Loading...
HomeMy WebLinkAboutLL 2007 #22 ."" .. STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 l ., -r---,-r \ , .. ELIOT SPITZER GOVERNOR LORRAINE A. CORTES-vAzQUEZ \ SECRETARY OF STATE " , \ January 23, 2008 RECEIVED Lynda M Bohn Deputy Town Clerk Town Hall 53095 Main Road PO Box 1179 Southold NY 11971 JAN 2 8 2008 Southold Town Clerk RE: Town of Southold, Local Law No. 22 thru 25, 2007, filed on December 28,2007 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated, Additional local law filing forms can be obtained from our website, www.dos.state.nv.us/corp/misc. htmL Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US . E-MAIL: INFO@DOS.STATE.NY.US -,-"7 - FecEx. US Airbi/l Express "dE< 8619 '''''''0 N,rnb<< 6235 7611 From _pffl,.ndpro"~"~' l':l. "n OJ Sender's FedEx Q_ate ~_eLc _ _~wunt~Ill~~ 1067-7029-8 Sender's EL I:Z (,B'ETH NEV I LLE Nam~__ __________ 16311765-1800 Phon~_ ________ TO('Ji'..\ OF SOUTHOLD Company .______ _____ 5309~) AddfE!~ ___ ROUTE ..-,0 r.:...,) ----.. o.ptft'\oQriSuil8lAoom SOUTHOLD 9tL- 2 Your Internal Billing Reference ftrsI24ct...-.ctets....ppe.."""""". NY 11971-4642 _.-~,-_._~-------- 3 To Recipient's Name '.\"\rlc- \ Q<;c.h \.Je.pA~P.M:\- n ~~~~::" 1.1 \ StY-\-Y 'StYei"+- ::~:,:'''~~:':'~~nvr1s 1 I_Ytw ~l!yecu) To,.qU.otIP.<u~b.nol<l'I.,p.C~ieF.dbloO'Ii.n.PMnlFodE.o.d"."'l.r. St",N~ ZIP \ Com,,", ~ S Phone I .t- Stme.... O.pUfuorIS.itoIAoorn crty A\ \o~ \~~\ 0359685758 .\ ':;c>r4::~/~1~-,;~ ;~>'~;-;~'-rit-~,"':'~~ - N~;r'1.j(i.~-ki_ ,)*,,4iJky;.~,}tL,-'~: "'''lI''''_''i(i.!"'''~' ... I " ~ ' -v' ' , "' _" ~ l{ " . . . .. Sl'...... , , ~. , _L "' A__ 4a Express Package Service ~dExPriorityOvernight 'il. FedExStandardOvernight i~N~';'bu","...morfM"lI'F<;illl'f I N."'b<Join....~. sl>1pm.""wiII00 dol"",.donMor>tl.y SIIWr..yO.Irvo", NOT..,ri.bl. u[li...SATUROAYOel"",,,,,,,,,,I.,,,,,d PaclutgBsupID15Dlbs. FedExFirst Ovemight E.rIi."n.ot~,""m"-.g dolr.o<ylo",lKtlocotior>..' SOlllrOlI'fl)oj"",,,NOT..,il.bl. il ilFedExExpressSaver jThi.--dbtJ.......doy.. L...,lIlloffi.vO...."'NOT.....bI. , FedEx20ay S"ond btJ...... o'v_' Toursdll'f , <h,p"""",willbeo.livor.oonMor<l'j ""1...SAlUROII.VO...o",,.,...01.d ,_ F.dExEnveloporotenot,....bl..Minimumco'fijoclJn.._"""..- -~ .T._~ PackagesOVfH"J5DIbs. [j ~~~r!~ight SanJrclovO.M>", NOT ",..I.bl. 4b Express Freight Service 11 ~~~J2.al,;!.e~J~ -shipmontllwillbed....red""Mondll'f "nlo..SATUROAYOolr.o<yi.....<:md . c,,"ftwCoo-mnnolion' _-, FedEx2DayFre19ht LJ ~=us;'.:~~;',",~>d~.y .......SATUROAYOolMiry'.soIBelod -10___ ~ !)ckaging llJ'~~~Ex Envelope" DOther o ~~~~~~P'l. U FedEx FedExllnj.P.l.or>dFodExSllor<tyPo~ Box FedEx Tube 'Ooolaroclvol..IOrTvtSSOO. o 6 Special Handling Include Fedh Idd,.~. in Sootion 3 O SAlURDAYDeIivel'y 0 HOLDWeekdllY 0 HOLD$atlJrday _ NOTAvailablefof I atFedExlocatioo i atFedExlocatlon FodbStoncllrOOverni'lill. NOT Available lor Available ONLY lot ~;,;.';;"~~~E<llr." F8dE>.F<>IlMlmight ~~==::.... 0- this shipm80ll contaill......-....1 ____ oft.~o.m.,'b.cn.ck.d, --- ----- ~ D :(:1:"81lIcI>od _ D ~'lI.d.ro\ion Shi~.Oocl","""'_ nOl~ OIM'lQl"","QC>OdoI",,~dryio.lc'rmIbolhppedinFodExI*Uging. D &vrrC~c:UNl8t5_._~ o Cargo Aircraft Only B~EoMtfedExAcCl.""'tlfCnol~c.nI""'lIelow.~ o Recipient 0 ThirdPBrty 0 Credit Card 0 Cash/Check FoolE<.I.octNIl Exp CroodilC.nHlo 0... T"'_ T,,"_ TotaIDecI8nIlIV8Iuet $ .00 t~.~:r~c~~''::'~""=",,~:~~~.~:~~~.;"'':='''" 8 Residential Delivery Signature Options Kyoo~.I~.,ctwekOil.Cl"lnditoct NoSi.!lnature O Required P.o~moyOoHllt ~obloinil1Q' sigI'Il1\Orolorde!iw"l OirectSignature D :~=- . -".Feo"l'P"" lndirectSianature Ow""_........... . roeipienl'.~__ fIl.""","borinQ_moy o91ftwd""'"'vFHappI;e, 15191 ~... D... lIllOO-P.~/l'>!lJ9-:l1__1II06 F..Ex-PRINTEO IN U.S.A.'S~F ...Jt. 1t.")..IO.... [L... L ~ ~ , ~ > Z g ::: ~ > i ~ z ;;; ~ g ~ ~ ::: g ::: ~ ;; Z ~ ~ g ~ ~ m ~ > ~ > > ::: z g ~ g ~ ~ ~ ~ ~ g I ~ . . SOUTH OLD TOWN BOARD PUBLIC HEARING December 4, 2007 7:45 PM COUNCILMAN WICKHAM: I move first that we close the August 14, 2007 public hearing prior to open up tonight's hearing on the shellfish code. (This resolution was duly passed.) NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 7th day of November, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" AND NOTICE IS HEREBY 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 4th day of December, 2007 at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of South old. II. Chapter 219 of the Code of the Town of South old is hereby amended as follows: ARTICLE I CateHiRg of SHrimp [.\dopted by 629 1933] General Provisions ~219 I. TalciRg of sHrimp by nonresidents proHibited. It SHall be HRlawfHl for aRY person not a resident of tHe TowR of SoutH old to take sHrimp from tHe waters of RrusH's Creek, Willes Creek, Downs Creek, James Creek, West Creek, Riellmond's Creek, Corey's Crede, Cedar ReaeH Creek, Ceese Creek, Joekey Creek, TeY/R Creek, Mill Creek, Long Creek, RlIdd's PORd, Dam PORd, Mattitllek Creek, GoldsmitH's Creek, SqHash Creek, 'Niekflam's Creek and Little Creek, er otHer ereeks or inland waters witHin the bOllnds of said TewRship. Shellfish Amendments. December 4, 2007 . 2 9219-~ 1. Residence requirements. Persons shall be deemed to be residents of the Town of South old at any given date, within the meaning of this lIfticle Chapter, when they shall have actually and continuously resided within the said Town for a period of at least six (6) months sixty (60) days immediately preceding such date. 9219-~ ~. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. ~219 1. Penalties fur effenses. Any yielation of this artie1e shall be sHbject to a penalty efnet less than $5 nor mere than $100 ane eests. ARTICLE II Taking of Shellfish and Eels [,^.eeptee by 623 1966] 9219-~ ;2. Title. This lIfticle Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of South old." 9219-11. Definitions. For the purposes of this lIfticle Chapter, the terms used herein are defined as follows: AOUACULTURE/MARICULTURE - The cultivation, planting, containment or harvesting of products that naturally are produced in the marine environment. including fish. shellfish. crustaceans and seaweed, and the installation of cribs, racks and in-water structures for cultivating such products. but excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. BOA T/VESSEL - Anv floating obiect capable of carrying people as a means of transportation in water. including without limitation an airplane capable oflanding on water. any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion. which obiect can be moored independently or can be secured bv any means to a piling, dock. bulkhead, groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters, which is commonly traversed bv boat/vessel and is designated bv channel markers. including man-made or stabilized waterways designed for the navigation of boats/vessels. For the purpose of this Chapter. boat basins and bathing areas are included within this definition. Shellfish Amendments. December 4, 2007 CHURNING - The remoyal of shellfish from lands below ayerage low water by utilizing a propwash from a skip-mounted outboard motor. . 3 COMMERCIAL PURPOSES - /\ay use or purpose otHer tHan for food consumptioa by the persons taking tHe sHellfish or by members of slieH persEJR'S HouseHold. Taking, containment or harvesting of shellfish or other marine resources to sell to a third party. CONTAINMENT - The placement and possession of shellfish in a basket, tub, bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationarv position, including without limitation pots, moorings, long line, hand line, weir nets, gillnets and traps. GUEST - A person who temporarily occupies liying quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by yirtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish ifno permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles aOO, conchs, channeled whelk and knobbed whelk. TAKING - The remoyal or harvesting of shellfish and other marine resources by any means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPOR;\RY RESIDENT "\ person WHO has oceupied liviag qaarters ',.,.itHin tHe Tovm efSoutHolEl dmiag the period of not less thaa se'/ea days immediately precediag Shellfish Amendments. December 4, 2007 the date of his application for a permit hereunder. . 4 TOWN Wil. TERS }JI waters and lands under tidewater in any harbor, bay or ereek, title to whiell and the right of fislling in wllich is vested in the Town of Southold and/or in the Board of Trustees of the Town of South old. TOWN WATERS - All the waters lying over Patent Lands. ARTICLE II Shellfish 9219-& 2. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of South old. (1) Persons A;!ges 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license ana will be at half the cost of a commercial license. The parents or guardian of the applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- tmHporary resident upon first obtaining a non- temporary resident shellfish permit tlleref{)[ from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit tllerefor from the Town Clerk of the Town of South old. Such a permit shall be required for all persons ages 10 and older. Persons under the age of 10 may take shellfish only when accompanied by a valid permit-holder. and any shellfish taken by such child shall count toward the maximum daily quantity allowed in this Chapter for such permit-holder. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this artiele Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this artiele Chapter for such permanent resident. E. No person Hot a permanent resident, a tmlpayer, a temporary resident or a gaest aeeompanied by a permanent resident shall take shellfish in any manner at any Shellfish Amendments. December 4, 2007 . 5 time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or ofless size than that, set forth in this Chapter, fflHnd abeard any boat or 'Iessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. G, ghellfish may be taken from Town waters for nOllcommeroial purposes by a permanent resident linder the age of 11 years wiHlOlit obtaining a permit therefur. [Added 77 1982 by L.L. No.5 1982] 9219-91. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time bv resolution of the Town Board. upon recommendation bv the Board of Trustees. $20. Effeoti'/e on aIld after Jaooary I, 1991, the fee fur a eommeroial shellfish permit shall be $35. Such permit shall expire on December 31 of the year of its Issuance. B. The fee for a non- teffijlorary resident shellfish permit shall be set from time to time bv resolution of the Town Board. upon recommendation bv the Board of Trustees. $1Q. glieh permit shall be issHed only for the period of time that sHoh temporary resident ooollflies li'/ing t[HllI1ers within the Tev.n of gOHthold. The non-resident permit shall expire on September 15 of the vear of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Effeetive on and after JanHary 1, 1991, the fee f-or sHch permit shall be-$5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him them on his their person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. 92l9-M ~. Scallops. A. The Trustees of the TO'Nn of SOHthold may establish, by reselHtion, the dates of the eommereial and nonoommeroial soallop season based on the en'iironmental and eoonomio oonditions in effect eaoh year. [.'\mended 96 1991 by L.L. No. 19 1991] Scallop season for residents and non-residents shall be set pursuant to New York State. as adopted bv Board of Trustee resolution. B. Subiect to the provisions of this section. during the first two weeks of Scallop season. harvesting in Town Waters shall be bv hand or with a scalp net onlv. During the first two weeks of Scallop season. harvesting in Town Waters shall be open to all permit holders. for the noncommercial limits set forth herein. Dliring Shellfish Amendments. December 4, 2007 the noncommercial scallop season, not more than 1/2 l'l1ishel of scallops may be taken from To'.Yn ',vaters in anyone day BY hand or with a scalp Ret. [.^.m.ended 7 7 19S2 by 1.1. No.5 1982; 9 6 1994 BY 1.1. Na. 19 1994] . 6 C. Except as set forth above, dI)uring the commercial scallop season, scallops may be taken from Town waters with a dredge ar serape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or serape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a temporary non-resident or a guest,-wheR accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day by anv one (]) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than two (2) bushels of scallops in one (]) day for noncommercial purposes. for ather thaR commercial pHflloses. [.^JRended 7 7 19S2 by 1.1. No.5 1982] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunnse. G. Scallops shall not be taken from Town waters on Sundays except BY hand ar v/ith a scalp not by uses of dredge or other power device. It Only scallops meaGmiRg more than 2 1/4 inches from the middle of tile hinge to tile middle aftlle Bill may be taken from TO'....R .,vaters except as provided Below. Ameflded I 21 1997 BY 1.1. No. 2 1997] H.-I. Scallops measuriRg less thaR 2 1/4 iRehes with aR aRRual growth line having an annual growth line and measuring not less than 2 ';." from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. 9219-++ 2. Clams. A. Hard clams less than one inch in thickness shall not be contained takeR from TowR waters and shall be subiect to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be Shellfish Amendments. December 4, 2007 . 7 contained taken from To'.vn ,::aters and shall be subject to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams frem Town waters in one day fer noncommercial purposes. E. Not mere than 2,000 hard clams may be taken frem Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. g219-H .u!. Oysters. A. Oysters shall not be taken frem Town waters during the period frem May 1 to August 31 in each year, both dates inclusive. and shall be subject to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period frem sunset to sunnse. C. Only oysters measuring more than three inches frem the hinge to the bill may be taken from Town waters. and shall be subject to the requirements of Section 219- 14A. D. A permanent resident. a taxpayer. a non-resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from Town Waters for noncommercial purposes in anyone (1) day by anyone (1) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (1) bushel of oysters frem Town Waters in one (1) day fer noncommercial purposes. The Trustees of the Town of SOHthold may establish, by resEllation, the limits Eln the namber Elf Elystem which may Be harvested fer cElmmercial pal"floses and noncommercial pHl"floses. ". permanent resident, a taxpayer, a temporary resident or giiest accompanied BY a resident may harvest oysters for nElncommereial pHl"flElses in the Elaantities set BY resellltion of the Trustees. [".mended 77 1982 BY L.L. NO.5 1982; 1 21 1997 BY L.L. No.1 1997] Bditor's Note: Fonner SaBseetion B, amended 7 31 1973, which immediately followed this saBseetioR and dealt "....ith the amount of oysters allowed to Be talcen frem Town waters for commereial pllrposes, was repealed I 21 1997 BY L.L. No. I 1997. E. Not more than two thousand (2.000) oysters may be contained or taken frem Shellfish Amendments. December 4, 2007 . 8 Town Waters for commercial purposes in anyone (l) day by anyone (I) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) oysters in one (l) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources S2 I 9-11:;. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Environmental Conservation regulations. Blue claw crabs measlIfing less than five inches frem \loin! to \loin! of the lfJl\ler shell shall not be taken frem the '.vatcrs of the Town 0fSoutilold. Bo A \lc_anen! residcnt, a tax\laycr, a tem\lorary resident or a guest acc0m\lanied by a permanent resideRt may not take more than 1/2 bushel of blue claw crabs from Town waters in any ORe day fur noncommercial PHfJloscs. [f.mcRded 7 7 In2 by L.L. No. 5 1982] C. Female blue claw crabs shall not be takeR fr-om the waters 0ftile Town of Southold. [f,mended 7 14 1987 by L.L. No. 12 1987] 1* Crab p0tS. No iRdividualmay sct more than one crab pot, aRd each crab p0t and buoy shall ha'le affixed theret0 the inEli'lidual's shellfish permit Rumber. [Added 7 H I 98713y L.L. No. 12 1987] s219-12 4. Mussels. A. A permanent resident, a taxpayer, a tem\lorary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain, in aggregate, not more than two bushels of mussels from Town Waters in one (l) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is furtherregulated by New York State. S219-U~. Eels. Shellfish Amendments. December 4, 2007 A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. . 9 B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Operational 9219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this ll!'ticle Chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. &219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of any channel svstem and the gear shall not impede navigation. 9219-121. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees afld properly staked and notices posted by said Board of Trustees. In addition, shellfish shall not be taken from the following habitat sanctuarv zone in Hallock Bav, North of the line formed bv the following coordinates (excluding Little Bav): from a westerly point at Lat 41 degrees 8 minutes 17.22 seconds N, Long 72 degrees 16 minutes 40.68 seconds W, for a distance 5.190 feet, S 81 degrees 10 minutes 8 seconds E, to an easterly point at Lat 41 degrees 8 minutes 24 seconds N, Long 72 degrees 15 minutes 33.81 seconds W. Such sanctuarv area, depicted on a mapped image, shall be made part of all permits issued pursuant to this Chapter. &219-17. Planting of Shellfish Seed. Notwithstanding anv other provision of this Chapter, the Board of Trustees mav approve an organization plan for planting shellfish seed in Town Waters and upon approvaL the Board of Trustees may then authorize the approved organization and other volunteers Shellfish Amendments. December 4, 2007 . 10 acting under its supervision to plant shellfish seed in accordance with the approved plan. ~219-18. Transplanting of shellfish. Notwithstanding any other provision of this aFtiele Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. ~219-19. Dredges and scrapes. Except as permitted by ~ 219-ji+OC of this aFtiele Chapter, the use of a dredge, serllfle, ell eel dredge, hvdraulic means or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters. Exee]'lt as ]'lermitted Ily S 219 10C of tJo1is artiele, tJo1e Hse of a dredge, serftjle, ell dredge or simillll' deviee towed by a boat operated Ily meea(lflieal power or otaer meaftS is ]'lroaibited iR TO'Nfl waters except by special permission of the Trustees for scientific study projects. ~219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of South old without prior written approval by the Board of Town Trustees of the Town of South old. &219-21. Aquaculture/Maraculture Exemption. The Board of Trustees mav grant an exemption or variance. in terms of permitted sizes. number and time periods of harvest, from the provisions of this Chapter for aquaculture/maraculture activities that are properlv permitted by the New York Department of Environmental Conservation. ~2l9-22+. Penalties for offenses. !.. !.fly perGOR eOHVieted of aft offeRse against afty ]'lrovisioR of tais artie1e Baan be deemed to aave eommittea a violatioR agaiRst suea artie!e IHld also saall be liable for aRY SHea offense or peRalty tJo1erefor. A.&- For every- each offense against any provision of this artiele Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days,-Bf bota suca fiRe frlld imprisoHffieRt. 11.G. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. saall eORstitHte frHd effeet aft immediate forfeitHre of a permit issHed to SHea ]'lemoR. No new permit shall be issued to such person for at least one year after such forfeiture. Shellfish Amendments. December 4, 2007 . 11 D. ,^.ny person committing an offense against this article shall be sabject to a ciyil penalty enforceable amI collectible by the Town for each such off-cnse. Such penalty shall be collectible by ami in the name of the Town. c.B. In addition to the above-provided penalties and punishment, the Town Board may also maintain commence an action or proceeding in the name ofthe Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this afli€le Chapter. &219-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions of this Chapter, and have the authoritv to issue violations of the provisions onhis Chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect on January 1,2008, after filing with the Secretary of State as provided by law. ASSISTANT TOWN ATTORNEY CORCORAN: I can tell you, if you like, the differences between this and what was heard in August, if that will help. You had a full hearing on the changes in August, since then the major salient changes is that there is a shellfish sanctuary area that is plotted out by coordinates in Hallocks Bay and that is an area where no shellfish are to be taken and then there was a less significant change in that we addressed an issue of the age of children who may take shellfish, I think it was determined that kids 10 and over should have a permit. People 10 and over should have a permit, so kids 10 and 11 can get a non-commercial permit. But, and kids younger than that can take shellfish but they have to be accompanied by somebody who has a permit and they count towards that permit holders daily total. SUPERVISOR RUSSELL: How many clams can a 10 year old take? ASSISTANT TOWN ATTORNEY CORCORAN: Well, I think the concern was that somebody would bring all their kids with them and then say, they get two bushels, they get two bushels, they get two bushels... SUPERVISOR RUSSELL: Fair enough. Fair enough. Shellfish Amendments. December 4, 2007 ASSISTANT TOWN ATTORNEY CORCORAN: So that was addressed, otherwise, the changes are all the same that were heard in August. . 12 SUPERVISOR RUSSELL: Good. I would like to have the fastest roll call vote in the history of South old Town govemment...oh, sorry. COUNCILMAN WICKHAM: It was duly noted in the newspaper and the Town Clerk's bulletin board. JIM KING: Jim King, Southold Town Trustee. This is another code that we are going to continue looking at to make changes to because there is a lot of aquaculture interest and I think we are going to have to start looking at that a little more seriously on what we are doing there. But on one of these changes, it was back from the 30's. There is a lot of old stuff in there and we are kind of trying to bring it up to date. DAVE BERGEN: Dave Bergen, Southold Town Trustee. We took away some things that we don't even have any jurisdiction over; shrimp and migratory... MR. KING: We will be continuing to review it. Thank you. SUPERVISOR RUSSELL: Okay, thank you, Jim. Anybody else like to address the Town Board on the shellfish code? (No response) Let's close the hearing. * * * * * f!i;.,..J,ilJ 0 Y),,{,)i -E~~. Neville Southold Town Clerk . . 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 II79 Southold, New York II971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 27,2007 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 22, 23, 24, 25 of 2007 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 22, 23, 24, 25 of 2007 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Bohn Southold Deputy Town Clerk Enclosures cc: Town Attorney . . NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET, ALBANY, NY 12231 (Use this form to liIe a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. COURt) ~ Town of ",Tillage SOUTHOLD LOCAL LAW NO. 22 of 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. II. Chapter 219 of the Code of the Town of South old is hereby amended as follows: ARTICLE I General Provisions 9219-1. Residence requirements. Persons shall be deemed to be residents of the Town of South old at any given date, within the meaning of this Chapter, when they shall have actually and continuously resided within the said Town for a period of at least sixty (60) days immediately preceding such date. 9219-2. Effect. No provision of this Chapter shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes, 9219-3. Title. This Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of Southold." 9219-4. Definitions. For the purposes of this Chapter, the terms used herein are defined as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.ll/99) 1 . . AQUACUL TUREIMARICUL TURE - The cultivation, planting, containment or harvesting of products that naturally are produced in the marine environment, including fish, shellfish, crustaceans and seaweed, and the installation of cribs, racks and in-water structures for cultivating such products, but excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. BOA T/VESSEL - Any floating object capable of carrying people as a means of transportation in water, including without limitation an airplane capable of landing on water, any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, which object can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters, which is commonly traversed by boat/vessel and is designated by channel markers, including man-made or stabilized waterways designed for the navigation of boats/vessels. For the purpose of this Chapter, boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water by utilizing a propwash from a vessel or skid-mounted outboard motor. COMMERCIAL PURPOSES - Taking, containment or harvesting of shellfish or other marine resources to sell to a third party. CONTAINMENT - The placement and possession of shellfish in a basket, tub, bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationary position, including without limitation pots, moorings, long line, hand line, weir nets, gillnets and traps. GUEST - A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by virtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of South old during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish if no permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles, conchs, channeled whelk and knobbed whelk. 2 . . TAKING - The removal or harvesting of shellfish and other marine resources by any means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of Southold. TOWN WATERS - All the waters lying over Patent Lands. 9219-5. Purpose. It is the purpose and intent of this article to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. ARTICLE II Shellfish 92 I 9-6. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (I) Persons ages 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The junior commercial shellfish license will be at half the cost of a commercial license. The parents or guardian of the applicant for a junior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- resident upon first obtaining a non-resident shellfish permit from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit from the Town Clerk of the Town of South old. Such a permit shall be required for all persons ages 10 and older. Persons under the age of 10 may take shellfish only when accompanied by a valid permit-holder, and any shellfish taken by such child shall count toward the maximum daily quantity allowed in this Chapter for such permit-holder. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this Chapter for such permanent resident. E. Except as set forth herein, no person shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, in the waters of the Town of South old, shall be deemed presumptive evidence ofa violation of this Chapter. 3 i219-7. ~ermit fee; expiration; di!Y. . A. The fee for a commercial shellfish permit shall be set from time to time by resolution ofthe Town Board, upon recommendation by the Board of Trustees. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non-resident shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. The non-resident permit shall expire on September IS of the year of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to them on their person while engaged in the permitted activities, and the failure of such holders to exhibit their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them. 9219-8. Scallops. A. Scallop season for residents and non-residents shall be set pursuant to New York State, as adopted by Board of Trustee resolution. B. Subject to the provisions of this section, during the first two weeks of Scallop season, harvesting in Town Waters shall be by hand or with a scalp net only. During the first two weeks of Scallop season, harvesting in Town Waters shall be open to all permit holders, for the noncommercial limits set forth herein. C. Except as set forth above, during the commercial scallop season, scallops may be taken from Town waters with a dredge having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a non-resident or a guest, accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day by anyone (I) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than two (2) bushels of scallops in one (I) day for noncommercial purposes. E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays by uses of dredge or other power device. H. Scallops having an annual growth line and measuring not less than 2 y." from the middle of the hinge to the middle ofthe bill may be taken from Town waters only by resolution ofthe Southold Town Board of Trustees. 4 . . 9219-9. Clams. A. Hard clams less than one inch in thickness shall not be contained and shall be subject to the requirements set forth in Section 219-14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained and shall be subject to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a non-resident or a guest accompanied by a permanent resident may contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. 9219-10. Oysters. A. Oysters shall not be taken from Town waters during the period from May I to August 31 in each year, both dates inclusive, and shall be subject to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunrise. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters, and shall be subject to the requirements of Section 219-14A. D. A permanent resident, a taxpayer, a non-resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from Town Waters for noncommercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than one (I) bushel of oysters from Town Waters in one (I) day for noncommercial purposes. E. Not more than two thousand (2,000) oysters may be contained or taken from Town Waters for commercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) oysters in one (I) day from Town Waters for commercial purposes. ARTICLE 11l Other Marine Resources 9219-11. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Environmental Conservation regulations. 9219-12. Mussels. A. A permanent resident, a taxpayer, a non-resident or a guest accompanied by a permanent resident may not contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. 5 ~wo (2) or more persons !uPYing the same boat may contain, in Iregate, not more than two bushels of mussels from Town Waters in one (I) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. 9219-13. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Operational 9219- I 4. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this Chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. 9219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of any channel system and the gear shall not impede navigation. 9219-16. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and notices posted by said Board of Trustees. In addition, shellfish shall not be taken from the following habitat sanctuary zone in Hallock Bay, North of the line formed by the following coordinates (excluding Little Bay): from a westerly point at Lat 41 degrees 8 minutes 17.22 seconds N, Long 72 degrees 16 minutes 40.68 seconds W, for a distance 5,190 feet, S 81 degrees 10 minutes 8 seconds E, to an easterly point at Lat 41 degrees 8 minutes 24 seconds N, Long 72 degrees IS minutes 33.81 seconds W. Such sanctuary area, depicted on a mapped image, shall be made part of all permits issued pursuant to this Chapter. 9219-17. Planting of Shellfish Seed. 6 ~otwith~tanding any other Provist of this Chapter, the Board of Trustees.y approve an organization plan for planting shellfish seed in Town Waters and upon approval, the Board of Trustees may then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. g219-18. Transplanting of shellfish. Notwithstanding any other provision of this Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. g219-19. Dredges and scrapes. Except as permitted by g 2l9-8C of this Chapter, the use of a dredge, eel dredge, hydraulic means or similar device operated by mechanical power or other means is prohibited in Town waters except by special permission ofthe Trustees for scientific study projects. g219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area ofthe Town of South old without prior written approval by the Board of Town Trustees of the Town of Southold. g219-21. Aquaculture/Maraculture Exemption. The Board of Trustees may grant an exemption or variance, in terms of permitted sizes, number and time periods of harvest, from the provisions of this Chapter for aquaculture/maraculture activities that are properly permitted by the New York Department of Environmental Conservation. g219-22. Penalties for offenses. A. For each offense against any provision of this Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days. B. A second conviction for an offense against any of the provisions of this Chapter within a period of one year shall result in immediate revocation of their permit. No new permit shall be issued to such person for at least one year after such forfeiture. C. In addition to the above-provided penalties and punishment, the Town Board may also commence an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this Chapter. g2l9-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this Chapter, and have the authority to issue violations of the provisions of this Chapter. lIl. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of 7 Notwith~tanding any other provis!OfthiS Chapter, the Board of Trusteesly approve an organization plan for planting shellfish seed in Town Waters and upon approval, the Board of Trustees may then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. 9219-18. Transplanting of shellfish. Notwithstanding any other provision of this Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. 9219-19. Dredges and scrapes. Except as permitted by 9 219-8C ofthis Chapter, the use of a dredge, eel dredge, hydraulic means or similar device operated by mechanical power or other means is prohibited in Town waters except by special permission ofthe Trustees for scientific study projects. 9219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of South old without prior written approval by the Board of Town Trustees of the Town of Southold. 9219-21. Aquaculture/Maraculture Exemption. The Board of Trustees may grant an exemption or variance, in terms of permitted sizes, number and time periods of harvest, from the provisions of this Chapter for aquaculture/maraculture activities that are properly permitted by the New York Department of Environmental Conservation. 9219-22. Penalties for offenses. A. For each offense against any provision of this Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days. B. A second conviction for an offense against any of the provisions of this Chapter within a period of one year shall result in immediate revocation of their permit. No new permit shall be issued to such person for at least one year after such forfeiture. C. In addition to the above-provided penalties and punishment, the Town Board may also commence an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this Chapter. 9219-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this Chapter, and have the authority to issue violations of the provisions of this Chapter. lll. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of 7 c~mpete~tjurisdiction to be inval!he judgment shall not affect the validi~fthis law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect on January I, 2008, after filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 8 . . 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 22 of 20..!!Z.........: ofthe (~8Uftl; )(Cil) )(Town) ('.'ilIaga) of SOUTHOLD was duly passed by the TOWN BOARD on December 4 , 20 ~, in accordance with the applicable provisions of law. 2. (pas~age by loeallegislatk'e body with allllroval, no disallllrO"/al or rellassage after disallllrovalby the Eleeth'e ChiefE,.eeutive Offieer'.) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on disapproval) by the in accordance with the applicable provisions oflaw. of20 was duly passed by the 20 _' and was (approved)(not approved)(repassed after and was deemed duly adopted on 20_ J. (Final adolltion by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(VilIage) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20. Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20_, in accordance with the applicable provisions of law. ~. (Subjeet to Ilermissive referendum and final adolltion beeause no validlletition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. (County )(City)(Town )(VilIage) of 20 of the of was duly passed by the on 20, and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20_ , in accordance with the applicable provisions oflaw. · Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, Ifthere be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. S. (City loeall_ eoneerning Charter revision IlrOIlOsedb)' Iletition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of 9 section (~6)(37) of the Municipal HJt Rule Law, and having received the affimttve vote ofa m~ority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 _, became operative. 6. (County loeallaw eoneernin!; adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of20 of the County of State of New York, having been submitted to the electors at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority ofthe qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) ~Q.~ Clerk of the nty legislative ody. Town Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: December 19.2007 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney oflocality.) STATE OF NEW YORK COUNTY OF SUFFOLK !, the undersigned, hereby certify that the foregoing loc have been had or taken for the enactment of the localla law contains the correct text and that all proper proceedings exed e o. ignat re a cia A. Finnegan, Esq., Town Attorney ieran Corcoran. Esq.. Assistant Town Attornev Title CSMRt:,' ~ Town of '.'illage Date: SOUTHOLD December 19. 2007 10 . Southold Town Board - Letter tel-, Board Meeting of December 4,2007 RESOLUTION 2007-932 ADOPTED Item # DOC ID: 3368 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-932 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 4, 2007: WHEREAS, there has been rresented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7' day of November, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" reads as follows: LOCAL LA W NO.a~ 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. II. Chapter 2 I 9 of the Code of the Town of Southold is hereby amended as follows: ARTICLE I Catching of SHrimp [f.Eiopted BY e 29 1933] General Provisions ~2 I 9 I. Taking of shrimp BY nonresidents prohiBited. It shall be lIHlawful f-or any person not a resident oftRe Town of Southold to take shrimp from tRe watem of Brush's Creek, Willes Creek, Downs Creek, James Creek, West Creek, Richmond's Creek, Corey's Creek, Cedar BeacR Creek, Goose Creek, Jockey Creek, Town Creek, Mill Creek, Long Creek, BlI6d's Pond, Dam PElR6, Mattituck Creek, GolEismith's Creek, Sqllash Creek, Wickham's Creek and Little Creek, or other creeks or inlanEi waters within the BOllnas of Generated December 18, 2007 Page 37 Southold Town Board - Le. Board .ting of December 4,2007 said Tewnship. ~219-;; 1. Residence requirements. Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this affiele Chapter, when they shall have actually and continuously resided within the said Town for a period of at least sill (6) Hle!lt!ls sixty (60) davs immediately preceding such date. ~219-J ~. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. ~2l9 1. Penalties f-ar effonses. .^.nj' violatien efthis llFl:iele shall be slibjeet te a penalty sf net less than $5 ner Hlere than $ I 00 and eests. .^.RTICLE II Tailing of Shellfish and Eels [.^.dopted by 6 23 1966] ~219-~ 1. Title. This affiele Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of Southold." ~2l9-+ :1.. Definitions. For the purposes of this affiele ChaPter, the terms used herein are defined as follows: AOUACUL TUREIMARICUL TURE - The cultivation. planting. containment or harvesting of products that naturallv are produced in the marine environment. including fish. shellfish. crustaceans and seaweed. and the installation of cribs. racks and in-water structures for cultivating such products. but excluding the construction of any building. any filling or dredging or the construction of any water regulating structures. BOA TNESSEL - Anv floating obiect capable of carrying people as a means of transportation in water. including without limitation an airplane capable of landing on water. any floating structure not otherwise considered to be part of a dock structure as defined herein. with or without means of propulsion. which obiect can be moored independently or can be secured bv any means to a piling. dock. bulkhead. groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterwav with well-defined banks presenting the evidence of the flow of tidal waters. which is commonly traversed bv boat/vessel and is designated by channel markers. including man-made er stabilized waterwavs designed for the navigation of boats Iv esse Is. For the purpose of this Chapter. boat basins and bathing areas are Generated December 18, 2007 Page 38 . Southold Town Board - Letter . Board Meeting of December 4, 2007 included within this definition. CHURNING - The removal of shellfish from lands below average low water bv utilizing a propwash from a vessel or skid-mounted outboard motor. COMMERCIAL PURPOSES - ,'.BY IIS0 or PllI'pOSO other thaR fur f-ooa 60BSllIHptisB BY the perSOBS takiBg the shellfish or BY lHelHBerS of slIeh persoB's hOIlGehold. Taking, containment or harvesting of shellfish or other marine resources to sell to a third party. CONTAINMENT - The placement and possession of shellfish in a basket, tub. bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationarv position, including without limitation pots, moorings, long line. hand line. weir nets. giJInets and traps. GUEST - A person who temporarilv occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs. horseshoe crabs, eels and mussels. NON-RESIDENT - One who does not reside in the Town of South old. PATENT LANDS - All uplands and underwater lands owned in fee title bv the Town of Southold Board of Trustees bv virtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish ifno permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles aHd , conchs, channeled whelk and knobbed whelk. TAKING - The removal or harvesting of shellfish and other marine resources bv any means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPOR.'.RY RESIDENT ,,\ p8FGOB who has o66llpiea liviBg l'Jaarters .,yithiB the Tovffl of Generated December 18, 2007 Page 39 Southold Town Board - Le. Board .ting of December 4,2007 gClIMald dming the periad afnat less than seven days immediately preeeaing the date afhis applisatian far a !le_it herellllder. TOWN Wf.TERS .'\11 waters and lands "flder tiaewater ifl an)' harbar, bay ar sreek, title ta '1ffiiea aRa the right af fishing in vffiiea is yestea in the TawfI af Samhald aml/ar in the Boara sf Trustees af the T OWfI of Salllhold. TOWN WATERS - All the waters Iving over Patent Lands. ARTICLE II Shellfish ~219-& Q. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of South old. (I) Persons AMes 12 and 13 can apply for ajunior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license aad will be at half the cost of a commercial license. The parents or guardian ofthe applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- tcmperary resident upon first obtaining a non- temporary resident shellfish permit tHerefor from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit tHerefur from the Town Clerk of the Town of Southold. Such a permit shall be relluired for all persons ages 10 and older. Persons under the age of 10 mav take shellfish onlv when accompanied by a valid permit-holder, and anv shellfish taken bv such child shall count toward the maximum dailv lluantity allowed in this Chapter for such permit-holder. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit theref-or by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this aflieIe Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this aflieIe Chapter for such permanent resident. Generated December 18, 2007 Page 40 . Southold Town Board - Letter . Board Meeting of December 4, 2007 E. Except as set forth herein. no person Ilet a permWlellt resiaellt, a tw(payer, a telftperal)' resiaellt er a gaest aeeempaniea by a permWlellt resiaellt shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, foalla aeeara allY boat er vessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. G, Shellfish may be taken Hem T ovm waters for noneommereial pliFfloses by a permll8ellt resiaent anaer the age ef 11 years withoat obtaining a permit therefer. [.^.EiEieEi 7 7 1982 by L.L. No.5 1982] ~219-91. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time bv resolution of the Town Board, upon recommendation bv the Board of Trustees. $20. Effeetive on and after Janaary 1, 1991, the fee fer a eommereial sllellfish permit sllall be $35. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non- temporary resident shellfish permit shall be set from time to time by resolution of the Town Board. upon recommendation by the Board of Trustees. $10. SlIell permit sllall be issHed only fer tile perioa of time that saeh temporary resident eeellflies living qllarters witllin the Tewn of SOHthelEi. The non-resident permit shall expire on September 15 of the vear of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Eff-cetive en and after Janaary 1, 1991, tile fee f-or saell permit sllall be-$5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him them on ffis their person while engaged in the permitted activities, and the failure of such holders to exhibit ffis their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. ~219--Ul R. Scallops. A. Tile Trustees of tile Town ofSolitllola may establisll, by reselation, tile aates of the eommereial and Roneommereial seallep season basea on tile envirollffieRtal ana esollomie eonditiolls in effest easll year. [/,menaed 9 6 1991 by L.L. Ne. 19 1991] Scallop season for residents and non-residents shall be set pursuant to New York State. as adopted bv Board of Trustee resolution. Generated December 18,2007 Page 41 Southold Town Board - Let Board Aing of December 4, 2007 B. Subiect to the provisions of this section. during the first two weeks of Scallop season. harvesting in Town Waters shall be bv hand or with a scalp net onlv. During the first two weeks of Scallop season. harvesting in Town Waters shall be open to all permit holders. for the noncommercial limits set forth herein. DW"iflg the flelleemmeFeial sealle)'l seasefl, flElt mere thall 1/-2 bllsliel ef sealle)'ls may be tallefl frem TewlI ?/llters ifl an)' efle da)' by liand Elr with a seal)'l nat. [,^.meflded 7 7 In2by 1.1. 1'113. 5 1982;96 19948yL.L.Ne.191994] C. Except as set forth above. dl}uring the commercial scallop season, scallops may be taken from Town waters with a dredge or seFBfle having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or serBflB is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a tem)'leFllfY non-resident or a guest,-wftea accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day by anv one (1) person. Two (2) or more persons occupving the same boat mav take. in the aggregate. not more than two (2) bushels of scallops in one (1) dav for noncommercial purposes. for otlier tllan eommereial jlllfJ'lElSes. [{"mefldet! '7 7 1982 by L.L. No.5 1982] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays eJlee)'lt by lialld Elr with a sealp flet by uses of dredge or other power device. H., Oflly sealle)'ls measW"ing mere than 2 1/4 iflehes from tlle middle oftlle mflge to tlle middle Elf tlie bill may 13e tallefl frem TOVIfl waters elleept as previt!ed belew. ,^.melldet! 1 21 199713y L.L. Ne. 2 1997] H.-l. Scallops measllriflg less tlian 2 1/4 iflelies with all anfIllal growtlilifle having an annual growth line and measuring not less than 2 \1," from the middle of the hinge to the middle ofthe bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. ~219-.J.+ .2. Clams. Generated December 18, 2007 Page 42 . Southold Town Board - Letter . Board Meeting of December 4,2007 A. Hard clams less than one inch in thickness shall not be contained taileR from TOVIR waters and shall be subject to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained tal.eR from TOVIR WMem and shall be subject to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of seft clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. S219-R lQ. Oysters. A. Oysters shall not be taken from Town waters during the period from May I to August 31 in each year, both dates inclusive. and shall be subject to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to SunrIse. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters. and shall be subiect to the requirements of Section 219- 14A. D. A permanent resident. a taxpaver. a non-resident or a guest accompanied bv a permanent resident mav take not more than one-half (1/2) bushel of ovsters from Town Waters for noncommercial purposes in anv one (I) dav bv anv one (I) person. Two (2) or more persons occupving the same boat mav take. in the aggregate. not more than one (I) bushel of ovsters from Town Waters in one (I) day for noncommercial purposes. The Trustees of tHe Tov.'R of SOl1tHold may estaBlisH, BY resollltion, the limits OR tHe nl1mBer of oystem WHiCH may Be Harvestecl for commercial pllfj30ses ancl noncommercial pl1rposes. ,\ peffRaRont resident, a hmpayer, a temporary resiclent or gllest accempaniecl BY a resiclent may Harvest oysters for noncommercial pllrposes in the ql1antities set B)' resellltien of t.fie Trustees. [.\meRcled 7 "7 19&2by L.L. No.5 1982; I 21 I 997By L.L. No. I Generated December 18, 2007 Page 43 Southold Town Board - Lei Board .ting of December 4, 2007 1997] Editor's ~lete: Fermer SuasestieR E, ameRded 7 31 1973, whish immediately [ollewed this soosestioRllfla dealt with the amoURt ef eysters allewed te ae talceR Hem T eV/fl 'Haters for semmersial pHI'fleses, was repealed I 21 1997 ay L.L. tie. I 1997. E. Not more than two thousand (2,000) ovsters may be contained or taken from Town Waters for commercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) oysters in one (I) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources g2 I 9-11;;. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Enyironmental Conservation regulations. Bille slaw sraBs measllfiRg less than five iRshes frem peiHt te peiRt 8hhe lIJ3per shell shall net ae taken trem the waters 8fthe TevlIl 8f Selltheld. B., ,\ permaneHt resideRt, a t!IJlpaj'er, a temporary resideHt 8r a gllest assempanied ay a pefHlllfleRt resident may net take mere than 1/2 IJlIohel ef 13111e slaw sraBs frem To',VII waters iR aay eRe day fer ReRsemmereial pHl'fleses. [:\meRded 7 7 1982 by L.L. tie. 5 1982] C. Female allle slav; eFabs shell net ae tallen from the waters ehhe Tewn ef Sellthsld. [,'.meRded 7 14 1987 ay L.L. tie. 12 19&7] ~ ~~.~~~~~-~-~~~~~~~ auey shall hll'le affi"ed therete the iadividual's shellfish permit number. [Adaed 714 1987ayL.L.Ne.121987] g219- .114. Mussels. A. A permanent resident, a taxpayer, a tempsrary non-resident or a guest accompanied by a permanent resident may not taIre contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain, in aggregate, not more than two bushels of mussels from Town Waters in one (I) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may taIre contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. Generated December 18,2007 Page 44 . Southold Town Board - Letter . Board Meeting of December 4, 2007 C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. ~219-11~. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Operational ~219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this aftiele Chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. &219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of anv channel svstem and the gear shall not impede navigation. ~219-lQ+. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees Ilful J'lroJ'lerly staked and notices posted by said Board of Trustees. In addition. shellfish shall not be taken from the following habitat sanctuarv zone in Hallock Bay. North of the line formed by the following coordinates (excluding Little Bay): from a westerly point at Lat 41 degrees 8 minutes 17.22 seconds N. Long 72 degrees 16 minutes 40.68 seconds W. for a distance 5.190 feet. S 81 degrees 10 minutes 8 seconds E. to an easterly point at Lat 41 degrees 8 minutes 24 seconds N. Long 72 degrees 15 minutes 33.81 seconds W. Such sanctuary area. depicted on a mapped Generated December 18, 2007 Page 45 Southold Town Board - Lei Board ~ing of December 4, 2007 image, shall be made part of all permits issued pursuant to this Chapter. &219-17. Planting of Shellfish Seed. Notwithstanding any other provision ofthis Chapter, the Board of Trustees may approve an organization plan for planting shellfish seed in Town Waters and upon approval, the Board of Trustees may then authorize the approyed organization and other yolunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. ~219-18. Transplanting of shellfish. Notwithstanding any other provision of this artiele Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. ~219-19. Dredges and scrapes. Except as permitted by ~ 219-J!.+GC of this artiele Chapter, the use of a dredge, scrllfle, ell eel dredge, hydraulic means or similar device towee ey a eoat operated by mechanical power or other means is prohibited in Town waters. Bllcept as permitted ey ~ 219 IOC of this artiele, the ase of a ~iredge, serape, ell dredge or similar de'liee towed ey a eoat operated ey mechaflical power or ather mear15 is prahieited in Tavin waters except by special permission of the Trustees for scientific study projects. ~219-20. Vegetation removal prahibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of South old without prior written approval by the Board of Town Trustees of the Town of Southold. &219-21. AQuaculture/Maraculture Exemption. The Board of Trustees may grant an exemption or variance, in terms of permitted sizes, number and time periods of harvest, from the provisions of this Chapter for aQuaculture/maraculture activities that are properly permitted bv the New York Department of Environmental Conservation. ~219-22+. Penalties for offenses. A. f.1l)' person eom'icted of an off-onse against any provision of this article shall ee deemed to ha'le eommitted a violation against slleh article and also shall ee lialJle for any sach offense or penalty therefor. A.~ For tWef]'- each offense against any provision of this artiele Chapter, the person Generated December 18, 2007 Page 46 . Southold Town Board - Letter . Board Meeting of December 4,2007 committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days,eF both such fine and ilHj3RSelilllent. B..G. A second conviction for an offense against any ofthe provisions of this article within a period of one year shall result in immediate revocation of their permit. shall esnstitute and effeet an ilHmediate fsrfeiture sf a j3ermit issHed to sHeh j3emen. No new permit shall be issued to such person for at least one year after such forfeiture. D. "'\fly j3emen eelHlHitting an effense against this artiele sball Be soojeet Is a eivil j3enalty enfereeable and eollectiBle BY tbe Tewn f{)r eaeb such sffense. SHeb j3ellalty shall be eelleetible BY and in the Ilame of the Tewn. C.B. In addition to the above-provided penalties and punishment, the Town Board may also maintain commence an action or proceeding in the naffie oftbe Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this afliele Chapter. &219-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions of this Chapter. and have the authoritv to issue violations of the provisions of this Chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect on January I, 2008, after filing with the Secretary of State as provided by law. I'1f~,".(~a2f~/"" Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated December 18, 2007 Page 47 . Southold Town Board - Letter . iL~C Board Meeting of December 4, 2007 RESOLUTION 2007-929 ADOPTED Item # DOC ID: 3355 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-929 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON DECEMBER 4, 2007: RESOLVED that the Town Board, as lead agency, issues a Negative Declaration for the action, the adoption of "A Local Law in relation to Shellfish and Other Marine Resources", in accordance with the recommendation of Mark Terry dated August 14, 2007 and December 4, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Pt~,"hrfa2:f~:t/.,. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated December 18, 2007 Page 32 . . ~~Gj;~ KENNETH L, EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND P.O. Box 1179 SouthoJd, NY 11971 PLANNING BOARD MEMBEBS JERlLYN B. WOODHOUSE Chair OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) SouthoJd, NY Telephone: 631 765-1938 Fax; 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Patricia Finnegan, Town Attorney / Mark Terry, Principal Planner ~ L WRP Coordinator From: Date: December 4, 2007 Re: "A Local Law in relation to Shellfish and Other Marine Resources" As requested, I have re-assessed the proposed amendments to "A Local Law in relation to Shellfish and Other Marine Resources" to the State Environmental Quality Review Short Environmental Assessment Form (SEAF) prepared for the action on August 14,2007. The recent amendments are not significant and therefore revisions to the SEAF are not necessary and the recommended determination of significance stands. d S090N V1VLOII LOOGvJJO . . SOUTHOLD TOWN BOARD PUBLIC HEARING August 14,2007 4:40 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17'h day of July, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of Angnst, 2007, at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources" . BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of South old. II. Chapter 219 of the Code of the Town of South old is hereby amended as follows: ARTICLE I Catehing of Shrimp [."<dopted by €i 29 1933] General Provisions ~219 1. Taking of shrimp by nonresidents pmhibited. It shall be HnlawfHI for any person not a resident of the Town ofSoHthold to take shrimp from the waters ofBrnsh's Creek, Willes Creek, Downs Creek, James Creek, West Creek, Riehmolld's Creek, Corey's Creek, Cedar Beaeh Creek, Goose Creek, Jockey Creek, Town Creek, Mill Creek, LOllg Creek, Budd's Pond, Dam Pond, Mattituck Creek, Coldsmith's Creek, SqHash Creek, Vliekham's Creek aRd Little Creek, or other ereeks or inlalld waters withill the bOHnds of said Township. 9219-'61. Residence requirements. Persons shall be deemed to be residents of the Town of South old at any given date, within the meaning of this artiele Chapter, when they shall have actually and continuously resided within the said Town for a period of at least six (€i) months sixtv (60) davs immediately preceding such date. Shellfish Code . . 2 ~219-:; 2. Effect. No provision ofthis article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. ~219 1. Penalties for offenses. .^J1)"/iolation of this artiele shalllle stllljeet to a penalty OfFlOt less than $5 nor more than $100 and eosts. ,^.RTICLE II Taking of Shellfish and Eels [,,\dopted by 623 1966] ~219-& ;i. Title. This arliele Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of South old." ~219-+ 1. Definitions. For the purposes of this arliele Chapter, the terms used herein are defined as follows: AQUACULTURE/MARICULTURE - The cultivation. planting. containment or harvesting of products that naturally are produced in the marine environment. including fish. shellfish. crustaceans and seaweed. and the installation of cribs. racks and in-water structures for cultivating such products. but excluding the construction of any building. any filling or dredging or the construction of any water regulating structures. BOATNESSEL - Anv floating obiect capable of carrying people as a means of transportation in water. including without limitation an airplane capable of landing on water. any floating structure not otherwise considered to be part of a dock structure as defined herein. with or without means of propulsion. which obiect can be moored independentlv or can be secured bv any means to a piling. dock. bulkhead. groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence ofthe flow of tidal waters. which is commonlv traversed bv boat/vessel and is designated bv channel markers. including man-made or stabilized waterways designed for the navigation of boats Iv esse Is. For the purpose of this Chapter. boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water bv utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES - ,'\By lise or plirpose other than for food eonstlmption lly the persons taking the shellfish or by members of Stich person's hOlisehold. Taking. containment or harvesting of shellfish or other marine resources to sell to a third party. Shellfish Code . . 3 CONTAINMENT - The placement and possession of shellfish in a basket, tub, bag, or anv other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationarv position, including without limitation pots, moorings, long line, hand line, weir nets, gillnets and traps. GUEST - A person who temporarilv occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs, horseshoe crabs. eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title bv the Town of Southold Board of Trustees bv virtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish ifno permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles llfHl. conchs. channeled whelk and knobbed whelk. TAKING - The removal or harvesting of shellfish and other marine resources bv anv means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of South old. TEMPORf.RY RESIDENT f. ]lemon who has oeeH]lied li'iing quarters within the Town of SouthoM aOOng the ]lerioa of not less thllH seven aays immeaiately preceaing the date of his application for a permit hereunaer. TOWl'l W,"'TERS ,"'II waters ana lanas unaer tiaev..ater in any harbor, Bayer ereek, title to whieh ana the right of fishing in whieh is vestea in the Town of Southola ana/or in the Board of Trustees of the Town of South old. TOWN WATERS - All the waters Iving over Patent Lands. Shellfish Code . . 4 ARTICLE II Shellfish 9219-& Q. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of South old. (I) Persons Aj!ges 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license and will be at half the cost of a commercial license. The parents or guardian of the applicant for aiunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- teHljlorary resident upon first obtaining a non- temJ'lorary resident shellfish permit therefor from the Town Clerk of the Town of South old. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this llftiele Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this llftiele Chapter for such permanent resident. E. No person not a permanent resident, a tmlpayer, a teHljlorary resident or a gliest accompanied 8Y a permanent resident shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or ofless size than that, set forth in this Chapter, fDlind aeoard any 80at or vessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. &. Shellfish may 8e taken from Town waters for noncemmereial J'llifJlOSCS 8Y a peFlllaHent resident _der the age of I 4 years v,itholit 08taining a permit therefor. [".dded 7 7 1982 8Y L.L. No.5 1982] 9219-91. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. $20. Effeetivc on and after Janliary I, 1991, the f-ce for a commercial shellfish peFlllit shall 8e $35. Such permit shall expire on December 31 of the year of its Issuance. Shellfish Code . . 5 B. The fee for a non- temporary resident shellfish permit shall be set from time to time bv resolution of the Town Board. upon recommendation bv the Board of Trustees. $10. Sllch permit shall be issHed ollly for the period of time that sllch temporary residellt occHjlies livillg qHarters withill the Town ofScmthold. The non-resident permit shall expire on September 15 of the year of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Effecti\'e on and after Janllary 1. 1991, the fee for sHch permit shall lle-$5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. ~2l9-.w .8.. Scallops. A. The Trustees of the Tewn efSoHthold may establish, by resolHtioll, the dates of the commercial alld Ilollcommereial scallop season based Oil the ellvironmental and economic cOllditiollG ill effect each year. [}Jllended 9 6 1991 by L.L. No. 19 1991] Scallop season for residents and non-residents shall be set pursuant to New York State. as adopted bv Board of Trustee resolution. B. Subiect to the provisions of this section. during the first two weeks of Scallop season. harvesting in Town Waters shall be bv hand or with a scalp net only. During the first two weeks of Scallop season. harvesting: in Town Waters shall be open to all permit holders. for the noncommercial limits set forth herein. DHring the Ilollcommereial scallop SeaGell, IlOt more than 1/2 lmshel of scallops may be taken from Tmvll waters ill any olle day by hand or \,..ith a scalp Ilet. [},mended 7 7 1982 by L.L. No.5 1982; 9 6 1991 by L.L. No. 19 1991] C. Except as set forth above. dfluring the commercial scallop season, scallops may be taken from Town waters with a dredge or scrtlfle having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a temporary non-resident or a guest,-wheH accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day bv any one (1) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (1) bushel of scallops in one (1) day for noncommercial purposes. for othcr than commercial pHfjloses. [},mellded 7 7 1982 by L.L. No.5 1982] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. Shellfish Cede . . 6 F. Scalleps shall net be taken frem Tewn waters during the peried frem sunset te sunnse. G. Scalleps shall net be taken frem Tewn waters en Sundays exeept BY lIaml er witll a scalp Ret bv uses ef dredge er ether pewer device. II, ORly sealleps measHfiRg mere thall 2 1/4 iRehes from the middle of the hiRge te the middle of the bill may be takeR from TowR '.vaters ellSept as provided belew. ,^.meRded 121 1997 BY L.L. Ne. 21997] H.-I. Scalleps moasllriRg less thall 2 1/4 iRches with an ar.nual growthliRo having an annual growth line and measuring net less than 2 y,." frem the middle ef the hinge te the middle efthe bill may be taken from Tewn waters enly by reselutien efthe Seutheld Tewn Beard efTrustees. S219-H- 2. Clams. A. Hard clams less than ene inch in thickness shall net be centained taleeR from TeWR waters and shall be subject te the requirements set ferth in Sectien 219- 14A. B. Seft er steamer clams less than twe inches in the lengest diameter shall net be centained takeR frem TO'NR waters and shall be subject te the requirements set ferth in Sectien 219-14A. C. Churning by pewer may net be empleyed in the taking ef seft clams en land belew the high-tide line in Tewn waters. D. A permanent resident, a taxpayer, a temporary nen-resident er a guest accempanied by a permanent resident may taIre centain net mere than 100 hard clams and 100 seft clams from Tewn waters in ene day fer nencemmercial purpeses. E. Net more than 2,000 hard clams may be taken frem Tewn waters fer cemmercial purpeses in any ene day by any ene persen. Twe er mere persens eccupying the same beat may take, in aggregate, net mere than 4,000 hard clams in ene day for cemmercial purpeses. S219-~ lQ. Oysters. A. Oysters shall net be taken frem Tewn waters during the peried frem May I te August 31 in each year, beth dates inclusive, and shall be subject te the requirements efSectien 219-14A. B. Oysters shall net be taken from Tewn waters during the peried frem sunset te sunnse. C. Only eysters measuring mere than three inches from the hinge te the bill may be taken from Tewn waters. and shall be subject te the requirements efSectien 219- 14A. D. A permanent resident. a taxpaver. a nen-resident er a guest accempanied bv a permanent resident mav take net mere than ene-half (1/2) bushel ef evsters frem Tewn Waters fer nencemmercial purpeses in anV ene (]) dav bv anv ene (]) persen. Twe (2) er mere persens eccupving the same beat mav take. in the aggregate. net mere than ene (] ) bushel ef evsters from T ewn Waters in ene (] ) Shellfish Code . . 7 day for noncommercial purposes. The Trustees of the TowR ofSoathola may estaBlish, BY resolatioR, the limits OR the RamBer of oysters whieh may Be harvested fur commerciallHlflloses aHa RORcommercial jJaflloses. .^. jJcrmaflent resident, a taxjJayer, a teffijJorary resiaent or gaest aeeomjJaflied BY a resideRt may harvest oysters fur noncommer-eial jJaflloses in the ~aantities set BY resolation of the Trustees. [.^.mended 77 19S2 BY L.L. No.5 19S2; I 21 1997 BY L.L. No. I 1997] Editor's Note: Former Subsection E, amended 731 1973, which imRleaiately follo'Ned this subsection and dealt with the amount of oysters allowea to be taken from TO'Nfl waters for commercial ]lliflloses, Vias repealed I 21 I 997By L.L. No. I 1997. E. Not more than two thousand (2,000) oysters may be contained or taken from Town Waters for commercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) oysters in one (I) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources 9219-11~. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Enyironmental Conservation regulations. Blae clll'lI crabs measming less thafl five iflches from ]loifll to ]loint ofthe up]ler shell shall Rot Be takeR from the waters of the TO'lIn of Soathola. B-, .^. ]lermaHent resideRt, a tml]layer, a teffijJorary resident or a gaest accoffijJanied by a permaneRt resideRt may Rot take more than 1/2 bashel ofBlae claw craBs from Tovm waters in any ORe aay for RORcommereial jJuflloses. [.^.meRded 7 7 1982 by L.L. No.5 1982] C. Female blue claw crabs shall Rot Be taken from the "yaters of the To',','fl of Southold. [,'.mended 7 I ~ 1987 BY L.L. No. 12 19S7] g, Crab ]lots. No iRdiviaual may set more than ORe crab ]lot, ana each crab ]lot a!1.d buoy shall have affixca thereto the inai'iialial's shellfish jJermit oomBer. [:\aaea 7 I ~ 1987 BY L.L. No. 12 1987] 9219-124. Mussels. A. A permanent resident, a taxpayer, a tem]lorary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain, in aggregate, not more than two bushels of mussels from Town Waters in one (I) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in Shellfish Code . . 8 peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. ~2l9-U~. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Operational ~2l9-l46. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this artiele Chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. ~2l9-l5. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of any channel system and the gear shall not impede navigation. ~2l9-121. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and properly staked and notices posted by said Board of Trustees. ~2l9-l7. Planting of Shellfish Seed. Notwithstanding any other provision of this Chapter. the Board of Trustees may approve an organization's plan for planting shellfish seed in Town Waters and upon approvaL the Board of Trustees may then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. ~2l9-l8. Transplanting of shellfish. Notwithstanding any other provision of this artiele Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to Shellfish Code . . 9 its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. 9219-19. Dredges and scrapes. Except as permitted by 9 219-~-WC of this aftiele Chapter, the use ofa dredge, scrape, ell eel dredge, hydraulic means or similar deyice towed by a boat operated by mechanical power or other means is prohibited in Town waters. EJlcejlt as jlermitted by ~ 219 JOC of this article, the lise of a dredge, scrape, ell dredge or similar de'/ice towed by a boat operated by mechanical power or other means is prohibited in Town '.vaters except by special permission of the Trustees for scientific study projects. 9219-20, Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of South old without prior written approval by the Board of Town Trustees of the Town of South old. &219-21. Aquaculture/Maraculture Exemption. The Board of Trustees may grant an exemption or variance, in terms of permitted sizes, number and time periods of harvest, from the provisions of this Chapter for aquaculture/maraculture activities that are properly permitted bv the New York Department of Environmental Conservation. 9219-22+. Penalties for offenses. A .^.ny person com'icted of an offense against any jlfovision of this article shall be deemed to have committed a violation against slich article and also shall be liable for any slich offense Of jlenalt)' therefur. A.B, For every- each offense against any provision of this article Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days,er both such fine and imjlrisonment. ~.G. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall eonstitlite and effect an immediate furf-citlife af a ]'lermit issued to mieh ]'lersan. No new permit shall be issued to such person for at least one year after such forfeiture. D. follY person committing an affense against this article shall be slibjeet ta a civil ]'lenalty enfurceable and collectible by the Town fur each sHch offense. Slieh ]'lenalt)' shall be ealleetible by and in the naffie afthe Tawn. C.K In addition to the above-provided penalties and punishment, the Town Board may also maintain commence an action or proceeding in the name of the Tawn in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this aftiele Chapter. Shellfish Code . . 10 &219-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions ofthis Chapter. and have the authoritv to issue violations of the provisions of this Chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Those are the sections that are basically in this law and many of them were already there and many of them are just amended and changed for the purposes ofthis law. I have here a letter from the Suffolk County Planning Commission, "Pursuant to section A1414-23 of the Suffolk County Administrative Code, this application is not within the jurisdiction of the Suffolk County Planning Commission." I have, this has appeared as a legal on the Town Clerk's bulletin board outside and it has also appeared as a legal in the local newspaper. What other communications do I have? The key communication that is actually in the file here is from the Town's L WRP coordinator and it is rather lengthy, it is the most serious and involved recommendation I have come across in all of the legislation that we have passed and I see the coordinator is in our audience today and I wonder if he would like to summarize this to us and to the people with us today. Mark Terry, who is the Town's L WRP coordinator. MARK TERRY, SOUTHOLD TOWN COORDINATOR, LOCAL WATERFRONT REVITALIZATION PROGRAM: Hi, Mark Terry. I have reviewed the law and the law is consistent provided that the Board of Trustees and the Town Board support our further policy, 6 and 11, which protects eelgrass habitat in our creeks. Basically in Chapter 275, there is a provision that allows the Trustees to establish spawner sanctuaries. Spawner sanctuaries are defined as 'bottom designated by the Trustees for the purpose of protecting and enhancing shellfish populations for a specific period of time'. The L WRP recommendation and summary is to establish such spawner sanctuaries for known eelgrass beds and prohibit any action that would disrupt the root or eventually result in the death of eelgrass plants in these areas. I have been in contact with Cornell Cooperative Extension to identify these areas. I do not have the maps that I can produce to you tonight however, I request that you hold this open until we get that information and I can provide that both to the Trustees and to the Town Board. SUPERVISOR RUSSELL: Thank you. Shellfish Code . . 11 COUNCILMAN KRUPSKI: I have got a question for you, Mark. In this legislations section 219-16, it is under restricted areas 'shellfish may not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall be properly designated by resolution duly passed by said Board of Trustees and notice is posted by said Board of Trustees' could that be used as a, and if we put in definitions for this code 'shellfish sanctuary' would that be effective in protecting these areas? The shellfish areas? MR. TERRY: Yes, it could. It could be used as a sort of connection between the spawner sanctuary's. I do recommend that the spawner sanctuary definition be included in the shellfish code but I do suspect that as the efforts of the scientists at Cornell at restoring eelgrass beds are successful, the spawner sanctuary or eelgrass beds will increase in size and therefore, it is very hard to put in the shellfish code exact limits and I think that is a wise way to do it, on a basis where you can actually have different areas set up annually by the Board of Trustees working with the Cornell Cooperative Extension. COUNCILMAN KRUPSKI: Thank you. TOWN ATTORNEY FINNEGAN: Can I also say, the areas should be listed in the code as opposed to a resolution, because if somebody were to be charged with a violation, the area that they are performing the activity isn't listed in the code so it is hard to give a ticket and then they would challenge a ticket. So, once we have the areas identified, they should be specifically listed. COUNCILMAN KRUPSKI: Once we get the recommendations from Cornell about the locations of the eelgrass beds, will we need then a resolution from the Trustees, each to be in the legislation? TOWN ATTORNEY FINNEGAN: The areas should be included here. COUNCILMAN KRUPSKI: Right but we need that from the Trustees in order to include, a resolution from the Trustees to include that in the legislation. JUSTICE EVANS: Right but that also means we have to change our legislation every year to... SUPERVISOR RUSSELL: Adopt code changes, re-identifying the protects areas. After a resolution comes up from the Trustees. COUNCILMAN WICKHAM: Albert? The Trustees need to agree to it but it should be added to this legislation that comes to the Town Board. COUNCILMAN KRUPSKI: Well, in a sense it is, under restricted areas but would it stay under that? Would it just list those restricted areas under that? Shellfish Code . . 12 . TOWN ATTORNEY FINNEGAN: I would recommend that you list the areas in this code under that section, as opposed to referring to a resolution of the Trustees. COUNCILMAN KRUPSKI: Okay. SUPERVISOR RUSSELL: Thank you, Mark. MR. TERRY: Thank you. SUPERVISOR RUSSELL: Would anyone else like to come up and address us on the issue of the shellfish code? Any of the Trustees? JILL DOHERTY: Hi, Jill Doherty, Southold Trustees. We worked on this quite a while and we worked on it with many groups of people. We held public meetings, got a lot of input. We worked with the Shellfish Advisory Committee, worked with law enforcement, with the Town Attorney's and we feel that we did a good job updating this. Like Al mentioned earlier, it hasn't been updated since like the 30's so a lot of stuff needed changes. It is a lot of minor changes and nothing major, just bringing everything up to date to the times. And the Trustees don't have a problem with what Mark is suggesting, we just need to talk about it as a group to work out the details. How we are going to mark the areas, what areas are going to be. We also have worked with Cornell, with Chris Pickerell in doing all this, so we have talked to him about eelgrass beds and I think now we, Cornell only has one area and that is in Hallock's Bay. But they, as Mark said, they are updating that and you know, they are re-doing. So once we get the updates and we can figure out the areas, we will, you know, put them in. So if there are any questions, we are here. SUPERVISOR RUSSELL: Thank you, Jill. Would anybody else like to come up and address the Town Board? (No response) Motion to close? TOWN ATTORNEY FINNEGAN: We are going to hold the hearing open and when you get the information, you can incorporate it into the hearing. So we can hold it open. SUPERVISOR RUSSELL: Okay. JUSTICE EVANS: And we don't have to have another public notification because it is not major. SUPERVISOR RUSSELL: So we are going to look to hold this hearing open. Okay. * * * * * ~~ Elizabeth A. Neville Southold Town Clerk ~ #8592 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 regularly published in said Newspaper once a week for --1- week(s), successively, commencing on the 15th day of November. 2007. ;!~~~ Principal Clerk Sworn to before me this ~ day of .JJtrv- 2007 ctJ~j@M NOTARY PUBLIC-STATE OF NEW YORK NO.Ol-V06l05050 Qualified In SuHalk county ,.,r-;;f.s\Of*l l:xplreS February 28, 2008 \ j ~ II ;r~~";;'ti~~-~nd- tl~~- p~~per use' and maintenance of Town wat~r~ ~d lands under Town waters, to mmlImze. dam- age thereto and to enhance theIr use for the propagation of shel1~b and other beneficial marine orgarosms an~ thereby protect and promote the public health, safety and welfare of the Town oiSon ~ld l~ b.L diu:"""}' h-......a tIl.... .....b.... ~r .Jan.'.'! bobh..J.~ld.. Tflkinf' containment or BltlJl.'3 CH~ck, \..liH~ Cr.:ek, B~_.... harvelOtinl7 of shellfish or other marine C._I.., J.........~ C_vl, W~ilt'r- ClGck, resources to !;ell to a third nartv n.;...h.~....ud'.I. G.""".... Cv....}'olo C.wk, CONTAINMFNT - The olacement C~d~. Beam Clut, GMoSG c,e<-L., and oo~~es~ion of shellfish in a basket JocL.~J C~.;..;.L.,To_u C~_L.,I\EH OJ__l, tub 002 oranv othertvoe of container ~t.:;}r:I'}~~ rt~:i,~Q '~~~~~rlf~;,.~ . (,jj~}~:~i;'F ~,~~~ ~. t ~..., O........P" ..., ~~ 'th ell-rlefined years upon first obtaining a commercial 2 1,'.4 :....d.w &~fb ~ ~k~l:l wat:-rwat~ W1 'd:nre of the shellfish pe" emit therefor from the Town ~~_ t.o th_ .nlJdle I ' a -resentmll _e eVl__._ - --- S th ld . , I flo~~fridalwaters.whichis{".nmmonlv OerkoftheTownof ou 0 . _ ,,""'-11 h~.~~~.... ..+. ;;aversed bv bnatJves~el and i~ deshmat- (1) ~.A:ages 12 an~ 13 ~:l:h ~d~d b~l~..., &ulend<.- d hv chllnne1 ma-r1c:P.nt lnl"lndio" man- ply for a JuntO~ commerct3 S h n....2 1997} :. ::~d~ or dahlli7.ecl waterwllV1i: desipned license which will .a.l1o~ them t~ catc r1. f: Scall?ps ~, . - 114 ;.d.;l.~J ..ill._lI:, ~.,ntl pUB Sa40B9q M, afiJBI JOI WOOJ Slll't: 'lI-"bS-om'~ i_i aO!Jd Ol~ .sl!l!lap JO} liB) - pa~!^U! ua!~edp! WO)"A:epolUO!pneal 'MU.___ lil'l)l!d JilPPli iS~flOA. ,m N iUO!l::>Y 10J aUl!l - uop::>ny a whole or any part thereof other tt.um the part so decided to be unconstItu- tional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect on January 1,2008, after filing with the Sec- retary of State as provided by law. Dated: November 7,2007 OF BY ORDER THE TOWN BOARD I. OF THE TOWN OF SOUTHOLD , Elizabeth Neville. Town Clerk )V3: 96jl}~'F:U::.\I11J~""n$ IIIIII"; J '1l kleAiJd leUO!ldroxa 3u!J!sap aSOln JOJ goog91 t . I X e Ja 'a3eJe3 11lq 9'Z 'l ]?H~O:ll~iOJ 1n3. 1qjlJq ~lP" u9l1::l11l{ 19ULlnoj snolnq~ 1l AJ. unro UU1l 19fU11lH '9sool{::I no~ J! 'pUll sa! . . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 7th day of November, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" AND NOTICE IS HEREBY 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 4th day of December, 2007 at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of South old. II. Chapter 219 of the Code of the Town of South old is hereby amended as follows: ARTICLE I Catching sf Shrimp [Adspted by Ii 29 1933] General Provisions ~219 I. Taking ef shrimp by nenresidents prohibited. It shall be HnlawfHI fer an-y persen net a resident efthe Tewn ef SOHtheld te take shrimp from the waters efBrush's Creek, Willes Creek, Dewlls Creek, James Creek, West Creek, Richmend's Creek, Cerey's Creek, Cedar Beach Creek, Goose Creek, Jockey Creek, TowlI Creek, Mill Creek, Leng Creek, Bmld's Pend, Dam Pond, Mattitm:k Creek, Goldsmith's Creek, SqHash Creek, Wickham's Creek and Little Creek, Elr ether sreeks er inland ',vaters within the beWlds of said Te','fflship. S219-;! 1. Residence requirements. Persons shall be deemed to be residents ofthe Town of Southold at any given date, . . within the meaning of this aftieIe Chapter, when they shall have actually and continuously resided within the said Town for a period of at least sill (6) Hlonths sixty (60) days immediately preceding such date. 9219-J2. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of South old from angling for fish for other than commercial purposes. ~219 4. PeBalties for offenses. .A.It)' violation of this artiele shall be sulljeet to a JleHalt)' of Hot less than $5 nor Hlore than $100 and eosts. l\RTICLE II Taking Bf~hellfish and Eels [.A.doJlted b)' 623 1966] 92l9-~ J Title. This aftieIe Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of Southold." 9219--71. Definitions. For the purposes of this aftieIe Chapter, the terms used herein are defined as follows: AOUACUL TURE/MARICUL TURE - The cultivation, planting, containment or harvesting of products that naturallv are produced in the marine environment, including fish, shellfish, crustaceans and seaweed, and the installation of cribs, racks and in-water structures for cultivating such products, but excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. BOA TNESSEL - Anv floating obiect capable of carrying people as a means of transportation in water, including without limitation an airplane capable of landing on water, any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion. which obiect can be moored independently or can be secured bv any means to a piling, dock, bulkhead, groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters, which is commonly traversed bv boat/vessel and is designated bv channel markers, including man-made or stabilized waterways designed for the navigation of boats Iv esse Is. For the purpose of this Chapter, boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water bv utilizing a propwash from a skip-mounted outboard motor. . . COMMERCIAL PURPOSES - fJlj' lIse or pllfJlose sther than for food eOflsllffij'ltisR BY the perSSRS takiRg the shellfish or BY memBers of sllch persofl's hOllseRold. Taking, containment or harvesting of shellfish or other marine resources to sell to a third party. CONTAINMENT - The placement and possession of shellfish in a basket, tub, bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationarv position. including without limitation pots. moorings. long line. hand line. weir nets. gillnets and traps. GUEST - A person who temporarilv occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs. horseshoe crabs. eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title bv the Town of Southold Board of Trustees bv virtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of South old during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish ifno permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles aHti , conchs. channeled whelk and knobbed whelk. TAKING - The removal or harvesting of shellfish and other marine resources bv any means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPORARY RESIDENT .^. perSOR wRo has oeellJlied liviflg qllarters ',vithiR the T OWfI sf Somhsla dllfiRg the period of Rst less than seveR days immediately preeediflg the date sf his a]Jplisatiofl for a peFHlit herellHaer. TOWN \VATERS ;\11 'A'llters and lands \Illeer tidevlater iR any harBer, bay sr sreek, title . . to which afl(l the right sffisrung ia 'Nhieh is '/eated ia the Town ofSoathsld llBcl/or ia the Board ofTrastees of the TO'lffl ofSoatfleld. TOWN WATERS - All the waters Iving over Patent Lands. ARTICLE II Shellfish ~219-& 2. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (I) Persons A;!ges 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license and will be at half the cost of a commercial license. The parents or guardian of the applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- temporary resident upon first obtaining a non- temporary resident shellfish permit therefor from the Town Clerk of the Town of South old. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. Such a permit shall be required for all persons ages 10 and older. Persons under the age of 10 may take shellfish onlv when accompanied bv a valid permit-holder. and any shellfish taken bv such child shall count toward the maximum dailv quantity allowed in this Chapter for such permit-holder. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit theref{jr by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this artiele Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this artiele Chapter for such permanent resident. E. No person BOt a permaneat resideat, a tal'flayer, a temporary resideat or a gaest aeesHlpaaied lly a permaaeat resideat shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set . . forth in this Chapter, fOlllld aboard aHY boat or yessel in the waters ofthe Town of Southold, shall be deemed presumptive evidence of a violation of this article. G-c Shellfish may be taken from T swn waters for neResRllRereial pHlJlsses BY a pe_aneRt resideat \HIaer the age of 11 years without oBtaining a peFHlit theref-or. [,^.ddes "7 7 1982 by 1.1. Ne. S 19&2] 9219-91. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time bv resolution ofthe Town Board. upon recommendation bv the Board of Trustees. $20. Effeetive en ans after JaHuary 1, 1991, the fee fer a eemmereial shellfish pe_it shall Be $3S. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non- teffiJlerary resident shellfish permit shall be set from time to time bv resolution of the Town Board. upon recommendation bv the Board of Trustees. $10. Sueh permit shall Be issued only fer the periss eftime that sueh teffiJlorary resiseRt eeellJlies liviag quarters within the TeYffl sf Southels. The non-resident permit shall expire on September IS of the vear of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Effeetive sn ans after January 1, 1991, the fee fer such permit shall be-$S. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him them on his their person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. 9219-14~. Scallops. A. The Trustees of the TOViR ofSsl!thold may establish, BY resolution, the sates ef the eemmereial aHd ReResmmereial seallop seaseR bases on the elP,iroRffieRtal aHd eeeRomie eonditisRs in effeet eaeh year. [l'<meRaed 9 Ii 1991 BY 1.1. No. 19 1991] Scallop season for residents and non-residents shall be set pursuant to New York State. as adopted bv Board of Trustee resolution. B. Subiect to the provisions of this section. during the first two weeks of Scallop season. harvesting in Town Waters shall be bv hand or with a scalp net onlv. During the first two weeks of Scallop season. harvesting in Town Waters shall be open to all permit holders. for the noncommercial limits set forth herein. DlIfing the neneemmereial scallop seassR, net more than 1/2 Bushel ef seallsjls may Be taken from Te?m waters in any ene say BY haRd sr with a sealjl net. [,^.rnendes "7 7 19&2 BY 1.1. Ne. 5 19&2; 9 Ii 1991 by 1.1. No. 19 1991] . . C. Except as set forth above. dBuring the commercial scallop season, scallops may be taken from Town waters with a dredge Elr serape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge Elr serape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a tempoHlry non-resident or a guest,-when accompanied by a permanent resident, may take from Town waters not more than 112 bushel of scallops for noncommercial purposes in anyone day by anv one (I) person. Two (2) or more persons occupving the same boat may take. in the aggregate. not more than two (2) bushels of scallops in one (I) day for noncommercial purposes. f(lr Eltller tRan cElmmercial plli]lElses. [f.mefleed 7 7 19&2 by L.L. }!(l. 5 19&2] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunnse. G. Scallops shall not be taken from Town waters on Sundays e)(eejlt by llafle (lr 'Nitll a sealp net by uses of dredge or other power device. ~ Only scalleps measllfing mme tllan 2 II 1 inclles frem the mitldle (If tlte llinge tEl tlle mitldle Elf the bill may ee taken frem TEl'Nfl waters elcsejlt as preyided eelew. .'\mended I 21 1997 ey L.L. }Ie. 2 1997] H.-I. Scallops measuring less tHan 2 1/1 inclles with an annllal growtllline having an annual growth line and measuring not less than 2 y." from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. 9219--1+2. Clams. A. Hard clams less than one inch in thickness shall not be contained takefl frElm Tewn 'Naters and shall be subiect to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained taken frElm Town waters and shall be subiect to the requirements set forth in Section 219-14A. . . C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a temJlorary non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. ~219-H 10. Oysters. A. Oysters shall not be taken from Town waters during the period from May I to August 31 in each year, both dates inclusiye, and shall be subiect to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunrise. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters, and shall be subiect to the requirements of Section 219- 14A. D. A permanent resident, a taxpayer, a non-resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from Town Waters for noncommercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than one (1) bushel of oysters from Town Waters in one (1) day for noncommercial purposes. The Trustees of the Town of Sollthold may estalllish, by resollltion, the limits on the nllffiber of eysters Yfflish may be harvestes for ssmmersial JlW'Jlases and noneolf1H1ercial JlW'Jlsses. /\ JlemlllRent resident, a taJcJlayer, a temJlorary resident or guest aeeomJlanies by a resident ma)' harvest oysters fsr nansaRllRersial JlllFj3ases in the quantities set by resallltian sf the Trustees. [}.mensed 77 1982 by 1.1. No.5 1982; I 21 1997 by 1.1. }Is. I 1997] Editer's Nate: Fermer Subseetian E, amenses 7 31 1973, which immediately f-ellaY/es this subseetisll and dealt with the amaHRt of oysters allowed to be taken from Town waters for eommereial pW'Jlases, 'Nas mJleales I 21 I 9978y 1.1. Ns. I 1997. E. Not more than two thousand (2,000) oysters may be contained or taken from Town Waters for commercial purposes in anyone (1) day by anyone (1) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) oysters in one (1) day from Town Waters for . . commercial purposes. ARTICLE III Other Marine Resources ~2l9-1H. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Enyironmental Conservation regulations. Bille claw crabs measuring less than five inches frem point to point of the llpper shell shalll'lst Be taken Hem the 'Naters efthe TswfI sf Sellthelcl. ~ /\. permanent resideat, a t&J(fla-yer, a teHlflerary resiEleBt af a guest aeeeITlpaniea by a peflflal'lent resiaent may I'Ist take msre than 1.'2 Bllshel of Bille claw cmbs Hem T eWfI waters in any el'le day for l'Iel'lcemrnercial pllrposes. [,"mended 7 7 19&2 BY L.L. Ne. 5 19&2] C. Female Bille claw crabs shall not Be taken frem the waters of the TS'NfI sf Selltheld. [Amel'leea 7 11 19&7 BY L.L. tie. 12 19&7] f)., Crab pets. Ns il'laiyidllal may set mere than elle crab pet, and each crab pet ana lllley shall haw affil,ea therete the il'ldiviaool's shellfish peflflit l'I11meer. [,^.aded 7 11 19&7by L.L. Ne. 12 19&7] ~219-114. Mussels. A. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain, in aggregate, not more than two bushels of mussels from Town Waters in one (1) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. ~219-13~. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. . . B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated bv New York State. ARTICLE IV Operational 9219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions ofthis aRieIe Chapter shall be immediately returned alive to the water in the immediate vicinity of where thev were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. 1l219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of anv channel svstem and the gear shall not impede navigation. 9219-~+. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and JlrsJlerly staked and notices posted by said Board of Trustees. In addition. shellfish shall not be taken from the following habitat sanctuarv zone in Hallock Bav. North of the line formed bv the following coordinates (excluding Little Bav); from a westerlv point at Lat 41 degrees 8 minutes 17.22 seconds N. Long 72 degrees 16 minutes 40.68 seconds W. for a distance 5.1 90 feet. S 81 degrees 10 minutes 8 seconds E. to an easterlv point at Lat 41 degrees 8 minutes 24 seconds N. Long 72 degrees 15 minutes 33.81 seconds W. Such sanctuarv area. depicted on a mapped image. shall be made part of all permits issued pursuant to this Chapter. &219-17. Planting of Shellfish Seed. Notwithstanding anv other provision of this Chapter, the Board of Trustees mav approve an organization plan for planting shellfish seed in Town Waters and upon approval. the Board of Trustees mav then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. 9219-18. Transplanting of shellfish. . . Notwithstanding any other provision ofthis lIftiele Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. 9219-19. Dredges and scrapes. Except as permitted by 9 219-~-WC of this lIftiele Chapter, the use of a dredge, ser!ljle, ell eel dredge, hvdraulic means or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters. Except as permitted by ~ 219 I QC of this article, the Hse of a dredge, SCFape, ell dredge er similar device towed by a beat eperatee by mecllanical pewer or ether means is prohibited in TO','ffl ?caters except by special permission of the Trustees for scientific study projects. 9219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of South old. &219-21. Aquaculture/Maraculture Exemption. The Board of Trustees mav grant an exemPtion or variance, in terms of permitted sizes, number and time periods of harvest. from the provisions of this Chapter for aquaculture/maraculture activities that are properly permitted by the New York Department of Environmental Conservation. 9219-22-1-. Penalties for offenses. ^ ~ .... A.&. E.G. D. .'\n-y person cenvicted of an effcnile against any pf(J'lision ef this article shall be deemed to haye coftllHittee a '1iolation again"t sach article and also shall be liable for any sHch effense or penalty theref-or. For every- each offense against any provision of this article Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days,eF both SHch fine and ilHJ3risenmeHt. A second conviction for an offense against any ofthe provisions of this article within a period of one year shall result in immediate revocation of their permit. shall constitHte ane effect an immeeiate forfeitare of a peflHit issaed to SHoh person. No new permit shall be issued to such person for at least one year after such forfeiture. f.HY person eommitting an offenile against this artiele shall be sabject to a ci'lil penalty eHferceable and collectible by the Town for each sach offense. SHoh . . penalty shall be eolleetible by amI in the name of the Town. C.B. In addition to the above-provided penalties and punishment, the Town Board may also maintain commence an action or proceeding in the name sf the TSWR in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this aFtieIe Chapter. &219-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions ofthis Chapter, and have the authoritv to issue violations of the provisions of this Chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect on January 1, 2008, after filing with the Secretary of State as provided by law. Dated: November 7, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON NOVEMBER 15. 2007, AND FORWARD ONE (!) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL. P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Attorney Trustees Town Board Members Town Clerk's Bulletin Board . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the B day of I\loo"I'I-I/oev ,2007, 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 South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Shellfish & other Marine Resources - December 4,2007 @ 7:45 pm ~40.J)~H(l/ lizabeth A. Neville Southold Town Clerk Sworn before me this ~"Y"f N~~b..... ,2007, / ;JLrv1~ ~otary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified In Suffolk County Term Expires March 6, 20-4- Southold Town Board - L-' I ' .. L. L.-- Board ~ting of November 7,2007 RESOLUTION 2007-864 ADOPTED Item # 24 DOC ID: 3297 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-864 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2007: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7th day of November, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" AND RESOLVED 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 4th day of December, 2007 at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard, The proposed Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. II. Chapter 219 of the Code of the Town of South old is hereby amended as follows: ARTICLE I Catehing of Shrimp [Adoptedlly B 29 1933] General Provisions ~219 I. Taking of shrimp by nonresidents prehibited. It shalllle unlawful f{'lr any person not a resident efthe To','m ef Sel!thold to take shrimp frem the waters efBrlIsh's Creek, 'Nilles Creek, De','ms Creek, James Creek, West Creek, Riehrnend's Creek, Cerey's Creek, Cedar Beach Creek, Geese Creele, Jeekey Creek, TO'o'm Creek, Mill Creek, Lang Creek, Budd's Pond, Dam Pond, Mattitllele Creek, Gelasmith's Creek, SquaGh Generated November 9, 2007 Page 30 Southold Town Board - Litr Board .eting of November 7,2007 Creek, 'Nie\di!lffi's Creek and Little Creek, Br ether ereel.s Br inland ',vaters '.vithin the beliBds ef said TBWROhip. g219~ 1. Residence requirements. Persons shall be deemed to be residents of the Town of South old at any given date, within the meaning of this lIftiele Chapter, when they shall have actually and continuously resided within the said Town for a period of at least silc (6) months sixty (60) days immediately preceding such date. g219-J Z. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. ~219 1. Penalties fer offenses. .^.ny yialatien of this artiele shall be slibjeet ta a penalty af nBI less than $5 !lar mere thall $199 and easts. :"-..'UICLB II Taking af 8hellfioh aIld Eels [:"-dapled by 6 23 1966] g219~ J Title. This lIftiele Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of Southold." g219-71. Definitions. For the purposes of this lIftiele Chapter, the terms used herein are defined as follows: AOUACUL TUREIMARICUL TURE - The cultivation. planting. containment or harvesting of products that naturally are produced in the marine environment. including fish. shellfish. crustaceans and seaweed. and the installation of cribs. racks and in-water structures for cultivating such products. but excluding the construction of any building. any filling or dredging or the construction of any water regulating structures. BOATNESSEL - Any floating obiect capable of carrying people as a means of transportation in water. including without limitation an aimlane capable oflanding on water. any floating structure not otherwise considered to be part of a dock structure as defined herein. with or without means of propulsion. which obiect can be moored independently or can be secured by any means to a piling. dock. bulkhead. groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters. which is commonly traversed by boat/vessel and is Generated November 9, 2007 Page 31 Southold Town Board - Llr Board _ting of November 7, 2007 designated by channel markers, including man-made or stabilized waterways designed for the navigation of boats/vessels. For the purpose ofthis Chapter, boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water by utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES - f.ny lIse er plIi'j3ese ether th(lll fer feed eenslIlflptien by the pemens taking the shellfish er by members ef s116h persen's hellseheld. Taking, containment or harvesting of shellfish or other marine resources to sell to a third party. CONTAINMENT - The placement and possession of shellfish in a basket, tub, bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationarv position, including without limitation pots, moorings, long line, hand line, weir nets, gillnets and traps. GUEST - A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by virtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish if no permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles and, conchs, channeled whelk and knobbed whelk. TAKING - The removal or harvesting of shellfish and other marine resources by any means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of Southold. Generated November 9, 2007 Page 32 Southold Town Board - LA Board _ting of November 7, 2007 TEMPOR.\RY RESIDENT f. person '.vho has oeellflied living Ej1lll!ters '.vithin the TO....ffl of SolltHsla ellfing the peRsa sf not less than seven days immediately preeeaing the date of his llJlplieatisn for a permit HerellHder. TO""}! W.'I. TERS .\11 waters aRe laads lIfIaer tide'l/ater in any harbor, bay or ereek, title to whieh and the right of fishing in whieh is vested in the Te','1fI of Soatheld and/or in tHe Boanl of Trustees of the Tovffl of SolitHold. TOWN WATERS - All the waters lving over Patent Lands. ARTICLE II Shellfish g219-& Q. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (I) Persons A;!ges 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license aHd will be at half the cost of a commercial license. The parents or guardian ofthe applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- teHlJlorary resident upon first obtaining a non- teHlJlorary resident shellfish permit therefor from the Town Clerk ofthe Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit tHerefor from the Town Clerk of the Town of South old. Such a permit shall be required for all persons ages 10 and older. Persons under the age of 10 mav take shellfish onlv when accompanied bv a valid permit-holder. and anv shellfish taken bv such child shall count toward the maximum dailv quantitv allowed in this Chapter for such permit-holder. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit tHerefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this aftiele Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this aftiele Chapter for such permanent resident. E. No person not a permaaent resideHt, a tallflayer, a teHlJlorary resiaeHt or a guest aeeompanied by a flermallsat resideat shall take shellfish in any manner at any Generated November 9, 2007 Page 33 Southold Town Board - L_r Board tlting of November 7, 2007 time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, fOillld aboard any hoat or ','essel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. @, Shellfish may he taken Hom Town watem for F!onsommersial pllFJlBses hy a permanent resident lHlder the age of 14 yeam \';ithol!t ohtaining a permit therefor. [,A,dded 7 7 1982 hy 1.1. No.5 19&2] ~219-91. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time bv resolution of the Town Board, upon recommendation bv the Board of Trustees. $2ll. Effeetive on and after January 1, 1991, the fee fer a eommereial shellfish peFffiit shall he $35. Such permit shall expire on December 31 of the year of its Issuance. B. The fee for a non- teHlJlorary resident shellfish permit shall be set from time to time bv resolution of the Town Board. upon recommendation bv the Board of Trustees. $1 (). Sutlh permit shall he issued only for the period of time that sueh temporary resideF!t otlell)'lies liying quarters within the TO'Nn of Sol!th.old. The non-resident permit shall expire on September 15 of the vear of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Effective on and afterJaBIlary I, 1991, the fee for sueh permit shall he-$5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him them on his their person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. ~219-W~. Scallops. A. The Trustees of the TOWF! of Southold may establish, hy resolution, the dates of the commercial and noncommereial seallop season eased on the en',iroBffiental and economic eonditions iF! offeet each year. [,A.meF!ded 9 6 1994 hy 1.1. No. 19 1994] Scallop season for residents and non-residents shall be set pursuant to New York State. as adopted bv Board of Trustee resolution. B. Subiect to the provisions of this section. during the first two weeks of Scallop season, harvesting in Town Waters shall be bv hand or with a scalp net onlv, During the first two weeks of Scallop season. harvesting in Town Waters shall be open to all permit holders, for the noncommercial limits set forth herein. During Generated November 9,2007 Page 34 Southold Town Board - LA Board .ting of November 7, 2007 the ReReeHlHlefeial seallefl seaDeR, Ret lIlefe thlHl 1/2 \,mshel ef seallefls lila)' be takeR Ham TaY;B watllfD iR any aRe say by hafts er with a sealflRet [."meRoeo 7 7 1982 by L.L. tie, 5 1982; 9 e 1991 by L.L. tie, 19 1991] C. Except as set forth above. d-9uring the commercial scallop season, scallops may be taken from Town waters with a dredge er serape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge ar serape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a temflefllfY non-resident or a guest,-wheIl accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day bv anv one (1) person. Two (2) or more persons occupving the same boat mav take. in the aggregate. not more than two (2) bushels of scallops in one (! ) dav for noncommercial purposes. fer ether thall eelllfllereial fllH'flases. [f.meaded 7 7 1982 by L.L. Ne. 5 1982] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunnse. G. Scallops shall not be taken from Town waters on Sundays ,meeflt by hlHld ar with a sealflRet bv uses of dredge or other power device. H, ORly seallefls meaDllriRg mere thlHl 2 1/1 iRehes frem the miodle ef the hiRge to the middle afthe billlllay be takeR frem Tawfl '""aters exesflt aD flT0vioeo below. f.meRdeo I 21 1997 by L.L. tie. 2 1997] H.-l. Scallops lIleasmiRg less thlHl 2 1/1 iRehss with all ar.llual grew'..fl liRe having an annual growth line and measuring not less than 2 \4" from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. ~219-l-+ 2. Clams. A. Hard clams less than one inch in thickness shall not be contained takeR Hem Ta'.Vfl watem and shall be subiect to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained takeR frolll Tewfl waters and shall be subiect to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial Generated November 9,2007 Page 35 Southold Town Board - La Board ating of November 7,2007 purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. ~219-H 10. Oysters. A. Oysters shall not be taken from Town waters during the period from May I to August 31 in each year, both dates inclusive. and shall be subiect to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunnse. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters. and shall be subiect to the requirements of Section 219- 14A. D. A permanent resident. a taxpayer. a non-resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from Town Waters for noncommercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (I) bushel of oysters from Town Waters in one (I) day for noncommercial purposes. The Trustees ofihe TO'.'ffl of Semheld may establish, by resolmien, the limits en the BlUBber ef e)'sters which may be har/ested fer eemmereial pHlJloses aHd neneemmercial plllJleses. /\ permaHent resident, a taJ(fla-yer, a tempeFary resideHt er gHest accempanied BY a resideHt may har/est eysters for noncommercial pHlJleses in the (jlla-Htities set BY resolmien ef the Trustees. [.^.mended 7 7 1982 BY 1.1. Ne. 5 1982; I 21 1997 BY 1.1. ~lo. I 1997] Editor's Note: Fermer SlIbsection E, amended 7 31 1973, which immediately fell owed this sllbsection and dealt with the amolHlt of oysters a1lswed te Be taken from Town waters for cemmereial pHfj3sses, was repealed I 21 1997 by 1.1. No.1 1997. E. Not more than two thousand (2.000) oysters may be contained or taken from Town Waters for commercial purposes in any one (I) day by any one (I) person. Two (2) or more persons occupying the same boat may take. in aggregate. not more than four thousand (4.000) oysters in one (I) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources ~219-11;. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Environmental Conservation regulations. Bille slaw craBs measllfing less than five inshes from poiHt to psiHt ofihe upper shell shall not be taken from the waters ef the T O'Nn of SOHtheld. B. .^. permanent resident, a taJ(payer, a temperar)' resident or a gHost assompa-nied BY Generated November 9, 2007 Page 36 Southold Town Board - L.r Board .ting of November 7, 2007 a flemlllflellt resideRt may Ret take mere dum 1/2 lmshel ef BIlle slaw crabs from TO'.'1fl waters iR any elle !lay fElr RBllselflHleraial flllFflBSBs. [".meRded 7 7 19&2 by 1.1. No.5 1982] C. female BIlle alaw Brabs shall nElt be taken from the waters of the TO'Nfl of Somhole. [".!HeRded: 11 19&7 by 1.1. Ne. 12 19&7] l), Crab flots. Ne indi',i!lllal may set mere tBaa eRe arab flot, !\Bd eaBh arab flet aHd baey shall h!l'ie afi'iJ(ed thecate the iRliii'/iellal's sbellfish flermit lRIIllber. [.^.deed 7 11 1987by 1.1. Ne. 12 19&7] g219-124. Mussels. A. A permanent resident, a taxpayer, a teHlflerary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupving the same boat may contain. in aggregate, not more than two bushels of mussels from Town Waters in one (I) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. g219-11~. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Operational g219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this !lftieIe Chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. Generated November 9, 2007 Page 37 Southold Town Board - Llr Board I:ting of November 7,2007 &219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of anv channel svstem and the gear shall not impede navigation. g219-16-7. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees afld properly staked and notices posted by said Board of Trustees. In addition. shellfish shall not be taken from the following habitat sanctuarv zone in Hallock Bav. North of the line formed bv the following coordinates (excluding Little Bav): from a westerlv point at Lat 41 degrees 8 minutes 17.22 seconds N. Long 72 degrees 16 minutes 40.68 seconds W. for a distance 5.190 feet. S 81 degrees 10 minutes 8 seconds E. to an easterlv point at Lat 41 degrees 8 minutes 24 seconds N. Long 72 degrees 15 minutes 33.81 seconds W. Such sanctuary area. depicted on a mapped image. shall be made part of all permits issued pursuant to this Chapter. &219-17. Planting of Shellfish Seed. Notwithstanding anv other provision of this Chapter. the Board of Trustees mav approve an organization plan for planting shellfish seed in Town Waters and upon approval. the Board of Trustees mav then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. g219-18. Transplanting of shellfish. Notwithstanding any other provision of this artiele Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators. economic factors or other detrimental causes. g219-19. Dredges and scrapes. Except as permitted by g 2l9-Ji-WC of this artiele Chapter, the use of a dredge, serape, ell eel dredge, hvdraulic means or similar device tO'Ned by a boat operated by mechanical power or other means is prohibited in Town waters. Elwept as permitted by ~ 219 10C of this artiele, the IIse of a dredge, serape, ell dredge Elr similar devie" towed by a boat operated by meehaHieal pO'Ner or ether meaflS is prohibited iH Town waters except by special permission ofthe Trustees for scientific study projects. Generated November 9,2007 Page 38 Southold Town Board - Le. Board .ting of November 7, 2007 ~219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. &219-21. AQuaculture/Maraculture Exemption. The Board of Trustees mav grant an exemption or variance. in terms of permitted sizes. number and time periods of harvest. from the provisions of this Chapter for aQuaculture/maraculture activities that are properlv permitted bv the New York Department of Environmental Conservation. ~219-22-l-. Penalties for offenses. f.. ,^JlY pemon eon'iietee ef an offellse against any prevision of this artiele shalll3e eeemee to have eommittee a violatisll agaillst slloh artiele ane also shalll3e liaBle for any sHeh offellGe er penalty tfterefor. A.B. For every- each offense against any provision ofthis artiele Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days~ both slIeh Hne ane imprisoBffiellt. ~.G. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall eOllstitllte anB effest all immeeiate ferfeiture of a permit isslleB te slIoh person. No new permit shall be issued to such person for at least one year after such forfeiture. D. ,'\fly persen eeffiffiitting an offellse against this artiele shalll3e sllbjeet te a oi'lil pellal!)' enforeeaBle ane sollestil3le l3y tfte Tovffl for eaeh slieh effense. SlIeh pellal!)' shall be eelleetil3le 13)' ane in tfte llaHle of the Tewll. C.K In addition to the above-provided penalties and punishment, the Town Board may also mailltain commence an action or proceeding in the naHle efthe TewR in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this aFlieIe Chapter. &219-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions of this Chapter. and have the authoritv to issue violations of the provisions of this Chapter. III. SEVERABILITY Generated November 9, 2007 Page 39 Southold Town Board - Llr Board I:ting of November 7, 2007 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect on January I, 2008, after filing with the Secretary of State as provided by law. ,rrR~Cl.2:;k";'1.. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated November 9,2007 Page 40 PATRICIA A. FINNEGAN . TOWN ATTORNEY patricia.finnegan@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.montefusco@town.80uthold.ny.us . SCOTI' A. RUSSELL Supervisor KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town HaIl Annex, 54375 Route 25 P.O. Box II 79 Southold, New York II97I-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: August 23, 2007 Subject: Local Law/ Shellfish and Other Marine Resources For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also attached is a copy of the resolution authorizing Scott to sign this document. If you have any questions, please do not hesitate to call me. Thank you for you r attention. Ilk Enclosures cc: Members of the Town Board (w/encls.) Mr. Mark Terry, Acting Department Head, Planning Dept. (w/encls.) Patricia A. Finnegan, Esq., Town Attorney (w/encls.) ~. .' " 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . . PART I - PROJECT INFORMATION (To be completed by A PPlicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of South old Town Board Chapter 219, Shellfish and Other Marine Resources Amendments 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town of South old 5. PROPOSED ACTION IS: o New D Expansion o Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: The proposed action is amending Chapter 219, Shellfish and other Marine Resources of the Town of Southold Town Code. 7. AMOUNT OF LAND AFFECTED: Uttimately NA Initially 1''11\ acres acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? IZJYes DNa If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? o Residential D Industrial D Commercial o Agriculture o Park/Forest/Open Space IZJ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes [{) No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes [{) No If Yes, list agency(s) name and permit/approvals: ( 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL R~UIRE MODIFICATION? DYes IZJ No I CERTIFY THAT:2iION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Scott Russell, S rvlsor Date: August 14, 2007 Signature: . ~ ~~./ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with tflis assessment OVER 1 PARt II - IMPACT ASSESSMENT com leted b Lead A enc A. DDES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes [{] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes [{] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWiNG: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? DYes [ZJ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes [{] No If Yes, explain briefly: PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (fj magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ali relevant adverse impacts have been identified and adequately addressed. If question 0 of Part II was checked yes, the determination of significance must evaluate the potential impact olthe proposed action on the environmental characteristics olthe CEA o o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board August 14, 2007 Scoll Russell Print or Type Na Date Supervisor Title of Responsible Officer ignature of Prepare . . tf~ ., RESOLUTION 2007-692 ADOPTED DOC ill: 3115 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-692 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON AUGUST 14, 2007: RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A Local Law in relation to Shellfish and Other Marine Resources" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of South old hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated August 13, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. I'trU;fa~~ftL.. Elizabeth A. N evilIe Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Scott Russell SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Southold Town Board - L!Pr Boar!eeting of A~gust 14, 2007 RESOLUTION 2007-692 ADOPTED Item # 21 DOCID:3115 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-692 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14,2007: RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A Local Law in relation to Shellfish and Other Marine Resources" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated August 13, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. ~a~Ci.~~J,. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Scott Russell SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 15, 2007 Page 27 . Southold Town Board - Letter . Board Meeting of August 14,2007 ~-- '------ RESOLUTION 2007-693 TABLED Item # 22 DOC ID: 3120 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-693 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14,2007: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of July, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Law at which time all interested persons were given an opportunity to be hear, now therefor be it RESOLVED that the Town Board of the Town of South old finds that this Local Law is CONSIST ANT with the L WRP and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources" which reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of South old. 11. Chapter 219 of the Code of the Town of South old is hereby amended as follows: ARTICLE I CatehiRg of Shrimp [<,\depted by a 29 1933] General Provisions ~219 1. TakiRg ef shrimp by Rtmresidems prohibited. It shall be IIRlawful fer aHY perseR Ret a resideRt efthe TewfI ef Selltheld te take shrimp frem the waters efBfIIsh's Creek, Willes Creele, Dewfls Creek, James Creek, West Creele, RiehmeRd's Creek, Cerey's Creek, Cedar Beaeh Creek, G€!ese Creek, Joekey Creele, TewfI Creek, Mill Creek, LORg Creek, Blldd's Pond, Dam. Pend, Mattituele Creek, Goldsmith's Creek, Stjllash Creek, Wickham's Crecle aHd Little Creele, er ether creeks er inlaHd waters withiR the bellRds €If Generated August 15, 2007 Page 28 Southold Town Board - Llr BoarAeeting of August 14,2007 said TownDhip. ~219~ 1. Residence requirements. Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this llftieIe Chapter. when they shall have actually and continuously resided within the said Town for a period of at least SiJl (6) mantas sixty (60) dayS immediately preceding such date. ~219~~. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. ~219 4. Penalties far affenses. fJlY vialatian afthis artiele shall be salljeet ta a penalty afnet less tflBR $5 nef mere tflBR $100 and eests. ,^.RTlCLE 11 Tailing sf Saellfisli BRd Eels [.^.depted by 6 23 1966] ~219-~ 1. Title. This llftieIe Chapter shall be known as the" Shellfish and Other Marine Resources Law of the Town of South old." ~219-+ 1. Definitions. For the purposes of this llftieIe Chapter, the terms used herein are defined as follows: AOUACUL TUREIMARlCUL TURE - The cultivation. planting. containment or harvesting of products that naturally are produced in the marine environment. including fish, shellfish, crustaceans and seaweed. and the installation of cribs. racks and in-water structures for cultivating such products, but excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. BOATNESSEL - Any floating obiect capable of carrying people as a means of transportation in water. including without limitation an airplane capable oflanding on water, any floating structure not otherwise considered to be part of a dock structure as defined herein. with or without means of propulsion. which obiect can be moored independently or can be secured by any means to a piling. dock. bulkhead. groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters. which is commonly traversed by boat/vessel and is designated by channel markers. including man-made or stabilized waterways designed for the Generated August 15,2007 Page 29 . Southold Town Board - Letter . Board Meeting of August 14,2007 navigation of boats/vessels. For the purpose of this Chapter. boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water bv utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES - .^.ny use or pur-pose other than for footi eOllsHffijltioll BY the persolls takillg tfte shellfish or by memBeFs of slleh persoll's hOllseaelti. Taking, containment or harvesting of shellfish or other marine resources to sell to a third partv. CONTAINMENT - The placement and possession of shellfish in a basket, tub. bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationary position, including without limitation pots. moorings. long line, hand line, weir nets, gillnets and traps. GUEST - A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs. horseshoe crabs. eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title bv the Town of Southold Board of Trustees bv virtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of South old during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish if no permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles ana, conchs, channeled whelk and knobbed whelk. TAKING - The removal or harvesting of shellfish and other marine resources bv any means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of Southold. Generated August 15,2007 Page 30 Southold Town Board - Llr Boartteeting of August 14,2007 TEMPOR..\RY RESIDENT ... perseR '.vhe has oesliflied liyiRg (j:llaI'ters withiR the TewfI ef Seathold dwiRg the penea efRet less thllB seveR aays immediately presediRg the date efhis applisatiefl fer a permit herellHder. TOWN W A TBRS ".II '.vaters llBd laDds lIHder tidewater iR aD)' haffier, bay er sreek, title te whish llBd the right ef Hshing iR whieh is vested iR the TowfI of Soatheld llBdler iR the Board of Trustees of the TowR of Soatheld. TOWN WATERS - All the waters Iving over Patent Lands. ARTICLE II Shellfish 9219-& Q. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (1) Persons AMes 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license aHd will be at half the cost of a commercial license. The parents or guardian of the applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- temporary resident upon first obtaining a non- temporaT)' resident shellfish permit therefor from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit theref-or from the Town Clerk of the Town of South old. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this artiele Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this artiele Chapter for such permanent resident. E. No person Ret a permaneHl resident, a ta)[payer, a temperaT)' resideRt er a gaest aeeompamed b)' a permaRent resideRt shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or ofless size than that, set forth in this Chapter, fe\lRd abeard aDY beat er vessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. @.. Shellfish may be takeR frem Town waters for HlJR60mmercial parposes by a Generated August 15, 2007 Page 31 . Southold Town Board - Letter . Board Meeting of August 14,2007 pe_lIIleat resideBt Wlder the age of 11 years withollt abtaiaiag a po_it theref-er. [.^.dded 7 7 1982 BY L.L. ~Io. 5 1982] g219-9 Z. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time bv resolution of the Town Board, upon recommendation bv the Board of Trustees. $2ll. Effeetive oa and after Janllary 1, 1991, the fee far a eommereial shellfish pemrit shlli1 Be $35. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non- teffijlaFllfY resident shellfish permit shall be set from time to time bv resolution of the Town Board. upon recommendation bv the Board of Trustees. $j(). SlIch po_it shall Be isslled aaly far the periad of time that slleh te!BJlarary resideBt oeellpies li'/iag qllarters withia the Ta'.YB af SouthaM. The non-resident permit shall expire on September 15 of the vear of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Effeetive oa and after JlIIlllar)' 1, 1991, the fee for slleh peFl1lit shall be-$5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. g219-M~. Scallops. A. The Trustees of the TO'NB of SOllthold may estaBlish, BY resollltioa, the dates of the eommereial aBd aoaeommereial seallop seasoa Based oa the eaviremeatal and eeoaomie eoaditioas ia effeet eaeh year. [.^.meaded 9 6 1991 BY L.L. No. 19 1991] Scallop season for residents and non-residents shall be set pursuant to New York State, as adopted bv Board of Trustee resolution. B. Subiect to the provisions of this section, during the first two weeks of Scallop season. harvesting in Town Waters shall be bv hand or with a scalp net only. During the first two weeks of Scallop season, harvesting in Town Waters shall be ooen to all permit holders, for the noncommercial limits set forth herein. DllriRg the aoaeomIBereial seallop seaseR, Bet more thllll 1/2 Bushel of sealleps may Be takea from TOWB waters ia any eRe day BY haBd or v,ith a sealp Ret. [.^.rneaded 7 7 1982 by L.L. No.5 19&2; 96 1991 by L.L. No. 19 1991] C. Except as set forth above, dguring the commercial scallop season, scallops may be taken from Town waters with a dredge or scrape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a Generated August 15,2007 Page 32 Southold Town Board - Llr Boartteeting of August 14,2007 te1'Rflemry non-resident or a guest,-wfieft accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day bv any one (I) person. Two (2) or more persons OCCUpying the same boat may take, in the aggregate, not more than one (1) bushel of scallops in one (1 ) day for noncommercial purposes. fer ether than eemmereial p1ll'jleses. [.^.meRaed'7 7 1982 by 1.1. 1-Ie. 5 1982] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays e)(eept by RaBEl er with a sealp Ret bv uses of dredge or other power device. ~ ORly sealleps mellSlIfing mere thlHl2 1/4 iRehes frem the middle eftRe hinge te the middle efthe bill may be takeR frem Te'ufl 'l.'llters eReept as prBvided belew. .^.meflded I 21 1997 by 1.1. 1'18. 2 1997] H.-J. Scallops measl!fing less thlHl 2 1/4 ifleRes ',vith aft anaual grewtR liRe having an annual growth line and measuring not less than 2 'I." from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. 9219-++ 2. Clams. A. Hard clams less than one inch in thickness shall not be contained takeR frem Tevffl waters and shall be subiect to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained takeR Hem T eVffl '.vaters and shall be subiect to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a tamperaT)' non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. 9219-~ lQ. Oysters. Generated August 15,2007 Page 33 . Southold Town Board - Letter . Board Meeting of August 14,2007 A. Oysters shall not be taken from Town waters during the period from May I to August 31 in each year, both dates inclusiye. and shall be subiect to the reQuirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunrise. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters. and shall be subiect to the reQuirements of Section 219- 14A. D. A permanent resident. a taxpayer. a non-resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from T own Waters for noncommercial purposes in anyone (I) day by anyone (I ) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (I) bushel of oysters from Town Waters in one (I) day for noncommercial purposes. The Tmstees ef the Te....'R ef SeHtheld may establish, BY resellltien, the limits en the _Ber ef eysters whieh may Be hft-lyested fer eemmereial pW'Jleses allEl nensemmereial p1lrpese~. .\ perma-nellt resident, a tlllEjlayer, a temjleral'Y residellt er gllest assempa-nied BY a resident may harvest eysters fur nensemmereial pllFjle~es in the E111a!ltitie~ set BY resellitien ef the Tru~tees. [1' .mendea 7 7 1982 BY L.L. Ne. 5 1982; I 21 1997 BY L.L. Ne. I 1997] Baiter's Nete: Fermer SlIBseotien B, llHlended 7 31 1973, '...hieh immeaiately fellewoa this sooseotien and dealt with the ft-IHellnt ef eysters allewed te be taken frem Town waters fer eOH1IHercial pllrpeses, wa~ repealed I 21 1997 BY L.L. }~e. I 1997. E. Not more than two thousand (2.000) oysters may be contained or taken from Town Waters for commercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take. in aggregate. not more than four thousand (4,000) oysters in one (I) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources ~219-11;l. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Enyironmental Conservation regulations. Bille alaw erabs measaring less tha-n fi-,'e inehes frem peint te jleint ef the lipper shell shall net Be tal,en frem the waters efthe Town efSelitheld. B... .^. permanent resident, a taxpayer, a temjlerary resident er a gllest aaaempilBied BY a perma-nellt resident may net take mere tha-n 1/2 Bllshel ef Bille slaw erabs frem TewR waters in a-ny ene day for nellsemmereial p1lfjleses. [.A.mended 7 7 1982 by L.L. No.5 1982] C. Female bllle slaw crabs shall net be taken from the '...atem efthe Tewll ef Sellthelri. [.^.mended 714 1987 BY L.L. Ne. 121987] I* Crab pets. ]>Ie indi-lidllal may set mere than ene crab jlet, !Ifld oaeh crab pet and Blley shall have affi)(ed therete the individllal's shellfish permit nllmber. [.\dded Generated August 15, 2007 Page 34 Southold Town Board - L.r BoarAeeting of August 14,2007 7 I4 1987By L.L. Na. 12 19&7] 9219-124. Mussels. A. A permanent resident, a taxpayer, a teHlflorary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain. in aggregate. not more than two bushels of mussels from Town Waters in one (I) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may take contain. in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. 9219-I3~. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than fiye eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by N ew York State. ARTICLE IV Operational 9219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the proyisions of this llftieIe Chapter shall be immediately returned aliye to the water in the immediate yicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. &219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of any channel system and the gear shall not impede navigation. 9219-lQ1. Restricted areas. Generated August IS, 2007 Page 35 j . Southold Town Board - Letter . Board Meeting of August 14, 2007 Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees allEl prellerly staked and notices posted by said Board of Trustees. &219-17. Planting of Shellfish Seed. Notwithstanding anv other provision of this Chapter. the Board of Trustees may approve an organization plan for planting shellfish seed in Town Waters and upon approval. the Board of Trustees may then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. ~219-18. Transplanting of shellfish. Notwithstanding any other provision of this IIftiele Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators. economic factors or other detrimental causes. ~219-19. Dredges and scrapes. Except as permitted by ~ 219-Ji-WC of this IIftiele Chapter, the use of a dredge, scrape, ell eel dredge, hydraulic means or similar device towee BY a Boat operated by mechanical power or other means is prohibited in Town waters. Elwellt as permittee BY ~ 219 10C of this article, the Hse of a sredge, scrape, ell sredge or similar device towed BY a Boat operated BY mechanical power or other me8flS is prohiBited in Town waters except by special permission of the Trustees for scientific study projects. ~219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of South old without prior written approval by the Board of Town Trustees of the Town of Southold. &219-21. AQuaculture/Maraculture Exemption. The Board of Trustees may grant an exemption or variance. in terms of permitted sizes. number and time periods of harvest. from the provisions of this Chapter for aQuaculture/maraculture activities that are properly permitted by the New York Department of Environmental Conservation. ~219-22+. Penalties for offenses. .\. .\ny porson convicted of an offense against 8flY provision of this article shall Be seemed to have committed a violation againGt slleh article and also sRall Be liable Generated August 15,2007 Page 36 -l Southold Town Board - Ltlr Boartleeting of August 14,2007 for any slleh offense or peaalty therefor. A.s' For twefj'- each offense against any provision of this artiele Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days~ both sueh fiRe ana iHlj3risonmeRt. B.G. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall eOllstlMe Ma effeet an immeaiate forf-eiture of a permit issuee to sueh persoll. No new permit shall be issued to such person for at least one year after such forfeiture. D. AR)' peF[)OIl eommittiRg an offease agaiR[)t this artiele shall be subjeet to a eivil pellalty eRforeeable ane eolleetible by the TO'NIl for each sueh off-eRse. Sueh pellalty shall be eolleetible by and iR the Rame of the Tewll. C.g, In addition to the above-provided penalties and punishment, the Town Board may also maiRwll commence an action or proceeding iR the RarIle of the Towll in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this artieIe Chapter. &219-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions of this Chapter. and have the authority to issue violations of the provisions of this Chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part ofthis Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. /'1~U'fC1.lf~'tL.. Elizabeth A. Neville South old Town Clerk RESULT: TABLED [UNANIMOUS] Next: 8/28/20077:30 PM MOVER: Thomas H. Wickham, Scott Russell SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 15,2007 Page 37 RE: VI. 2 PUBLIC HEARING Shellfish 8/14/07 4:40 PM .COUNTY OF SUFFOL~ RECEIVED ~t ~ j/'l . AUG 1 3 2007 STEVE LEVY SUFFOLK COUNTY EXECUTIVE Soufhol~ Toll'll Clert DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING August 8, 2007 Ms. Elizabeth Neville, Town Clerk Town of South old 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Resolution No. 2007-624 "Amendments to Shellfish and Other Marine Resources" Dear Ms. Neville: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction bfthe Suffolk County Planning Commission. Very truly yours, APF:cc LOCATION H.LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (6311853-5190 TELECOPIER 631) 853-4044 PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.BOuthold.ny.us . . SCOTT A. RUSSELL Supervisor KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.BOuthold.ny.uB Town Hall Annex, 54375 lWute 25 P.O. Box 1179 Southold, New York 11971-0959 LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.montefusco@town.BOuthold.ny.us Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Lydia Tortora From: Lynne Krauza Secretary to the Town Attorney Date: August 15, 2007 Subject: Local Law/Shellfish and Other Marine Resources I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also attached. In this regard, kindly have Scott sign this form where indicated and return it to me for handling. I will make certain that Betty receives the executed original for her records. Thank you for your attention. If you have any questions, please do not hesitate to call me. Ilk Enclosures ~ cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) ~ 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . . PART I - PROJECT INFORMATION ITo be completed bv A IPlicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of South old Town Board Chapter 219, Shellfish and Other Marine Resources Amendments 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.. or provide map) Town of Southold 5. PROPOSED ACTION IS: o New D Expansion [{] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: The proposed action is amending Chapter 219, Shellfish and other Marine Resources of the Town of Southold Town Code. 7. AMOUNT OF LAND AFFECTED: Ultimately NA Initially "A acres acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [{] Yes o No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? o Residential o Industrial D Commercial D Agriculture o Park/Forest/Open Space [{] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes [{] No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes [{] No If Yes, list agency(s) name and permit/approvals: ( 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL R~UIRE MODIFICATiON? DYes [{] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appticantlsponsor name: Scott Russell, Supervisor Date: August 14, 2007 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 . . PART II - IMPACT ASSESSMENT T com leted b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617,4? If yes, coordinate the review process and use the FULL EAF. DYes [{] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes [{] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITiCAL ENVIRONMENTAL AREA (CEA)? DYes [{] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes 0 No If Yes, explain briefly: PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, detenmine whether it is substantial, large, important or otherwise significant. Each effect shouid be assessed in connection with its (a) setting (i.e. urban or rural); (b) probabiiity of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact ofthe proposed action on the environmental characteristics ofthe CEA. o o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Soul hold Town Board August 14, 2007 Name of Lead Agency Date Scott Russell Print or Type Name of Responsible Officer in Lead Agency Supervisor Title of Responsible Officer Signature of Responsible Officer in Lead Agency -. Signature 0 Prepare . . OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Scott Russell, Supervisor Members of the Town Board ,/ J From: Mark Terry, Principal Planner \ l L WRP Coordinator ' Date: July 17, 2007 Re: Request for Local Watemont Revitalization Program Consistency Determination for amendments to Chapter 219 Shellfish and Other Marine Resources Code. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed changes are CONSISTENT with the LWRP provided that the following policy standards are achieved to the greatest extent practical: It is recommended to further the intent of the L WRP Policies 6 and 11 that known eelgrass (Zostera marina L) beds are designated as spawner sanctnaries pursuant to Chapter 275 Wetlands and Shoreline. It is further recommended that the raking of hard clams or any other action that results in the death or dislodgement of eelgrass plants from the substrate be strictly prohibited. Chapter 275 defines a "Spawner Sanctuary" as "An area of bottom designated by the Trustees for the purpose of protecting and enhancing shellfish populations for a specific period oftime". The applicable policies and sub policies are outlined below: Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: I. Physical loss of ecological components Physical loss is often the most obvious natural resource impairment to identify. It usually results from discrete actions, such as filling or . . 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. 3. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. The raking of hard clams in known eelgrass beds breaks root strnctures causing the eelgrass plants to dislodge from the substrate and eventually die. The action results in the physical loss of ecological components. B. Protect and restore ecological quality by adhering to the following measures. I. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. 3 . Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. 4. Maintain ecological integrity of particular locales by mamtammg structural and functional attributes, including normal variability, to provide for self-sustaining systems. . . 5. A void permanent adverse change to ecological processes. It is widely known that the Peconic Estnary (PEP) provides important habitat, as well as spawning and nnrsery grounds, to a wide variety of marine organisms-most notably shellfish, such as bay scallops, hard clams, and fish, such as, Atlantic silverside, scup (also called porgy), summer flounder (also called fluke), winter flounder, weakfish and tautog. The PEP recognizes that some of the most important underwater habitats of the estuary are the meadows of eelgrass found along the eastern end of the Peconic Estuary. These eelgrass beds provide food, shelter, and nursery grounds to marine animals, stabilize the bay bottom and are an important component of the nutrient cycle in the estuary. Eelgrass beds provide shelter and food for a variety of juvenile finfish and shellfish as well as many other invertebrates. Shelter is provided not only by the actual structure of the eelgrass blades but also by the fact that eelgrass beds dampen currents, resulting in a low velocity zone among the blades. Food for the resident species is provided by epiphytes and their associated grazers on grass blades as well as increased suspended material which falls to the bottom as a result of the slow currents within the beds. These rooted plants also stabilize the underlying substrate and prevent scouring and erosion. Critical areas for eelgrass are currently considered to be all those areas where this species currently exists. Together with the Peconic Estuary Program, the Town of Southold Local Waterfront Revitalization Program recognizes that eelgrass is an especially important habitat for the bay scallop (Argo pectin irradins), which historically has been an important commercial resource in the Peconic Estuary. Eelgrass may be removed from an area by natural and human disturbances of varying scale and frequency. Natural disturbances include disease, catastrophic storms, periodic storms, sediment transport, ice damage, and grazing pressures. Human disturbances include physical disturbances (dredging, groin construction, shellfishing, propeller damage), toxic pollution, and degradation of water transparency from nutrient enrichment, topsoil runoff, and activities that re-suspend sediments. The two principal human disturbances affecting eelgrass growth is declining water quality and physical disturbance. In 1995 Cashin Associates identified that "human activities recently have also exhibited a strong influence on the patterns of eelgrass distribution and abundance" Nutrient loading to surface water, due primarily to storm water runoff and sewage emuent, can spur phytoplankton growth. Excessive growth or "blooms" of . . phytoplankton rednce the water colnmn transparency and so decrease the amonnt of light penetration to a level that eelgrass beds are unable to survive. Elevated nutrient levels can also lead to macroalgae domination and excessive epiphyte growth, both of which can impair the ability of eelgrass to survive. The nitrogen loading in the Peconic Bay is still problematic. lu a recent published report titled "Total Maximum Dailv Loads for Nitroeen in the Peconic Estuarv Proeram Studv Area. Includine Waterbodies Currentlv Impaired due to Low Dissolved Oxveen: the Lower Sawmill Creek: and Meetinehouse Creek. Terrv Creek and Tributaries (Julv 18. 2007)" high nitrogen level have been linked to algal blooms which result in low dissolved oxygen conditions and snbsequent shellfish and fish die offs in the estuary. The Cornell Cooperative Extension website, Seagrassli.com, identifies threats to eelgrass as wasting disease, brown tide, macroalgal blooms, bioturbation, climatoligical change and anthropogenic activities (boating, hardened shorelines and shellfishing). The site confirms that recreational clammers and commercial baymen have been observed digging clams in eelgrass meadows. However, in most cases, the damage done by casnal clamming is minor and, given time, the meadow will repair itself. Conversely, chronic clamming in areas will eventually overwhelm the population's ability to regenerate the meadow and the population decline or disappear totally. 11.1 Ensure the long-term maintenance and health of living marine resources. A. Ensure that commercial and recreational uses of living marine resources in the Town of Southold are managed in a manner that; I. places primarv importance on maintainine the lone-term health and abundance of marine fisheries. 2. results in sustained useable abundance and diversity of the marine resource, 3. does not interfere with population and habitat maintenance and restoration efforts, 4. uses best available scientific information in managing the resources 5. minimizes waste and reduces discard mortality of marine fishery resources, 6. restricts commercial and recreational activities. includine the use of certain eear types. eear sizes and practices that have neeative impacts on marine habitats. B. Protect and manage native stocks and restore sustainable populations of indigenous fish and wildlife species and other marine living resources. The protection of native stocks includes protecting the genetic integrity of recognizable native populations that can be placed at risk by inappropriate stocking. Native stocks also need to be protected from adverse impacts due to introduction of non-indigenous species. . . C. Foster the occurrence and abundance of the Town's marine resources through: I. protection of spawnin!! !!rounds. habitats. and water Qualitv. 2. enhancement and restoration of fish aud shellfish habitat. 3. the prevention of over-fishing. Article IV - Operational, Section 219-14; Culling shellfish and restoration of underwater lands: requires that "all lands under town waters disturbed by the taking of shellfish be restored to their condition prior to the taking of such shellfish by the person taking snch shellfish". This reqnirement is difficnlt and impractical. The restoration of areas, including eelgrass beds is a long term endeavor based upon intensive management and monitoring. Avoidance of such areas is the most practical, enforceable application that will protect the spawning areas and meet the above policies. The proposed amendments of Chapter 219 will maintain long term shellfish populations through numerical harvest controls that can be taken from Town waters. However, the amendments fail to protect important habitat areas of ecological significance. The establishment of "Spawner Sanctnaries" in areas where known eelgrass beds exist would further Policies 6 and 11 of the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. CC: Town of Southold Board of Trustees Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney John Sepenoski, Chair, L WRP Coordinating Council RE: VI. 2 PUBLIC HEARl' Shellfish 8/14/07 4:40 PM . COUNTY OF SUFFOLK RECEIVED . AUG 1 3 2007 STEVE LEVY SUFFOLK COUNTY EXECUTIVE Sou,hol~ TOWll Cler1 DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING August 8, 2007 Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Resolution No. 2007-624 "Amendments to Shellfish and Other Marine Resources" Dear Ms. Neville: Pursuant to Sections A 14-14 to 23 ofthe Suffolk County Administrative Code, the above referenced application is not within the jurisdiction ofthe Suffolk County Planning Commission. Very truly yours, Andrew P. Frel ng, Chief Planner APF:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 . (631) 853-5190 TELECOPIER 631) 853-4044 . 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 (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD Andy Freleng Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: July 19,2007 2007-624 regarding in relation to and Other Marine of the Town of Re: Resolution No. proposed Local Law "Amendments to Shellfish Resources" of the Code Southold Transmitted is the proposed Local Law in Relation to Amendments to Shellfish and Other Marine Resources of the Code of the Town of Southold. Please review and prepare an official report defining your department's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. The date and time of the public hearing is 4:40 PM Tuesday, August 14, 2007. Should you have any questions, please do not hesitate to contact me. Thank you. Enclosure wlo enclosure cc: Town Board Town Attorney ~{r~ Elizabeth A. Neville Southold Town Clerk . . . RESOLUTION 2007-624 ADOPTED DOC ID: 3061 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-624 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17,2007: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 1 ih day of July, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of August, 2007, at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. II. Chapter 219 ofthe Code of the Town of Southold is hereby amended as follows: ARTICLE I Catching sfShriffij3 [:\dsjltee by /) 29 1933] General Provisions ~219 1. Taking ofshriffijl by nonre5ident5 jlrsflibitea. Resolution 2007 -624 . .d Meeting of July 17, 2007 It sliftll be tIfIlawful fer any perseR Het a resideftt efthe TewR af Salltheld te take shriffijl freIR the waters ef Brosh's Creek, Willes Creek, DewRs Creek, lllffies Creek, West Creek, Riebm.aHd's Creek, Carey's Creek, Cedar HeaeR Creek, Geese Creek, leekey Creek, Tavffl Creek, Mill Creek, LaRg Creek, Hood's PORd, DIlIR PaRd, MattitHek Creek, GeldolRith's Creek, Slj:lIash Creek, Wielffiam's Cr-eek aad Little Creek, er ether ereeks er iHland ',vaters \\ithiR the bellflds ef said TewRship. S219~ 1. Residence requirements. Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this aftiele Chapter, when they shall have actually and continuously resided within the said Town for a period of at least sile (6) IRaatfls sixty (60) davs immediately preceding such date. S219..J 1. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. ~219 4. Pelllllties fer affeHses. }\RY vielatioR ef this artiele shall be slffijeet te a peHalty ef Ret less thllR $5 Hor IRere thllR $100 and eests. f.RTICLE II TakiRg ef Shellfish IlHd Eels [.^.dapted by 6 23 1966] S219~ 1. Title. This aftiele Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of South old." S219-7 ~. Definitions. For the purposes of this aftiele Chapter, the terms used herein are defined as follows: AOUACU L TUREIMARlCUL TURE - The cultivation, planting. containment or harvesting of products that naturallv are produced in the marine environment. including fish. shellfish. crustaceans and seaweed. and the installation of cribs. racks and in-water structures for cultivating such pruducts. but excluding the construction of anv building. anv filling or dredging or the construction of anv water regulating structures. BOATNESSEL - Anv floating obiect capable of carrying people as a means of transportation in water. including without limitation an airplane capable oflanding on water. anv floating structure not otherwise considered to be part of a dock structure as defined herein. with or without means of propulsion. which obiect can be moored independentlv or can be secured bv anv means to a piling. dock. bulkhead. groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterwav with well-defined banks presenting the evidence of the flow of tidal waters. which is commonlv traversed bv boat/vessel and is designated bv channel markers. including man-made or stablilized waterwavs designed for the Updated: 7/18/200711:47 AM by Lynda Bohn Page 2 ResQlutiQn 2007-624 . B_ Meeting Qf July 17,2007 navigatiQn QfbQats/vessels. FQr the purpQse Qfthis Chapter. bQat basins and bathing areas are included within this definitiQn. CHURNING - The remQval Qf shellfish frQm lands belQw average lQW water by utilizing a propwash frQm a skip-mQunted QutbQard mQtQr. COMMERCIAL PURPOSES fJPf lise er /lli!'flsse ether thaa fer fQed eQnslHllfltien ily the /lersens taking the shellfish er ily memilers sf slieh /lersen's heliseheld. Taking. cQntainment Qr harvesting Qf shellfish Qr Qther marine reSQurces tQ sell tQ a third party. CONTAINMENT - The placement and PQssessiQn Qf shellfish in a basket. tub. bag. Qr any Qther type Qf cQntainer. CULLING - Separating shellfish Qr Qther marine reSQurces accQrding tQ size. EE L - The American eel. FIXED GEAR - Fishing equipment that is set in a statiQnarv pQsitiQn. including withQut limitatiQn PQts. mQQrings. lQng line. hand line. weir nets. gillnets and traps. GUEST - A persQn whQ tempQrarily Qccupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs. hQrseshQe crabs. eels and mussels. NON-RESIDENT - One whQ dQes nQt reside in the TQwn Qf SQuthQld. PATENT LANDS - All uplands and underwater lands Qwned in fee title by the TQwn Qf SQuthQld BQard QfTrustees by virute Qfthe AndrQs Patent. PERMANENT RES IDENT - A persQn whQ has maintained a permanent dwelling within the TQwn Qf SQuthQld during the periQd Qf nQt less than 60 days immediately preceding the date Qf his applicatiQn fQr a permit hereunder, Qr the date Qftaking shellfish ifnQ permit is required. SCAP NET - A hand-Qperated net attached tQ a handle with an Qpening across the mQuth Qf nQ mQre than 14 inches. SHE LLFISH - Clams, scallQPs, Qysters, blue claw crabs, mussels, periwinkles lIfl4 , cQnchs, channeled whelk and knQbbed whelk. TAKING - The remQval or harvesting Qf shellfish and Qther marine reSQurces by any means. TAXPAYER - A persQn whQ Qwns real property as shQwn Qn the assessment rQll Qf the TQwn Qf SQuthQld. TEMPOR.'\RY RES IDBNT .^. /larsen whe has eeellj3ied living '1liarters within the Tewil ef Semheld dllring tAe /leried of net less than seveR days immediately /lreeeding the date ef his Updated: 7/18/2007 11 :47 AM by Lynda BQhn Page 3 Resolution 2007-624 afll3lieatieR for a l3ermit herelolFlaer. . ad Meeting of July 17, 2007 TOWN W.\ TERS All waters aHa laRds \oIFIaer tiaewater iB aHY harller, hay or sreek, title to '.villeh aHd the right of fisrnHg in whish is ':ested iB the Towll of SaHthold analar ill the Beara ef Trustees of the Tawil of SOHtflela. TOWN WATERS - All the waters lving over Patent Lands. ARTICLE II Shellfish ~219-& Q. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of South old. (I) Persons AMes 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license aHd will be at half the cost of a commercial license. The parents or guardian of the applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- temporary resident upon first obtaining a non- telBflorary resident shellfish permit therefor from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this !lftieIe Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this !lftieIe Chapter for such permanent resident. E, No person Bot a peflBanent resideHt, a taxpayer, a teml30rary resiaent or a guest acsompaRiea by a permaHent resideRt shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F, The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, fEl\olFld lIbeara aRJ' boat or yessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. @.- Shellfish may be takeR Hem TOWIl waters f-er neHeBmmercial pHFfloses by a permaneRt resident HIlder the age ef 14 years withem ebtaiHing a permit theref-er. [.'.aaed 7 7 19E2 by Updated: 7/18/200711:47 AM by Lynda Bohn Page 4 Resolution 2007-624 1.L. Ne. 5 19&2] 9219-91. Permit fee; expiration; display. . B~ Meeting of July 17, 2007 A. The fee for a commercial shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. $20. Effeetive eH Ellul after Janaary I, 1991, the fee fer a eemmereial sllellfisll permit sball be $35. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non- teffijlerary resident shellfish permit shall be set from time to time by resolution of the Town Board. upon recommendation by the Board of Trustees. $10. Suell pe_it sllall be issaee! oHly fer tile periee! enime that suell tempera!)' resie!eHt eeeHfJies liviHg (j:uarters '.'I'ithiH the Teym ef Soathele!. The non-resident permit shall expire on September 15 onhe year of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be ~ Effeetive en ane! after Janaary 1, 1991, tile fee fer suell permit shall be $5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. 9219--W~. Scallops. A. The Truatees efthe Te'Nn of Seutlleld may estaiJlisll, by reselatien, tile date, eftlle eemmereial and neneelHfHereial sewlep seasen based en tile en'iironmelttal and eeenomie eenditiens in efrest eaell year. [.'\mended 9 e 1991 by 1.1. }Ie. 19 1991] Scallop season for residents and non-residents shall be set pursuant to New York State. as adopted by Board of Trustee resolution. B. Subiect to the provisions of this section. during the first two weeks of Scallp season. harvesting in Town Waters shall be by hand or with a scap net only. During the first two weeks of Scallop season. harvesting in Town Waters shall be open to all permit holders. for the noncommercial limits set forth herein. During tile HeHeommoreiw seallop sea, en, not more than V2 busllel ef sewlep, ma-y be taken !iem TO'.'m waters in any ene aay by llana or witll a sealp Het. [.'\mendea 7 7 1982 by 1.1. }Ie. 5 19&2; 9 e 1991 by 1.1. }Ie. 19 1991] C. Except as set forth above. df)uring the commercial scallop season, scallops may be taken from Town waters with a dredge er serape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or serape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a tempera!)' non- resident or a guest,-wIIea accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day by anyone (I) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (I) bushel of scallops in one (I) day for noncommercial purposes. fer other than sommereial purpeses. [.'\meHdea 7 "7 19&2 by 1.L. tie. 5 19&2] Updated: 7/18/2007 11:47 AM by Lynda Bohn Page 5 Resolution 2007-624 . ad Meeting of July 17,2007 E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays e)[cejlt by hlUld or with a scaljlllet bv uses of dredge or other power device. H, Oaly scallejls measuring mere thaR 2 1/4 illches frem the miadle efthe hinge te the middle efthe bill may be taken frem Tewll waters e)(cejlt as jlreviaed belew. [i\meaaea 1 21 1997 by L.L. Ne. 2 1997] H. Scallops measuriag less tftaa 2 1/4 ill6h8S with 1UI ar.HIUlI gre'.vth lille having an annual l. growth line and measuring not less than 2 \1.0" from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. 9219-1+ 2. Clams. A. Hard clams less than one inch in thickness shall not be contained taken frem Te'NIl waters and shall be subiect to the reQuirements set forth in Section 219-14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained taken from Tewll waters and shall be subiect to the reQuirements set forth in Section 219- 14A. C. Churning by power may not be employed in the taking of soft clams on land below the high- tide line in Town waters. D. A permanent resident, a taxpayer, a tCffijlerary non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. 9219-H 10. Oysters. A. Oysters shall not be taken from Town waters during the period from May I to August 31 in each year, both dates inclusive. and shall be subiect to the reQuirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunrise. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters. and shall be subiect to the reQuirements of Section 219-14A. D. A permanent resident. a taxpayer. a non-resident or a guest accompanied bv a permanent resident may take not more than one-half (1/2) bushel of oysters from Twon Waters for noncommercial purposes in any one (I) day bv any one (1) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (1) bushel of oysters from Twon Waters in one (1) day for noncommercial pumoses. The Trustees eHhe TewlI ef Seatheld may eDtGl3lisll, by reselmiell, the limits ell the lIamber ef eysters wRieR may be Updated: 7/18/2007 11:47 AM by Lynda Bohn Page 6 Resolution 2007-624 · BId Meeting ofJuly 17,2007 flar/ested fer eommereial plllJleses and aeasemmersial plllJleses. .A. pel'HlBBeat resiaeat, a tWlflayer, a teHlflel'llFY resiaeat er guest asseHlflaniea Ily a resiaeat may harvest eysteFs fer aeasemmersial purpeses ia the (juantities set Ily reselutiea ef the Tmstees. [.-'\meadea 7 7 1982!ly 1.1. Ne. 5 1982; I 21 19971ly 1.1. Ne. I 1997] Baiter's Nete: Fel'Hler Sullseetiea E, ameaaed 7 31 1973, whish immediately fellev.ed this sll!lsestiell alld dealt witll the ameuat ef eystem allewed te Be tallea frem T eym ,(/aters fer semmersial plllJleses., VIas repealed 1 21 1997 BY 1.1. tie. 1 1997. Not more than two thousand (2,000) oysters may be contained or taken from Town Waters f;. for commercial purposes in anyone (]) day by anyone (]) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) oysters in one (I) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources 9219-11~. Blue claw crabs. A. Blue claw crabs must be harvested according to new york State Department of Enyironmental Conservation regulations. Bille slaw erabs measuriRg less than five iashes frem peiat te peiat efthe upper shell shall Ret Be takeR frem the '.vaters ef!he Te'lffi of Seutheld. B. .A. pel'HlllReat resideat, a tWlflayer, a teHlfle1'lll)' resideat er a guest ooseHlflBBied !ly a pel'HlallEmt resiaeat may Ret take mere than 1/2 !lllshel efBlae slaw sms frem Tewll ',vaters iallRY elle day fer aeasemmersial pHFpeses, [.A,meaded 77 1982!ly 1.1. Ne. 5 1982] G. Female !llae slaw sms shall Ret Be takell frem the '.vaters ef the Tewll ef Seutheld. [.A.mellded 7 14 1987!ly 1.1. ~Ie, 12 1987] .g. Crab pets. Ne illdiyidual may set mere thBB elle erab pet, and eash srab pet aIld Buey shall Iiw.e a-ff.'illed !herete the iadiviElual's shellfish permit llamBer. [.1.dded 7 14 1987 BY 1.1. Ne. 121987] 9219-124. Mussels. A. A permanent resident, a taxpayer, a temperllF)' non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain, in aggregate, not more than two bushels of mussels from Town Waters in one (] ) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. 9219-11~. Eels. Updated: 7/18/2007 II :47 AM by Lynda Bohn Page 7 Resolution 2007-624 . B.d Meeting of July 17,2007 A. Commercial purposes. No more than 50 eel pots or traps per permittee in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. l:;. The containment of eels is further regulated bv New York State. ARTICLE IV Operational g219-14e. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this lIftiele Chapter shall be immediately returned alive to the water in the immediate vicinity of where thev were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. &219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of anv channel svstem and the gear shall not impede navigation. g219-161. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees ana preperly stakea and notices posted by said Board of Trustees. &219-17. Planting of Shellfish Seed. Notwithstanding anv other provision of this Chapter. the Board of Trustees may approve an organization's plan for planting shellfish seed in Town Waters and upon approval. the Board of Trustees may then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved pain. g219-18. Transplanting of shellfish. Notwithstanding any other provision of this lIftiele Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators. economic factors or other detrimental causes. g219-19. Dredges and scrapes. Except as permitted by g 219-~.wC of this lIftiele Chapter, the use of a dredge, sertlfle, ell eel dredge, hydraulic means or similar device tey,cal3y a 130at operated by mechanical power or other means is prohibited in Town waters. BKeept as permittedl3y ~ 219 19C efthis artiele, the use Elf a dreage, serape, ell areage er similar aevice tElwed by a beat Elperated by mechaflical Updated: 7/18/2007 11 :47 AM by Lynda Bohn Page 8 Resolution 2007-624 · B~ Meeting of July 17, 2007 ]lower or atller means is ]lrallihiteE! in Town ',vaters except by special permission of the Trustees for scientific study projects. g219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of South old. &219-21. AQuaculture/Maraculture Exemption. The Board of Trustees mav grant an exemption or variance. in terms of permitted sizes. number and time periods of harvest. from the provisions of this Chapter for aQuaculture/maraculture activities that are properlv permitted bv the New York Department of Environmental Conservation. g219-22-l-. Penalties for offenses. -A, .A.ny ]lemon eonvieteE! ef an offense against any ]lFovision of this artiste shall he E!eemed to Ilave eommitteE! a violation against sHeh artiele and alsa sball he Haille fer any sHeb affense or ]lenalty therefor. A.~ Fortwefy- each offense against any provision of this artiele Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days,.-Bl' hoth sHeh fine anE! imprisonment. B.G. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall eonstitllte and effeet an immediate forfeimre of a ]leFlRit issHed to sHeil ]lersan. No new permit shall be issued to such person for at least one year after such forfeiture. I* .A.ny ]lerson eommitting an offense against tilis artiele shall be sabjeet to a eiyil ]lenalty enforeeaille and eolleetihle hy tile Town for eaell sHeil offense. SHeb ]lenalty sllall Be ealleetihle BY and in tile nalRe of tile Town. C.K In addition to the above-provided penalties and punishment, the Town Board may also maintain commence an action or proceeding in the name of tile Tewn in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this aFtteIe Chapter. &219-23. Coordination and enforcment. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions of this Chapter. and have the authoritv to issue violations of the provisions of this Chapter. III. SEVERABILITY Updated: 7/18/2007 11:47 AM by Lynda Bohn Page 9 Resolution 2007-624 . ad Meeting of July 17,2007 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~~~~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Updated: 7/18/200711:47 AM by LyndaBohn Page 10 . . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17th day of July, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of August, 2007, at 4:40 p,m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of South old, II. Chapter 219 of the Code of the Town of South old is hereby amended as follows: ARTICLE I Catehing of Shriffijl [:\do)3led by 6 29 1933] General Provisions ~219 I. Taking of shriffijl b)' nonresidents )3rohibited. It shall be unlav.ful for any )3erson not a resident of the Town of SelltllOld to take shrim)3 from the waters of Brush's Creek, Willes Creek, De'.VBs Creek, James Creek, West Creek, Riemnond's Creek, Corey's Creek, Cedar Beaeh Creek, Goose Creek, Joekey Creek, Town Creek, Mill Creek, Long Creek, Budd's Pond, Dam Pond, Mattitllek Cr-eek, Geldsmith's Creek, S<(ullsh Creek, Wiekham's Creek and Little Creek, or other ereelm or inland waters 'lI'ithin the bounds of said TO'.VBshi)3. S219-~ 1. Residence requirements. Persons shall be deemed to be residents of the Town of South old at any given date, within the meaning of this lIflieIe Chapter, when they shall have actually and continuously resided within the said Town for a period of at least six (6) months sixtv (60) davs immediately preceding such date. . . ~219-~2. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. ~219 4. Peaalties for offellses. .".ay violatioll of this artiele shall be SHej eet to a reaalty of not less than $5 Ilar more than $ HlO and easts. f.RTICLE II Taking ef Shellfish and Eels [l'.dorted by 6 23 1966] ~219-~ J Title. This aftiele Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of South old." ~219-+ 1. Definitions. For the purposes of this aftiele Chapter, the terms used herein are defined as follows: AOUACUL TUREIMARICUL TURE - The cultivation. planting. containment or harvesting of products that naturallv are produced in the marine environment. including fish. shellfish. crustaceans and seaweed. and the installation of cribs. racks and in-water structures for cultivating such products. but excluding the construction of any building. any filling or dredging or the construction of any water regulating structures. BOA TNESSEL - Anv floating obiect capable of carrying people as a means of transportation in water, including without limitation an airplane capable of landing on water, any floating structure not otherwise considered to be part of a dock structure as defined herein. with or without means of propulsion. which obiect can be moored independently or can be secured bv any means to a piling. dock, bulkhead. groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters. which is commonlv traversed bv boat/vessel and is designated bv channel markers, including man-made or stabilized waterways designed for the navigation of boats/vessels. For the purpose of this Chapter, boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water bv utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES - f.ny Hse or rHfpose ather than for fead eoasHffirtiea by the JleFsens taking the shellfish er by members ef saeh persea's hausehold. Taking, containment or harvesting of shellfish or other marine resources to sell to a third partv. CONTAINMENT - The placement and possession of shellfish in a basket. tub. bag, or any other type of container. CULLIN G - Separating shellfish or other marine resources according to size. . . EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationary position. including without limitation pots. moorings. long line. hand line. weir nets. gillnets and traps. GUEST - A person who temporarily occupies liying quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs. horseshoe crabs. eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by yirtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of South old during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish if no permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles ami > conchs. channeled whelk and knobbed whelk. TAKING - The remoyal or harvesting of shellfish and other marine resources by any means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPOR.^.RY RESIDENT .^. ]'Jerson who has essaJ3ied living qaarters within the TOWIl ofSeailield daring the period efaot less thaa se'/ea clap immediately preeediag the date of his apjllieation for a permit hereooaer. TO\VN W,^.TERS ,'\11 waters aDd laDds ander tidewater ia aDY harbor, bay or sreek, title to whish aDd the right of fishing ia whish is vested in the Town of Soathold ana/er ia the Boars efTrustees efthe Towa efSeathold. TOWN WATERS - All the waters lying over Patent Lands. ARTICLE II Shellfish 9219-& Q. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of South old. . . (1) Persons Ai!ges 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license and will be at half the cost of a commercial license. The parents or guardian of the applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- temporary resident upon first obtaining a non- teHlj3sral)' resident shellfish permit therefor from the Town Clerk ofthe Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit theref-er from the Town Clerk of the Town of Southold. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit theref-er by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this aFtiele Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this aFtiele Chapter for such permanent resident. E. No person net a pefffiaBent resident, a taxpayer, a temperary resident er a plest aceompanied BY a permanent resident shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, fOllnd aeeard any Beat er 'iessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. {h Shellfish may Be taken frem T SVffl waters fsr nsneeHlHlereial plll'fleses BY a permanent resident IInder the age of 14 years withem OBtaining a permit therefor. [f.dded 7"7 1982 BY L.L. No.5 1982] 9219-91. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time bv resolution of the Town Board, upon recommendation bv the Board of Trustees. $20. Effective en and after JaBlIary 1, 1991, the fee for a eemmereial shellfish pefffiit shall Be $35. Such permit shall expire on December 31 of the year of its Issuance. B. The fee for a non- temporary resident shellfish permit shall be set from time to time bv resolution of the Town Board, upon recommendation bv the Board of Trustees. $10. SlIeh permit shall Be issued only for the peried eftime that slleh tempsrary resident eeeupies li-.'ing qllarters '.vithin the Town sf Semheld. The non-resident permit shall expire on SePtember 15 of the vear of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Effeetive on and after January I, 1991, the fee fer slleh permit shall be-$5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. . . D. The helder ef a shellfish permit shall carry the permit assigned te him en his persen while engaged in the permitted activities, and the failure ef such helders te exhibit his their permit te an enforcement efficer shall be presumptive evidence that ne valid permit has been issued te them him. S219--W~. Scalleps. A. THe Trustees aftHe Tewn af Sauthsldmay estaBlisH, by reselutien, the "Botes of the eemmereial and nencemmercial scallep seaGen based en the eRyire!lffieHtal !tUd eceRemie eeRditieRs in effeet eaeH year. [.'.meRded 9 8 1991 by L.L. Ne. 19 1991] Scallep seasen fer residents and nen-residents shall be set pursuant te New Yerk State, as adepted bv Beard ef Trustee reselutien. B. Subiect te the provisiens ef this sectien, during the first twe weeks ef Scallep seasen, harvesting in Tewn Waters shall be bv hand er with a scalp net enlv. During the first twe weeks ef Scallep seasen, harvesting in T ewn Waters shall be epen te all permit helders, fer the nencemmerciallimits set ferth herein. During the nencemmereial scallep seasen, net more than 1/2 blowhel ef scallops may be taken from Tewn waters in ltfIy ene aay by Hand er witH a scalp net. [.~.mended 7 7 1982 by L.L. Ne. 5 1982; 98 1991 by L.L. Ne. 19 1991] C. Except as set ferth abeve, dI}uring the cemmercial scallep seasen, scalleps may be taken from Tewn waters with a dredge er scrape having an epening at the meuth efnet mere than 36 inches in width when tewed by a beat eperated by mechanical pewer er ether means, previded that such dredge er serape is brought abeard the beat by hand pewer witheut the use ef a mechanical device.] D. Subject te the provisiens efthis sectien, a permanent resident, a taxpayer, a temperltf)' nen-resident er a guest,-whea accempanied by a permanent resident, may take frem T ewn waters net mere than 1/2 bushel ef scalleps fer nencemmercial purpeses in any ene day bv anv ene (I) persen. Twe (2) er mere persens eccupving the same beat may take, in the aggregate, net mere than ene (I) bushel ef scalleps in ene (I) dav fer nencemmercial purpeses. f-or etHer tHan cemmercial pllfj'loses. [.'.meRded 7 7 1982 by L.L. Ne. 5 1982] E. Subject te the provisiens ef this sectien, net mere than five bushels ef scalleps may be taken from Tewn waters fer cemmercial purpeses in any ene day by any ene persen. Twe er more persens eccupying the same beat may take, in the aggregate, net more than 10 bushels ef scalleps in ene day fer cemmercial purpeses. F. Scalleps shall net be taken from Tewn waters during the peried from sunset te sunrise. G. Scalleps shall net be taken from Tewn waters en Sundays ell€ept by hand er witH a scalp net bv uses ef dredge er ether pewer device. H, ORly scalleps meBosllfiRg mere than 2 1/1 inches frem tHe middle efthe hinge to the miadle of tHe bill may be takeR from Tewn waters e)(€ept as prsyiaea bele'N. :\menaea 1 21 1997 by L.L. Ne. 2 1997] H.-l. Scalleps meaGlIfiRg less tHan 2 1/1 inches with an af".Il\lll1 grewth line having an annual growth line and measuring net less than 2 v." frem the middle ef the hinge te the middle efthe bill may be taken frem Tewn waters enly by reselutien efthe Seutheld Tewn Beard efTrustees. . . S219-++ 2. Clams. A. Hard clams less than one inch in thickness shall not be contained taken from Town waters and shall be subject to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained takeR Hom Town waters and shall be subject to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may taI<e contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. S219-R 10. Oysters. A. Oysters shall not be taken from Town waters during the period from May I to August 31 in each year, both dates inclusive. and shall be subject to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunnse. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters. and shall be subject to the requirements of Section 219- 14A. D. A permanent resident. a taxpayer, a non-resident or a guest accompanied by a permanent resident may take not more than one-half (112) bushel of oysters from Town Waters for noncommercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (!) bushel of oysters from Town Waters in one (!) day for noncommercial purposes. The Tnwtees of the TO';ffl ofSomhold may establish, by resslmion, the limits OR the Rumber of oysters '.'.'hieh may be har/eated for eommereial pllfjloses and noneommereial pHfjloses. f. pefffiaHeR! resideR!, a taxpayer, a temporary resideR! or gHeat aeeempaHied by a resideRt may har/est oysters fer Renesmmereial pHfjloses iR the qHaHtities set by resolmion of the Tfllatees. [:\mended 771982 by 1.1. No.5 1982; 121 1997 by 1.1. No. I 1997] Editor's Note: Former SHbseetioR E, amended 7 31 1973, whieh immediately followed this sllbseetion and dealt with the amoHRt of system allowed to be tallen fFBm Town waters fur esmmereial pHfjloses, was repealed I 21 I 997by 1.1. No. I 1997. E. Not more than two thousand (2,000) oysters may be contained or taken from Town Waters for commercial purposes in anyone (!) day by anyone (!) person. Two (2) or more persons occupying the same boat may take, in aggregate. not more than four thousand (4,000) oysters in one (!) day from Town Waters for . . commercial purposes. ARTICLE III Other Marine Resources 9219-11~. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Environmental Conservation regulations. Blue Gla\\' Grabs measuring less than five inehes from point to point of the Ilflper shell shall not Be tallen from tke waters oitke Town of SollthoJa. B, /\ permanent resident, a taxpayer, a temporary resident or a gllest aGGompaBied BY a permanent resident may net take mere than 1/2 BlIskel of Bille etaw Grabs from TO'.'fn '_ters in anyone day f-or noneommereial pllFfleses. [,'\mended 7 7 19&2 BY L.L. Ne. 5 19&2] C. Female Bille etaw Grabs skall not Be talcen from the ",atem of the Town of Selltheld. [,A.mended 7 11 1987 BY L.L. Ne. 12 19&7] ~ ~~~~~~~-~~~~~~~~~ blloy skall kave affixed thereto the individllal's shellfisk pe_it nllmber. [:\dded '7 14 19&7by L.L. No. 12 19&7] 9219-124. Mussels. A. A permanent resident, a taxpayer, a temperary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupving the same boat may contain. in aggregate. not more than two bushels of mussels from Town Waters in one (I) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. 9219-11,). Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Operational 9219-1 %. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with . . the provisions of this llftiele Chapter shall be immediately returned alive to the water in the immediate vicinity of where thev were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. &219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of anv channel svstem and the gear shall not impede navigation. s219-lQ1. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and properly staked and notices posted by said Board of Trustees. &219-17. Planting of Shellfish Seed. Notwithstanding anv other provision of this Chapter, the Board of Trustees mav approve an organization's plan for planting shellfish seed in Town Waters and upon approval. the Board of Trustees mav then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. S219-18. Transplanting of shellfish. Notwithstanding any other provision of this llftiele Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. S219-19. Dredges and scrapes. Except as permitted by S 219-~-WC of this llftiele Chapter, the use ofa dredge, scrlljle, ell eel dredge, hvdraulic means or similar device to'Ned by a boat operated by mechanical power or other means is prohibited in Town waters. El(cept as permitted by ~ 219 I (Ie of this article, the Hse of a dredge, scrlljle, ell dredge or similar device towed by a boat operated by mechanical power sr sther means is prohibited iB TO'NB waters except by special permission of the Trustees for scientific study projects. S2 I 9-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of South old. &219-21. Aauaculture/Maraculture Exemption. . . The Board of Trustees mav grant an exemption or variance. in terms of permitted sizes. number and time periods of harvest. from the provisions of this Chapter for aCluaculture/maraculture activities that are properlv permitted bv the New York Department of Environmental Conservation. 9219-22-1-. Penalties for offenses. f.. f.RY persaR eaRvieted af an affeRse agaiRst any pra'lisiaR of this artiele shall be deemed ta have eemmitted a 'lielatieR agaiRst slIeh artiele aRd also shall be liable fer aIlY sllch offeRse er peRalty theref-er. A.B-c For every- each offense against any provision of this article Chapter. the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days,-Bf beth sllch fiRe aIld impriseameRt. B.G. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall eaRstitllte and effeet aR immediate ferfeitllre ef a permit isslled to sllch perseR. No new permit shall be issued to such person for at least one year after such forfeiture. D. .'\n)' perSOR eemmittiag aR offeRse agaiRGt this article shall be slIbjeet ta a ei'lil peRalty eHforeeable aRd eolleetible by the Tewn for eaGh slIeh effeHse. SlIeh peHalty shall be eollectible by aRd iR tlle Rarne of the TaWil. C.B. In addition to the above-provided penalties and punishment, the Town Board may also maiRtaiH commence an action or proceeding iR the Rarne efthe TewH in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this aFtiele Chapter. &219-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions of this Chapter. and have the authoritv to issue violations of the provisions of this Chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: July 24, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk . . PLEASE PUBLISH ON AUGUST 2, 2007, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK TOWN HALL P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Attorney Trustees Town Board Members Town Clerk's Bulletin Board . . . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of~Town of South old, New York being duly sworn, says that on the ; () day of ~ ' 2007, she affixed a notice of which the annexed printed notice is a e 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, 53095 Main Road, Southold, New York. PH LL shellfish 8/14/07 4:40 pm CI'~d4'(). YJw<!h. Elizabeth A. Neville Southold Town Clerk .'"\ Sworn before m this ~ day of ,2007. -d~~ 1)'" L otary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20..u... . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . TOWN CLERK COpy Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 26, 2007 Re: Reso.'s #624 & #625 regarding proposed Local Law in relation to "Shellfish and Other Marine Resources" of the Code of the Town of Southold Thomas Isles, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New Yark 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meeting on July 17, 2007 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. The date and time for the Dublic hearing is 4:40 PM. Tuesdav. August 14. 2007. Should you have any questions, please do not hesitate to contact me. Thank you. Enclosures cc: Town Board Town Attorney Very truly yours, ~O.1Ldl Elizabeth A. Neville Southold Town Clerk Southold Town Board - .er 'ard Meeting of July 17,2007 RESOLUTION 2007-625 Item # 19 ADOPTED DOC ID: 3053 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-625 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17,2007: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled. "A Local Law in relation to Shellfish and Other Marine Resources", to the Suffolk County Plannine Commission for comments and recommendations. c!iJ~~v:li.. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell .I ~ , . Generated July 18, 2007 Page 41 . . . RESOLUTION 2007-624 ADOPTED sc~ DOC ID: 3061 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-624 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17,2007: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17th day of July, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of August, 2007, at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of South old. II. Chapter 219 of the Code of the Town of South old is hereby amended as follows: ARTICLE I Catcl1ing ofSl1rimp [f,dopted by e 29 1933] General Provisions ~219 I. Taking of shrimp by nonresidents prohibited. '" Resolution 2007-624 . ad Meeting of July 17, 2007 It shall be 1H1lIl'Nflll far aey persallllet a rasiaellt af the T OWR of Seathala te tak-e shflmp frolR the ",vaters ef Brosh's Creek, Willes Creek, Dewns Creek, JlIIIles Creek, West Creek, RiebIReREi's Cfeek, Cerey's Creek, Cellar Beaeh Creek, Geese Creek, Jeekey Cfeek, Tewn Creel., Mill Creek, Lellg Creek, Balla's Pelle, Darn POlla, Mattooek Creek, GolallHlith's Creek, SEjaasB Creek, Wiekhlllll's Cfeek aIla Little Creek, er other ereeks or inlalla waters wi.thin the bS1iIlas sf saia Townsbip. ~219~ 1. Residence requirements. Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this llftieIe Chaoter, when they shall have actually and continuously resided within the said Town for a period of at least sill (6) lReffihs sixty (60) davs immediately preceding such date. ~219-J~. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. ~219 4. Ponalties far offellses. fJly ...ielatiall of this artiele shall be slibjeet to a peftalty sfllot less tflall $5 Ilor Hlere tball $100 aIld eosts. _____..._______...___....___.._____.__.____.______....____.n________.. .. n"""'_"_.,_,n",_.'__ .. ._..._...___..__.__.,..._.....,_._,_~__..._.._'_ ,^.RTlCLH II Takillg of Shellfish aIla Hels [,^.deptea by 6 23 1966] ~219~ l. Title. This llftieIe Chaoter shall be known as the "Shellfish and Other Marine Resources Law of the Town of South old." ~219-1~. Definitions. For the purposes of this llftieIe Chaoter, the terms used herein are defined as follows: AOUACU L TUREIMARICUL TURE - The cultivation. olanting. containment or harvesting of oroducts that naturallv are oroduced in the marine environment. including fish. shellfish. crustaceans and seaweed. and the installation of cribs. racks and in-water structures for cultivating such oruducts. but excluding the construction of anv building. anv filling or dredging or the construction of anv water regulating structures. BOA TNESSEL - Anv floating obiect caoable of carrying oeople as a means of transoortation in water. including without limitation an airolane caoable oflanding on water. anv floating structure not otherwise considered to be oart of a dock structure as defined herein. with or without means oforooulsion. which obiect can be moored indeoendentlv or can be secured bv anv means to a oiling. dock. bulkhead. groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterwav with well-defined banks oresenting the evidence of the flow of tidal waters. which is commonlv traversed bv boat/vessel and is designated by channel markers. including man-made or stablilized waterways designed for the Updated: 7/18/2007 II :47 AM by Lynda Bohn Page 2 . . . Resolution 2007-624 Board Meeting of July 17,2007 navigation of boats/vessels. For the puroose of this Chapter. boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water bv utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES f.IlJ ase Elr parpese ether tHWl fer feed eenslHllfltien ily the perseflS taking the shellfish er ily memilers Elf sueh persen's heuseilElld. Taking. containment or harvesting of shellfish or other marine resources to sell to a third party. CONTAINMENT - The placement and possession of shellfish in a basket. tub, bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EE L - The American eel. FIXED GEAR - Fishing equipment that is set in a stationarv position. including without limitation pots. moorings, long line. hand line. weir nets. gillnets and traps. GUEST - A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs. horseshoe crabs. eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees bv virute of the Andros Patent. PERMANENT RES IDENT - A person who has maintained a permanent dwelling within the Town of South old during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish ifno permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHE LLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles aHd, conchs, channeled whelk and knobbed whelk. TAKING - The remoyal or harvesting of shellfish and other marine resources by any means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPOR.'\RY RES IDE-NT f.pemen who has oeeHj3ied living quarters v..ithin tae To'.\'Il of SoatIlold during tIle period of not less tIlan seven days immediately preeeding tIle date of Ris Updated: 7/18/2007 II :47 AM by Lynda Bohn Page 3 Resolution 2007-624 applisatiea fer a flefBlit herellluler. . ad Meeting of July 17,2007 \ TOWN W.^. TERS :\-11 'l.'liters and lands lIIlder tidewater ia any luwber, bay er sreek, title te whish and the right affishing iR '.meh is vested ia the Tawil efSelltheld llBEIIer iB the Ballfd ef Trmltees afthe Tawil af Sellthald. TOWN WATERS - All the waters Iving over Patent Lands. ARTICLE II Shellfish ~219-& Q. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of South old. (1) Persons A~es 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license and will be at half the cost of a commercial license. The parents or guardian of the applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- teHlflorary resident upon first obtaining a non- tBHlflorary resident shellfish permit therefor from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this !lftiele Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this !lftiele Chapter for such permanent resident. E. No person ROt a flsfHIaneBl resideBl, a taJ<payer, a teHlfloFllf)' resideBl or a gllest aGseHlflaaied by a flefHIaBeat rssideat shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, fOllDd aboard any boat or vessel in the waters of the Town of South old, shall be deemed presumptive evidence of a violation of this article. G, Shellfish may be takea from TOWIl waters for ROReommereial pUfj30ses by a pefHIanent resideRt aRder the age of 11 years withoat obtaiRillg a pOfHIit therefor. (,^.dded 7 7 1982 by Updated: 7/18/200711:47 AM by Lynda Bohn Page 4 .' , Resolution 2007-624 1.1. Ne. 3 19&2] ~219-91. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time bv resolution of the Town Board. upon recommendation bv the Board of Trustees. $29. Bffeetive oa ana after JaHlIarY I, 1991, tile fee for a eommereial saellfiaa pe_it saallbe $35. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non- tllffiJ'loflli'}' resident shellfish permit shall be set from time to time bv resolution of the Town Board. upon recommendation bv the Board of Trustees. $19. Stlaft peFlflit sftaIlbe isatlea only fer the perioa of time that stlea t8fllJloffIfY resiaeat eeetlj'lies li'iiHg llIIftFtefS withia tile Te':ffl ef Sotltftola. The non-resident permit shall expire on September 15 of the year of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $;. Effeetive oa ana after JlI.IHIllfY I, 1991, tile fee for stlea pe_it saallbe $5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. . . Board Meeting of July 17, 2007 ~219-M~. Scallops. A. The Trustees of tile TO'.'ffl ofSotltftola may establish, by resolmioH, the dates eftha eo_oroial ana aoace_ereial scallop seasoa basea eH the eHvironmoHtal aHa eeoaomic eeaditioas ia ef'feet eaoa year. [:\-meadea 9 Ii 1991 by L.L. No. 19 1991] Scallop season for residents and non-residents shall be set pursuant to New York State. as adopted bv Board of Trustee resolution. B. Subiect to the provisions of this section. during the first two weeks of Scallp season. harvesting in Town Waters shall be bv hand or with a scap net onlv. During the first two weeks of Scallop season. harvesting in Town Waters shall be open to all permit holders. for the noncommercial limits set forth herein. Duriag the Heaeommereial seallep seasea, Het mere than 1.12 basael ef scalleps may be talleH frem Tewa waters ia aHj' eHe day by hand er '.vita a sealp Bet. [.\meaded 77 1982 by 1.1. No.5 19&2; 9 Ii 1991 by L.L. No. 19 1991] C. Except as set forth above. dI}uring the commercial scallop season, scallops may be taken from Town waters with a dredge or serape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or serape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a tempera!}' non- resident or a guest,-wfteH accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day bv any one (I) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (I) bushel of scallops in one (I) day for noncommercial purposes. fer other thaH eommereial pmpeses. [."'meHded 7 7 1982 by L.L. Ne. 5 1982] Updated: 711 8/2007 II :47 AM by Lynda Bohn Page 5 ResolutiQn 2007-624 . Ad Meeting €If July 17,2007 E. Subject tQ the provisiQns €If this sectiQn, nQt mQre than five bushels of scali €IpS may be taken from TQwn waters fQr cQmmercial purpQses in any Qne day by anyone person. Two or more persQns occupying the same boat may take, in the aggregate, nQt more than 10 bushels €If scallops in Qne day fQr commercial purposes. F. ScallQPs shall not be taken frQm TQwn waters during the periQd frQm sunset tQ sunrise. G. ScallQPs shall not be taken frQm TQwn waters on Sundays euelljlt ey hlmd €Ir with a sealj'l Ret bv uses €If dredge Qr Qther PQwer device. H: Only ssall€lj'ls measllriRg mQre thlm 2 1/1 iashes fr€lm the middle €If the hiage t8 the middle €If the eill may ee takeR frem Tewa waters Emsej'lt as pre'/ided eelew. [.''.meaded I 21 1997 by 1.1. Ne. 2 1997] H. ScallQPs measm1Rg less thWl2 1/1 iaefies with an _a1 gfQwth liRe having an annual I. grQwth line and measuring nQt less than 2 y.," frQm the middle €If the hinge tQ the middle €If the bill may be taken from TQwn waters Qnly by resolutiQn €If the SouthQld TQwn BQard €If Trustees. ~219-H.2. Clams. A. Hard clams less than one inch in thickness shall nQt be contained takeR frem Tev;R waters and shall be subiect tQ the reQuirements set forth in SectiQn 219-14A. B. SQft or steamer clams less than twQ inches in the IQngest diameter shall not be cQntained takeR frem TewR watElfS and shall be subiect to the reQuirements set fQrth in SectiQn 219- 14A. C. Churning by power may nQt be emplQyed in the taking of SQft clams €In land below the high- tide line in TQwn waters. D. A permanent resident, a taxpayer, a temperary nQn-resident Qr a guest accQmpanied by a permanent resident may talEs cQntain nQt more than 100 hard clams and 100 SQft clams frQm TQwn waters in Qne day fQr nQncQmmercial purpQses. E. NQt mQre than 2,000 hard clams may be taken frQm TQwn waters fQr cQmmercial purposes in any Qne day by any Qne perSQn. TWQ Qr mQre perSQns Qccupying the same bQat may take, in aggregate, nQt mQre than 4,000 hard clams in Qne day fQr cQmmercial purposes. ~219-H 10. Oysters. A. Oysters shall nQt be taken frQm TQwn waters during the periQd from May I tQ August 31 in each year, bQth dates inclusive. and shall be subiect tQ the reQuirements QfSectiQn 219-14A. B. Oysters shall nQt be taken frQm TQwn waters during the periQd frQm sunset to sunrise. C. Only Qysters measuring mQre than three inches from the hinge tQ the bill may be taken frQm TQwn waters. and shall be subiect tQ the reQuirements QfSectiQn 219-14A. D. A permanent resident. a taxpaver. a nQn-resident Qr a guest accQmpanied bv a permanent resident mav take nQt more than Qne-half (1/2) bushel €If Qvsters frQm TWQn Waters fQr nQncQmmercial purpQses in any Qne (I) day by any Qne (I) perSQn. TWQ (2) Qr mQre perSQns Qccupying the same bQat may take. in the aggregate. nQt mQre than Qne (I) bushel €If Qysters from TWQn Waters in Qne (I) day fQr nQncQmmercial purpQses. The Trustees €lEthe TQWR of 8Quthold may establish, by rssol\ltioR, the limits OR the BlUBber of oysters whish may be Updated: 7/18/200711:47 AM by LyndaBQhn Page 6 . . Resolution 2007-624 . . Board Meeting of July 17, 2007 harveste~ for eemmereial pl:lJll8ses ana aSB6smmereial fJUIJ>sses. ..A. p6ffflatleat resiaeat, a talfpaYef, a temllsflU')' resiaeat sr guest aeeeHiflaniea 13)' a resiaeat may harvest systers fer HOBeemmefeial p1:11J'8ses in the Eluantities set hy resellltiefl sf the Tmstees. [.AmeBdea 7 7 198213y L.L.:~ls. 5 1982; 1 21 199713y 1.1. Ns. 1 1997] Baiter's Nete: Fe_er SueseetieB E, ameBsed 7 31 1973, whish immediately fellewea this s$sestisB ana seal! .....ith the llmSl:lBt sf eysters alla'Nea to Be takeR Ham Te'lIB '1lllters fer ssmmsrsial pW'fJeses, was rBflealea 121 1997 BY 1.1. :No. I 1997. Not more than two thousand (2.000) oysters may be contained or taken from Town Waters 1;;. for commercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take. in aggregate. not more than four thousand (4.000) oysters in one (1) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources 9219-llJ. Blue claw crabs. A. Blue claw crabs must be harvested according to new york State Department of Enyironmental Conservation regulations. !lltle elaw emes measmiag less thllB ii'/e iaehes from Ileiat ta peiat eftAe tIflper shell shall Bet l3e tal,ea frem the ',vaters eftAe Te\'iH ef Sstltheld. B. /\ pefffillBeat resideat:, a tWlpayer, a teHiflerlllJ' reaiasat er a gtlest aseefBpllBied l3y a pe_llBeat: resiEieat: may Bet take msre thaa 112 1311shel enltle alaw araas frem TewB vlllters ia any eae da:.' f-Elr asaesmmereial ptlrfl8ses. [",meaded 7 7 1982 l3y 1.1. 1'18. 5 1982] G. Female allle ela'I; eralls shall Bet ae takea from the '.vaters sf the T8wa sfSslltholcl. [".meaded 7 14 198713)' 1.1. Ns. 12 1987] 9. Cme pets. Ne iaahiEillal may set msre than eBe srall pet, IlBd eaah srall pst IlBd Btley shall haw affi)(ed theret8 the iadiyidllal's shellfish permit BlIIllaer. [:\daed 7 14 1987 ay 1.1. Ne. 12 1987] 9219-114. Mussels. A. A permanent resident, a taxpayer, a teHiflsrary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain. in aggregate. not more than two bushels of mussels from Town Waters in one (I) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. S219-U~. Eels. Updated: 7/18/2007 11 :47 AM by Lynda Bohn Page 7 Resolution 2007-624 . .d Meeting of July 17, 2007 A. Commercial purposes. No more than 50 eel pots or traps per permittee in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated bv New York State. ARTICLE IV Operational ~219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this aHiele Chapter shall be immediately returned alive to the water in the immediate vicinity of where thev were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. &219-15. FixedGear A. Fixed gear shall be placed no closer than the outer edge of any channel svstem and the gear shall not impede navigation. ~219-16+. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a .~solution duly passed by said Board of Trustees aad piBperly staked and notices posted by said Board of Trustees. &219-17. Planting of Shellfish Seed. Notwithstanding anv other provision of this Chapter. the Board of Trustees mav approve an organization's plan for planting shellfish seed in Town Waters and upon approval. the Board of Trustees mav then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved paln. ~219-18. Transplanting of shellfish. Notwithstanding any other provision of this aHiele Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators. economic factors or other detrimental causes. ~2l9-19. Dredges and scrapes. Except as permitted by ~ 219-.!l.WC of this aHiele Chapter, the use ofa dredge, serape, ell eel dredge, hvdraulic means or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters, Except as permitted by ~ 219 10C of this article. the IIse of a dredge, serape, ell dredge er similar deviee tev,'ed by a beat operated by meehallical Updated: 7/18/2007 11:47 AM by Lynda Bohn Page 8 . , . . Resolution 2007-624 Board Meeting of July 17,2007 pewer er ether malllls is prehibited in TswB ',vaters except by special permission of the Trustees for scientific study projects. ~219-20, Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. &219-21. Aauaculture!Maraculture Exemption. The Board of Trustees mav grant an exemption or variance, in terms of permitted sizes. number and time periods of harvest. from the provisions of this Chapter for aauaculture/maraculture activities that are properlv permitted bv the New York Department of Environmental Conservation. ~2l9-22-l-. Penalties for offenses. A.- .^.ny persen seftyieted sf an sffense agaffist any previsieB sf this artiele shall be deemed te $';e eemmitted a vielatieB agaiBst slieh artiele and also shall be liable fer M:/' slieh effease sr peaalty therefer. A.& For twery- each offense against any provision of this artiele Chapter. the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days,er both sush fiBe llIId imprisenment. B.G. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall eallstitHte !Ifld effilst an immediate fsrfeiture af a pe_it issued ta sush persoll. No new permit shall be issued to such person for at least one year after such forfeiture. I}, :\ny perGoll semmitting an affense agaiBst this artiele shall be sHbjest ta a ei';il peBalty ellfareeable and ealleetible by the T avm far each slleh affenGe. SHeh peaalty shall be salleetible by and ia the name eftne Town. C.e. In addition to the above-provided penalties and punishment, the Town Board may also maintain commence an action or proceeding ia the name efthe Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this aFlit>>e Chapter. &219-23. Coordination and enforcment. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions of this Chapter. and have the authoritv to issue violations of the provisions of this Chapter. III. SEVERABILITY Updated: 7118/200711:47 AM by LyndaBohn Page 9 " Resolution 2007-624 . 4Id Meeting of July 17,2007 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. , IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~~~.~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Updated: 7/18/2007 11:47 AM by Lynda Bohn Page 10 . Southold Town Board - Letter . \'0 Board Meeting of JuJ}"'~7, 2007 RESOLUTION 2007-625 ADOPTED Item # 19 DOC ID: 3053 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-625 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17,2007: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled. "A Local Law in relation to Shellfish and Other Marine Resources". to the Suffolk County Plannine Commission for comments and recommendations. ~r.;,_';PA> Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated July IS, 2007 Page 4 I . . /L-- .~ RESOLUTION 2007-624 ADOPTED DOC ID: 3061 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-624 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17,2007: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17th day of July, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of August, 2007, at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare ofthe Town of Southold. II. Chapter 219 of the Code ofthe Town of Southold is hereby amended as follows: ARTICLE I Catehing efShriHljl [f.deflted by Ii 29 1933] General Provisions ~219 1. Taking efshrilRfl by flellfesidcnts flfBhibited. Resolution 2007-624 . .d Meeting of July 17, 2007 It sfiall!Je unlawful fer any persea Bet a resiaeBt ef the TeviB of Sellthela te tal,-e ehHHIJl frem the '",-!!ters efHmeh's Creek, Willes Creek, Dewas Creek, James Creek, West Creek, Rieflmead's Creek, Cerey's Creek, Cedar Heaeh Creek, Geese Creek, Jeeke)' Creel" TeviB Creek, Mill Creek, Leag Creek, Hlidd's Poad, Dam Peoo, Mattimek Creek, Goldamith's Creek, Sflllash Creek, Wielffiam's Creek aHa Little Creek, or other ereeks or ialand waters 'l.ithia the !Jolllas of said To'.vllship. ~219-2 1. Residence requirements. Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this artieIe Chapter. when they shall have actually and continuously resided within the said Town for a period of at least silt (6) meaths sixty (60) davs immediately preceding such date. ~219~2. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. p 19 4. Penalties for effeases. .'\By vielatioa of this artiele shall!Je sHbjeet to a peBaity of Bet less thaa $5 flor more thaa $100 ana eosts. .^.RTICLE II Takiag of Shellfish and Eels [l.deptea BY 6 23 1966] ~219~ 1. Title. This artieIe Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of Southold." ~219-71. Definitions. For the purposes of this artieIe Chapter, the terms used herein are defined as follows: AOUACU L TUREIMARICUL TURE - The cultiyation, planting, containment or harvesting of products that naturallv are produced in the marine enyironment. including fish, shellfish, crustaceans and seaweed, and the installation of cribs, racks and in-water structures for cultivating such pruducts, but excluding the construction of any building, any filling or dredging or the construction of anv water regulating structures. BOATNESSEL - Any floating obiect capable of carrying people as a means of transportation in water, including without limitation an airplane capable oflanding on water, anv floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion. which obiect can be moored independently or can be secured bv any means to a piling, dock, bulkhead, groin or other fixed deyice located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the eyidence ofthe flow of tidal waters, which is commonly traversed by boat/yessel and is designated by channel markers. including man-made or stablilized waterways designed for the Updated: 7/18/2007 11:47 AM by Lynda Bohn Page 2 Resolution 2007-624 . B!t Meeting of July 17,2007 navigation of boats/vessels. For the purpose of this Chapter. boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water bv utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES -".BY Ilse sr fllll1lsse sther thaa for fosa eonslIHIfltien by the flersons taking the shellfish or by members of slleh flersen's household. Taking. containment or harvesting of shellfish or other marine resources to sell to a third partv. CONTAINMENT - The placement and possession of shellfish in a basket. tub. bag. or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EE L - The American eel. FIXED GEAR - Fishing eQuipment that is set in a stationarv position. including without limitation pots. moorings. long line. hand line. weir nets. gillnets and traps. GUEST - A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs. horseshoe crabs. eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title bv the Town of Southold Board of Trustees bv virute of the Andros Patent. PERMANENT RES IDENT - A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish ifno permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHE LLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles aHd , conchs, channeled whelk and knobbed whelk. TAKING - The removal or harvesting of shellfish and other marine resources bv any means. TAXPAYER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPORARY RES IDENT ,^, flerson who has oeellflied living qllarters within the Tovffl of Soatholo ouring the perioo of not less than seyen oays immeoiately preeeoillg the oate of his Updated: 7/18/2007 11:47 AM by Lynda Bohn Page 3 Resolution 2007-624 apfllieatioB far a fl6ffilit herelll1der. . ad Meeting of July 17,2007 TOW~! W f. TBRS All waters aDd lands lffider tidewater iB 8Rj' harbar, eay ar sreek, title ta whieh aDd the right ofiisbing iB whieh is vested iB the TowB ofSelitheld aBEl/Elr iB the Beard ef Trustees of the TewB af SollthoId. TOWN WATERS - All the waters Iving over Patent Lands. ARTICLE II Shellfish 9219-8 Q. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (I) Persons AMes 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The iunior commercial shellfish license aRd will be at half the cost of a commercial license. The parents or guardian of the applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- temflorary resident upon first obtaining a non- temfloFlll'Y resident shellfish permit therefer from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this lIf'lieIe Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this lIf'lieIe Chapter for such permanent resident. E. No person BElt a permaBeftt resideRt, a taxpayer, a tempElFlH')' resideRt Elr a gliest aeeompa-nied by a peffilaDeRt resideRt shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, f-ollRd aBoard any bElat or vessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. G, Shellfish may be taken from TOWIl waters for noneommereial plirposes by a flermanent resideftt linder the age of 14 years withollt obtaiBiBg a permit therefor. [".dded 7 7 19&2 by Updated: 7/18/2007 I 1:47 AM by Lynda Bohn Page 4 Resolution 2007-624 L.L. Ne. 5 1982] 9219-91. Permit fee; expiration; display. . Bst Meeting of July 17, 2007 A. The fee for a commercial shellfish permit shall be set from time to time by resolution of the Town Board. upon recommendation by the Board of Trustees. $20. Efreetive oa aIld after JaIlaary I, 1991, fue fee for a eommereial shellfish pe_it shall be $35. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non- temporary resident shellfish permit shall be set from time to time by resolution of the Town Board. upon recommendation by the Board of Trustees. $1 (). SlIeh permit sllall be iSSHed ollly for the period of time that slieR temporary resideHt oeellpies liviag qtIarterG withia the Tovm of SolltllolEl. The non-resident permit shall expire on September 15 of the year of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be ~ Bffeetive oa aIld after JaIlllary I, 1991, the foe fer slleh permit shall be $5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them Iliffi. 9219-W.8.. Scallops. A. The Trustees efthe TEJ'lm efSolltheld ma-y establish, BY resolmioa, the dates of the eemmereial aIld aeaeemmereial seallep seasea Based oa the ea'iironmeHtal aIld eeeaomie eoHditioas ia efreet eaeh year. [.^.meaded 9 B 1994 by L.L. }Io. 19 1994] Scallop season for residents and non-residents shall be set pursuant to New York State. as adopted by Board of Trustee resolution. B. Subiect to the provisions of this section. during the first two weeks ofScallp season. harvesting in Town Waters shall be by hand or with a scap net only. During the first two weeks of Scallop season. harvesting in Town Waters shall be open to all permit holders. for the noncommercial limits set forth herein. DUfiag the aoaeommereial seallop season, aot more than l.Q Bushel of seallops mllJ Be takea from TO'lm 'l:aterG ia allY oae day BY hand or with a sealp aet. [:\meaded 77 1982 BY L.L. No.5 1982; 9 B 1994 BY L.L. No. 19 1994] C. Except as set forth above. dl)uring the commercial scallop season, scallops may be taken from Town waters with a dredge or sefape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or serape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a temporary non- resident or a guest,-wIlen accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day by anyone (1) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (1 ) bushel of scallops in one (1 ) day for noncommercial purposes. fer other thall eommereial pllfJloses. [f.mended 7 7 1982 by L.L. No.5 1982] Updated: 7/18/2007 11 :47 AM by Lynda Bohn Page 5 Resolution 2007-624 . ad Meeting of July 17,2007 E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays e)[6ept by IUIRd or v.idl a sealp aet bv uses of dredge or other power device. H., Oaly seallops measuriag mare than 2 I1~ iashes from the middle of the hiage to the middle of the Bill may Be tallea from TO'NIl. waters exeept as provided Below. [.'\meadod I 21 1997 by 1.1. No.2 1997] H. Scallops measuring less than 2 I.'~ ill.shes 'Nith llR W1ffiIllI growth lill.e having an annual I. growth line and measuring not less than 2 \4" from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. 9219-H-2. Clams. A. Hard clams less than one inch in thickness shall not be contained tllkell. from To';.'Il. waters and shall be subject to the requirements set forth in Section 219-14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained takea from Tawil. wateFs and shall be subject to the requirements set forth in Section 2 I 9- 14A. C. Churning by power may not be employed in the taking of soft clams on land below the high- tide line in Town waters. D. A permanent resident, a taxpayer, a teFfljlorary non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. 92 I 9~ lQ. Oysters. A. Oysters shall not be taken from Town waters during the period from May I to August 31 in each year, both dates inclusive. and shall be subject to the requirements of Section 2 I 9- I 4A. B. Oysters shall not be taken from Town waters during the period from sunset to sunrise. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters. and shall be subiect to the requirements of Section 2 I 9- I 4A. D. A permanent resident. a taxpayer, a non-resident or a guest accompanied bv a permanent resident may take not more than one-half (1/2) bushel of oysters from Twon Waters for noncommercial purposes in any one (I) day bv anyone (I) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (I) bushel of oysters from Twon Waters in one (I) day for noncommercial purposes. The Trustees ofihe Town of SOllthsIElma)' estaBlish, BY resollltisa, the limits on the HIIIRBer of oysters whish may be Updated: 7/18/2007 1 1:47AM by Lynda Bohn Page 6 Resalutian 2007-624 · Bid Meeting af July 17,2007 barvested fer eommereial p1iI'floses and noneoHlffiereial plifllsses. /\ permanent resident, Ii taxpayer, Ii temporary resident or gllest aeeompanied ily Ii resident may harvest oysters fer noneoHlffiereial plIrf10ses in the ~lltlIltities set ily resshttien sf the Trustees. [.^ JBended 7 7 1982 by L.L. No.5 1982; 121 1997 ily L.L. ~ls. I 1997] Editor's Note: Former Sabseetion E, amended 7 31 1973, wllieR immediately followed tRis sltSseetion and dealt '.vitR the amolillt of oysters a1lo'.ved to ae taken from Town waters for eomrnereial purposes, '.vas repealed 121 1997 ay L.L. Na. I 1997. Nat mare than twa thausand (2.000) aysters may be cantained ar taken fram Tawn Waters E. far cammercial purpases in any ane (1) day by any ane (1) persan. Twa (2) ar mare persans accupying the same baat may take. in aggregate. nat mare than faur thausand (4.000) aysters in ane (1) day fram Tawn Waters far cammercial purpases. ARTICLE III Other Marine Resaurces g219-11~. Blue claw crabs. A. Blue claw crabs must be harvested accarding ta new york State Department af Enyiranmental Canservatian regulatians. Bille elaw eraes measuring less tRan five ineRes from paint te poillt efthe \Ifljler shell shall not ae taken from the ,,,aters ofilie Town of Sellthsld. B. .^. p8ffilanent resident, a taxpayer, a temporary resident ar a guest aeeelHf1anied ay a permanent resident may nat take more tllan 1/2 allsRel efalue slaw eraes from Tey.'f1 waters in lIBj' ene day for nonsommersial jllifllsses. [:'emended 7 7 1982 ay L.L. No.5 1982] G. Female bllle slaw eraes shall net ae taken from tRe waters of tRe TOWIl of SOllthold. [:\mended 7 14 1987 ay L.L. No. 12 1987] Q~~~~~~~~~~~~~~~~~~~ have affi)[ed thereto tbe indi'iidllal's shellfisb permit n\lIllaer. [:\dded 7 14 1987 ay L.L. No. 121987] g219-12 4. Mussels. A. A permanent resident, a taxpayer, a temporary nan-resident ar a guest accampanied by a permanent resident may nat take cantain mare than ane bushel af mussels fram Tawn waters in ane day far nancammercial purpases. Twa (2) ar mare persans accupying the same baat may cantain. in aggregate. nat mare than twa bushels afmussels fram Tawn Waters in ane (1) day far nancommercial purpases. B. Nat more than 10 bushels of mussels may be taken fram Tawn waters far cammercial purpases in ane day by any ane persan. Twa ar mare persans accupying the same baat may take cantain, in the aggregate, nat mare than 20 bushels af mussels in ane day for commercial purpases. C. Ribbed mussels shall be cantained by handpicking anly. Raking far mussels in peat bag areas shall be prahibited. D. The cantainment af mussels is further regulated by New Yark State. g219-11~. Eels. Updated: 7/18/2007 II :47 AM by Lynda Bahn Page 7 Resolution 2007-624 . .d Meeting of July 17,2007 A. Commercial purposes. No more than 50 eel pots or traps per permittee in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated bv New York State. ARTICLE IV Operational 9219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this llflieIe Chaoter shall be immediately returned alive to the water in the immediate vicinity of where thev were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. Q219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of anv channel svstem and the gear shall not impede navigation. 9219-167. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees ami properly stal,ed and notices posted by said Board of Trustees. Q219-17. Planting of Shellfish Seed. Notwithstanding anv other provision of this Chapter. the Board of Trustees mav approve an organization's plan for olanting shellfish seed in Town Waters and upon approval. the Board of Trustees mav then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved pain. 9219-18. Transplanting of shellfish. Notwithstanding any other provision of this llflieIe Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators. economic factors or other detrimental causes. 9219-19. Dredges and scrapes. Except as permitted by 9 219-.!!-WC of this llflieIe Chapter, the use of a dredge, scrape, ell eel dredge, hvdraulic means or similar device tawed by a Iloat operated by mechanical power or other means is prohibited in Town waters. EJ,eept as permittedlly ~ 219 10C of this artiele, the ase of a dredge, serape, ell dredge or similar deviee to.....ed Ily a Iloat operated Ily meeaanieal Updated: 7/18/2007 II :47 AM by Lynda Bohn Page 8 Resolution 2007-624 . B_ Meeting of July 17,2007 pa'Ner ar ether mealls is prohibitea iR TovlH '.vaterG except by special permission of the Trustees for scientific study projects. 9219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of South old without prior written approval by the Board of Town Trustees of the Town of Southold. &219-21. AquaculturelMaraculture Exemption. The Board of Trustees mav grant an exemption or variance, in terms of permitted sizes. number and time periods of harvest. from the provisions of this Chapter for aquaculture/maracu1ture activities that are properlv permitted bv the New York Department of Environmental Conservation. 9219-22-l-. Penalties for offenses. A. i\ny persaR eOfl'/ieted of all offense agaiRst allY pfO.tisioR of thiG artiele shall be deemed to ila.te eammittea a via1atiaR against slieh artiele aIla a1sa shall be liable for any sueh affeRse or peflalty therefar. A.& For 8'f8FY- each offense against any provision of this artiele Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days;-ff bath sueh fifle and imprisonment. B.G. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall cORstitute and offeet an immediate forfoitare sf a permit issaed to slieh persoR. No new permit shall be issued to such person for at least one year after such forfeiture. )+.. .'.lty perSOR eammittiRg all offellse agaiRGt this artiele shall be sabjeet to a eivilpeflalty eRforeeable and eolleetible by the TO'Nfl f-or eaeh slieh affeRse. Such penalty shall be collectible by ana iR the Ilame efthe Tewn. C.E. In addition to the above-provided penalties and punishment, the Town Board may also maiHtaill commence an action or proceeding iR the Rame efthe TevlH in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this artieIe Chapter. &219-23. Coordination and enforcment. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions of this Chapter. and have the authority to issue violations of the provisions of this Chapter. III. SEVERABILITY Updated: 7/18/2007 11:47 AM by Lynda Bohn Page 9 Resolution 2007-624 . ad Meeting of July 17, 2007 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~~~'/.L. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman A YES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Updated: 7/18/2007 11 :47 AM by Lynda Bohn Page 10