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HomeMy WebLinkAboutNon Comm. Scallop Season 1999PUBLIC HEARING SOUTHOLD TOWN BOARD SEPTEMBER 1~,, 1999 8:07 P.M. ON A PROPOSED "LOCAL LAW IN RELATION TO THE NON-COMMERCIAL SCALLOP SEASON". Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: A hearing on a "Local Law in Relation to the Non-Commercial Scallop Season". COUNCILMAN MOORE: "Public 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 August, 1999, a Local Law entitled, "A Local Law in Relation to the Non-Commercial Scallop Season". Notice hereby 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, 53095 Main Road, Southold, New York, and hereby set 8:07 P.M., Tuesday, September 11~, 1999 as the time and place for a public hearing on this Local Law, which reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 77-20u, (B) Non-Commercial Scallop Season B. The Trustees of the Town of Southold shall establish, by resolution, the daily amount of scallops permitted to be taken from town waters by hand or with a scalp net either' by an individual or per boat during the' non-commercial scallop season. -~r!~g the non-commerlcal ¢callop season, not mor~-~h~r~-- -one-_~Jf (1/2) bushel of scallops may be taken from town waters in a~," one (1) day by Rand er with pg 2 - PH * Underline represents additions Strikethrough represents deletions II. Severabillty. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgement made thereby shall not affected the validity of this law as a whole or any part thereof other than the part of the provision so adjudged to invalid or unconditional. III. This Local Law shall take effect immediately upon filing with the Secretary of State, Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during regular business hours. By Order of the Southold Town Board of the Town of Southold, Southold, New York. Dated: August 31, 1999. Elizabeth A. Neville, Southold Town Clerk." There is proof of publication in The Suffolk Times, that it has been posted on the Town Clerk's Bulletin Board. There is no correspondence. SUPERVISOR COCHRAN: I know there are people that would like to address this change in the Code. Anyone that would like to make a statement, or a pro and con in relation to the change in the Code for the scallop season. We entertain your thoughts now. Mr. Smith? HENRY SMITH: Henry Smith representing the Southold Town Trustees. I am here to answer anybody's question that they have on this change. Basically it is going to stay as half a bushel per person; but we are going to limit to one bushel per boat, and this will discourage people loading a boat with kids, and using the resource to sell. We want to keep this completely recreational so Mom and Pop can go out there and get their half a bushel each, and for just the home resources, and I would be happy to answer any questions. Thank you. SUPERVISOR COCHRAN: Thank you, Henry. Mr. Dzenkowski is one of our Bay Constables. DON DZENKOSKI: Don Dzenkoski, Senior Bay Constable of the town, and I am here to speak on opposing of this law. I feel the change will create more problems, than solve, they will create an unknown as to what the limits will be for each season. There are no time constraints in the proposed law as to when the season the limits will be set. In general it really does not address the problem. The Shellfish Advisory Committee, which is comprised of recreation and commercial, recommends the following change to the Board of Trustees over a year and a half ago with no action. They were having all the temporary shellfish on September 15th of each year to reduce the number of persons shellflshing. Set an age limit stating that only persons with a shellfish permit. This would eliminate the loading of boats with small children just to take that extra bushel of scallops. These two suggestions were looked into, and properly addressed, and then placed into the Town Code residents could be aware of scallop regulations for each year. Let the representatives of the Shellfish Advisory Committee, the Town Trustees, the Town Code Committee, meet and discuss the change. SUPERVISOR COCHRAN: Thank you, Don. Is there anyone else that would like to address the Town Board? COUNCILWOMAN HUSSIE: I would like to hear a respondent. Could you respond to that what Mr. Dzenkoski just said? pg 3 - PH COUNCILWOMAN HUSSIE: I would like to hear a respondent. Could you respond to that what Mr. Dzenkoskl just said? HENRY SMITH: Yes. This is something we tried to put through last year, and we got shot down. This was proposed by Trustee Polywoda, who is a member of the Shellfish Advisory Council. This is what they wanted, and also the local baymen organizations. This is what they wanted. COUNCILWOMAN HUSSIE: But did you consider the point ... HENRY SMITH: They were never brought up. SUPERVISOR COCHRAN: Ken, perhaps you can shed some light on this. Would you like to make comment? Mr. Polywoda is also a Town Trustee. KENNETH POLYWODA: The main issue is non-commercial. When the season begins it should be non-commercial, I am commercial shellfisherman (unintelligible) bushel maximum per boat per day, and that should clear up a lot of controversy... As for the Shellfish Advisory Council just recently we had a four man forum (unintelligible). COUNCILMAN MOORE: The question I had was that what the proposed local law does hopefully reflects the change from year to year. You have a bad year one year, a better year the next year. It doesn't set specific limit. It allows the Trustees by resolution to set a per vote, or a per individual limit, which hopefully is reflected on information that you have been given.. You tell me. You are the bayman, When do you need to, know? When do you know for a given year what the likelihood of a good season is as proposed to a bad season? This local law does not set a limit. KEN POLYWODA: What we are recommending to the Board is .. COUNCILMAN MOORE: This law gives the Trustees the power to set the limit, whatever is appropriate. KEN POLYWODA: That is what we are doing, and that would stay. As far as I am concerned that should stay. SUPERVISOR COCHRAN: But, that is what you are asking for year after year after year, then it should be put in the law, rather than leave it to the discretion of the Trustees. KEN POLYWODA: I agree with you. SUPERVISOR COCHRAN: Thank you, Ken. If it is a matter of the quantity of harvest so that you could fluctuate and have different catches different years, than I can see giving the Trustees the authority. Otherwise it should be a part of the Code, so I have to know where you are coming from, and a set limit. KEN POLYWODA: Just as it is commercial limit, five bushels, and ten bushel per boat, non-commercial one half bushel per person. pg I~ - PH COUNCILWOMAN HUSSIE: What is your response to the idea of having all the temporary permits ending at a certain time? KEN POLYWODA: That was a good idea, because we have a lot of out-of-towners coming in within the last couple of weeks prior to the season and load the place with non-residents. That is good idea. COUNCILMAN MOORE: How does having the permit expire, maybe I don~t understand what Oon's comment was, the permit expire September 15th? DON DZENDOWSKI: There are different types of shellfish permits that are given out. There are permanent resident permits, temporary resident permits, and the temporary ones give the people... COUNCILMAN MOORE: It is the temporary resident one.. DON DZENKOSKI: The temporary one expires on September 15th that way, like I say, you would be eliminating 100 people. I agree it should be set in black and white in the Code what the limits are. I could agree with a bushel limit per boat. That allows for two neighbors to go out in a boat, and get their limits, and it is reasonable. By saying a one bushel limit that is to say a husband and a wife, one household, one boat, so the neighbors are going to go in another boat. So, instead of having 100 boats out there we are going to 200 boats out there. It is just going to magnify the amount of boats that are out there. As I say two bushel per boat works a little bit better. I think if this was spelled out in the Town Code in black and white, so come the first of the year when somebody gets their shellfish permit they know what they are allowed to have. Right now, I don't know, we probably have six or seven hundred non-commercial given out. These people are now saying that they are allowed to take a half a bushel per person, so now if we change this people that don't read the local paper or don't pick up on it, here's a piece of paper telling then can do something today when they really can't. I just feel it should go back to the Code Committee first. COUNCILMAN MOORE: A question for you. Is what is proposed in this local law better than what is currently the law? DON DZENKOSKI: No. The limits can be set every year. We don't know what kind of limits. That is the problem. Right now it is a half a bushel per person. It is very easy to police a boat. You can tell what a half a bushel is. They can actually change the limit to one hundred scallops. It doesn't say that... COUNCILMAN MOORE: Trying to get some guidance, if we would be better to enact here, and take your recommendations, or leave what is in place. HENRY SMITH: You have to understand our natural resources. Things change. You are allowed one Striped Bass today, which I was happy about. You don't know the regulations until like now, when the season opens in another month. So, I just don't feel that it is going to be a problem to enforce. You know, times change, the resources change, and you know things aren't as simple as they used to be, and you know years ago there were so many scallops in every creek. Nobody cared, but today our pg 5 - PH resources are very limited so we are trying to stretch it out so everybody gets a fair share. SUPERVISOR COCHRAN: Thank you. Board in relation to the scallop season? you have given out for this year? Anyone else like to address the How many permits do you think TOWN CLERK NEVILLE: I am sure it is over a thousand. BRUCE MCDONALD: My name is Bruce McDonald. I have a few comments and questions. The main issue is if I understand correctly is the selling of scallops during non-commercial. If that is an issue, and it is obviously enforcement issue, is what it really is, then why are we propagating more regulations if we can't enforce the first ones. We are just going to have another set of regulations, that are equally unenforceable, and my position is if there is people out there that are taking scallops in a non-commercial season and selling them take them to task for it. That is the responsibility of the Town. The Town set them up. C;o out and take care of them, but don't..you can't all of sudden say, the non-commercial permit holders can be regulated, but I don't see anything in this, as the resources are limited, I don't see any terminology in here that would limit commercial side. You are ready to put limits on the non-commercial, but not on the commercial. That doesn't make any sense. There seems to be, what is being stated, and what is really happening underneath doesn't seem to make sense to me. I look at the resources when I hear the Bayman's Association are suggesting what we ought to be doing with it. I don't hear any suggestions of their limitations, only the non-commercial. There are resources for all the Town residents, not just for the bayman, not to be preserved for the commercial citizen, it is for all of us, and also there is bi9 difference between..I think, of how commercial and non-commercial people take the scallops out of the bay. You know, commercial goes in with dredges and dredge up everything they can. We can only take them by net or by hand. We seem to be regulating I think the wrong side of where the scallops are going. Honestly I don't know if in my heart that the Trustees have..I mean they are hardworking, I think they have their hearts in the right place, but I am not sure that they have a set of skills and knowledge to be able to make an assessment early on what the season is going to be, and adjust the take accordingly. I think that is the responsibility of the Town Board. It has been for a long time. It should continue to stay there. It shouldn't take and give up that responsibility to someone who may have interests other than interest of everyone in the town, as you heard already tonight. Also, as Don Dzenkoski said, you know the people are going to go scalloping every year, whether they have to go two in a boat, or four in a boat, or ten in a boat, if they got legitimate permits, and they are out there taking scallops. I like the idea without a permit you can't scallop. I think that makes sense, but if you are doubling the amount of traffic into that area does that require an environmental impact statement for you to go through before you do. I mean you are literally doubling the traffic in an area by your own admission is environmentally sensitive. It is closed on the north end of Hallock's Bay in one area particular. Are you going to suddenly let the double amount of traffic in there without doing some kind of environmental impact? I just think it is the wrong thing to do. You set the standards. You need to make sure the people live up to them. If that is the issue, work on the pg 6 - PH enforcement side, but don't change the regulations if you know the regulations can't be enforced, SUPERVISOR COCHRAN: Thank you, sir. Anyone like to address? Henry? HENRY SMITH: The commercial season opens up the same day as the season is for non-commercial, but the non-commercial we have two weeks before the commercial guys come in. This is so the townspeople can get their scallops, but the commercial season opens up the same time out in State waters, which we have no control over. That is the State regulation waters out there. We are just holding back for two weeks the commercial guys out of our Town waters, so the local people can go in, get their scallops, put them in the freezer, and enioy the resource. You know, it is a great recreational thing to go scalloping. We are just trying to preserve it for everybody. That's all. A bushel is plenty. Then they start selling them, and things like that, and it is supposed to be just for home use. That is what we are trying to preserve. Thank you. SUPERVISOR COCHRAN: Thank you, Henry. Sir? BEN ANDRUSKI: My name is Ben Andruski. As far as a commercial man is concerned, it was a commercial man who wanted this ruling of two weeks without commercial people in Halleck's. The commercial man was willing to give up two weeks of scalloping so the Town could have Halleck's to themselves. As far as the commercial man, what they are doing right now is scallops, or trying to, cut down to five bushels instead of ten. Through the State, it has nothing to do with the town. As far as an environmental impact on the north side of Halleck's, those wetlands, I myself have a wetland permit, which was issued by the State of New York. That is up to the individual. That is his responsibility to have his own permit, not the Town of Southold. Thank you. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? Ken7 KEN POLYWODA: I just would like to recap. Yes, I am commercial man, and I have every right to go in there with as many people as I can bring as long as they have a permit (Unintelligible). I bring in four people I can bring in four bushel of scallops. That is not ethical, and mainly it is not right. It is not what this present is recommending. One bushel per person. Enjoy their meal at home, and keep it at that, and not overuse the resources. SUPERVISOR COCHRAN: Thank you (tape change) BRUCE MCDONALD: The issue then is changed from the enforcement side to overusing the resource. It seems to me is if what we are saying is if the non-commercial people take the shellfish then there is none for the commercial guy, but really what we are saying is, if we limit it we are still going to deplete the resource, because there is no limit on the commercial side, because then they are just going to go in and clean it out. So, is the issue, who is going to clean it out? There is no sense. The bottom line keep the regulation the way it is. If there is a need to change it, change it on exception cases just the way you are doing it tonight. pg 7 - PH SUPERVISOR COCHRAN: Okay, I can state my position on this. Betty, our Town Clerk..I would just like to say that our Town Clerk has already given out a thousand permits, more than a thousand permits for scalloping. Okay? In that when they come in and get their license they get an informational sheet, and this informational sheet states the amount that they are allowed to take. It is going to be difficult. Henry, I wish the Trustee had brought this to the Town Board earlier, because it is difficult to now change what they think they are able to get to notify a thousand people that what your sheet says is not the way it is going to be. I would like to see it go back to Code Committee. I would see with the Bay Constables, and your baymen, your commercial people, everybody get together and straighten this out. I know you are disappointed, because you proposed this last year, and we had people that came into the hearing enough to change the Town Board's mind, and leave it as it was. I think it needs some looking at. I wasn't going to say tweaking. That is not my word. I think it needs some looking at, and so I would propose that it is left the way it is this year, but start immediately and see what we can do for next year, and if there is a better way we will certainly look at it, and I have difficulty with giving up with the authority of the Town Board to another agency in relation to setting the limits. I think it is the Town Board's responsibility. HENRY SMITH: I think that really it is the Town Board's authority to do, but the Trustees are elected to look after the Town land's underwater for the people. That is our job. SUPERVISOR COCHRAN: It is our job to legislate. There is a difference of opinion. Is there anyone else who would like to make a statement? (No response.) I will declare the hearing closed. Elizabeth ^. Neville Southold Town Clerk GIVEN that there has been present- ed to the 'town Board of the Town of Soathold, Suffolk County, New York, on the 31st day of August, 1999, a LocM {.~w untitiAd, "A Local iA Relation to thc Non- Commerclld Scallop Season". NO31CE IS FUll,HER GIVEN that ~e Town Boa~l of the Towu of 'on the aforesaid Local Law at the Southold Towu Hall, 53095 Main Road, Soutbold, New York, and hereby sets 8:07 p.m., Tuesday, Septembe~ {.4, 1999 as tbc time and place for a public hearing on this Local Law, which reads as follows: LOCAL LAW NO. __ 1999 A Local Law in Re]atiun to Nun- Commercial Scallop Season BE IT ENACTED by the Town Board of Somhold as follows: Section 77-204 (B) Commercial Scallop Season B. The Trustees of thc Twun Southold shall establish, by tlnn the dai~y amount of , ]*cd to be tekcn from · 'by hand or with a sr~ ~ ~y an iAdividuai or per ~, the non-commercial ~ · {{~)u!,iAg thg non tot-- ' ~ il're, osa~on, Bet met,,, tt~_: N!~2) hr, robot 8f ~enliA~u may tions. {1. Seve~'abilffy. If any section or subscetior,, paragraph, clause, phrase or provision of this law shall be judged invalid or held un- potent jurisdiction, any judgement made thereby shall nc~ affect the validity of this law as a whole or any provision mo adjudged to be invalid Iii. This Local Law shall take effect immediately upon filling with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk for any interested Dated: August 31, 1999 BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD. SOUTHOLD, NEW YORK. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1833-1TS9 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~J ~ 0/x ~-. ~ I ( I ~ S of Mattituck. in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, In the Town of Southold. County of Suffolk and State of New York. and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for I weeks .successively, commencing ,on the C[ 4a.x day Principal Clerk Sworn to befo~ me this day of LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC 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 August 1999, a Local Law entitled, "A Local in Relation to the Non-Commercial Scallop Season" 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, 53095 Main Road, Southold, New York, and hereby sets 8:07 P.M, i, I Tuesday, September 14, 1999 as the time and place for a public hearing on I this Local Law, which reads as follows: LOCAL LAW NO. 1999 A Local Law in Relation to Non-Commercial Scallop Season BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 77-204 (B) Non-Commercial Scallop Season B. The Trustees of the Town of Southold shall establish, by resolution, the daily amount of scallops permitted to be taken from town waters by hand or with a scalp net either' by an individual or per boat during the' non-commercial scallop season. _B_--Du~Lng-the- no.~-~m..m~r~-~l--scallo~-seasonT-not-mor~-~daar~-- _one=J~al£_(-[/2.~L-bushel-of--~.~Llops may be taken-~r~m--towr~ ..... * Underline represents additions. Strikethrough represents deletions. II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgement made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during regular business hours. BY ORDER OR THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: August 31, 1999. ELIZABETH A. NEVILLE $OUTHOLD TOWN CLERK PLEASE PUBLISH ON SEPTEMBER 9. 1999 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Chief of Police Town Attorney Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 7th day of September 1999 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Notice of Public Hearing on Local Law in Relation to the Non-Commerical Scallop Season. 8:07 P.M., Tuesday. September lq, 1999. Elizabeth A. Neville Southold Town Clerk Sworn to before me this 7th .day of September, 1999.