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:
(1) 
Any shellfish or the contents of any pail, bag, barrel, basket, or container of any nature which may be used in the taking, holding or storage of shellfish; or
(2) 
Any container which may be used in the taking or storage of shellfish or any implements used in the taking of shellfish.
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.