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HomeMy WebLinkAboutLL-1982 #05 LOCAL LAW NO. 1982 A Local Law Providing for the Taking of Shellfish in Town Wa!ers BE IT ENACTED by the Town Board of the Town of Southold as follows: Article II of Chapter 77 of the South'old Code is hereby amended as follows: I. Section 77-200 thereof is amended to read as follows: This Article shall be known as the "Shellfish Law of the Town of Southold". Il. A new Section is added thereto, to be Section 77-200A, to read as follows: § 77-200A. Purpose It is the purpose and inteni of this article to provide for the protection, 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. III. The term "Shellfish" contained in Section 77-201 (Definitions) is amended to read as follows: SHELLFISH- Clams, scallops, oysters, blue claw crabs, mussels, peri- winkles and conchs. IV. Section 77-201 (Definitions) is amended by adding the following: TAXPAYER - A person who owns real property as shown on the assessment roll of the Town of Sou:ho!d. V. Subdivision A of Seciion 77-202 is amended t,:: read as follows: A. Shellfish may be iaken fro~.~l town waters for commercial purposes by a permanent resident over the age of fourteen (14) years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Sou!hold. VI. Subdivision C of Section 77-202 is amended to read as follows: C. Shellfish may be taken from town waters for non-commercial purposes by a permanent resident or taxpayer upon first obtaird.ng a permanent resident or ta_~:payer's permit therefor from the Town Clerk of the Town of Southold. VII. Su'buivision D of Section 77-202 is amended to read as follows: D. Shellfish may be taken from town waters for noncommercial purposes with- out obtaining a permit therefor by a guest when accompanied by a Dermanent resident in whose dwelling such guest occuFiesiiiving quarters, provided that such permanent resident is the holder of a valid shellfish permit. V]XI. Subdivision E of Section 77-202 is amended to read as follows: E. No person not a permanent resident, a taxpayer, a temporary resident or guest accompanied by a permanent resident shall take. shellfish in any manner a~ ~,~ time from town waters. IX. Section 77-202 is amended by adding a new subdivision, to be subdivision G, to read as follows: ©. Shellfish may be taken from town waters for'noncommercial purposes by a permanent resident under the age of fourteen (14) years without obtaining a permit therefor. X. Subdivision A of Section 77-203 is amended to read as follows: A. The fee for a commercial shellfish permit Shall be five ($5.00) dollars. Effective on and after January 1, 1983, the fee for a commercial shellfish permit shall be fifteen ($15.00) dollars. Such permit shall expire on December 31 of the year of issuance. ixZ!. Section 77-203 is amended by adding a new subdivision, to be subdivision C, and relettering the present subdivision C lo subdivision D. C. The fee for a permanent resident or taxpayer shellfish permit shall be one ($1.00) dollar. Effective on and after January 1, 1983, the fee for such permit shall be three ($3.00) dollars. Such permit shall expire on December 31 of the year of issuance. Subdivision B of Section 77-204 is amended to read as follows: B. Subject to the provisions of this section, during the period from the first Monday after the third Sunday in September to October 9 in each year, both dates inclusive, not more than one-half (1/2) bushel of scallops may be taken from town waters in any one (1) day by hand or with a scalp net. vr~.~. Subdivision D of Section 77-204 is amended as follows: D. Subject to the provisions of this section, a permanent resident, a taxpayer, a temporary resident, or a guest, when accompanied by a perrnanent resident, may take from town waters not more than one-half (1/2) bushel of scallops in any one (1) day for other than commercial purposes. XIV. Subdivision E of Section 77-204 is amended to read as follows: 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 s~me boat may take, in the aggregate, not more than ien (!0) bushels of scallops in one (1) day for commercial purposes. XV. Subdivision D of Seciion 77-205 is amended to read as follows: D. A permanent re~den~, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident may take not more than one hundred (100) clams from town waters in one (1) day £'or noncommercial purposes. -2- XVI. Section 77-205 is amended by adding a new subdivision thereto, to be sub- division E. to read as follows: E. Not more than one thousand (1,000) little neck clams 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 two thousand (2,000) little neck clams in one (1) day for commercial purposes. XVII. Subdivision D of Section 77-206 is ~nended to read as follows: D. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident may take not more than one -half (1/2) bushel of oysters from town waters in any one (1) day for other than commercial purposes. XVIII. Subdivision B of Section 77-207 is amended to read as follows: lB. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident, may not take more than one-half (1/2) bushel of blue claw crabs from town waters in any one (1) day for noncommercial purposes. KIX.. Subdivision A of Section 77-208 is amended to read as follows: A. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident, may not take more than one (1) bushel of mussels' from town waters in one (I) day for noncommercial purposes. X~i. A new Section is added thereto, to be Section 77-211 A, to read as follows: § 77-211 A. Dredges and scrapes Except as permitted by Section 77-204, subdivision C of this article, the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in town waters. k_~I, This Local Law shall take effect immediately. -3- STATE OF NEW YORK OFFICE OF THE STATE COMFTROLLERi ALBANY, NEW YORK 12236 EDWARD V. REGAN ~TATE COMP'I'ROLLER August o_O~ 1982 Robert Tasker, Town Attorney Town off Southold 425 Main St. Greenport, ~ 11944 Dear Sir/Madam: This is to advise that Local Law(s) No. for the Town of Southoifl 3-5 of ~.982 on 7/29/82 was received and ~ed .~.es~ruly yours~'---~ Associate Attorney Charters Unit KRP:dal cc: Secretary of State ~!ease Use this Form for Filing your Local Law with the Secretary of State) Text of taw should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. C~Slk Southold Town of ............................................................................................................................ Local Law No ................ .5. ...................................... of the year 19 .~.2.... the ...................................................................................................................................... of the Be it enacted by Town Board ~ Southold To~ of .............................................................................................................................................................. as follo~s: Article II of Chapter 77 of the Southold Code is hereby amended as follows: q · / !. ~ect'.on 77-200 thereof is amended ,t,o read as follows: This Article shall be known as the ' Shellfish Law of the Town of Southold". II. A new Section is added thereto, to be Section 77-200A, to read as follows: § 77-200A. Purpose It is the purpose and intent of this article to provide for the protection, 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. III. The term "Shellfish" contained in Section 77-201 (Definitions) is amen'ded to read as follows:' SHELLFISH- Clams, scallops, oysters, blue claw crabs, mussels, peri- winkles and conchs. IV. Section 77-20! (Definitions) is amended by adding the following: TAXPAYER - A person who owns real property as shown on the asse'ssment roll of the Town of Southold. V. Subdivision A of Section 77-202 is amended to read as follows: A. Shellfish may be taken from town waters for commercial purposes by a permanent resident over 'the age of fourteen (14) years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of South~ld. ~If additional ~pace is neededt please attach sheets of the same size as this and number each)'~ Page i VI. Subdivision C of Seciion 77-202 is amended to read as follows: C, Shellfish may be taken from town waters for non-commercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident 6r taxpayer's pern~it therefor from the Town Clerk of the Town of Southold. VII. Subdivision D of Section 77-202 is amended to read as follows: D. Shellfish may be taken from town waters for noncommercial purposes with- out 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. VIII. Subdivision E of Section 77-202 is amended to read as follows: E. No person not a permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident shall take shellfish in any manner at any time from town waters. IX. Section 77-202 fs amended by adding a new subdivision, to be subdivision G, to read as follows: G. Shellfish may be taken from town waters for noncommercial purposes by a permanent resident under the age of fourteen (14) years without obtaining a permit therefor, Subdivision A of Section 77-203 is amended to read as follows: A. The fee for a commercial shellfish permit shall be five ($5, 00) dollars. Effective on and after January 1, 1983, the fee for a commercial shellfish permit shall be fifteen ~t§. 00) dollars. Such permit shall expire on December 31 of the year of issuance. XI. Section 77-203 is amended by addling a new subdivision, to be subdivision C, and reletteri~g the present subdivision C t6 subdivision D. C. The fee for a permanent resident or taxpayer shellfish permit shall be one ($1.00) dollar. Effective on and after January 1, 1983, the fee for such permit shall be three ($3.00) dollars. Such permit shall expire on December 31 of the year of issuance. XII. Subdivision B of Section 77-204 is amended to read as follows: B. Subject to the provisions of this section, during the period from the first Monday after the third Sunday in September to October 9 in each year, both dates inclusive, not more than one-half (1/2) bushel of scallops may be taken from town waters in any one (1) day by hand or with a scalp net. XIII. Subdivision D of Section 77-204 is amended as follows: D. Subject to the provisions of this section, a permanent resident, a taxpayer, a ~emporary resident, or a guest, when accompanied by a permanen~ resident, may take from town waters not more than one-half (I/2) bushel of scallops in any one (1) day for other than commercial p~rposes. XIV. Subdivision E of Section 77-204 is amende~i to read as follows: 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 any one' (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in lhe aggregate, not more than ten (10) bushels of scallops in one (I) day for commercial purposes. XV. Subdivision D of Section 77-205 is amended to read as follows: D. A permanent resident, a taxpayer, a 'temporary resident, or a guest accompanied by a permanent resident may take not more than one hundred (100) clams from town waters in one (1) day for noncommercial purposes. XVI. Section 77-205 is amended by adding a new subdivision thereto, to be sub- division E, to read as follows: E. Not more than one thousand (1,000) little neck clams 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 two thousand (2, 000) little neck clams in one (1) day for commercial purposes. XVII. Subdivision D of Section 77-206 is amended to read as follows: D. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident may take not more than one -half (1/2) bushel of oysters from town waters in any one (1) day for other than commercial purposes. XVIII. Subdivision B of Section 77-207 is amended to read as follows: B. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident, may not take more than one-half (t/2) bushel of blue claw crabs from town waters in any one (I) day for noncommercial purposes. >%IX. Subdivision A of Section 77-208 is amended to read as follows: A. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent residenT, may not take more than one (1) bushel of mussels from town waters in one (1) day for noncommercial purposes. XX. new Section is added thereto, to be Section 77-211 A, to read as follows: / 77-211 A. Dredges and scrapes Except as permitted by Section 77-204, subdivision C of this article, the use of a dredge, serape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohi.bited in town waters. XXI. This Local Law shall take effect Augus~ 2, 1982 (Complete the certificatioa ia the paragraph w~ch applies to the tiling of this lacat law and strike out the matter therein which is not applicable.) (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated aslocal law No ....... ..5, ......... of 19..8..2.... Town Board of the ~ of.....S...°...u.?..h..9..t..d.. .............. was duly passed by the ................................................................................... Town (Name of Legislative Body) on ........ .J...u..!~L .7. ,-. ....................... t9.,.8...2., in accordance with the applicable provisions of law, (Passage hy local legislative body with approval or no disapproval by Elective Chief Executive Officer or repassage after disapproval.) I hereby certify t hat the local law annexed hereto, designatedas local law No .....................of 19 ........ County City of the Town of ...................................... was duly passed by the .................................................................................. (Name of Legislative Body) Village not disapproved on .................................................. 19 ........ and was approved by the ....................................................... repassed after disapproval Elective Chief Executive Of'fleer w and was deemed duly adopted on ........................................................19 ........ , in accordance with the applicable provisions oi' law. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local 1aw No ................... of 19 .......... County of the City of ...................................... was duly passed by the ...................................................................................... Town (Name of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................ repassed titter disapproval Elective Chief .~xecutive Officer ~' on ...................................................................... 19. ........ Such local law was submitted to the people by reason of a mandatory · · referendum,and received the affirmative vote of a majority of the qualified electors voting pe r,qllSS1 Ve general thereon at the special election held on ...................... .: ............................. 19 ........ , in accordance with the appli- annual cable provisions of law. (Subject to permissive reterendun~.and final adoption because no valid petition tiled requesting referendum.) t hereby certify that the local law annexed hereto, designated as local taw No ................... of 19 .......... County City of the Town of' ...................................... was duly passed by the ................................................................................ on {Name of Legislative Body) Village not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval Elective Chief Executive O~tiaer ~' .............................................................. 19 ......... Such local law being subject to a permissive referendum and no valid petition requesting such re£erendum having been ~ited, said local law was deemed duly aciopted on ..................................................................... :. 19 ........ , in accordance with the applicable provisions of law. *Elective Chief Executive Officer raeaus or include~ the chief executiv~ officer o/' a county ei~ted on a comity-wide bash or. if the~e be none, the chairman of the county legislative body, the mayor og a city or villatie or the superA~or of a town, where such officer is vested with power to approve or veto ~ laws or onit~m~. Page 2 (City local law concerning Charter re~ision proposed by petition.) t hereby certify that the local law annexed hereto, designated as local law No .....................of 19 ........ of the City of .......................................................................... having been submitted to referendum pursuant to the provisions of~ ~ 36 ' i 37 of the ,~mn c~pal' ttome Rule Law. and having received the affirmative vote of a maiority · ,. special of the qaahned electors of such city voting thereon at the general election held on .................................. ................ 19 ............ became operative. 6. (County local law concerning adoption of Charter.} I hereby certify that the local law annexed hereto, designated as Local Law No ....... of 19 ...... of the County of ........................................ State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to s[lbdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirma tire vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the 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 appropriato certitieation.) ~ 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 o~ the whole of such original local law, and was finally adopted in the manner indicated in paragraph ........... .1. ............... above. Date: July 12, 1982 Clerk of the County l~l~lat/ve body, City, Town or ~tga/e Cl~rk or officer designated by local legislative body Judith T. Terry, Town Clerk (Seal) (Certification to be executed by County Attorney, Carporatioa Counsel, Town Attorney, Village A~.torney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK Date: July 12, 1982 l, the undersigned, hereby certify that the foregoing local taw contains the correct text .and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Robert Wo Tasker, Town Attorney Tttl~ County City of ....S..9..u..~9.l.~ .......................................... Town Village Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD JULY 7, 1982 3:00 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW PROVIDING FOR 'THE 'TAKING OF S~rE'LLFI'SH IN'.T'OFN WATERS." ....... Present~ Supervisor William R. Pell, III Councilman John J~ Nickles Councilman Lawrence Murdock, Jr. Councilman Francis Jq Murphy Councilman Joseph L. Townsend, Justice Raymond W. Edwards * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR PELL: The hearing will be held now that was advertised on the proposed Local Law pertaining to Shellfish in the Town of Southold~ It will be read by Councilman Murdock. COUNCILMAN MURDOCK: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of June, 1982, a Local Law entitled, "A Local Law Providing for the Taking of Shellfish in Town Waters~" Said Local Law amen. ds certain .articles and.sections of Chapter 77 of the Code of the Town of Southold, entitled, "Shellfish Law of the Town of Southold".. The purpose and intent of this article Js to provide for the protection, preservation and the proper use and maintenance of town waters and lands under to~m 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.. Copies of said Local Law are available in_ the office of the Town Clerk to any interested persons during business hours~ Notice is further given tha.t the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Sbuth01d Town'Hall, Main Road, Southold, New York, on the 7th day of July, 1982 at 3:00 o'clock P~-M~, at which time all interested persons will be heard. Dated; June 22.,- 1982, By Order of the Southold Town Board, Judith. T. ~e~r'y, Town Clerk." I have notice of publication of this notice by Troy Gustavson of the Suffolk Weekly Times'.. Notice.of publication by Pa~ricial Wood of the Long Island Traveler~Watchman~ I h~ve a notice of the Town Clerk Judith T~ Terr~. that the .notice was .affixed to the Town Clerk's Bulleti~ Board.. Page 2 - Public Hearth's..'- July 7, 1982 - Local La~ .... Shellfish Law SUPERVISOR PELL: Thank you. You have heard the reading of the public notice. The Town Board is interested ag this time to hear from anybody who would like go speak in £avor of the proposed Local Law. In favor of the proposed Local Law. Mr. Jarvis Verity, President of the Soughold Town Baymens Association. MR. JARVIS VERITY, President, Southold Town Baymens Association: I'm in favor of this law.- It's going to help out a lot. It's going to help us more in buying clams and getting clams and it will be better for the Baymens Association. We are dropping our 10 and 20 bushels of scallops down to 5 and 10 for the commercial' man and on the clams we're dropping the clams down for the limit ox the clams for 1000 clams for the man who goes in the water, that's two counts and then we have for the man in the boat, 4 ~ourts for the man in the boat. I thinR it's going to be begger. For the license, the people paying the l~cense~ the license money goes in for the Baymen and for the residents, it's going to be put ~nto ~.he clam program and for the scallop program so you can buy clams and I think we're going to get more clams and we're going go have more clams to put in these c~eeks~ because we got people working the creeks now and you go supply those creeRs: with more clams, you're not going to have very much stuff ~ft and we need all the clams we can get~ SUPERVISOR PELL: Mr. Verity~ perhaps I read this wrong or something, but the money that comes' in. goes into the General Fund. MR. VERITY: ~o, that goes into a fund for clams~ SUPERVISOR pELL? NO, General Fund, Whole ToWn Fund~. MR.. VERITY: We can use this money for c2a.ms, can"t we? SUPERVISOR PELL: No, it will.go into ~he General Town Fund~. It will be spent at the will of the Town Board. If.the Town Board so desires to put more toward clams the Town Board can~.. This money that comes i.n will go into the General Fund,unearmarked~ The Town Board can spend it as it sees: fit. · M~. VERITY: I~ other words' the' money c. an~t--you'~re 'not going to put it into a clam program? SUPERVISOR PELL: It's against the Iaw, do you want us to go to jail? MR. VERITY: ORgy, all righ~ SUPERVISOR PELL; Thank you. Anybody else wish to speak in favor of the proposed Local Law? .Mrs. Ruth Oliva, President, North Fork Environmental Council.. MRS. RUTH OLIVA, President, North Fork Environmental Council; We fully support the clam ordinance because we reel'.it will do much for the preservation of our clams and it will also insure the rights of the residents to clam 5n their own wa~ers and not h~ve other'people come in and tare them aw'ay~ Thank youo SUPERVISOR PELL: Thank you. Anybody else wish to speak in favor of? Y~s sir. Page 3 - Public Heari~,~'- July 7, 1982 - Local La~,,~' Shellfish Law MR. ARTHUR TYRRELL, Orient: I am associated with the Town Baymens Association. The limits that you have set I believe are very good and will make sure that we do have a regular commercial and non- conmmercial shellfish permit in this area. However, it does come as some surprise to us, Mr. Pell, that the moneys derived from this will not go into a special fund for the enforcement of the rules that you are now putting into effect and for the supply of shellfish in either seed'clams- or in the other programs for shellfish~ SUPERVISOR PELL: The money comes in and goes ~nto the General Fund of the Town. The Town Board-.~an~ when it makes up its budget each year, which, it does, can say, "Well~ we got in "X" amount from shell- fish permits, letO's put "X''~ amount," but to.have it come in and go ~nto a special fund, that"s a no no. MR. TYRRELL: I can understand this, but is there any way in which some assurance is give~ that you~'.re going to enforce~the laws that you have made? YOu've only got one bayman now and it really isn't sufficient. SUPERVISOR PELL: 'One Bay Constable. MR. TYRRELL: Thatts right, one Bay Constable, and this has been one of the difficulties' in the past that you have the regulations of the state and town but it's too much for one man to regulate these waters~ ~t's a very large area and it seems to me 'if you're getting in this extra revenue th~n. at least that should be somehow earmarked some way for the. enforcement of these rules that you"re going to put in~ Other- wise~ what's the 'use of putting in rules. It's meaningless unless you can en£orce them. SUPERVISOR PELL: The Town Board will address, additional help in that ~ield ~hen it makes up its budget in Septembe'r~ · MRs. TYR.RELL: So we do, in effect, have, as it.were, an assurance that these fun.ds will he going to the enforcement of these rules? SUPERVISOR PELL; No assurances. None'.-whatsoever~ As' I sa.y, when the Town Board ma.Keg the budget' up and it has to project ~ts revenues in the co~ing year, tke'n that, along with 'other things, will be considered. MR. TYRRELL: We have .in the Baymens Association predicated s~pport of this program on.the understanding that indeed this would be going in some form, or at'least we don't need to have at this point put in a special fund, but assurance that an, equix~a!ent"~mount-~ohld'be given .:. to'fl~ ~i'~ i.s ali-I['m saying~ is that we have predicated our support of this on. that understanding. SUPERVISOR PELL; The Town Board at this time. can' correct me if they want to~ are not willing to make 'any assurance of anything to be ear- marked.. We .~ust consider the whole Town when we ma~e the budget up. MR. TYRRELL: I understand, but I '_~a~,.making the point that this is how we arrived at our decision. SUPERVISOR PELL: Thank you very much. Anybody else wish to speak in favor of the proposed local Shellfish Law? Paul Stoutenburgh. Page 4 - Public Hearir.~,- July 7, 1982 - Local La~ ..... Shellfish Law MR. PAUL STOUTENBURGH, President, Southold Town Trustees: I must say that I am disappointed also in not having the funds earmarked. I believe the majority of the public, I know the Trustees were, I know the Baymen were all under the impression that the funds were to be earmarked for the Seed Clam Program and I think that this is one of the ~ays that this program was ~old, and I'm not sure the public would go'along with it the way it now stands. I'm not sure I would go along with it the way it now stands with the funds .just going into a general fund. I cam sympathize with this gentleman re~ti~i~g~that when he goes in and perh.aps-.~t someday will get lost and people will say it's just on~ more thing taking our dollars and we're not getting any return. I do think this idea of getting some assurance should be considered~ I~ it"s against the law as you are 'saying, that the money cannot be earmarked, I can only think lhat .it could be the voice of the Board or the feeling of the Baard thai perhaps maybe something could be drawn up that every possibility would be given to the idea that these funds would be Ks:ed to g.~ve the people 'the assurance of somehow thai we are not just paying another tax which is going to be lost and not into the things we th~ink ~t are~ which is the shellfish ordinance,. the shellfish program~ I'm lost when I heard that this was going on here~ SUPERVI. SOR PELL: Thank. you, Paul. .I'm sure the Board will consider your facts .... your statement--request~ · MR. STOUTENBURGH: I hope they will. SUPERVISOR PELL[ Anybody else wish to address the Board in favor Of? (No response..')' .Wh0 wishes to address the'Board in opposition to? Professor Smith_.. PROFESSOR WALTER L. SMI.TH, Marine Technology-,.S'outhold Marine Science Center: I['~m not in. opposition..to the lawwhCt I' am in opposition to i.s it's rather loosely written. I think we should include all the scien.tific names: of a:ll these. Having had some experience in Nassau and Western Suffolk_, we do have 'sharpies that can change th~ugs around. Under the clams we have four clams that are possibly-commercial in. this' area,.-.have been~ We have two different types of conks and so on. d0wn .the' l~ne:, so r think in the 'ordinance itself the.proper names of each. Of these s'ho.uld be.put down. Also on the measurement I think you should elaborate 'jUst how we are making the measurements~ Are we using a ruler, a caliper, a gauge 'or what?- And then under little neck clams we just speak.ab, out little n'eck clam, I think we Should define just what we mean by a .little neck clam.. And then a' 1000 count. I know is quite common, but maye'a specific volume'would be easier to handle. Rather than. just have somebody trying tO count a 100 or 1000. And then on the dredges should perhaps-have some s~ze and description of the:: different types of dredges that are being used s'o that someone doesn't come in'here wi.th 'one of those 'big manm]oulh:::things and really the whole bottom~. I don~t know whether ~t's for or a~ainst but I think the laws, perhaps~, should be tightened so that we are. protected against people coming in and using it and we can't enforce it~ Thank SUPERVISOR.PELL; Thank you, Professor Smith.. Anybody else wish to addre.ss the Board in opposition to the proposed Local Law? Erickson, Page 5 - Public Hearii~,~--- July 7, 1982 - Local La~,,~ Shellfish Law MR. O. C. ERICKSON, CutchOgue: I've been a local resident around here for several years and I'm against charging the property owner for a permit, whereas a guest who can come down and get the same. amount of clams and does not require a permit, And then as far as I can see here it doesn't say that the guest has'to reside overnight. He can come down for several hours, get the clams, a half bushel are each allowed and away they go, as long as the resident is there. I've seen ~t in my area the way the fami.lies come down and away they go with. everything they can get ahold of. So why not put a charge on a guest permit bes'~des just the property owners himself who's been here a number of years. It isn't the amount, it's a small amount, but it looks li~e a progressive amount. A dollar now, six months later three, the next time it's $15.00 and keeps on going to the property owners~ I think there's something that can be done about letting the guests pay a little bit. SUPERVISOR PELL~ As far as the increase in price as you say, the price cannot be changed'without another public.hearing as we are having today. If the price were to go up fifty cents, by law we must hold a public hearing as today. The price cannot go up without itt MR. ERICKSON: That would pertain to if they do put one on guests too? SUPERVISOR PELL: Yes. MR. ERICKSON: Thank you. SUPERVISOR PELL: Thank-you. Anybody ~2se wish to address the Board in opposition to? Yes', sir. MR. TYRRELL: I'm sorry to be concerned with this, bn~ our members indeed have voted on the 'firm belief that this money.would be in some way associated wi.th this preservation program~ I"m diffident about returning.to our members and saying that this is not the case. It's obvious that the Board of Trustees too had that impression and I just wonder at this stage 'whether we should continue or have an adjournment so tha.t we can. returm to our members and get fresh ~nstructions. SUPERVISOR pELL; I have no qua.-Ims, if the Board has ~ot, of adjourning the hearing today instead of closing it. ~R. TYRRELL~ Th~s ~.s What I'm as~ing~ To give us an opportunity of ~eferring back to our members. We indeed support this' but I'm very doubtful whether we're going to sel'l this without another meeting~ COUNC.~'~MAN MURPHY: Maybe you'd want to ask. the Town Attorney to explain the. legali£y if it~ SUPERVISOR PELL: Yes, I would. TOWN ATTORNEY TASK~R: Ii':m the draftsman, of this and I drafted these changes'on the instruction of, I believe~ the 'eorm~ttee consisting of the Trustees and a couple members o£ the Town ~oard in conjunction Page 6 - Public Heari~ - July 7, 1982 .- Local L~.,~,- Shellfish Law with the Baymen. The only changes that I made were the changes that were recommended. Several of the changes that are being proposed here were not even under discussion for change now. On the question of the earmarking of the permit fees, this I have researched and you cannot earmark re~nues for a specific purpose. The Town Clerk sent me the proposed second revisions. On June 16th I responded to 'the Town Clerk and advised her that you could not earmark permit fees. Now, I merely respond to the person who wrote to me and I assume that this information was broadcast to those involved, but it was on June 16th that I advised the Town Clerk, who asked me to put this in,that it couldn't be done for legal purposes. You can't earmark certain revenues for certain purposes. It's not to say that this Board cannot make a judgment when it makes its budget as Supervisor Pell has indicated, that since we are now receiving more revenues from shellfish permits that we ought to allocate more funds for the shellfish program., This they probably will do. But I also caution you that you cannot--this particular Town Board cannot bind a future Town Board. They may very well say to you, "Yes, I think that's a good idea since we have. increased the revenues from this program by 20% or 50% or 100% we ought to increase the expenditures;" and give you their commitment and they may very well carry it out, they have the obligation I .would assume, but they cannot find future Boards and so all you can do is, I guess, urge at the time that the budget is being prepared, at the budget hearing which is the proper forum for this, to advocate that more funds be allocated to the shellfish program. That's the way it has to be done~ SUPERVISOR PELL: Counsel, in defense of the Town Clerk, I'd like to say on June 17th she received the letter you refer to, copies were distributed to the Town Board and copies to the Trustees which so indicates your findings. It was distributed as of June'17th. 5~ TYRRELL: I understand the legalities of it and there is no question the Board must do everything legal~ .however~ the fees have gone up,so far as the commercial fishermen goes, 300%.. There are new fees coming in for residents~ Would it meet the legalities of the situation if this meeting took note 'of the concern that we have that this goes in.to the General Fund and to perhaps in its minutes of the meeting view sympathetically the concern of the people that this would indeed, by future Town Boards, be devoted to the preservation, in whatever form, of its shellfish. I"m asking'for Something that is not bin.ding, but is a matter of record. TONN ATTORNEY TASKER: I guess I can answer that in two parts. In the first part you asked whether a note can be taken~ As a matter of fact, every single-word of this hearing is being recorded and the minutes of that meeting wi'll be on the Town records and will be available' for all future Boards as to how the.-Baymens Association feels concerning the fees~ That's number one. Number two, on the second question of whether or not the Board wishes to go on record memoralizing such a thing, that's a question for the Board and not for me. SUPERVISOR PELL: Thank you.. Larry, you want to add something? COUNCILMAN MURDOCK: I~ve listened to the concerns of the Baymens Association as well as the Trustees and I-think it's proper to note Page 7 - Public Hearih~'- July 7, 1982 - Local Lg~ - Shellfish Law that this year, in the year of 1982, this Town Board doubled the amount of money we have put into a Seed. Clam P~Ogam and we have established another--we have established a second kind of Seed Clam Program. I would think, or I would like to think that the actions of this Board have signified that we are all in favor of protecting the interest, both commercial and private, of the individual people in this Town. MR. TYRRELL: Mr. Pell, I think Mr. Murdock--if ~erything is being recorded, has Said exactly what would cover the situation. COUNCILMAN MURDOCK: I feel that we have already done our part. Wh~t you are concerned that we may not do in the future and I respectfully submit to the audience and to the members of the Bayme~s Association, I think your o~ly problem would be would be at~.a time that this Town would go into a financial c~tastrophe, at which point we might have to make a financial judgment call that at a given time might not be exactly the most popular.. I would like to think that what we have done both,in the past and this year, would be an indication to all the people concerned in this area that this Town Board is concerned in the area and intends to act in a concerned £as'hion~ SUPERVISOR PELL: Thank. you. Councilman Townsend. COUNCILMAN TOWNSEND: I just want to reiterate what Councilman Murdock has said. Not only have we increased the amount of money in the Seed Clam Program by including a whole another program, we also increased the £unding of the. Bay Constable. I believe we talked about hiring a second part-time Bay Constable, did we not, Bill? SUPERVISOR PELL: We have two working with him now over the summer season. Correct, Tom, on and off? BAY CONSTABLE. CZELATKA: Yes, sir, we have a second man coverage on weekends and holidays~. COUNCIL~N TOWNSEND: So I think you can see the trend-is in that direction. ~e realize there has been a problem there and we are doing our best t'o solve the problem. It's not lost upon us that we are getting this money and I think you will find that an equivalent will be spent, at':l$~st by this Board to further't~.e propagation of clams in SoUthold Town~. Although, just as we 'can't promise beach permits go into the ma'intaining of beaches or any other permit. SUPERVISOR PELL: Thank you~ Does anybody else wish. to speak in opposition to this proposed Local Law? '([No responses) Anybody wish to be heard at all on it? (No responses) I£ not, gentlemen, do you want to close it or recess it? MR. TYRRELL: Wit'h these assurances, Mr. Pell~ I' have no hesitation in returning to the Eaymens Association and saying that it is a matter of record g~7ing them assurance that this' money will indeed, from good earnest from past deed and the cost to be de~oted to the Seed Clam Program. Page .8 - Public Hearifi'~'''- July 7, 1982 - Local L~"- Shellfish Law SUPERVISOR PELL; Thank you very much.' At this time I will close the hearing on the proposed Local Law to amend the Shellfish Law. Judith T. Terry g Southold Town Clerk pLTBLIC NOTICE is hei'eby given that there has been presented to tile 'l:ov.'n Board of the Town of Sour'hold, St,ffo[k County, New York, on ' the 22nd day of June, 1982, a Local Law entitled, "A Lo~al I.aw Providing t;~r tb¢~ Taking of Shellfish in Town Waters." ..' Said Local Law arn/:nds ~:crtain articles and suctions of Chap-' i.' ter 77 of thc Code of the Town '" of S6'uchold. entitled, "Shell- .? fish i.aw of the Town of $outhold." Thc purpose and : intent of this article is to .. pruvide for thc protection,· · preservation and the proper usc and maintenaace of town i. waters and lands under town I' ~'aters. to miaimize damage I' thereto and to enhance their· :., usc lbr thc prnpagaHon of ~ shellfish and other beneficial : marine organisms and thereby' 15 protect'and promo:e'tiae public !i l,¢a!th, safety and' we;flare of' the. Town of !. Copies of' said Local Law are ~' available at the Office of the Town Clerk Lo' al~y i/tt~rested perso-q s during bt~siness hours. NOTICE IS FURTHER GIV' EN that tl'~e Town Board of the 1'own ~f Southold wdl hold a. · public hearing on the aforesaid ": b.}cal Law at the Southnld ~i Tnwn Hall, Main Road, South: :, old, New Y6rk, on th< ~'th day' ,".of .luly, 1°.82 at 3:00 o'clock : ested pets:Trix will be heard. Datcd: .,~une 22, 1982 BY OLDER OF THE · SOUTHOLD TOWN BOARD JUDITH T. TERRY,' TOWN CLERK COUNTY OF SUFFOLK STATE OF NEW YORK ss: Pctricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, i~ Suffolk County; and that the' notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................ ../. ............. weeks successively, commen~r~ on the ............ ,.=~:...%]]...~,. ........... day .......... Sworn to before me this .............. ~.~ ........... day of ~-~- 19..~.. Notary'Public