[Amended 1-26-1982; 3-7-1989; 1-29-2008 by L.L. No. 3-2008]
This chapter shall be known as the "Shellfish and Marine Life
Ordinance of the Town of Oyster Bay."
A.
This chapter is adopted for the purpose of regulating and controlling
the taking of shellfish, shellfish predators, and other aquaculture
marine life from the lands underwater in the Town of Oyster Bay in
order to ensure the propagation of shellfish, to protect the public
health and welfare, to promote the economic well-being of those who
rely upon Town waters for their livelihoods and to provide food and
recreation for the residents of the Town of Oyster Bay.
[Amended 11-16-2021 by L.L. No. 15-2021]
B.
A variety of research and studies have supported limiting access
to shellfish stock in order to prolong, preserve and protect Long
Islands shellfish industry, most specifically by limiting the number
of licenses and permits issued.
C.
Unregulated access to marine resources leads to biologic and economic
depletion of stocks. There is a need for regulations to limit fishing
efforts or access. Limited entry is primarily a method of allocating
revenue to the participants in a fishery to improve their individual
economic performance and that of the entire fishery. Entry can be
limited directly by establishing a limit to the number of licenses
issued. Limited entry must be combined with limits on each individual's
catch. The need to control entry into Oyster Bay waters is recommended
to sustain harvests over a longer period, while maintaining a higher
standing stock of shellfish.
D.
Two thousand and seven shellfish density surveys for the South Oyster
Bay and the Oyster Bay/Cold Spring Harbor complex have determined
that there is compelling evidence to indicate that the existing shellfish
stock cannot sustain substantially more pressure without undergoing
decline. Thus, it is of paramount importance that the Town of Oyster
Bay enact regulations to foster the goal of shellfish preservation.
E.
It is hereby found that the marine life existing in the waters of
the Town and in the Town land underwater is an invaluable resource,
the protection of which necessitates the promulgation of regulations
giving due consideration to commercial, recreational and ecological
factors and in accordance with sound conservation principles.
F.
The Town has ownership and authority over certain waters and lands
underwater within the boundaries of the Town of Oyster Bay. The provisions
of this chapter shall apply to all Town waters and lands underwater,
as hereinafter defined.
A.
Any person convicted of taking shellfish without a permit as required by § 196-5B for commercial purposes, or a license as authorized by Article VI, shall be guilty of the following:
Amended 11-16-2021 by L.L. No. 15-2021]
(1)
A violation for a first conviction punishable by a fine of not less
than $350 nor more than $750, and/or an amount equal to the market
value of the shellfish taken.
(2)
A violation for a second conviction or subsequent convictions within
five years of a previous conviction for a like offense, punishable
by a fine of not less than $750 nor more than $1,500, and/or an amount
equal to the market value of the shellfish taken.
B.
Any person convicted of taking shellfish from Town lands underwater between sunset and sunrise in violation of § 196-14 shall be guilty of the following:
(1)
A violation for a first conviction, punishable by a fine not less
than $100 nor more than $500, and/or an amount equal to the market
value of the shellfish taken, or by imprisonment not to exceed more
than 15 days, or by both such fine and imprisonment.
(2)
A misdemeanor for a second conviction or subsequent convictions within
five years of a previous conviction for a like offense, punishable
by a fine not less than $500 nor more than $1,000, and/or an amount
equal to the market value of the shellfish taken, or by imprisonment
for not less than six months nor more than one year, or by both such
fine and imprisonment.
C.
Any person convicted of taking or possessing shellfish of less than legal size in violation of § 196-15 for commercial purposes shall be guilty of the following:
(1)
A violation for a first conviction punishable by a fine of not less
than $500, and/or an amount equal to the market value of the shellfish
taken, or by imprisonment for not more than 15 days, or by both such
fine and imprisonment.
(2)
A misdemeanor for a second conviction or subsequent convictions within
five years of a previous conviction for a like offense, punishable
by a fine of not less than $750 nor more than $1,500, and/or an amount
equal to the market value of the shellfish taken, or by imprisonment
for not less than six months nor more than one year, or by both such
fine and imprisonment.
D.
Any person convicted of taking shellfish from uncertified areas in violation of § 196-16, or violating prohibitions, restrictions or regulations with regards to taking shellfish from a management area in violation of § 196-18A, B and/or C shall be guilty of the following:
(1)
A misdemeanor for a first conviction, punishable by a fine not less
than $750 nor more than $1,500, and/or an amount equal to the market
value of the shellfish taken, or by imprisonment not to exceed more
than 30 days, or by both such fine and imprisonment.
(2)
A misdemeanor for a second conviction or subsequent convictions within
five years of previous conviction for a like offense, punishable by
a fine not less than $1,500 nor more than $2,500, and/or an amount
equal to the market value of the shellfish taken, or by imprisonment
for not less than six months nor more than one year, or by both such
fine and imprisonment.
E.
Any person convicted of willfully placing, moving or removing any boundary markers pertaining to any management area in violation of § 196-18D and E shall be guilty of the following:
(1)
A violation for a first conviction, punishable by a fine not less
than $500 nor more than $1,000 or by imprisonment not to exceed 15
days, or by both such fine and imprisonment.
(2)
A misdemeanor for a second conviction or subsequent convictions within
five years of a previous conviction for a like offense, punishable
by a fine not less than $1,000 nor more than $2,000 or by imprisonment
not to exceed six months, or by both such fine and imprisonment.
F.
Any person convicted of taking shellfish from Town-leased lands underwater in violation of § 196-22 shall be guilty of the following:
(1)
A violation for a first conviction, punishable by a fine not less
than $500.
(2)
A misdemeanor for a second conviction or subsequent convictions within
five years of a previous conviction for a like offense, punishable
by a fine not less than $750 nor more than $1,000, and/or an amount
equal to the market value of the shellfish taken, or by imprisonment
not to exceed six months, or by both such fine and imprisonment.
G.
Any person who shall have been convicted of a violation of this chapter
and whose permit or license shall have been suspended or revoked and
who further violates this chapter during such period of suspension
or revocation shall be guilty of a misdemeanor punishable by a fine
not to exceed $2,000 or by imprisonment not to exceed one year, or
both.
[Amended 11-16-2021 by L.L. No. 15-2021]
H.
Any person convicted of violating this chapter shall be subject to
a civil penalty in the amount of the damages sustained by the Town
and caused by said violation, to be sued for by the Town and used
by the Town in furtherance of a bay management program.
I.
Any person convicted of violating any provision of this chapter, except as otherwise provided in Subsections A through H shall be guilty of the following:
(1)
A violation for a first conviction, punishable by a fine not less
than $50 nor more than $500, and/or an amount equal to the market
value of the shellfish taken, or by imprisonment not to exceed 15
days, or by both such fine and imprisonment.
(2)
A misdemeanor for a second conviction or subsequent convictions within
five years of a previous conviction for a like offense, punishable
by a fine not less than $750 nor more than $1,000, and/or an amount
equal to the market value of the shellfish taken, or by imprisonment
not to exceed six months, or by both such fine and imprisonment.
J.
All the provisions and penalties herein contained are in addition
to and in no wise in contradiction or modification of any other provisions
of this chapter or of any laws applicable thereto.
