A.
Permitted means.
(1)
Commercial taker's permit holders. The following shellfish
may be taken by commercial taker's permit holders by the means set
forth herein:
(a)
Oysters.
[1]
Oysters may be taken from certified town lands
underwater by means of tongs and rakes, without mechanical power,
or by sail dredging.
[2]
Those engaged in the taking of oysters by means
of sail dredging, or onboard a boat having such a dredge or scrape
overboard or within the boat from which they are taking oysters, shall
have a Town of Huntington commercial taker's permit.
[3]
A boat shall not possess therein more than one
dredge or scrape when sail dredging. Possession of more than one (1)
dredge or scrape aboard a boat when engaged in sail dredging shall
be prima facie evidence of taking oysters upon town lands underwater
using more than one (1) dredge or scrape.
[4]
Notwithstanding the foregoing, to the extent allowed by the
New York State Environmental Conservation Law, § 13-0309(3)(g),
in the taking of hard clams (Mercenaria mercenaria), a pot hauler
may be used onboard a vessel to assist in hauling or retrieving a
clam rake from the water, provided that the basket attached to the
clam rake shall not exceed twenty-six inches in width. For the purposes
of this section, "pot hauler" shall mean a mechanically operated device,
including but not limited to a winch, reel, windlass or capstan, which
is used to haul or retrieve a clam rake from the water and return
it to the harvest vessel.
[Added 6-17-2014 by L.L. No. 24-2014]
(b)
Hard clams.
[1]
Hard clams may be taken from certified town
lands underwater by means of a tong or rake, without mechanical power,
having not less than one (1) inch [two and fifty-four hundredths (2.54)
centimeters] of clear space between teeth. No wire netting or other
substance shall be used in the basket or any other implement used
to take hard clams.
[2]
Those engaged in the taking of hard clams shall
size sort in the immediate area where they were taken, using a cull
box with bars having not less than one (1) inch [two and fifty-four
hundredths (2.54) centimeters] of clear space between the bars. Such
cull device shall be designed and affixed to the vessel in such a
manner as to allow hard clams that pass through the cull bars to fall
directly and unimpaired to the waters from which they were taken.
(c)
Soft clams. Soft clams may be taken from certified
town lands underwater by means of a shovel, fork, hoe or any other
digging device without mechanical power.
(d)
Bay scallops. Bay scallops may be taken from
certified town lands underwater by means of tongs and rakes without
mechanical power.
(e)
Whelks. Whelks may be taken with traps or as
incidental catch.
(2)
Personal taker's permit holder. The following shellfish
may be taken by personal taker's permit holders by the means set forth
herein:
(a)
Oysters, hard clams and bay scallops. Oysters,
hard clams and/or bay scallops may be taken with a rake having a head
no wider than fourteen (14) inches, measured perpendicularly to the
teeth, having not less than one (1) inch [two and fifty-four hundredths
(2.54) centimeters] of clear space between teeth, and a straight handle
not to exceed ten (10) feet in length. Possession of a rake with a
head exceeding fourteen (14) inches in width or a handle exceeding
ten (10) feet in length by those engaged in the taking of oysters,
hard clams and/or bay scallops will be presumptive evidence that shellstock
was taken unlawfully.
(b)
Soft clams. Soft clams may be taken from certified
town lands underwater by means of a shovel, fork or hoe only.
(3)
Hand/treading. All shellfish described under this
section may be taken by hand/treading without the use of any mechanical
device or the assistance of any contrivance that permits or aids a
person to breathe underwater.
B.
Prohibited means.
(1)
Generally. No type of device to take shellfish from
town lands underwater shall be used except as provided in this chapter.
(2)
Motor power. No type of motor to power a vessel shall
be used during the taking or harvesting of shellfish. No motor on
board the vessel for the purpose of powering the same shall be ignited
or engaged during said taking or harvesting.
A.
Uncertified area restrictions. No shellfish shall
be taken from any uncertified area. Possession of a rake, tong, dredge,
scrape or other digging or harvesting device overboard in uncertified
waters within the jurisdiction of the Town of Huntington, except as
provided elsewhere herein, shall be prima facie evidence of unlawfully
taking shellfish upon town lands underwater.
B.
Management area restrictions. No shellfish shall be
taken from any management area closed to the taking of shellfish.
Possession of a rake, tong, dredge, scrape or other digging or harvesting
device overboard in a management area closed to the taking of shellfish
within the jurisdiction of the Town of Huntington, except as provided
elsewhere herein, shall be prima facie evidence of unlawfully taking
shellfish upon town lands underwater. A management area may be restricted
as to the taking of shellfish in accordance with the appropriate sections
of this chapter.
C.
Nighttime restrictions. No shellfish shall be taken
from town lands underwater between sunset and sunrise. Possession
of a rake, tong, dredge, scrape or other digging or harvesting device
overboard between sunset and sunrise in the waters of the Town of
Huntington shall be prima facie evidence of taking shellfish unlawfully
from town lands underwater.
A.
Restricted sizes. No shellfish of less than the following
sizes, except for transplant purposes as provided elsewhere in this
chapter, shall be taken, bought, sold, possessed or otherwise transferred
within the jurisdiction of the Town of Huntington.
(1)
Hard clams. No more than three percent (3%) of each
shellfish container shall consist of clams less than one (1) inch
[two and fifty-four hundredths (2.54) centimeters] in thickness. "Hard
clam types" shall be defined as:
(a)
Necks: measuring not less than one (1) inch
[two and fifty-four hundredths (2.54) centimeters] in thickness.
(b)
Cherrystone: measuring not less than one and
one-half (1 1/2) inches [three and eighty-one hundredths (3.81)
centimeters] in thickness.
(c)
Chowder: measuring not less than two (2) inches
[five and eight hundredths (5.08) centimeters] in thickness.
(2)
Oysters. Not less than three (3) inches [seven and
sixty-two hundredths (7.62) centimeters] in the longest diameter.
[Amended 11-8-2006 by L.L. No. 34-2006]
(3)
Soft clams or steamers. Not less than one and one-half
(1 1/2) inches [three and eight tenths (3.8) centimeters] in
the longest dimension.
(4)
Bay scallops. Not more than two (2%) percent of each
shellfish container shall consist of bay scallops which are less than
two and one-fourth (2 1/4) inches [five and seven tenths (5.7) centimeters]
from the middle of the hinge to the middle of the bill.
[Amended 11-8-2006 by L.L. No. 34-2006]
B.
Immediate return. Any shellfish which are less than
the legal size or are not in season shall immediately be returned
to the location from which they were taken.
C.
Unculled quantities. Possession of no unculled quantity
of shellfish shall be permitted, except that quantity that may be
within the gear utilized or within the cull box.
D.
Sorting devices. All devices used to sort hard clams
as to legal size, including but not limited to cull racks, shall have
no less space between bars than the appropriate size for each type
of hard clam as defined in this section.
E.
Seed shellfish. No seed shellfish shall be taken at
any time except under a special permit issued pursuant to a Town Board
resolution, where the Director of Maritime Services shall stipulate
prohibitions, restrictions and regulations respecting the taking and
transfer of seed shellfish.
[Amended 11-8-2006 by L.L. No. 34-2006]
A.
Personal taker's permit holder. Not more than one-half
(1/2) bushel (standard measure) of shellfish shall be taken in any
one (1) day. Within the one-half (1/2) bushel total limit of species,
no greater than one hundred (100) individual hard clams may be taken.
[Amended 8-4-1998 by Ord. No. 98-CE-3]
B.
Commercial taker's permit holder.
(1)
Packing and contents identification.
(a)
Species separation. Only one species of shellfish
shall be packed in a shellfish container.
(b)
Hard clams and oysters. All shellfish containers,
when packed and landed to shore, shall be secured, labeled and/or
tagged, where the contents and harvest area shall be identified and
the quantity expressed as numerical count of individual organisms.
(c)
Soft clams and bay scallops. All shellfish containers,
when packed and landed to shore, shall be secured, labeled and/or
tagged, where the contents and harvest area shall be identified and
the quantity expressed as standard measure and/or net weight.
(2)
Quantity.
(a)
Numerical rating. Each regulated species has
been assigned a numerical rating, which shall be used to determine
maximum daily catch of a single species or type.
(b)
Maximum daily numerical value. A maximum daily
numerical value not to exceed seven thousand five hundred (7,500)
shall be used when determining the sum total daily catch quota per
vessel for all regulated species (hard clam, oyster and soft clam
combined).
(c)
Maximum daily catch quota. The sum total maximum
daily catch quota per vessel for regulated species or type shall be
determined using the following schedule:
[Amended 11-8-2006 by L.L. No. 34-2006]
|
Species
(seasonal restrictions)
|
Numerical Rating
(for individual organism)
|
Maximum Daily Catch Quota For
a Species or Type
(individual organism)
|
Maximum Daily Numerical Value
(by individual species)
| |
|---|---|---|---|---|
|
Hard clams:
| ||||
|
Necks
|
1 x
|
7,500
|
= 7,500
| |
|
Cherrystones
|
2 x
|
2,500
|
= 5,000
| |
|
(5/15-8/31)
|
5 x
|
250
|
= 1,250
| |
|
Chowders (9/1-5/14)
|
5 x
|
1,000
|
= 5,000
| |
|
Oysters
| ||||
|
(5/15-8/31)
|
2 x
|
500
|
= 1,000
| |
|
(9/1-5/14)
|
2 x
|
3,750
|
= 7,500
| |
|
SOFT CLAMS (all year) and BAY SCALLOPS
from the first Monday in November to March 31, of each year, inclusive.
|
One (1) bushel (standard measure)
shall have an assigned maximum daily numerical value of five hundred
(500). The maximum daily catch quota shall not exceed ten (10) bushels
(standard measure) having a maximum daily numerical value of five
thousand (5,000).
| |||
A.
Species. Those who take a species of shellfish by
any means other than that prescribed in the appropriate sections of
this chapter shall immediately return said species to the area from
which they were taken.
B.
Seasons.
(1)
Personal taker’s permit. There shall be no seasonal
restrictions except for bay scallops, which may be taken from town
underwater lands only from the first Monday in November to March 31,
of each year, inclusive.
[Amended 11-8-2006 by L.L. No. 34-2006]
(2)
Commercial taker's permit.
(a)
Oysters.
[1]
Taking, generally. Not more than five hundred
(500) individual oysters shall be taken in any one (1) day from town
lands underwater from May 15 to August 31, both inclusive, in any
year.
[2]
Taking by sail dredging. No oysters or oyster
sets shall be taken from town lands underwater from May 15 to August
31, both inclusive, in any year.
(b)
Hard clams. Not more than two hundred fifty
(250) individual chowder clams shall be taken in any one (1) day from
town lands underwater from May 15 to August 31, both inclusive, in
any year.
(c)
Bay scallops. Bay scallops may be taken from
town underwater lands only from the first Monday in November to March
31, of each year, inclusive.
[Amended 11-8-2006 by L.L. No. 34-2006]
A.
Size. Possession of seed shellfish more than the legal
limit for any species pursuant to this chapter shall constitute a
separate violation for each shellfish container where the entire contents
of said shellfish container shall be subject to seizure without a
warrant and forfeiture.
B.
Quantity. Possession of quantities of shellfish species
or types greater than the daily legal limit defined in this chapter
shall constitute a violation where each and/or all shellfish containers
in possession shall be subject to seizure without a warrant and forfeiture.
No beam trawls or otter trawls shall be used
in any of the waters of the Town of Huntington if they shall drag
upon the town lands underwater so as to interfere in any manner with
the natural or cultivated growth of any shellfish in said waters.
Possession of such beam trawl or otter trawl overboard in the waters
of the Town of Huntington shall be prima facie evidence that it is
dragging upon town lands underwater and disturbing or interfering
with the shellfish therein or thereon.
A.
Town Board authority. The Town Board may, in its discretion,
designate any portion of town lands underwater as a management area
for such period as it deems necessary for the conservation and protection
of the shellfish located therein or to ensure public health.
B.
Additional management areas. All uncertified, conditionally
certified or seasonally certified town lands underwater shall be management
areas.
C.
Director's authority. The Director of Maritime Services
may prohibit, restrict and/or regulate the taking of shellfish from
a management area. In rendering said decision, due consideration shall
be given to the sanitary condition of the area, the quantity and size
distribution of the shellfish present, the spawning periods of said
shellfish and any other factor which may affect the productivity or
viability of shellfish within the management area, or interfere with
any shellfish management program.
[Amended 11-8-2006 by L.L. No. 34-2006]
D.
Maps. A map of town underwater lands delineating all
management areas shall be available for public inspection in the office
of the Town Clerk and the Department of Maritime Services.
[Amended 11-8-2006 by L.L. No. 34-2006]
E.
Descriptions. A description of each management area,
and all prohibitions, restrictions and regulations with regard to
the taking of shellfish therein, shall be posted and available for
public inspection, in the office of the Town Clerk and the Department
of Maritime Services.
[Amended 11-8-2006 by L.L. No. 34-2006]
F.
Violations. No person, business, firm, partnership
or corporation shall violate the prohibitions, restrictions or regulations
of the Director of Maritime Services with respect to the taking of
shellfish from a management area.
[Amended 11-8-2006 by L.L. No. 34-2006]
G.
Public transplant. The harvesting of shellfish from
uncertified town lands underwater shall be permitted only for the
purpose of public transplant onto town lands underwater.
The Town Board of Trustees shall not lease any
town lands underwater or lease waters or area above town lands underwater
for the purpose of shellfish harvesting, deputation, cleansing, purification,
aquaculture/mariculture, seeding, spawning and/or growth of shellfish,
or the rafting and/or holding of shellstock.
No person, business, partnership or corporation
shall remove or tamper in any way with stakes, buoys, signs, boundary
markers or other devices used to mark any management areas, uncertified
areas, conditionally certified areas, seasonally certified areas or
leased lands.
A.
Measuring/sorting devices. Anyone dealing, buying,
processing, shipping or transporting hard clams, soft clams or oysters
in the shell for wholesale commercial purposes within the Town of
Huntington shall be in possession of a measuring/sorting device designed
to size shellstock pursuant to the requirements of this chapter.
B.
Nighttime restriction. No person, business, firm,
partnership or corporation shall deal with shellfish for commercial
purposes on town land underwater between sunset and sunrise.
C.
State permits.
(1)
Buying. No person, business, partnership or corporation
shall buy or otherwise receive shellfish for commercial purposes,
within the jurisdiction of the Town of Huntington, from anyone who
does not possess the appropriate, valid NYSDEC permit authorizing
them to take or deal in shellstock for commercial purposes.
(2)
Selling. No person, business, firm, partnership or
corporation shall sell or otherwise transfer shellfish for commercial
purposes, within the jurisdiction of the Town of Huntington, to anyone
who does not possess the appropriate, valid NYSDEC permit authorizing
them to deal in shellstock for commercial purposes.
Starfish (Asterias species), drills (Urosalpinx
cineria and Eupleura caudata), moon snails (Polynices species and
Lunatia species) and conchs (Busycon species), when taken, shall not
be returned alive to town lands underwater.
A.
Requirement. Any person, business, firm, partnership
or corporation involved in the taking, selling, buying, processing,
shipping or transporting of shellfish within the jurisdiction of the
Town of Huntington shall permit any law enforcement officer or other
duly authorized individual to inspect the contents of any boat, vehicle
or place of business of any kind, locker, box, basket, crate, creel,
bag or container of any nature, at any time and as often as deemed
necessary by said inspecting officer or individual. Such inspections
shall be made in such a manner as to provide adequate control of the
size of all shellfish offered for sale or harvested within the jurisdiction
of the Town of Huntington, and to ensure that species are not taken
out of season.
B.
Dumping. It shall be unlawful for anyone who has been
requested or signaled to stop by any police or peace officer to throw
or dump the following into the water before such officer has inspected
the same:
C.
Evasion. It shall be unlawful for anyone to release,
discharge, dispose, lower, dump or blind set into the water any shellfish
and/or shellfish containers where this act shall be deemed intentional
to avoid and evade inspection, detection or possession of harvested
shellfish.
