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HomeMy WebLinkAboutClams 1992 LOCAL LAW NO. - 1992 A Local Law in Relation to Clams BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby amended as follows: Section 77-205 (D) (Clams) is hereby amended as follows: D. A permanent resident, 'taxpayer, a temporary resident or a guest accompanied by a permanent resident may not take more than-one htJnd~ed--~0e~--~t~ms one-half bushel of c~ams fron) town waters in one (1) day for noncommercial purposes. Section 77-205 (E) (Clams) is hereby amended by deleting the existing (E) which reads as follows: 3. Section 77-205 (E) (Clams) is hereby amended by adding a new (E) which reads as follows: There shall be no limit on the number of hard and soft clams that can be-taken from town waters for commercial pu-rposes. II. This Local Law shall take effect upon its filing with the Secretary of State. * overstrike indicates deletion ** underscore indicates addition PUBLIC HEARING SOUTHOLD TOWN BOARD June 2, 1992 4:35 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO CLAMS". Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Assistant Town Attorney Matthew G. Kiernan SUPERVISOR HARRIS: The third and final public hearing of the evening is a "Local Law in Relation to Clams". Proof of publication, and verification will be read by Councilman Tom Wickham. COUNCILMAN WICKHAM: "Public Notice is hereby given that there has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of May, 1992, a Local Law entitled, "A Local Law in Relation to Clams". 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 2nd day of June, 1992, at 4:35 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Clams" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as ·follows: I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby amended as follows: 1. Section 77-205 (D) (Clams) is hereby amended as follows: D. A permanent resident, taxpayer, a temporary resident or a guest accompanied by a permanent resident may not take more than on~-~'v~d~ed-~-H]8-)-~+a~s one-half bushel of clams from town waters in one (1) day for noncommercial purposes. 2. Section 77-205 (E) (Clams) is hereby amended by deleting the existing (E) which reads as follows: be- ~a k~n- -ft~on~ -town - wa~ers- -for - ¢omme rci~l - pul-poses- ~ ~ Pg 2 - PH LL in relatio~to clams 3. Section 77-205 (E) (Clams) is hereby amended by adding a new (E) which reads as follows: E. There shall be no limit on the number of hard and soft clams that can be taken from town waters for commercial purposes. II. This Local Law shall take effect upon its filing with the Secretary of State. * overstrike indicates deletion .** underscore indicates addition Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: May 20, 1992. Judith T. Terry, Southold Town Clerk." I have before an affidavit that this has b~en posted in the Town Clerk's Bulletin Board outside the hall, and further affidavits, one from The Suffolk Times, and one from The Long l.sland Traveler-Mattituck Watchman, that has appeared in the classified. No further correspondence in connection with this proposed Local Law change. SUPERVISOR HARRIS: Thank you, Tom. Are there any members of the audience, that would like to speak either in favor, or against this Local Law change? MICHAEL BURKE: Michael Burke from Mattituck. The first item in relation to this mat~er is it's timing. I read the legal sections of the local paperf and many people do not. One wonders how these matter come up so quickly, and quietly. The not!ce of this meeting was only published on May 28th, five days ago, and tell us only that one time. It would seem to me, and others; that matters such as these can effect the entire town. Both matters relating to changes, or enacting new laws, that the notice be published more than one time, and at the very least the matter could be discussed at such hearings being known to the public at least two weeks prior to such hearing. This being done would eliminate even the suggestion that a fix was in. I need not remind you, I'm sure, that if it were not for public hearings, we'd all be going down to McDonald's in Mattituck after this hearing. I would hope that this body would embrace the idea that an informed public make informed decisions, and it's elected officials making those decisions, that that serve the majority of our citizens, and not just a special interest group attempting, to change the law for their own good. In relationship to the matter pending before this hearing, the following questions needs to be addressed. To what benefits to the residents of the Town of Southold is there to change the existing law, that allows a commerical bayman to remove 1,000 clams a day from Town waters to an unlimited amount of clams in any one day? I would suggest to you, that the desire to have it all right here and now smacks of greed, and will in fact be the very downfall to those who think the proposed law will benefit them. I ask you to consider this. What has happened each year when the scallop season begins, will surely happen when this proposed law is adopted. That is, as soon as the scallop season opens, men and women of this community take their vacations, or their sick time from work, and they go out and they get theirs. Well, rest assured that if you open this proposed unlimited amount of clams to be taken, you're going to promote clam rush withi~t, our town, and we can laugh about it, but in this economy money is difficult to come by, and the idea is not all that farfetched. The next question has to be addressed, is how can you allow this unlimited amount of clams to be removed at the very same time the Town is buying, and planting clams in our waters. Does this not tell you by logic alone, that the current amount of clams can not produce fast enough to keep up with the present harvest? Let's talk about money. To my understanding there are four or five full-time clammers in our town. By full-time I mean just that. Their .Pg 3 - PH LL in relatio~lams .,r~! entire livelihood comes from working with clams. They do not fish. They do not lobster. They do not bang nails on the side, when things are slow. They depend upon the supply of clams to catch to support themselves, and their families. What are these men to do when you allow this law to be passed as presented, and you havef let's say, two hundred people out there taking all they can? Just how long is that going to last? What about the price? It has shown that in the past on December 1st the price of clams is about $80.00 a count. What happens when around December 14th, when conditional waters open up the price of clams drops to $60.00? All because the market is fiooded, ~omany clams. What effect is that going to have on the clammer? Take it the next step. When all the clams are gone~ what are these clammers going to do? These men are going t~ have to survive a long winter without an income. The baymen in this town know too well thatI this past year had it not been for the oysters located in Mattituck Inlet to see tl~em through it would have been a disaster for them. The price of clams was down, and most of them had trouble even getting their two count limit as it was. Now, it's proposed to remove any limit. Talk about shooting yourself in the foot. This proposed law needs to go back, and to be rewritten. The first section change should not be adopted as New York State Conservation Law was changed this past year, and limits to 100 the amount of clams any individual can take, unless they have a commercial license. So, the law is faulted to begin with. The second section E, should never be passed without a firm fixed amount. I would suggest that if 1,000 clams a day is not enough, at the price of $80.00 a count, that's $160.00, then perhaps recount 1,500 clams, equal to $240.00 a day would be fair for all, and still allow clams that would there in there in the waters of Southold for generations to come, The Board may have the authority [o pass this proposed law, but for the future of the town it has the duty to reject it. Thank you. SUPERVISOR HARRIS: Thank you. Are there any other members, that would like to speak in reference to this matter? STANLEY SCHILDER: My name is Stanley Schilder. I'm a Mattituck resident. I want to bring to the Board's attention, that some years ago, there was clamming west ,of the Inlet in the Sound, and the commercial people came, and in three years they cleaned out all the clams on that sand bar west of the Inlet, .and they disappeared. The American Charger, there was huge vessels from out of state came there, and cleaned it out. The DEC tried to police it. They can't do it on a twenty-four hour basis seven days a week. I'm uncomfortable with the idea of anybody under any circumstances having a license to do unlimited reduction, or clamming, or anything. I think there should be some restriction, and there should not be unlimited clamming for the reasons this gentleman very astutely brought forth. Thank you. SUPERVISOR HARRIS: Is there any members of the audience that would like to speak in reference to this matter? (No response.) I'd iust like to read one conmuniqu~,that came before this Board. This was addressed to the Southold Town Board from John Bredemeyer, President Southold Town Board of Trustees, were this originated from. This did not originate with the Southold Town Board, nor does it ever, when it comes from the shellfish industry in the Town of Southold. This is dated May 14th. At the Southold Town Trustees meeting of April 30, 1992, J~g 4 PH LL in relatie?'~to clams the Southold Town Trustees accepted the recommendations of the Southold Town Conservation Advisory Council, and the Southold Town Shellfish Advisory Committee, and unanimously approved an increase in the clam limits to one half bushel for residents, and the prevailing State limit for commercial harvesters. This is the communiquethat we received. This ~imputis: was not on behalf of the Town Board. This came before the Town Board of Trustees, who are in charge of that industry, because they are in Town waters. That is their charge under the Andros Patent. l~d also like to explain to the residents of this town, that when this Board receives recommendations from the Trustees, we always look for backup, and get further information. This is also backed up by the baymen of the township, and it has come to the Town Trustees'attention, that in the past the present regulations are unenforceable. That is why the Trustees were forced to move into this position. They tried to prosecute an individual under the old statute, and it was unenforceable. It was thrown out of court. ' That is why they have moved in this direction. I don~t have much else to add other than the communicl~,that were read earlier, and if there is any other comments in reference to this, please come forth. I~[ICHAEL BURKE: Mr. Harris, I'm aware of the flaw in the present law as it's written.. Presently it doesn't specify the type of clam, that we're talking about. An overall amount you're talking about. If there was a limitation on the entire amount of clams, not just one specific size clam, then I think we have an enforceable law on our hands. Again, we have the problem with the fact, that as the law is presently proposed, New York State says one hundred clams, so I don't know how this law could possible be adopted. If anything, maybe you should just go back to committee before being adopted, un[ess it has to be adopted today. SUPERVISOR HARRIS: It doesn't have to be acted on today. It's up to this Board whether they want to move on it based on the documentation they have already received from the Board of Trustees, and other interested parties in reference to communicas. MICHAEL BURKE: . As I stated earlier, I don't think enough of the community is really aware of what is being suggested here, and I would certainly hope that the Board would allow two or three weeks for this matter to have a little more imput into it. Thank you. STANLEY SCHILDER: Do I understand you to say, that because they o~_t ~er~force a law, we wash the law? We just get rid of it? SUPERVISOR HARRIS: If the law is unenforceable, there's no purpose on having it on the books. STANLEY SCHILDER: Have they considered any other? SUPERVISOR HARRIS: They did. They looked at all aspects, and as I said, in the letter I read from the Trustees, it was their recommendation from the Shellfish Advisory Committee, which has members from Cornell, the CAC, the members of the Trustees, there's members from the DEC, that committee as well as the Conserva- tion Advisory Committee felt it prudent to go to the existing State law, that exists on the books now, because it felt that it more than covered the situation as it exists. . , 'Pg 5 - PH LL in relatig~'~'~o clams STANLEY SCHILDER; As I said, I'm uneasy, because I've seen what happened on the sand bar west of the Inlet. It was wiped out. SUPERVISOR HARRIS: Just for clarification, 'as you know, that's not within the Town waters. That's State waters. STANLEY SCHILDER: I~m talking about the philosophy, and the trust in allowing unlimited. That's the case there, then the case can be held locally, as well as on State waters. SUPERVISOR HARRIS: tions from the audience, Thank you for your I move to have this I~put. If there's no other communica- 3ublic hearing closed. (No response.) Judith T. Terry ~/ Sputhold Town Clerk LEG,S~ NOTICE ~ ,~ NO~ICE OF '?~; · PUBLIC HEARING · ].- ';, ON LOCAL LAW ~)- PUBLIC NOTICE IS ~ ~HEREBY GIVEN that there has ~'been presented, to the Town ~; Board of the Town of Southo[d. ~$uffolk County, Ne~ ~brk. on ~)he 20th da~ of May. 199". a ~;Local La'~ entitled. "A local ~,Law iff Relation to Clams." ~. NOTICE IS FURTHER SGIVEN'that the Town Board of %'the Town of Sou£ho d ~ fl[ ho d a pulse heariog on the a [oresaJd Local Law at the'Southefld Town , Hall, Main Road, Somhold, ~,Ne~;~ York, on the !nd da~' of lone. 199~ al 4:3S P~I., at ~'Kich time all imere, sted persons ,viii be heard. This proposed "Local Law Relation tO Clams" read~ as 'ollows: . :BE' IT ENACTED by the ~own Board of the...Towd ~f ?,odthold as f'511ow~ I. Chapter ?? ($1TeUfishl of .he Code of the ·Town o[ ~oathold is hereby amended as 1. Section 77-20§(D( (Clamsl ;,4is hereby amended as ToUov, s: ~ D. A permanent residem, iax- g'payer, a temporary rcsidem or a ?guest accompanied b} a perma- tnent resident ma)' not take more ~.o. ne-half bdshel of clam~ from ~to~,n waters in one Il} day for ,~ noficommercial purposes. ~ 2. 5ectinn T?-205 CE) IClams} ~s hereby amended by deleting .,.athe exiszing ~Ei which reads as ~,,:,erq n t h ~- n e. ~ ~c g. at¢..~.~n~ ~. ~ 3. Section'F'-205 IE) (Clams1 ~ is'l'iereby amended by adding a ~'nev,. lei which reads as follows: E. There shall be no limit on ~,the number of hard and soft ~.clams that can be taken fi.om ~.town waters for commercial ~ ~r~oses. '__ _ 'COUNTY OF SUFFOL'K STATE ()1: NEW YORK SS: Patricia Wood,' being duly sworn, says thac she is the Editor, of-I'[-IE I_ON.G ISLAND TRAVELER-WA'FCHMAN, a public newspaper printed at S.outhold, in Suffolk County; and th~/ the nolice or which the annexed is a printed copy, h4s lreen pul)lishecl in ~aid Long Isbocl 'l'J';welcr. W;xtchm;m succesfiive]y commenc[ngon the ~ ~ ~wor'~l rtl [)nl'nJ'e Ille Ibis ~ -' .................... day of ......... ....... 7.? Nolary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State ol New York No. 4806846 / ;--- :'effeCt u~ofi its flung with the Secretary of Stat~ ' *overstrike indicates deletion. **underscore 'indicates additton Copies of thig Local La~ are available in the Office of the Town Cterk to any interested persons during business hours, · 2 DATED: May 20, 199 JUDITH T TERRY SOUTHOLD I1DWN CLERK 1X-5/28/92(75) LEG~JL ~'OTICE NOTICE OF pUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE I~ HERL~y GIVEN fha fl~z has b~n presen'~l I. ChaI~r T/(Shdlfish) of ~h~ Cod= L Saefian 77-205 [D) (Clams) is h.~eby am~deg ~ follows: one (1) ~ay for nonc~- 2. Secfi~ 77-205 ~) (~s) e~i~g (E) which ~ads as (1) ~r~o~ Two C2) sr,,,Tg ov YOaK) ) SS: COUNTY OF SUFFOLK) C~(E~ C~3 ~ Mattituck. in ~d Co~, bei~ d~y ~om, sa~ ~t he/she is ~cip~ Clerk of THE S~LK T~, a Wee~y Ne~pa~r, p~lished at Mattit~k, ~e To~ of Southold, Coun~ of Suffolk and S~te of New York, ~d ~at the Notice of which ~e ~nexed ~ a p~ted copy, ~ b~n ly publis~d ~ ~ Ne~pap~ once each w~k ~r [ we~ s~ssi~y, ~en~ on . ~m~ ~ ~. ~ t~ ~i -~ ~p~ Clerk