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HomeMy WebLinkAboutScallop Bushels 1984LOCAL LAW NO. , 198L~ A Local Law to require the use of standard bushel bags for the taking of scallops for commercial purposes in town waters BE IT ENACTED by the Town Board of the Town of $outhold as follows: (additions indicated by underline; deletions by [brackets]). Article I1 of Chapter· 77 [Taking of Shellfish) of the Code of the Town of Southold is hereby amended as follows: Section 77-201 thereof [Definitions) is amended by adding thereto the following term: STANDARO BUSHEL - That amount of·unopened scallops which will fill a bag, to be a standard size bushel bag to be sold by the 'Southold Town Board of Trustees at cost, and to be stamped with the words "Town of Southold" on the bag. Subdivision F. of Section amended to read as follows: F. 77-202 thereof (Permit requirements)' is The presence of shellfish in excess of the limi.ts, or of less· size than that, set forth in this Article; or the presence of scallops ta;cen for commercial purposes and placed· in non-standard bushel bags, found aboard any boat or vessel, in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this Article. III.' ·Subdivision E. of Section 77-204 thereof (Scallops) is ·amended to read as follows: E. Subject to the provisions of this section, not more than five [5) standard bushels of scallops may be taken from town waters for commercial purpose~ in any one (1) day by any one (1) person. Two [2) or more persons occupying the same boat may take, in the aggregate, not more than ten (10) standard bushels .'of scallops in one [1) day for commercial purposes. IV. Section 77-20B thereof (Scallops) is amended by adding a new subdivision thereto, to be subdivision I, to read as fellows: 1. When scallops are taken f.r. pm town waters for commercial purposes pursuant to section 77-20~l E. of this Article;· the standard bushel shall be deemed to mean the standard bushel, as defined in section 77-201 of this Article. All persons taking scallops from town waters for commercial purposes, pursuant to section 77-20B E., shall use only· the standard bushel bag, as defined in section 77-201 of this Article; V. This Local Law shall take effect upon its filing with the Secretary of State. PUBLIC HEARII~IG SOUTHOLD TOWN BOARD August 28, 1984 3:30 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW TO REQUIRE THE USE OF STANDARD BUSHEL BAGS FOR THE TAKING OF SCALLOPS FOR COMMERCIAL PURPOSES IN TOWN WATERS." Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a hearing on a proposed Local Law for the use of standard bushel bags for taking scallops for commercial purposes in Town waters. It will be read by Councilman Schondebare. COUNCILMAN SCHONDEBARE: "Pulbic notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of July, 1984, a Local Law entitled, "A Local Law to require the use or-.standard bushel bags' for the taking of'scallops for commercial purposes in town waters~" which reads as follows, to wit: BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets]). Article II of Chapter 77 (Taking of Shellfish) of the Code of the Town of Southold is hereby amended as follows: Section 77-201 thereof (Definitions) is amended by adding thereto the following term: STANDARD BUSHEL - That amount of unopened scallops which will fill a bag, to be a standard size bushel bag to be sold by the 'Southold' Town Board of Trustees at cost, and to be stamped with the words "Town of Southold" on the bag. Subdivision F. of Section 77-202 thereof (Permit requirements) is amended to read as follows: The presence of shellfish in excess of the-llmi.ts, or of less size' than that, set forth in this Article; or the presence of scallops Page 2 - Proposed Lo Law - Scallop Bags ta;¢en for commercial purposes and placed . in non-standard bushel bags, ~ound aboard any boat or ~zessel, in the waters Of the Town of Southold, shall be deemed presumptive evidence of a violation of this Article. IIl."Subdivisi0n E. of Section 77-204 t. hereof {Scallops) is amended to read as follows: Subject to the provisions of this section, not more than fi~e {5) standard bush'els of scal.lops may be taken from town waters for commercial purposes in any one (1) day by .any .one (1) person. Two (2) or more persons 0ccupy|ng the same boat may take, in the aggregate, not more than ten {10) standard bushels:of scallops in'one {1) day for commercial purposes. IV. Section 77-204 thereof {Scallops)' is. amended by. adding a new subdivision thereto, to be subdivision 1, to read as follows:' When scalloc~s are taken f~.om, town waters for commercial purposes pursuant to section 77-204 E. of this 'Article; 'the standard bushel shall be deemed to mean the standard bushel, as defined in section 77-201 of this Article. All persons taking scallops from town waters for commercial purposes, pursuant to section 77-204 E.: shall use only the standard bushel bag, as defined in section 77-201 of this Article; V. This Local Law shall take effect upon its filing with the Secretary of S t a~t e .~ Co~ies of said Local Law are available in th~ Office of the Town Clerk to any interested persons during business hours. Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law. at the Southold Town Hall, Main Road, Southold, New York, on the 28th day of August, 1984, at 3:30 P.M., at which time all interested persons will be heard. Dated: July 31, 1984. Judith T. Terry, Southold Town Clerk.'~ I have an affidavit of publication from The Long Island- Traveler-Watchman. I have an affidavit of publication from The Suffolk Times. I have an affidavit from the Town Clerk of posting of this proposed Local Law on the Town Clerk's Bulletin Board. SUPERVISOR MURPHY: Thank you, Jay. You've heard the official reading of the notice of the proposed Local Law on scallop bags. Is there anyone here in the audience would like to speak in favor of this proposed Local Law? (No response.) Is there anyone like to speak in opposition to this proposed Local Law? Sir. Would you use the mike and give your name, please. Page 3- Proposed Lo~.'' Law - Scallop Bags ROBERT HAMILTON, JR., Greenport: I am a commercial fisherman and also past President of the Southold Town Baymen's Association. Most of the baymen I've spoke to are opposed to this as they are opposed to the five bushel limit, but that's not for discussion right now. We feel that the way it's written it's.totally unenforcable because a lot of the men keep their boats, in Town waters in the Town creeks and they scallop'in the State waters. Now the way that's written if you scallop in the State waters and use the normal grass .bag, which most of the fellows use, and bring the boat back into the creek to unload you can be arrested because they're in the wrong bag. Even if you're in State waters scalloping. The same goes .for the guys who live west, they use Gull Pond ramp, they go out in the B.ay, State waters, they come back in to unload, they go through Town waters, they're liable to get arrested for having them in the wrong bag. If you do work. in the area where 'the scallops are thickly covered with cordates, barnacles,, other growths, you Will'not be able to. get a bushel of scallops into the bag beCause of all the growth on them. Sometimes they!re double, triple their 'size'. So if. you try putting a bushel into your legal :bushel bag .you won't get a bushel of scallops in there because of' all the extra growth. Ahd third, it's almost impossible to po~r' a bushel basket, the standard wire I~ushel basket~ into the neck of an bn-~on sackr especially when' it's rough;.ou1:~ You'll 'end up with them all over the deck.' So it's. just going to make twice as much work:, for the commercial man who's going to probably carry now two different sets of bags, one for the creek, one for the Bay~ It's .just.going to make it--! think it's unenfo.rcable the way it's written. Either that or you're going to have to arrest everybody 'as they go in the creek to unload from' out in the Bay. Thank you. SUPERVISOR MURPHY: Thank you, Bob, Is there anyone else would like to speak in opposition to this proposed Local Law? (No response.) Anyone like to make any comments at all on the Local Law? Any Town Board member? COUNCILMAN STOUTENBURGH: Bob, how does that statement you make stand up in East Hampton where they say it's working very well and it was approved by the baymen over there, We checked into this to make sure that we weren't making a mistake. MR. HAMILTON: Well, there's only three or four baymen I.know who are in favor of it and they're part-time baymen, retired. Most of the younger fellows are totally opposed to it. We'i~e opposed to the five bushel limit. It seems that that got passed tOO. COUNCILMAN STOUTENBURGH: Well, the bag, I believe, will also have a larger neck than a onion sack so it will be easier to pour into. It won't be an on[on sack type of small bag as you usually think of. They put clams in. It will be a larger, from what I gather, from what I saw here. So that problem of pouring should be eliminated. The other idea of bringing them into the Bay, you could surely bring them from out of the Bay in one of our sacks, coulcln't you, just as well? And not be picked up? I mean, just using that as a--r MR.; HAMILTON: Working in State waters--r COUNCILMAN STOUTENBURGH: I realize you don't need it, but I mean to save any problems-~,someene who wanted to be questioned--they could put it in the bushel bag. MR. HAMILTON: All right now, iflsomebody doesn't .live in Southold Town and they"re scalloping out .in the Bay. COUNCILMAN STOUTENBURGH: That would be a problem, I agree. Page 4- Proposed Lo Law - Scallop Bags ~,~,, MR. HAMILTON: There's a lot of fellows use the ramp at Gull Pond who live in different towns. They come out here and they scallop in State waters. They're all liable to be arrested for having them in the wrong bags. Just for the fact that they're using the ramp inside the creek. Or if you tie up your boat inside the creek. I mean ,you're going to have to carry two sets of bags on the boat. COUNCILMAN SCHOL~DEBARE: You're two sets of bags on the boat won't help you either, because if you did get your bags--if you got your scallops in the Bay and you brought them back into our waters it's, presumptive evidence that you're in violation of the section. You brought out a good point. MR. HAMILTON: But you didn't catch them in Town'wate.-s. COUNCILMAN SCHONDEBAR[~: You didn't .catch them in the waters but you--- MR. HAMILTON: If you catch them in State waters and cross into Town waters you can still get a ticket. COUNCILMAN SCHONDEBARE; Yes. MR. HAMILTON: And I don't think that's right. COUNCILMAN STOUTENBURGH: It surely shouldn't be. COUNCILMAN SCHONDEBARE: That's worded improperly. MR. HAMILTON: That is going to be a problem because if the Bay Constable is standing at the dock when everybody comes in; he!s going to have to give everybody a ticket,just because they're coming into the creek with the other bags. COUNCILMAN STOUTENBURGH: I don't believe if the Bay Constable is standing at Gull Pond and saw a boat coming from State !waters he would then immediately pounce on the person because he entered, theoretically you're saying legally he should, but I don't think he's go ng to do that kind of-- mean we have a Bay Constable we've hired particularly because he's an understanding person and I don't think he's going to be ook ng for that kind of ridicu ous type of suit to bring on to some person; that's for sure, MR. HAMILTON: But we may have a Bay Constable in future years who wants to be a real pain in the ass and the harrass the hell out of everybody. See, I mean the Bay Constable now is a nice guy, he does his job, but you know ten years down the road or five years down the .road you may get somebody in there who's a little over zealo~Js about it and then everybody who's trying to make a living honestly, they're going to end up gett!ng tickets for no real fault of their own. SUPERVISOR MURPHY: Any other Councilpeopile have anything? COUNCILMAN TOWNSEND: Yes, I have a que's~ion. When we were presented with this law we were presented with it with the understanding the Baymen were in favor of it. Was there ever a meeting of the Baymen on this issue? MR. HA~I[LTON: Yes. there was. COUNCILMAN STOUTENBURGH: We have a letl. er, I believe, in our file from the Baymen's Association. Page 5 - proposed Lo~a~l~ Law - Scallop Bags MR. HAMILTON: There were twelve members present at that meeting. The vote was seven to five. Twelve members. So seven voted for it out of all the baymen. There was no prior notice that it was coming up for a vote.- No notice whatsoever. They just sprung it on. the meeting. A lot of times the Baymen have t~-ouble getting enough people there to even have a meeting. It does present a problem because most of the younger fellows---! know a lot of these guys are out working today. They couldn't make it because it's the middle of the a~ernoon, but it's definitely not the majority of the baymen who are for it. The majority are not for it. SUPERVISOR MURPHY: Thank you, Bob. Any other Councilmen have any questions? Any comments? Jean? Anyone? (No resposne.) Ail right, the whole purpose of it Bob, was to try to make the Bay Constable.more effective so that he'would be able to do his job easier and be able to cover a larger area~ If it's .in the bottom or your boat or i.f it's .in a bushel basket, or it it's in a bucket, doesn'.t mean anything. You're still limited by what a legal bushel is and. the siz~ of the bag 'and the .container. This was just trying to help do his.job better, but we will'take your comments into consider- ation. Any other comment~ on this? I~uth~? RUTH OLIV^, President, North Fork Environmental. Council: Could ! .just make the suggestion that if the Bay Constable has trouble in identifying, couldn't the person coming in from State waters have a driver's license or a car registration what would show whether he came from this Town or from some other Town? As Bob says, they can get in~o trouble coming from some other town. That's no big deal. I'm. sure the Bay Constable here knows most of the people that go out scalloping anyway. SUPERVISOR MURPHY: Yes. Any other comments on this at all? (N° response.) For or against or just plain comments? / COUNClL~IAN STOUTENBURGH: In our file is there a letter from th~ Trustees? COUNCILMAN $CHONDEBARE: There's nothing in this one, Paul, onIthe public hearing, no. I remember getting the letter from the bay people. SUPERVISOR MURPHY: We're not going to act on this today. All right, if there's ~o one else would like to speak at this time 1'11 close this hearing. ~J~c~dith T. Terry Southold Town Clerk ~ o~ ,~ ~o~ '~,~Sourho d · ~ ',:~' ~uU~,,"A- Coca~ , ". ~6~d bu~e5 ba~ f~ the. ~ ,t~ops for ..~,?ai:~ose~,n to~ wu~ . . BE:qT ENACT~ by ~e ~j~S6uiMI~ as fOl(ows . ,.Cou~ of the ~o~ of So~o 8 , ' ~is herebv~ehde~, ~ ~{Iou'~: ,,%~. Sem~....-~ ~ereof-., :~U~d~g':~eb~ ~e ~o{ :.~te~ , :~ ~" .... = , ~s[~ ~ ~ to be., ~so d~.bv ~' ~d~ ~ ?, · the wo~s i'~ oM .' ~ :the .~ COUNTY OF SUFFOLK STATE OF NEW YORK Potricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH~viAN, a pubilc newspaper printed <at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- / rr, Gn once each week for ........................................ weeks ~.ucce~iYely, commencing on th~ .................................... Swam to before me this ................. ~ ........... day of ................... to be su0chw, sion follog s: [. When scallops arc taken cial purpose~ pm-s~.tant to s~dou u?-2~ E.-of this ~ide, the s~ndard bushel s~ll be deemed to mean ~e ~audard bushel, as defined h secnion 7%201 of this'A~cle. .~ ~o~ taking se~lops se~on 77-204 E.. sh~l use ~ the standard bush~ ba~. ~ defined ~ Se~ion 77~ of ~is V. ~}s L~a} Law shah take effect upon hs Cding w~h-the Sc~er~ of I~e. p~s~.u~e o f ,. :~ for comnlereia} .; artd-q31aeed.~in aaa-...~ bushel baRs,,.fotmd zaboard.'any,boac or ~'essel in - .' ~m..e wazers of lbe .To,~.-n of. l~re~ d n~ fivii~-: ex~idliuce, of ~t" },~.~.. -, , --- available in the OtSfice oFthe ~7~204/.,it~.e(' .~. 15~l{ops). is '.'i To~. Clerk co any interestad am~euded'to read as followk"~ ~ - , . .---.. .-, r ' ' , persotls dmierg business ~E. Su ~b~.~e provisions~,I:' at flTts'k,~ ',~,~ more thkn :'' ~" _- . ,'%~,~?~ - , .................. Gl-V- ave -~l'~tanda~d:~tskeJs~;, ,of " ~,,~.~-~o~ >1 Town or' Southold will hold a .own ~aters~£6}~u~....ey~tal y public heanng un t:~e aforesaid person ls~o '/) - . i. l- '-~ Town Hall. biai~ Road.'South- old. New York. on the 28th day ~e.~ LI) day for ..I /,,-204 '.thereof ;'~' ~mZnded b~ add:' of August. 1981., at 3:30 P.M., at which time all interested persons ~il{ be heard. DATED: July 31. 1984. JUDITHT. TERRY, SOUI'HOLD TOWN CLERK I T-8/9784(60) Notary Public STATE OFNEWYORK ) ~ . .~__..~.al Notices o,d.. nn th'~ h~ scn ~.O~ in o~e (D ~Y . a[or~aidso~mol~ Tow.L~al L~WH~. a'~M~jnthe ~:: LEGAL NO~CE II. Subdivision F. o~ Section lot commercial p~- ~d, ~1~ New York, c:. 77-202 ~ereof (Permit r~ - NOTICEOFP~B~C - ~ses. ~e~th~yofAu~[ l~,aL %~INGONLOCALLAW ~ qu[rements) is. amended' IV-SectLon 7~-204 ~e~e~[ , 3-30 p.M. at. Which PXTm,~ ~ 'i, ~,h~ [oread'~ fo~0~: (S~ops) zs amena~ oy i~rest~ ~rs6~ Will be ~iven t~t there ~as bee~ F The presence of shell- - addmg'a new sub~smn ~ ~ -- ' .................. ......... ~ ~ . ~bBshel bnas fn~ th~ ~= O[ ~ . p~s~ aua~cea :: ~0n v,-z~=~ 0'~ ~ ~oan~s ' for ~m~e~oial: = n~-standnrd bnsh~l · Article .the standa d m regularly pubhshed n ~ u e 'n '-wu a~ " .bags. fo~.a~ard ~y bo~ sh~R he ~ , - o ~ ,..~ ,. -- a.. a rn]l.~.- I. wit. · ~bo~t or ~es~l m ~e to m~n the stan~rd [' BF IT Eg.~CTE{) ~ th ~ :~[~:~ ~wn of ~ ~el e~efi~ed ~E,~: ~ nmenc ng on the ~ ,,~' ~ ~' ~., ~ SOUt~td,, :s~aii be , t .~ ~ add oos ~n~c=ted ~?' ;e~d~c~ ~ola~ou .~kmg: se~,o~ ~om ;.nn, li,.d 'd'~4~,',,,,~ t~" :-,ot~s~e: :: :-: Wa~rs'~r~?~m~: 'rakmu of 5[ellhsh of Ihe z~amen~read~folr ~ .... , · , low~U , ' PrincipalCerk ,Code~f le Im~nol So..} Id is h reby umff{d~ a.~ fo 1o~ s E. Subject ; to the as defined in s~on ~- I. Seclion 77-201 lheruol p~v}s}o~ of' ~s s~- ~lofthis Article. · ~ . I)elinitimls { is n mended ~oo, u~ more t~n five V. th~ L~ L~ sh~ take 9Lb L, ~ 5 ~bmhels of ~tf~t u~n its f~g ~th 8 4 -~. I,) adding Iherelo Ihe ~ol- '_ 19 a [ov~oglerm: ~alio~ may ~ takeu ~eS~reta~ 0l~te. " ST~{~iD ~C'.tlil{. . from town wate~ for Copies ofs~d L~E La~' are ~ - Thai amou.I m' lin commercial pu~s :~ avaUable in ~ O{hee o~ the ~.~ ,;,t,;.,.d ~.,. ,.~,~. ~{,..; .~ any oee ~ l~ day b~' ~ t. ;T0~ Clerki0 an~es~: will lill , i~ao ,,, ~,_ any oue ~1~ person petson~ d~mg, of ~Um~s at '~' ~d -. ~e ' a~ga~e, not df.~e=Town of S~hold ~H . to ~ Sram i~ ~e 'more. ~an ~n (10)_ hold a publiq bea~ing on the