HomeMy WebLinkAboutLL-1992 #11LOCAL LAW NO. I1 . 1992
A Local Law in Relation to Shellfish and Eels
BE IT ENACTED. by the Town Board of the Town of Southold as follows:
Chapter 77 IShellfish) of the Code of the Town of S0uthold is hereby
amended to read as follows:
Article II ~;f~- o~ $~-.~tK-i~h-)-is hereby amended and' shall be
known as [Takinc~ of Shellfish and Eels).
Section 77-201 (Definitions) is hereby amended by adding thereto the
following:
Eels: The american eel.
3. Section 77-208.1 Eels. is hereby adopted to read as follows:
Commercial Purposes: No more than 50 eel pots or traps per
permittee in Town waters. All pots must be identified with the
shellfish permit number.
A permanent resident, taxpayer and temporary resident: No more
than 5 eel pots in Town waters. All nots must be identified with
the shellfish permit number.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* overstrike ind~icates deletion
** underscore indicates addition
O.~'fE: 6/9/92
W~I dg
Local Law Ackno e ment
JUDITE T
TOWN OF SOUT~,~LD
TOW~ HALL 53'0~5 _WA~ RO~
SOUTROLD I~ ' 11971
6/5/92
The above-referenced material was received
and tiled by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT Ol~ STATE
162 WAS HINGTON AVENUE. ALBANY, NY 12231
(Use this form to file 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.
Cc.u~d..y
~ f Southold
Town
Local Law No ............... .l.J. .................. of the year 19-~-2--
Be it enacted by the ......... ~ ............... _T_ .o_ .w. .o_ . _B_ _o_ _a_ E _d_ ............................................ o~ the
~ .S.9.u..t_hgj__d-
~"J of ............................................................................ as follows:
Town
l. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby amended
to read as follows:
1. Article II (Taking of Shellfish) is hereby amehded and shall be known as
(Taking of Shellfish and Eels).
2. Sec,tion 77-201 (Definitions) is hereby amended by adding thereto the
following: ~-
Eels: The american eel.
3. Section 77-208.1 Eels. is hereby adopted to read as follows:
A. Commercial Purposes: No more than 50 eel pots or traps per
permittee in Town waters. All pots must be identified with the
shellfish permit number.
B. A permanent residefft, taxpayer and temporary resident: No more
than 5 ee.I pots in Town ¢~ateffs. All pots must be identified with the
shellfish permit number.
II. This Local Law shall take effect upon its filing with the Secretary of State.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
fRev. 7~m) (1)
(complete the certification in the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ................ 1__1_ ................. of 19-9-2----
~r th,, rt-, .... ;.,r-:: .L~r'r ..... ~r-,,~-~,,-~ of _$_oll~__h_oJ~ .............................. was duly passed by the
____T__o_~.n_._~_o__a__r_cl_ .......................... on ..... _J._U__n~___z___ 19 _9_.z., in accordance with the apphcable provtsmns of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
.................. : ............................ on .................. 19 ---, and was (approved)(not approved)(repassed after
IName of Legislati,.e Body)
disapproval) by the .................................................. and was deemed duly, adopted on .................. 19 ....,
(Elec~ve Chlef Executive Offftcer*)
in accordance with the applicable provisions of law.
3. (Finai adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name o/Legislative Body)
disapproval) by the ................................................. on- .................. 19 ..... Such local law was submitted
(Elective Chief Executive Officer')
to the people by reason of a (mandatory)(,permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---. , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name df LegiMadve Body]
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chief Executive Officer*l
permissive referendum and no valid petition requesting such referendum wos filed as of .................. 19---- , in
accordance with the applicat~le provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor ora town where such officer is vested w~th the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, des{gn-ated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(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 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 cit-
ies of said county as a unit and 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 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 in-
dicated in paragraph ........ J___, above.
Clerkof the C~unty legislative body, City, Town or Viltage ~rk
or officer designated Dy local legislative body
Judith T. Terry, Town Clerk
(SeaO Date: June 3, 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney~ Village Attorney or
other autho, rlzed attorney of locality.)
STATE OF NEW YORK'
SHFFOLK
COUNTY OF
[,atvhee bUenedne hrs2dg~;dt, a~;lne~oYr~ietiefYn:cht~mt tehn~ of~rtehgeOlioncg~il~nV~e~eni?Settho~ co~ct text a~at all proper proceedings
Matthew G. Kiernan, Assistant Town Attorney
Title
Southold
Date: June 3~ 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
May 20, 1992
8:00 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO SHELLFISH AND
EELS"
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny 1V
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The Local Law public hearing this evening is in Relation
to Shellfish and Eels. This has been presented by the Southold Town Board of
Trustees, and obviously the Board has to hold this public hearing for inclusion
into the Code, and the reading of the public hearing Local Law proof of publication,
and verification will be read by Councilman Wickham.
COUNCILMAN WICKHAM: "Public Notice if hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 5th day of May, 1992, a Local Law entitled, "A Local Law in Relation to
Shellfish and Eels". Notice is f~rther 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, Main Road, Southold, New York, on the 20th day of May, 1992, at 8:00 P.M.,
at which time all interested persons will be heard. This proposed "Local Law in
Relation to Shellfish and Eels" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended to read as follows i
1. Article II (:l'~m~-if~l-~o~f--S~t~i~h) is hereby amended and shall be
known as (Taking of Shellfish and Eels).
2.Section 77-201 (Definitions) is hereby amended by adding thereto
the following:
Eels: The american eel.
3. Section 77-208.1 Eels, is hereby adopted to read as follows:
A. Commercial Purposes: No more than 50 eel pots or traps
per permittee in Town waters. All pots must be identified
with the shellfish permit number.
Pg 2 - LL Shellfish ~, ?~,~
B. A permanent resident, taxpayer and temporary resident:
No more than 5 eel pots in Town waters. All pots must be
identified with the shellfish permit number.
II. This Local Law shall take effect upon its'filing with the Secretary of State.
* overstrike indicates deletion
** underscore indicates addition
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: May 5, 1992. Judith T.
Terry, Southold Town Clerk." I have before me an affidavit, that this notice
has been printed, and posted on the Town Clerk's Bulletin Board ouside here,
and another affidavit that it has appeared as a public notice in The Long Island
Traveler Mattituck Watchman, and the last public notice, that has appeared as a
notice in The Suffolk Time newspaper. There are no further communications.
SUPERVISOR HARRIS: Are there any members of the audience, that would like
t~o speak either in favor, or against this Local Law change? Would you come
forward, please, and state your name.
PETER MCDONALD: My name is Peter McDonald. I'm a resident of Mattituck.
I, just want to make one point on the eel law. The number 50 is quite arbitrary.
l; commercial fish, part-time lobster, and eel. You can't do anything with 50 eel
pots. I mean this number is much too Iow. You might want to limit 50 to residents,
or outside of Southold, and increase the number to Southold residents, but to say
50 eel pots, you're saying you can't commercial fish. It's just too Iow a number.
I don't know where you got this number from.
SUPERVISOR HARRIS: Excuse me. I'll answer that, if I may. Normally I wouldn't
comment at a public hearing, but this recommendation came to us from the Board
6f Trustees, on the Southold Town Board of Trustees. They got it, apparently,
from individuals, maybe the Bay Constable, or other individuals that they've talked
to in reference to this. I don't know what the general purpose behind this Local
Law change, but this is a recommendation that has come to us from the Trustees.
I don't know if the Board will take any action on it tonight. Please continue.
PETER MCDONALD: There are very few people out there eeling. I'm in two or
three spots. I'm alone. This number 50, I think you should ask them where they
got this number from. Commercial Iobstering, that doesn't even touch what other
people. That's the only point I wanted to make.
SUPERVISOR HARRIS: Thank you for your comments. Are there any other members
o~f the audience, that would like to speak either in favor, or against this Local
Law change? (No response.) If not, I'll declare this public hearing closed.
Southold Town Clerk
LEGAL NOTICE
NOTICE OF
PUBLIC REARING
ON LOCAL LAW
PUBLIC NOTICE IS HEREBY
NOTiCE IS FURTHER GIVEN
that ~h¢ Town Board of tho Town of
Sou hold Town Hail, Main Road,
3. Section 77-208. ! Eel~. is h~reby
reads as follows:
BE IT ENACTED by tha Town
l]oard of tile Town of $outho/d as roi-
known as fTakin£ of Shellfish 7376-1TMY14
and Ee[sI-
2, Section 77-201 (Dcrmition~) is
STATE OF NE~.YORK)
] SS:
COUNTY OF SUFFOLK)
/~/~ff~j~ ~-c~,-)/~--~/~-~ of Mattituck, in
said County, being duly sworn, says that he]she
is Principal Clerk of THE SUFFOLK TIMES, a
Weekly Newspaper. published at Mattituck, in
the Town of Southold, County of Suffolk and
State of New York, and that the Notice of whiCh
the a~nexed is a printed copy, has been ~ular-
ly published in said Newspaper once each week
for ] weeks successively, commenc~g on
the Id,y of 9qz .
Principal Clerk
Sworn to I~fore me this
' LEG'~4~. NOIICE
NO~ICE OF
PUBLIC B~;ARING
.~' ON.m~ LAW
~7~ PUBLIC NOTICE IS
~REBy G~N ~[ ~e~ has
been p~eat~ to 'the Town.
Bo~d of &e ~am,of~uthold,
Suffolk County. New 53rk. on
'the 5th day of M~, 1992. a
Loc~ kroy entitled, "A ~c~
&aw ~ Rela~ to Shenfish aaa
~ NOTICE IS FU~THE~
.G~ ~ th~ tho Town Bo~d
~e To~n of 5outhold will hold
~ D~ he~g on ~e Mo~sMd
k~l ka~ at ~he Sou~old To~n
~all. M~' Roa~ Somhold,
Ne~ 55fL onYX' ~h day of
~Maf. L~, a~ 8:~ P.M.. at
,s, ~hich time ~ i~f~ed ~rso~
be he~d.
This OtoOosed ;'~ocal Law
~ ~e~sh ~d Eels"
BE [; kNAC~D by thc
~m~ of th~ ~oan
I. ~apter 77 (~cllfish) or
Code of thc Town
is ,hereby ~
[.~ .~ticle ii (.~-
is hereby,
~d sh~l bc kno~m ~ (Takin~
Shcl~ish ~d Eels).
2. Ec~ 7~-~01 (Dcf~-
Eels: ~c ~cHc~ ~L
adop[cd [o read
; .A. Cemmercial..P~eposes:,No
e than-';.'O eeI pol~ or
~pcr perrditrcc in Town Wa[ers.
pots.
Thc shcHh3h porn-dr number;
~ B. A permanent_resident,
~a','er and temporary resident:
~'~J moi-e than 5eel potg in To~m
hifie~ ~h the shellfish permi~
!l. This Loca$ Lmv shaLl take
ct'tee[ upon its fi[hU~ 'w~th the
Secrcta~, '~ o.f
~ '~o~-&s t ri kc.,' [n/:lic ate ~ deletion
:'~ '~underscore indicates addidon
~ Copies of this Local La'*. are
ra~-aflable lo..the (])fl~ce or the
Ib~,n Clerk to any mtere,~.ed
D;~TED: May 5, 1992
,.~ JUDITH T. ~ERRY
~[[,$OL~HOLD TOVCN CLERK
COUNTY OF SUFFOL'I~~'
STATF. OF NEW YOR, K ss:
Patricia Wood,' being duly sworn, says that she is the
Editor, of THE t. ONG ISLAND TRAVELER-WATCHN1AN,
;t public newspaper printed at S.outhold, in Suffolk County;
and that the notice or which the annexed is a printed copy,
i~.ts hccn .l~Lrl)lishcd in said [_cng I~lancl 'J'raveJcJ'-W;t[chm;n~
~AY 19 92
Nolary Public
BARBARA A. SCHNEI 3ER
NOTARY PUBLIC, ~ ,=zt~ ol ~uw York
No. 400GB46
,Qunhlied in sullolk Cmjnt~
C0rnmission Expices o°/J