Disabilities and provides equal program and employment opportunities.
Cornell Cooperative Extension Suffolk County
Strengthening Families&Communities• Protecting&Enhancing the Environment•Fostering Economic Development•Promoting Sustainable
Agriculture
2023 Fourth Quarter Shellfish Production Progress Report for Southold Town
October- December
1,400,000 clams at a size range of 4-13mm were planted in Hashamomuck Pond on October 16th, 2023.
The floating upweller(FLUPSY) containing clams and oysters was maintained until planting was completed.
Barrels and FLUPSY equipment were removed and cleaned for winter storage.
Algae production was reduced to stock cultures in October and November.
Algae production for the 2024 season started to increase in volume of algae throughout December.
Hatchery maintenance to equipment used in hatchery were performed in December.
Improvements to shellfish hatchery culture gear were performed in December.
There were no scallops planted in Southold Town waters for 2023 due to high mortality rates of juvenile
scallops in the hatchery while they were less than Imm in size.
A map of the 2023 shellfish planting areas of oysters and clams in Hashamomuck Pond is included.
Prepared by:
Michael Patricio
Hatchery Manager
RMP14@comell.edu
Cornell Cooperative Extension of Suffolk County
December 2023
Suffolk County Marine Environmental Learning Center
3690 Cedar Beach Road • Southold, New York 11971 • 631.852.8660 • www.ccesuffolk.org Cornell
Cooperative Extension is an employer and educator recognized for valuing AA/EEO,Protected Veterans,and
Individuals with Disabilities and provides equal program and employment opportunities
`e
2023 Southold Shellfish Plantings
Hashamomuck Pond
Oysters = Yellow
Clams = Blue
Long C
NMI
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