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