[Amended 11-21-2016; 10-15-2018]
A. Waterfowl
hunting location permit required.
(1) No person shall cause, allow or permit the installation of a duck
blind or decoy, or the anchoring of a boat, float or other structure
or device, within the waters of the Town of Southampton for the purpose
of shooting waterfowl or game, unless:
(a) Such person possesses a valid Town of Southampton Board of Trustees
waterfowl hunting location permit; or
(b) Such person possesses a valid New York State hunting license with
a federal migratory game bird stamp and is accompanied by a person
possessing a valid waterfowl hunting location permit issued by the
Town of Southampton Board of Trustees; or
(c) Such person is accompanied by a commercial waterfowl hunting guide
who maintains a valid commercial waterfowl hunting guide permit issued
by the Town of Southampton Board of Trustees.
(2) No person shall engage in the business of a guide for hire unless
such person is a resident, taxpayer or freeholder of the Town of Southampton
and maintains a valid New York State Department of Environmental Conservation
guide license and a commercial waterfowl hunting guide permit issued
by the Board of Trustees.
B. Permit
requirements.
(1) A waterfowl hunting location permit applicant must submit proof of
Town of Southampton residency or property ownership along with a current
New York State hunting license that includes a current federal migratory
game bird stamp, between August 1 and October 31 of each year.
(2) A waterfowl hunting location permit will be issued to residents,
taxpayers or freeholders of the Town of Southampton free of charge
only upon the recommendation of the Bay Constables and upon approval
by the Board of Trustees.
C. Permit
rules and regulations.
(1) All waterfowl hunters must follow all New York State Department of
Environmental Conservation hunting laws.
(2) The transfer of a waterfowl hunting location permit is not permitted
unless the transfer of such permit is approved by the Bay Constables
and by resolution of the Board of Trustees.
(3) A permit holder shall not cause, allow or permit a hunting spot and/or
a hunting location to be sold.
(4) The Board of Trustees shall not approve more than two hunting locations
to any permit applicant.
(5) A waterfowl hunting location permit holder must install, grass and
have their duck blind ready to be used for hunting by no later than
December 31 of each year. Prior to December 31 of each year, all permit
holders must schedule a visual inspection of their duck boat and/or
floating duck blind that is used in multiple locations by calling
the Bay Constable at 631-702-2268.
(6) The installation of a duck blind must be in a location approved by
the Bay Constables and the Board of Trustees.
(7) A permit holder must hunt in his or her approved hunting location
or duck blind at least once each season.
(8) A duck blind may only be moved to a location that is approved by
the Bay Constables and the Board of Trustees or to a transient area
that is located in either Shinnecock Bay or Moriches Bay and that
is at least 2,000 feet from the nearest shoreline and that is a minimum
distance of 500 feet from all other hunters using the area on the
same day. Use of a transient area will be on a first-come, first-served
basis.
(9) The Bay Constable reserves the right to impound, at the owner's expense,
any duck blind, shore blind, duck boat or other device that is not
in compliance with the Rules and Regulations for the Management and
Products of the Waters of the Town of Southampton. A minimum impound
fee of $250 plus the cost of any specialized equipment used to remove
the property from the area will be imposed before the property will
be returned to the owner.
(10) Shore blinds must be constructed of non-chemically treated lumber.
The installation of a shore blind may not cause destruction or damage
to the wetlands. A shore blind may only be installed upon permission
of the landowner.
(11) Stake blinds must be constructed of non-chemically treated lumber
and shall only be installed in freshwater bodies.
(12) Duck blinds must be constructed of non-chemically treated lumber
and shall be installed in a location that is a minimum of 500 feet
from any adjacent blind in the direction of firing lines. However,
duck blinds will not necessarily be allowed every 500 feet in every
body of water in the Town. Traditional distances between blinds in
any given body of water will be maintained as much as possible.
(13) A duck blind must display two placards bearing the waterfowl hunting
location permit number. One placard shall be located on the back exterior
of the blind and the other on the interior of the blind. A duck blind
or duck boat located in, a transient area will not be required to
display a placard.
(14) A duck blind located in a freshwater lake, pond or related water
body shall not use phragmites and/or phragmite cuttings for dressing
camouflage or related covering of said blind.
(15) A duck blind shall not be stored on a meadow or wetland or cause
destruction of any wetland vegetation.
(16) No person shall distribute any type of food substance along the shoreline
or in the waters of Southampton Town Trustee-owned bottomland, including
both saltwater and freshwater, beginning 10 days prior to the opening
of migratory waterfowl season until the official closing date of the
season. Notwithstanding the foregoing, food substances may be distributed
in municipal parks and established sanctuaries where residents typically
go to feed the wildfowl year round. Nothing in this regulation shall
be construed to limit the feeding of domesticated waterfowl by any
person by whom such waterfowl is lawfully kept as a pet.
(a) Notwithstanding any of the above, the Board of Trustees may authorize
the emergency feeding of waterfowl when in their opinion such action
is necessary in order to alleviate undue losses and suffering of such
birds due to unusual weather conditions or other circumstances.
(17) A waterfowl hunting location waiting list shall be maintained by
the Board of Trustees.
(a) Applicants may not currently possess a waterfowl hunting location
permit.
(b) Only one person per household may place his or her name on the waterfowl
hunting location waiting list.
(18) A duck blind located in Mecox Bay must be removed from Mecox Bay
(not including tributaries) no later than April 1 and may not be installed
before October 1 of each year.
(19) Any person claiming a new, previously unknown hunting location that
is subsequently approved by the Board of Trustees shall be removed
from the waterfowl hunting location wait list.
(20) All blinds and waterfowl hunting locations shall be maintained in
good condition, free of litter and debris, at all times.
D. Penalties.
(1) A violation of §
38 of the Rules and Regulations for the Management and Products of the Waters of the Town of Southampton shall be punishable as follows:
(a) Revocation of a waterfowl hunting location permit;
(b) Impound of any blind or similar structure;
(c) A violation of Southampton Town Code §
111-37.
(2) An appeal from revocation of a waterfowl hunting location permit
may be taken by the permit holder to the Board of Trustees by written
request, made within 30 days from the date of such revocation. The
Board of Trustees shall hold a public hearing on such appeal within
30 days after receipt of written notice of such appeal and after such
hearing shall make a decision either sustaining such permit revocation
or reinstating such permit within 30 days after the close of such
public hearing.
No eels, fluke, flounders or fish shall be taken from the bottom
of or caught from the Town waters by the so-called eel dredge, or
any mechanical device operated either by sail or power gas engine,
or electric motor, between April 1 and November 1, both inclusive,
in each year. During the permitted season, the taking of eels, fluke,
flounder, or fish by said devices shall be restricted to residents,
freeholders and taxpayers.
No person other than a resident or freeholder of the Town of
Southampton shall place a trap of any kind or description, or any
stake or device for the purpose of securing a trap, in the bottomlands
of the waters of the Town of Southampton for the purpose of taking
fur-bearing animals.