A.
Shellfish shall be culled when taken. All shellfish
taken which do not comply with the provisions of this chapter shall
be immediately returned alive to the water in the immediate vicinity
of where they were harvested.
B.
All lands under Town waters disturbed by the taking
of shellfish shall be restored to their condition prior to the taking
of such shellfish by the person taking such shellfish.
Fixed gear shall be placed no closer than the
outer edge of any channel system and the gear shall not impede navigation.
[Amended 1-17-2012 by L.L. No. 2-2012]
Shellfish shall not be taken from any Town waters
which have been restricted by the Board of Trustees, provided that
such restricted areas shall have been properly designated by a resolution
duly passed by said Board of Trustees and notices posted by said Board
of Trustees.
Notwithstanding any other provision of this
chapter, the Board of Trustees may approve an organization plan for
planting shellfish seed in Town waters and upon approval, the Board
of Trustees may then authorize the approved organization and other
volunteers acting under its supervision to plant shellfish seed in
accordance with the approved plan.
Notwithstanding any other provision of this
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, economic factors or other detrimental
causes.
Except as permitted by § 219-8C of this chapter, the use of a dredge, eel dredge, hydraulic means or similar device operated by mechanical power or other means is prohibited in Town waters except by special permission of the Trustees for scientific study projects.
No person shall remove beach grasses or wetland
vegetation of any kind, nor place spoil thereon, in any other area
of the Town of Southold without prior written approval by the Board
of Town Trustees of the Town of Southold.
The Board of Trustees may grant an exemption
or variance, in terms of permitted sizes, number and time periods
of harvest, from the provisions of this chapter for aquaculture/mariculture
activities that are properly permitted by the New York Department
of Environmental Conservation.
A.
For each offense against any provision of this chapter,
the person committing the same shall be subject to a fine not to exceed
$500 or imprisonment not exceeding 15 days.
B.
A second conviction for an offense against any of
the provisions of this chapter within a period of one year shall result
in immediate revocation of their permit. No new permit shall be issued
to such person for at least one year after such forfeiture.
C.
In addition to the above-provided penalties and punishment,
the Town Board may also commence an action or proceeding in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the offense against this chapter.
[Amended 1-17-2012 by L.L. No. 2-2012]
The Office of Code Enforcement and the Bay Constable
are responsible for coordination and enforcement of the provisions
of this chapter and have the authority to issue violations of the
provisions of this chapter.
