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HomeMy WebLinkAboutChapter 219 Shellfish & other Marine Resources Code 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 From: Mark Terry, Principal Planner X'~ .(. LWRP Coordinator ~ Date: ~, 2007 Re: Request for Local Waterfront 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 Sonthold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP 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 LWRP Policies 6 and 11 that known eelgrass (Zostera marina L) beds are designated as spawner sanctuaries 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 of tlme". The applicable policies and sub policies are outlined below: Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: 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 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. 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 structures causing the eelgrass plants to dislodge from the substrate and eventually die. The action results in the physical loss of ecological components. Protect and restore ecological quality by adhering to the following measures. 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. 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. 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. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal var/ability, to provide for self-sustaining systems. Avoid permanent adverse change to ecological processes. It is widely known that the Peconic Estuary (PEP) provides important habitat, as well as spawning and nursery 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 thc nutrient cycle in the estuary. Eelgrass beds provide shelter and food for a variety of juvenile finflsh 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 resideut 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 (Argopectin 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 eeigrass 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 effluent, can spur phytoplankton growth. Excessive growth or "blooms" of 11.1 Ensure phytoplankton reduce the water column transparency and so decrease the amount 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. In a recent published report titled "Total Maximum Daily Loads for Nitrogen in the Peconic Estuary Program Study Area, Includinf, Waterbodies Currently Impaired due to Low Dissolved Oxygen: the Lower Sawmill Creek; and Meetinghouse Creek~ Terry Creek and Tributaries (July 18~ 2007)" high nitrogen level have been linked to algal blooms which result in low dissolved oxygen conditions and subsequent 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 casual clamming is minor and, given time, the meadow will repair itself. Conversely, chronic clamming in areas will eventually overwhehn the population's ability to regenerate the meadow and the population decline or disappear totally. the long-term maintenance and health of living marine resources. Ensure that commercial and recreational uses of living marine resources in the Town of Southold are managed in a manner that: 1. places primary importance on maintaining the long-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, including the use of certain gear types~ gear sizes and practices that have negative impacts on marine habitats. 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. Foster the occurrence and abundance of the Town's marine resources through: 1. protection of spawning grounds~ habitats~ and water quality~ 2. enhancement and restoration offish and 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 such shellfish". This requirement is difficult 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 Sanctuaries" 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, LWRP Coordinating Council Town of Southold L~ CONSISTENCY ASSESS~NT FO~ ',: ;(, ~1~1 INSTRUCTIONS ~ ~ 1. All applic~ for pemts* includ~g To~ of Sou~old agencies,~ shall complete ~s CC~ fo~ proposed actions ~at ~e subject to ~e Tom of Sou~old Wate~ont~.'~~ ~sessmem is intended to supplement o~er i~o~afion used~y~T~o[~~nc~5 i? m~ng a detem~ation of comistency. *Except minor exemp~ac~ons-~u~t~-Bfi~[di~its and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): To,vnBoard P,an.ingBoard Bui.ingOept. .oardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Lpcation of action: Site acreage: t~//4 Present land use: Lc~i ~L Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) ?~-~-- [~3L- (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ NopSI If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes [~ No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~'~ Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes ~-~ No []' Not Applicable 1 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LwRP Section III - Policies Pages 8 through 16 for evaluation criteria ~Yes No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes [~ No [-~_. Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [-~ No ~-~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes~ No Not Applicable Attach additional sheets if necessary ' LORKING COAST POLICIES Policy f0. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. Yes ~-] No ~-~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. YesNo Not Applicable · Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [~Yes [~ No ~ Not Applicable P~PA~DBY TITLE If,/9, FINAL DRAFT 3/07 Chapter 219, SHELLFISH AND OTHER MARINE RESOURCES [HISTORY: Article I adopted by the Board of Trustees of the Town of Southold 6-29-33; Article II adopted by the Town Board of the Town of Southold 6-23-66. Sections 77-201, 77-204E, 77- 206E and 77-212 amended and §§ 77-202F, 77-207 and 77-208 added during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] GENERAL REFERENCES Boat, docks and wharves -- See Ch.96. Coastal Erosion Hazard Area - See Chap. 111 Ducks -- See Ch. 83. Wetlands -- See Ch. 275. Article I GENERAL PROVISIONS § 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 )~ic!e Chapter when they shall have actually and continuously resided within the said town for a period of at leasto'~]x w~ ~ --~'~ sixty (60) days immediately _~,,~,,..o preceding such date. § 219-2. Effect. No provision of this. -,i~.~ 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. § 219-3. Title. [Amended 7-31-1973; 7-7-1982 by L.L. No. 5-1982] This ....... Chapter shall be known as the "Shellfish and other Marine Resources Law of the Town of Southold." § 219-4. Purpose. [Added 7-7-1982 by L.L. No. 5-1982] It is the purpose and intent of this P~ic!e 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, economy and welfare of the Town of Southold. § 219-5. Definitions. For the purposes of this ~ Chapter, the terms used herein are defined as follows: AQUACULTURE/MARICULTURE: Shall mean the cultivation, planting, containment and 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, hut excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. BOAT/VESSEL-- Any floating object capable of carrying people as a means of transportation in xvater, including an airplane capable of landing on water as well as any floating structure not other wise considered to be part of a dock structure as defined herein, with or without means of propulsion, that 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. This definition excludes floating docks. CHANNEL SYSTEM--The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters and commonly or usually traversed by watercraft/boat and designated or marked by channel markers; and to man-made or stabilized waterways designed for the navigation of whtercrat't. For the purpose ol this Chapter, boat basins and bathing areas are included in the "channel system". CHURNING - The removal of shellfish from lands below average low water by utilizing the propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES n ................. .~. +~- ~^. ~ ........ .:~- ~.. ,~.~ pe~ons--Taking of shellfish and other marine resources to sell. CONTAINED: the possession of shellfish in a basket, tub, bag, or any type of containment. CULLING Separating shellfish and other marine resources according to size EEL -- The American eel. [Added 6-2-1992 by L.L. No. 11-1992] FIXED GEAR--A type of fishing gear that is set in a stationary position. Examples include, pots, moorings, long line, hand line, weir nets, gilinets and traps. GUEST -A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. NON-RESIDENT--One who does not reside in the Town of Southold. PATENT LANDS--AIl uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PERMANENT RESIDENT -- A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than sixty (60) days immediately preceding the date of their application for a permit hereunder, or the date of taking shellfish if no permit is required. TAKING--The removal of shellfish or harvesting of shellfish and other marine resources by any means. TRUSTEES--The Board of Trustees of the Town of Southold. SCAP NET -- A hand-operated net attached to a handle with an opening across the mouth of no more than fourteen (14) inches. [Added 9-6-1994 by L.L. No. 19-1994] SHELLFISH -- Clams, scallops, oysters, mussels, periwinkles and conchs. (Channeled Whelk, Knobbed Whelk)[Amended 7-7-1982 by L.L. No. 5-1982] MARINE RESOURCES: Including but not limited to blue claw crabs, horseshoe crabs & eels. TAXPAYER -- A person who owns real property as shown on the assessment roll of the Town of Southold. [Added 7-7-1982 by L.L. No. 5-1982] TEI~ .................... v ......... ~ '~ ............... TOWN WATERS -All the waters lying over Patent Lands. ARTICLE II Shellfish ~ [Adopted by Town Board 6-23-1966] § 219-6. Permit requirements. A. Shellfish may be taken from Town Waters for commercial purposes by a permanent resident over the age of fourteen (I 4) years upon first obtaining a commercial shellfish permit therefore from the Town Clerk of the Town of Southold. [Amended 7-7-1982 by L.L. No. 5- (1) Persons Aages twelve (12) and thirteen (13) can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The junior commercial shellfish license a.-:~ will be at half the cost of a commercial license. The parents or guardian must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. [Added 8-23-1994 by L.L. No. 18-1994] B. Shellfish may be taken from Town Waters by a tzmpzrary non-resident upon first obtaining a tempom~ non-resident shellfish permit thc, reft, r: 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 ten (10) years of age or older upon first obtaining a permanent resident or taxpayer's permit t-her-ofo~ from the Town Clerk of the Town of Southold. [Amended 7-7-1982 by L.L. No. 5-1982] 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 P~"tic,!c 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 ~A~iC!e Chapter for such permanent resident. [Amended 7-7-1982 by L.L. No. 5-1982; 5-10-1983 by L.L. No. 6-1983] E. No person s .......... v .................... , ..... v.av., ...... vv.~ j ......... , _v_ ........... ~ ........... v ......v - v ................. nt shall take shellfish in any manner at any time from town waters without a permit. [Amended 7-%1982 by L.L. No. 5-1982] F. The t~es6m~3e possession of shellfish in excess of the limits, or of less size than that, set forth in th~s Chapter ....... , ............ : .... ^ ....... ~ ........ in the waters of the Town of S outhold, shall be deemed presumptive evidence of a violation of this ~A~iC!C Ch apter.[Added 7-31-1973] ~no'~u,,~ · x*~ 5 1982] § 219-7. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set by a resolution to the Town Board based upon recommendation made by resolution of the Board of Trustees-hvemy shall be '~:""~,,~., -,~'~ ~.~"~ ~.~.~ ~ Such pe~it shall expire on December 31 of~e ye~ of its issu~ce, or as per Trustee Resolution. [~ended 7-7-1982 by L.L. No. 5-1982; 11-15-1983 by L.L. No. 13-1983; 10-23-1990 by L.L. No. 22-1990] B. The fee for a tcmpor~y non-resident shellfish pe~it shall be ~ set by a resolution to the Town Board based upon recommendation made by resolution of the Board of Trust ~..~ -~:, ~, ~: ..... ~ ~.. r~ +~ ~ ~r,:~ ,u~ .... u + ................ v ........ ~ ~ .................................... ended 10-23-1990 L.L. No. 22-1990] The non-resident and guest privilege permits will expire September 15 or a~ pe~ Tt~ Resolution. C. The fee for a non commercial pe~ent resident or taxpayer shellfish pe~it shall be doll,s ($5.). Such pe~it shall expire on December 31 of~e ye~ of issuance. There shall be no fee for a pe~ent resident who has attuned the age of sixty-~o (62) ye~s, or as per Trustee Resolution. [Added 7-7-1982 by L.L. No. 5-1982;EN mended 7-14-1987 by L.L. No. 12-1987; 10-23-1990 by L.L. No. 22-1990] D. The holder of a shellfish pemit shall c~ the pe~it assi~ed to him on his person while engaged in ~e pemtted activities, ~d the faille of such holder to exhibit ~ their pe~it to enforcement officer shall be presmptive evidence ~at no valid pe~it has been issued to him. § 219-8. Scallops. A. Scallop season for residents and non-residents shall be set as per New York State and as per Trustee resolution. B. Subject to the provisions of this section, during *~ ........... :.~ .~u^~ ............................. ~ ~a~o~ the first two weeks of Scallop season harvesting in Town Waters shall be by hand or with ascap net only. During the first two weeks of the scallop season harvesting in Town Waters shall be open to all permit holders, for noncommercial limits set forth herein. IAmcndcd 7-7-1982 by L.L. No. 5-1982; 9-6-1994 by L.L. No. 19-1994] C. Except as set fourth above, during the commercial scallop season, scallops may bc taken from town waters with a dredge c,r gcrapc having an opening at the mouth of not more than thirty-six (36) inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge ~r scrape is brought aboard the boat by hand power without the use of a mechanical device. [Amended 9-6-1994 by L.L. No. 19-1994] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a tempomr-y non-resident or a guest ,,vhen accompanied by a permanent resident, may take from Town Waters not more than one-half (1/2) bushel of scallops for noncommercial purposes in any one (1) day by 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 non commercial purposes, fc, r c, tP. cr *~..,.~ ......... ,~¥..,~,,,,.v,~.:"~ v~vwo~. ....... [Amended 7-7-1982 by L.L. No. 5-1982] E. Subject to the provisions of this section, not more than five (5) bushels of scallops may be taken from Town Waters for commercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than ten (10) bushels of scallops in one (1) day for commercial purposes. [Amended 7-31-1973; 7-7-1982 by L.L. No. 5-1982] 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 era--apt by ................... t- ~ use of dredge or other power device. ...... .:~, ~ .t.~ ,~ !/4 :~-*' ..... :*~' ........ ~ ..... ,~, ~i,~, having an annual H. Scallops ........... ~ ................................ ~ ............ growth line and measnring not less than 2 ~ "from the middle of the hinge to the middle of the bill may be taken from Town Waters during the season set by resolution of the Southold Town Board of Trustees. [Added 1-21-1997 by L.L. No. 2-1997] § 219-9. Clams. A. Hard clams less than one (1) inch in thickness shall not be tn!ran contained; and shall be subject to the requirements set forth in Section 219-14A. B. Soft or steamer clams less than two (2) inches in the longest diameter shall not be hageu contained; and shall be subject to the requirements set forth in Section 219-14A..tram town C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in town waters. [Amended 6-4-1991 by L.L. No. 11-1991] D. A permanent resident, a taxpayer, a tc..'npzrary non-resident or a guest accompanied by a permanent resident may mk-e contain not more than one hundred (100) hard clams and one hundred (100) soft clams from Town Waters in one (1) day for noncommercial purposes. [Amended 7-7-1982 by L.L. No. 5-1982] 6 § 219-10. Oysters. A. Oysters shall not be taken from town waters during the period from 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 from sunset to sunrise. C. Only oysters measuring more than three (3) inches from the hinge to the bill may be contained or 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 any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than one (1) bushels of oysters from Town Waters in one (1) 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 any one (1) day by any one (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. [Added 7-7- 1982 by L.L. No. 5-1982; amended 6-1-1993 by L.L. No. 7-1993] Article III - OTHER MARINE RESOURES § 219-11. Blue claw crabs. [Added 7-31-1973] ~ ........ 12 A. Blue claw must be harvested as per New York State Department of Environmental Conservation (~SDEC) regulations. § 219-12. Mussels. [Added 7-31-1973] 7 A. A permanent resident, a taxpayer, ~mp~a~, non-resident or a guest accompanied by a permanent resident may not ta!:e contain more than one (1) bushel of mussels from Town Waters in one (1) day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain, in aggregate, not more than two (2) bushel of mussels from Town Waters in one (1) day for noncommercial purposes. [Amended 7-7-1982 by L.L. No. 5-1982] B. Not more than ten (10) bushels of mussels may be contained or taken from town waters for commercial purposes in one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may contain, in the aggregate, not more than twenty (20) bushels of mussels in one (1) day for commercial purposes. C. Ribbed mussels will be taken by handpicking only; no raking in the peat bog. D. Regulations are set by New York State § 219-13. Eels. [Added 6-2-1992 by L.L. No. 11-1992] A. Commemial purposes. No more than fifiy (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 (5) eel pots in town waters shall be permitted. All pots must be identified with the shellfish permit number. C. Regulations are set by New York State. Article IV - Operational § 219-14. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. Ail shelltlgtFcomained which do not comply with the provisions of this P~ic!e Chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. §219-15---Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of any channel system and the gear is not to 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 resolution duly passed by said Board of Trustees a,':~ prcpcr!y :takcd and notices posted by said Board of Trustees. §219-17 Planting of Shellfish Seed Notwithstanding any other provisions of this Chapter, the Town Board of Trustees may approve an organizations plan for planting shellfish seed in Town waters and upon approval, the Town Board of Trustees may then authorize the said organization and other volunteers acting under their supervision to plant the shellfish seed in accordance with the approved plan. § 219-18 Transplanting of shellfish. Notwithstanding any other provision of this ,n~ic!c 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, negative economic benefits or other detrimental causes. § 219-19. Dredge. [Added 7-7-1982 by L.L. No. 5-1982; amended 1-21-1997 by L.L. No. 1- 1997] Except as permitted by ~-7-7404G §219 8C of this ....... , Chapter the use cfa dredge, scrape, eg eel dredge, hydraulic means or similar device tmved-by~b~ operated by mechanical power or other means is prohibited in town waters ~ .... * ..... :"~ ~'-' ~ ,7,~ ~nAt- · ,v ....... v ............ v ...................... v ......................... exce special permission of the Trustees for scientific study projects. § 219-20. Vegetation removal prohibited. [Added 12-28-1990 by L.L. No. 30-1990] § 219-21 Aquaculture/Mariculture Exemption: An exemption may be obtained from the Southold Board of Trustees for any defined activities in this Chapter that are permitted and any stated limits in terms or size, time of harvest and the number of shellfish permitted to be harvested. Any Aquaculture/Mariculture activities must be properly permitted by the New York State Department of Environmental Conservation (NYSDEC). § 219-22 Article IV: Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] B.A For every each offense against any provision of this ....... Chapter, the person committing the same shall be subject to a fine ............ tkan not to exceed two hundred fifty dollars ($250.) or imprisonment not exceeding fifteen (15) days, or both ...... fine ~ C= B. A second conviction for an offense against any ~c,~,~ . . ...... provlsmns of this Article within a period of one (1) year shall .............. ~ec~+ ~ 9 suc-h-persoa, result in immediate revocation of their permit. No new permit shall be issued to such person for at least one (1) year after such forfeiture. g:. C.ln addition to the above-provided penalties and punishment, the Town Board may also ~n;~,~;~ ' d' g ;~ ~ ..... ~,u~ · ..... i f pet ........... commence an action or prece in ................. nacourto com ent jurisdiction to compel compliance with or to restrain by injunction the offense against this Chapter. §219-23 Coordination and enforcement. The Bay Constable and/or the Director of Code Enforcement are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement and/or Bay Constables have the authority to issue violations of this chapter.