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HomeMy WebLinkAboutTaking of Shellfish 1990~'D1TH T- TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTi-IOLD September 6. 1990 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197i FAX (516) 765-1823 TELEPHONE (516) 765-1801 To: John M. Bredemeyer, Ill, President Board of Town Trustees From: Judith T. Terry, Town Clerk~;~f -- Re: Scallop Season The Town Board discussed the proposed "Local Law in Relation to Taking of Shellfish" (copy attached), and ruled that the Trustees' resolution of August 23, 1990 allowing scalloping in Southold Town Creeks during the 90/91 season by hand or with a scalp net only for both non-commercial and commercial, scallopers, to be sufficient in their opinion. They do not feel a ] heal .Law amending the Shellfish Ordinance is n~coqq~ry. LOCAL LAW HO. . ;1990 A Local Law in relation to Taking of Shellfish BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 77 (SH£LLF1SH) of the Code of the Town of Southold is hereby amended as follows: 1. Section 77-20~C {Scallops) is hereby amended to read as follows: Subject 'co the provisions of this section, during the period from October 10 to March 31, both dates inclusive, scallops may not be taken from Town waters with a dredge or bull rake. Section 77-211.1 (Dredges and scrapes) read as follows: is hereby amended to The use of a dredge, scrape, eel dredge or similar device towed ky ~ J:u3at ~parated .by mechanicaJ ~wer ~r 'ether mean~ is prohibited in town waters. ii. This Local Law shall take effect upon ils filing with the Secretary of State. TRUSTEES John M. Bredemeyer, III. President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone 15 l 6) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 151611 765-1823 Telephone (516,~ 765-1800 TO: Town Board FROM: Board of Truste~ RE: Scallop Season DATE: August 24, !990 The following action was taken by the Southold Town Board of Trustees at the regular meeting on Thursday, August 23, 1990: RESOLVED that the Southold Town Board of Trustees allow Scalloping in Southold Tovra Creeks during the 1990/1991 Regular Scallop Season by hand or with a scalp net ONLY for both non-commercial and commercial scallopers. No dredges, Bull rakes or mechanical devices are to be used. The Trustees lack good scientific information as to the number of mature scallops in the area. The Trustees would not object to the Town Board fu2ther regulating scallop fisheries, should additional information be brought before them. If you have any questions, please do not hesitate to contact this office. cc: Bay Constable CURRENT § 77-204. Scallops. A. Scallops may not be taken ~rom tow~ waters during ~e period from Apr~ 1 to the ~d Sunday ~ Sep~mber eac~ ye~, both ~s ~c[usive. B. Subject ~ the pro~sions of this section, cluing the ~od ~om t~ ~st Monday ~er the t~ Sunday ~ September ~ O~ober 9 ~ e~h ye~, both da~es ~chisive, not more t~ one-h~ (V~) bushel of s~lops may be ~en town wa~rs ~ ~y one (1) day by h~d or with a sc~p [Amend~ 7-7-82 by L.L. No. 5-1982] C. Subject to t~ ~o~sions of t~s ~ction, du~ t~ ~od ~om October 10 ~ M~ch 31, both da~s ~clusive, s~lops may ~ t~en ~om ~ wate~ ~th a &ed~ or s~ ~v~g ~ ope~g at the moth of not mo~ t~ t~y-s~ {36) ~ches ~ width when towed by a boat o~d by m~ power or other me~s, pro~&d that dr~ge or s~a~ ~ brough~ abo~d the boat by power ~t~ut the use of a me~c~ de~ce. D. Subjecg go ~e prov~ions of t~s sectio~ a resident, ~ t~payer, a ~m~ resi~nt or a ~est, when accomp~ by a pe~ent resident, may ~e ~om to~ wa~rs not more th~ on~h~f ('/z} bushel of scoops ~ ~y Cont'd on page 7707) CU~PZ~f~T ........ § 77.211.1. Dredges and scrapes. [Added 7.7-82 by L.L. No. 5- 1982] Except as permitted hy § 77-204C of tkis Article, the use of a dredge, scrape, ell dredge or similar device towed by a boat opera, ed by mechanical power or other means is prohibited in town waters. , PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT iNFORMATION (To be completed by Applicant or Project sponsor) I- APPLICANT/SPONSOR I 2. PROJECT NAME Amending Chapter 77 TOWN OF SOUTHOLD (Shellfish~ 3. PROJECT LOCATION: Munlc~pamy Town of Southold ceu.~y of Suffolk 4. PRECISE LOCATION (Stree[ address and road intersections, prominenl landmarks, elc., or provide map) Entire Town of Southold SEQR 5. IS PROPOSED ACTION: [] New [] Expansion ~ ModificattonlaReratlon 6. DESCRIBE PROJECT BRIEFLY: Amending Section 77220q(c) (Scallops) of the Southold Town Code with regard to taking of shellfish 7_ AMOUNT OF LAND AFFECTED: Entire Town of Southold Ingially acres Ul[imately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes ' [] No If No, describe briefly g. WHAT IS PRESENT LAND USB IN VICINITY OF PROJECT? . [] Resident(al [] Indu~tBal [] C~mmer~ial Describe: [] ParPJFores[/Open space [] O[her 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? [] Yes [~o J~ yes, list agency,s) and permit/approvals 11. DOES ANY ASPECT OF THE ACT~(;t~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~7~ No I! yes, lis1 agency name and permit/approval .L 12. AS A RESULT OF PROPOSED ACTi~)N WILL EXISTING PERMIT/APPROVAL BE. QUIRB MODIFICATION? []Yes ~No I CERTIFY THAT THE INFORMATi~M.~ ~N PROVIDED. v~ABOVE IS TRUE TO THE BEST. OF MY KNOWLEDGE Applic~nl/$po.,or name:~ot~_t Lv"a Supe, Town~ of Sou~hold Signalure: 8-28-90 Dale: I! the action is in the ~;oastm Area, and you are ~'state agency, complete Coastal Assessment Form bel'ore proceeding with this assessment the OVER PART II--ENVIRONMENTAL ASSE"~mMENT (To be completed by Agency) --' A. DOES ACTION EXCEED ANY TYPE t Tr..=SHOLD iN 6 NYCRR, FART 617.127 If yes. coordinate the rewew process an~ use the FULL EAF. ACTIONS IN 6 NYCRR, FART 617.67 If No, a r, egatlYe declaraUon'- [] Yes [~[No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED may be superseded by another involved agency. ~ []Yes 5tNo t(. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwr~aen~ if legible~ C1. Existing air quality, surface or groundwater quality or quantity, noise levAls, existing traltlc patterns, solid waAle production or :llspasAl~ potential for erosion, drainage or fl~ing problems? ExplAin briefly: NO C2. Aesthetic, agriculturAl, archaeological, historic, or other natural or cultural resources: or community or neighborhood characteC¢ E~plaln brleIly: NO C3. VegetAtion or fauna, fish, shelllish or wildlile species, significanl habitats, or threatened or endangered species? ExplAin brleily: NO CZ. A community's existing plans or gOAls aS ot/iclally adopted, or a change in use or intensib/of use of tend or other natural resources? Explain bHetly~ NO C5. Growth, subsequent development, or related activities likely [o be induced by the proposed acfi=n? Explain briefly. NO C6. Long term, shorl term, cumulative, or other effects not [dentilied in C1-C67 ExplAin briefly. NO C?. Other impacts (including changes in use el either quantity or lype of energy)? E×pla[n briefly. NO D. IS THERE. OR I$ THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] YeS [~o If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identi[ied above, determine whether if is substantial, large, important or otherc~e significant. Each elfect should be assessed in connection with its Ia) setting ILo- urban or rural); {b) probabili(y of occurring; (c) duration; Id) irreversibili[y; (e) geographic scope; and (f) magnitude. It necessary, add attachments or reference suppoding materials. Ensure that explanations contain sufficient detail to show that ali relevant advers_e impacts have been identified and adequately &ddressed. [] Check this box if you have identified one or more potentially Isrge or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration_ [~ Check this box if you h~.¥e determined, based on the i'nfbrmation and analysis above and any supporting documenta(ion, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessaw, the reasons supporting this determination: ~co~. // ~a . ' ~ ,~:/, ~ / ,, 8-28-90 / HARVEY A. ARNOFF Town Attorney MATI~IEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE TO: FROM: DATE: RE: Matthew G. Kiernan. Assistant Town Attorne August 27. 1990 Proposed Local Law in Relation to Taking: of Shellfish Att~hed~hereto is a proposed Local Law which was requested by Jay Bredemeyer. to be placed on tomorrow's Town Board agenda. LOCAL LAW NO. . 1990 A Local Law in Relation to Taking of Shellfish 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: 1. Section 77-20u, C (Scallops) is hereby amended to read as follows: Subject to the provisions of this section, during the period from October 10 to March 31, both dates inclusive, scallops may not be taken from Town waters with a dredge or gull rake. Section 77-211.1 (Dredges"and scrapes) is hereby deleted in its entirety. II. This Local Law shall take effect upon /ts filling with the Secretary of State.