Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this chapter, when they shall have actually and continuously resided within the said Town for a period of at least 60 days immediately preceding such date.
No provision of this chapter shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes.
This chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of Southold."
[Amended 1-17-2012 by L.L. No. 2-2012; 9-22-2015 by L.L. No. 8-2015]
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster’s Third New International Dictionary of the English Language, unabridged (or latest edition).
- The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed.
- Any floating object capable of carrying people as a means of transportation in water, including without limitation an airplane capable of landing on water, any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, which object can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin or other fixed device located above mean high water. Floating docks are excluded from this definition.
- CHANNEL SYSTEM
- The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters, which is commonly traversed by boat/vessel and is designated by channel markers, including man-made or stabilized waterways designed for the navigation of boats/vessels. For the purpose of this chapter, boat basins and bathing areas are included within this definition.
- The removal of shellfish from lands below average low water by utilizing a propwash from a vessel or skid-mounted outboard motor.
- COMMERCIAL PURPOSES
- Taking, containment or harvesting of shellfish or other marine resources to sell to a third party.
- The placement and possession of shellfish in a basket, tub, bag, or any other type of container.
- Separating shellfish or other marine resources according to size.
- The American eel.
- FIXED GEAR
- Fishing equipment that is set in a stationary position, including without limitation pots, moorings, long line, hand line, weir nets, gillnets and traps.
- A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident.
- LAND-BASED AQUACULTURE
- Any form of aquaculture that does not take place in a natural body of water or marine environment.
- Aquaculture that does take place in natural bodies of water and marine environments, including the installation of cribs, racks and other in-water structures.
- MARINE RESOURCES
- Blue claw crabs, horseshoe crabs, eels, mussels and other marine biota.
- One who does not reside in the Town of Southold.
- PATENT LANDS
- All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by virtue of the Andros Patent.
- PERMANENT RESIDENT
- A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish if no permit is required.
- SCAP NET
- A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches.
- Clams, scallops, oysters and mussels.
- The removal or harvesting of shellfish and other marine resources by any means.
- A person who owns real property as shown on the assessment roll of the Town of Southold.
- TOWN WATERS
- All the waters lying over patent lands.
It is the purpose and intent of this chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold.