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HomeMy WebLinkAboutScallop Season 1998Motion ~ ResoJution - O[fered by ........................................... Seconded by ........................................... Roll-Call For Adoption Councilman Murphy Councilman Romanelli Councilman Moore Justice Evans Councilwoman Hussie Supervisor Cochran TOTAL Yes No Absent Abstain Resolution declared Adopte -~ 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 15th day of September 1998, a Local Law entitled, "A Local Law in Relation to Non-Com- mercial Scallop Season". NOTICE IS FURTHER GIVEN that the Town Board of thc Town of Southold will hold a public bearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 29th day of Sep- tember, 1998, at 5:10 P.M. as the time and place for a public hearing on this Local Law, which reads as follows: LOCAL LAW NO. -1998 A Local Law in R~tion to Non-Commercial Scallop Sea- son BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 77-204 (B) Non-Com- mercial Scallop Season B. The Trustees of the Town of Southdld shall establish, by resolution, the daily amount of scalloos oermRted to be taken from town waters by hand or with a scalp net either by an in- dividual or per boat durin~ the non-commercial scallop season. B. During tho non commer cial scallop coason, not more than one half (1/2) bushel of :callopz may be takon from town wator: in any OhO (1) day by hand or with a ~calp net. H. This local law shall take effect upon filing with the Sec- retary of State *Underline represents addi- tions Strikethrough represents dele- tions. Copies of this local law are available in the Office of the Town Clerk to any interested ~ersons during regular business ours. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: September 21, 1998 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1 X-9/24/98 (298) COUNTY OF ...~FFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for / ........................................................................ weeks successively, comrr~ncing on the ....~.Z......'f. ...... day of~......~.~... ,19.~?. Sworn to before/ge this ....'.Z....,~.......... ....... day of 19f..0~.. Notary Public BARBARA k SCHNEIDER NOTARY PUBUC, State of New Yolk No. 4806846 Qualified in Suffolk Couqty t PUBLIC HEARING SOUTHOLD TOWN BOARD SEPTEMBER 29, 1998 5:10 P.M. ON A PROPOSED "LOCAL LAW IN RELATION TO 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: Our third hearing scheduled for 5:10 is a Local Law in Relation to Non-Commercial Scallop". That will be read by Louisa Evans. JUSTICE EVANS: "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 15th day of September, 1998, a Local Law entitled "A Local Law in Relation to 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, on the 29th day of September, 1998, at 5:10 P.M. as the time and place for a public hearing on this Local Law, which reads as follows: 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. During thc non-commercial scallop season, not more th~n one-half (1/2) bushel of scallops may be taken from town water~- in any one (1) day by hand or with a scalp net. II. This local law shall take effect upon filing with the Secretary of State. Underline represents additions Strikethrough represents deletions pg ? - PH 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: September 21, 1998. Elizabeth A. Neville, Southold Clerk." There is an affidavit that it was published in the Traveler-Watchman, and that it was posted on the Town Clerk's Bulletin Board, and there is no correspondence. SUPERVISOR COCHRAN: Anyone like to address the Town Board in relation to non-commercial scallop season? Mr. Hellnski? ZIGMUND HELINSKI: Zigmund Helinski, Tuckers Lane, Southold. Do I understand what the young lady just read that the law actually hasn't changed as far as the amount of scallops, or the time, the two week limit? JUSTICE EVANS: It allows the Trustee to set the amount of scallops that you may take by resolution previously set in the local law. ZIGMUND HELINSKI: It hasn't been set yet then? COUNCILMAN ROMANELLI: The Trustees have a meeting tonight, and they are the ones that set the limit. SUPERVISOR COCHRAN: May I have Greg answer? TOWN ATTORNEY YAKABOSKI: Mr. Helinski, I believe what the resolution is going to read tonight is still allowing in a non-commercial season per person on a daily limit a half-bushel, but what change they are going to make is that per boat it is going a bushel. So no matter how many people you have on the boat is one bushel a navigator. I believe that is what is going to be on the agenda. ZIGMUND HELINSKI: They still have a two week limit, right? COUNCILMAN ROMANELLI: The season itself has not changed. TOWN ATTORNEY YAKABOSKI: I believe that already has been set. ZICMUND HELINSKI: Thank you. BOB GESSNER: Good evening. Bob Gessner from East Marion. I would like to speak in opposition to this for two reasons, one of which is that in my opinion what this is going to do is to drastically increase boat traffic. Also, the fact the resolution passed this evening by the Board of Trustee who limited people actively scalloping in any one boat. I understand that. I believe that in the past it has been. That is what I have been led to believe. On the opposition, number one for traffic, and also, number two, you can restrict some of our citizens, myself included, who do not own boats to where you are scalloping in different areas here in Southold Town. I have two kids going to college. I can't afford to have a boat right now. I am very lucky. I have some neighbors who I can go with. If I go with the neighbors, and get a bushel and a half of scallops. I am definitely in opposition of this. pg 3 - PH BRUCE MCDONALD: My name is Bruce McDonald. I would like to question the Board. Can you explain to me what prompted all of this? COUNCILMAN ROMANELLI: I think what it boils down to was that they were finding, you know, if you have six or seven people on a boat, if that many, and if you were counting each person, if they were scalloping or not is taking their half bushel. They really get into limiting the amount that is going to be taken out of the water on the first day. Just to guess, too, now instead of having twenty boats out there you are going to have forty boats out there. COUNCILWOMAN HUSSIE: Essentially what this law is doing is taking the control of the number of scallops taken from this Board, and giving it to the Trustee. We felt that they are more on top of the situation than we could possibly be, since they are out there all the time, so that is the action. We are not setting the limits on time, place, number or anything. We are giving that to the Trustees. SUPERVISOR COCHRAN: I think in part, also, we have a limited supply still in the Town of Southold, and although we are growing little seeds every day, and it looks like next year's crop might be even a little better than this year's, it gives the Trustees the ability to be flexible in setting the amount to be taken. We have two ways to go. We can just go in and clean them out immediately, or we can try to develop our resource to a better position than it is presently. So, they will have control if this passes, and it gives them the flexibility to set as they see the resource. Yet I can appreciate your position. JUSTICE EVANS: Express your position to the Trustees, because they are the ones, if we pass this, will be setting the limits. We are through this giving them the abiHty to set the limits rather than having to go through a whole local law process. BOB GESSNER: Who has control over the Trustees? SUPERVISOR COCHRAN: They are elected, also. This is a control to allow a fair way for many people to get some of the scalloping. From what we understand from the Trustees you would have a boat out there with maybe a man and his wife, and six kids. Well, six and two is eight. That allowed him to take four bushels, and they feel this is a fairer distribution of the resource. BRUCE MCDONALD: I don't think it has anything to do with preserving the resource. They are either legal, or they not legal in size. It is not a question of..I think to begin with your allowing that same family that you just mentioned of two adults, and four children to walk into Hallock's, and take the full limit, three bushels. Yet, if you put them on a boat, they can't? SUPERVISOR COCHRAN: That's true. pg L~ - PH BRUCE MCDONALD: There just doesn't seem to be a rationale for that, and I think you are really being against the boat owner versus someone that doesn't have boat, and I just don't think you can hold any logic to allowing someone to make those changes willy nilly, and that is really what it comes down to. It is up to the Trustees to do whatever they want to do, and I have a feeling, a gut feeling, that this is really to make sure that there is what is considered an adequate supply for the commercial season. SUPERVISOR COCHRAN: I wouldn't like to think that that is the reason. BRUCE MCDONALD: I believe it is. There has been a lot of discussion about it. There has been a lot of discussion with the Trustees about it, and I don't think there is anybody that has been involved in it could deny that it really is a subterfuge to make sure that there is an adequate supply for the commercial license holders, and I don't think that is reasonable. COUNCILWOMAN HUSSIE: So, your argument is against us giving them the authority. BRUCE MCDONALD: Absolutely. I think you set a limit, and it is a limit that is fair and equitable across the town. It doesn't matter if you walk in or you have a boat. You have to limit on it. You got to llve to it, and that is the way it should be. It shouldn't be changed on a yearly basis because, you know to tell you the truth, you look at the composition of the Trustees, and you wonder this is askew, and you don't need much imagination to figure out the way it's askewed, and that is not fair to the residents of this town, and the voters of this town, that put you in charge of this, and regulating how much is taken, not the Trustees. We didn't vote the Trustees in to regulate how many scallops are taken during the scallop season. COUNCILMAN ROMANELLI: You made a point about the commercial guys. You know the commercial guys all become private residents the opening day. BRUCE MCDONALD: Sure, they go out and get their half bushel on opening day. COUNCILMAN ROMANELLI. That's right. They put down their commercial license for the day, and become a resident just like you or I. That is not changing their take either. I mean, they are actually prolonging their season because they are going out as private residents. BRUCE MCDONALD: But if you take less than the two week residential season, when the commercial season is open that means there is more for the commercial people, and after that opens it is useless for the residents because once the dredges are in there you can't do anything by hand anyway, so really you are restricted to two weeks, and that is all there is in this town for the residents is two weeks of scalloping. You are able to get your limits on the daily basis the way it is in the Town Code, and you shouldn't delegate that authority to a different board. I think it is your responsibility and you should stick with it. pg 5 - PH SUPERVISOR COCHRAN: Thank you. You have a good point. Anyone else like to speak to the Town Board in relation to this topic? JOHN DEREEDER: My name is John DeReeder. I am a resident of Mattituck. For nearly twenty years my family and I have made an annual pilgrimage to Hallock's Bay in good times and bad to see what is happening with the scallops. When they are there, as they have been the last few years, we have been getting our limit, and hopefully returning a couple more time for the season, for the short season that we have as residents. My feeling if we really want to preserve the resource in Hallock's Bay we should preserve the environment for the scallops, and restrict dredging entirely from within Hallock's Bay. The dredging just tears up the bottom, rips out the eel grass, and it becomes a desert very quickly, and I would think if you were interested in holding on to what we have in Hallock's Bay, let's keep the dredges out. In former good times in scalloping there were plenty of scallops in Hallock's Bay, and various places, or Cedar Beach, and Orient Harbor, and at that time there was a viable commercial scallop resource. I believe that as long as it is only in Hallock's Bay it is not a viable commercial scallop resource, and we are sort of fooling ourselves to take what little resource there is, then try and let the commercial people have it all to themselves after a two week shot with the residents. This will provide a hardship to me and other people, who go out with the whole family. I take my kids out of school. My dad, who is in his seventies comes out. My cousin usually comes along. It is a very important family outing for us for many years. My feeling here is that by making this a two step process giving the jurisdiction to the Trustees, and letting them do this later tonight without any notice for exactly how this has been structured. It is really a disservice to many of the people in the town who consider scallop season an important lifestyle. SUPERVISOR COCHRAN: It is. Is there anyone else who would like to address the Town Board? Al is the President of the Trustee. Have you been here through the whole hearing? AL KRUPSKI: No. I don't know what was said earlier. The purpose of restricting the recreational season to one bushel per boat, and still a half bushel a person. I think it mirrors the commercial season where it is five bushel per person, ten bushel per boat, and the reason is not to hurt the commercial people or the recreational people, it is really to preserve the two week recreational season as that, as a recreational season. We have heard complaints for years, ever since the brown tide, and the scallop resources precluded this in Orient. We have heard complaints for years. These people are taking boatloads of people in, and they are getting quite a few scallops to sell. So it doesn't become a recreational season. It becomes sort of a commercial season in that two weeks. It has been an ongoing problem. It is not just last year that it happened. Our intention Js to keep it strictly a recreational season where for two weeks you can go in, and get, you know if you get a bushel of scallops it is quite a few scallops, you know if you are going to eat them. That is our intent to keep it a non-commercial season for two weeks. Really try to enforce that so that people don't take advantage of it. As far as, you know, people in boats or out of boats, I think that is a function of how deep the scallops are in the water, and, again, we are discussing such a small resource. When there were scallops in every creek in town from Cutchogue to Orient, pg 6 - PH Jt wasnlt ar~ issue. So, that is our intent to preserve a recreation season, and not make it into a commercial season so everything is gone in a few days. SUPERVISOR COCHRAN: Thank you, Al. JOHN DEREEDER: Are there commercial people taking out of Hallock's Bay and selling them? AL KRUPSKI: That is what we heard. JOHN DEREEDER: Isn't that illegal right now? AL KRUPSKI: No. Once the season opens, during that recreational season most of the people are taking.. JOHN DEREEDER: I don't understand the law perhaps. My understanding commercial people can't take scallops out of Hallock's Bay during the recreational season. AL KRUPSKI: They can. They can only get a half bushel. JOHN DEREEDER: So, they sell their half bushel, and that is the problem? They are selling boat loads of scallops? Is that legal currently, selling them? AL KRUPSKI: They could sell them. JOHN DEREEDER: They couldn't sell somebody else's who is in the boat? Right? AL KRUPSKI: That is what we heard. BRUCE MCDONALD: If that is not legal let's enforce that, rather than change what we have. AL KRUPSKI: So, if you take out five people in a boat you get two and a half bushel. They are being sold, is that what you are asking? BRUCE MCDONALD: They can't do that, can they? AL KRUPSKI: I don't know. Who is stopping them? SUPERVISOR COCHRAN: Why can't they? They are there as a private individual for that two week period. They are allowed a half a bushel per person. You put six people in the boat, you can go home with three bushels, open them up in your back shop, and sell them to your friends and neighbors tomorrow. There is no control on that. BRUCE MCDONALD: There is control. SUPERVISOR COCHRAN: In what way? As private individuals I am saying. pg 7 - PH BRUCE MCDONALD: A buyer of scallops can only buy from a commercial licensed person. SUPERVISOR COCHRAN: Right. BRUCE MCDONALD: They can only buy from a commercial person that has an opening license, if they are open. The enforcement issue is no different than the striped bass issue or the lobster issue. It is an enforcement issue. If somebody is illegally selling scallops they only have a half bushel that they can take a day. If they bring in three bushels to Braun, and sell three bushels to Braun, guess what? That is illegal. SUPERVISOR COCHRAN: I know that. BRUCE MCDONALD: That has to be enforced. SUPERVISOR COCHRAN: That could be enforced. BRUCE MCDONALD: What you are doing is you are suggesting you can promulgate another regulation that may not be enforced either. Enforce the ones you have, deal with that issue, and don't change the regulations because you can't enforce, or you pick not to enforce, the regulations in effect today. While enforcing you won't have that problem. That is your responsibility. SUPERVISOR COCHRAN: You still could have, if that same fellow took his harvest to Brauns, you have a way of tracking and enforcing. A lot of the people that go out on the bay and get scallops don't sell them through an established fish market. BRUCE MCDONALD: Who do they sell them to? SUPERVISOR COCHRAN: Friends, neighbors. BRUCE MCDONALD: You mean you sell them on the side of the road? Is that legal? It's an enforcement issue. SUPERVISOR COCHRAN: You are being ridiculous. Not on the side of the road. BRUCE MCDONALD: Give me an example, please. SUPERVISOR COCHRAN: weeks. I can buy scallops from somebody the first two BRUCE MCDONALD: What do you mean somebody? SUPERVISOR COCHRAN: Just somebody that goes out and gets a boatload, because he has five people in. BRUCE MCDONALD: A private citizen will advertise in the Suffolk Times? SUPERVISOR COCHRAN: No. That's enough. Please finish what you would like to say. pg 8 - PH BRUCE MCDONALD: What I am saying is it sounds to me like you are skirting the issue. The ~ssue is ~f there are people that are out selling scallops. They are in the residential harvest, then that is an issue that ought to be enforced. Don't change the regulations, and make more than are going to be enforced. Enforce what you have, and you won't have that problem. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Board? Is there anyone else who would like to address the Board in relation to scallops this fall? (No response.) If not, I will close the hearing. Elizabeth A. ~~ Southold Town Clerk LEGAL NOTICE NOTICE OF!PUBLIC .HEARING ON LOCAL IJ~W 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 15th day of September 1998, a Local. Law entitled, "A Local Law in Relation to 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, on the 29th day of September, 1998, at 5:10 P.M. as the time and place for a public hearing on this Local Law, which reads as follows: LOCAL LAW NO. - 1998 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 S&a'son 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. --or~--haLf--(-l-/2) bu~he~-e~-se~::~ps-may~do~,-taken fi o.. towrr .... --~at~r-~-L~-a~y-ane ~4-)-day--by-hae~d--or~-wi~ckr-a--scatp- i~e~..- ..... II. This local law shall take effect upon filing with the Secretary of State *Underline represents additions Strlkethrough represents deletions. 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: September 21, 1998 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON SEPTEMBER 2~, 1998, 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 Traveler Watchman Town Board Members Town Attorney Town Trustees 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 21st day of September 1998 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. "Legal Notice - Notice of Public Hearing on Local Law In Relation to Non-Commercial Scallop Season" 5:10 P.M., Tuesday, September 29, 1998. lizab~eth A. N~&ville - Southold Town Clerk Sworn to before me this 21st day of September , 1998. ~ Notary~Public I_INI~A J, T~ ~ 0~ 31. ~ ~ . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-182:] Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON SEPTEMBER 15. 1998: WHEREAS, there was presented to the Town Board of the Town of Southold, on the 15th day of September 1998, "A Local Law in Relation to Non-Commercial Scallop Season", now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets 5:10 P.M., Tuesday, September 29, 1998, at the Southold Town Hall, 53095 Main Road, Southold, New York as the time and p~ace for a public hearing on this Local Law. which reads as foUows: LOCAL LAW NO. 1998 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---OurLng-t, he-non---r, ommer i c a I _o ne - hal£-~C[/-2~-bu~n~l-of--r~c~LIo~_~ ma~-Iae-takan-~:om--t ew.~ ..... -t~t~c-s- J.n- a .~. ¥ ~p~ -(-1-)- -day - la-y- Jlarad - o I=- w~tla -a - s~a LI~ -nat ~ II, This local law shall take effect upon filing with the Secretary of State *Underline represents additions Strikethrough represents deletions. Southold Town Clerk September 15. 1998