The following words and phrases in this chapter are defined
as follows:
CERTIFIED SHELLFISH LANDS
Those shellfish lands and the produce thereon certified by
the Department of Environmental Conservation of the State of New York
to be in such sanitary condition that shellfish thereon may be taken
for use as food.
CHURNING
The disturbance of bottom soil by artificial means, including
the use of any mechanical device.
COMMISSIONER
The Commissioner of the Department of Conservation and Waterways
of the Town of Hempstead.
DEPURATION
A process in which shellfish are held in tanks of sanitary
water of controlled quality for a specified time to reduce bacterial
content and make the shellfish acceptable as food for human consumption.
DRY WEATHER CONDITIONAL AREA
A designated uncertified harvest area, when meeting prescribed
criteria, becomes available for the harvest of hard clams pursuant
to the rules and regulations promulgated by the Commissioner.
MANAGEMENT AREA
Town lands and Town lands under water classified as uncertified
shellfish lands by the New York State Department of Environmental
Conservation; and/or an area set aside for conservation, preservation
and rehabilitation of shellfish under the direct supervision of the
Commissioner of the Department of Conservation and Waterways of the
Town of Hempstead.
RESIDENT
Includes any person domiciled in the Town of Hempstead.
SHELLFISH
Includes oysters, scallops, winkles and all kinds of clams
and mussels.
STANDARDIZED CONTAINER
Basket-type receptacle, the construction material and style
of which to be determined by the Commissioner, which when filled level
to the brim with shellfish will constitute one bushel and used for
the transport and measurement of shellfish.
SUNRISE/SUNSET
A daily, changeable local time which is published in local
newspaper, nautical or astrological publication indicating best day
light.
TAKING
Includes the actual removal of shellfish from Town lands
under water and/or the area above Town lands under water and all lesser
acts such as attempting to remove shellfish, disturbing shellfish
and using any implement or device to remove shellfish, regardless
of whether such acts result in the removal of shellfish.
TOWN
The Town of Hempstead.
TOWN BOARD
The duly elected and constituted legislative body of the
Town of Hempstead exercising such powers and discharging such duties
as have been or may be conferred or imposed upon it by law, both colonial
and current. As such the Town Board has full legal regulatory authority
over the harvesting and management of shellfish within the geographic
boundaries of the Town of Hempstead.
TOWN LAND and TOWN LAND UNDER WATER
Includes land, flats, shoals and land underwater within the
Town of Hempstead and owned by the Town, except such land, flats,
shoals and land under water leased by the Town to others for shellfish
cultivation.
No person shall take shellfish from Town land and Town land
under water unless such person has obtained all necessary permits
as herein provided by this chapter.
No person shall harvest or transport shellfish for depuration
from any waters of the Town of Hempstead without all necessary permits
pursuant to the rules and regulations relating thereto.
Should the holder of a shellfish permit be convicted of any
offense against this chapter, the permit shall automatically be suspended
for a period of not to exceed 12 months from the date of conviction,
and a new application for a permit may not be accepted by the Commissioner
until after the period of suspension, as determined by the court,
has expired. At the time of conviction, the court shall enter the
date of conviction upon the permit and shall forward the permit to
the Department of Conservation and Waterways.
If any section, subdivision, sentence, clause, phrase or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined
in its operation to the section, subdivision, sentence, clause, phrase
or part directly involved in the controversy in which such judgment
shall have been rendered.