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.
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.
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.
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.
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.
Blue claw crabs, horseshoe crabs, eels, mussels and other
marine biota.
One who does not reside in the Town of Southold.
All uplands and underwater lands owned in fee title by the
Town of Southold Board of Trustees by virtue of the Andros Patent.
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.
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.
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.
