In this chapter, unless the content requires otherwise, the following
terms shall have the meanings ascribed to them:
BOAT or VESSEL
Includes every description of water craft, floating structure,
or other contrivance, whether or not seaworthy, used or capable of
being used as a means of transportation on water, whether self-propelled
or otherwise.
BUSHEL
That amount of unopened shellfish which will fill a bag or
standardized container, said bag or container to be a standard measure
bushel and stamped with the wording "Town of Oyster Bay" on the bag
or container, or fill to the level top of such other shellfish container
as the Town may designate, by resolution, duly adopted and posted
by the Town Clerk. Where the limit on shellfish taken is a bushel
or more pursuant to this chapter, all permittees must use the standard
measure bushel bag or standardized container to contain such shellfish
as are in his or her possession. Failure to do so shall constitute
a violation of this chapter.
CERTIFIED AREAS
Those shellfish lands and the produce thereon designated
or 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 agitation, disturbance and/or displacement of bottom
soil by artificial means, including the use of any mechanical device
or outboard motor.
COMMERCIAL PERMIT
A permit issued to persons to take shellfish from Town lands
under water for commercial purposes.
COMMERCIAL PURPOSE
The taking of shellfish for any use or purpose other than
for food consumption by the person so taking or by such person's family
or household.
DAYLIGHT HOURS
The time between sunrise and sunset as officially recorded.
DIGGER'S PERMIT
A permit issued by the NYSDEC to allow the commercial taking
of shellfish.
ENFORCEMENT OFFICER
An officer designated by the Town to enforce this chapter,
including, but not limited to, a Nassau County Police Officer, Town
Code Enforcement Officer, Town Bay Constable. Harbormaster, or Town
Environmental Conservation Officer.
MANAGEMENT AREA
An area designated or set aside by the Town Board for the
conservation, preservation, protection, seeding, rehabilitation and/or
growth of shellfish, or to promote the health, safety and welfare
of the residents of the Town of Oyster Bay.
OWNER
Includes the person under whose name the vessel was last
registered with the United States Coast Guard or the New York State
Department of Motor Vehicles, and in any case the last known owner
or the person who claims lawful possession of such vessel be virtue
of legal title or equitable interest therein which entitles him/her
to such possession.
PERSONAL PERMIT
A permit issued to persons to take shellfish from Town lands
under water for personal or family use.
POT-HAULER
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.
QUALIFIED BIDDER
A person who resides in the Town of Oyster Bay or a domestic
corporation of which its principal place of business and a majority
of its shareholders reside in the Town of Oyster Bay.
RESIDENT
A person who has, and has had for the preceding six months,
a principal place of abode and domicile in, and who actually resides
within, the Town of Oyster Bay. Domiciled shall include children of
those domiciled while such children live temporarily elsewhere pursuing
education or are serving in the armed forces.
SHELLFISH
Includes all varieties and types of oysters, scallops, hard
clams, soft clams, razor clams, steamers, crabs, shrimp, lobsters,
mussels, skimmer or surf clams, periwinkles, whelks and conch.
SHELLFISH CONTAINER
Any receptacle for holding, storing, packing, enclosing,
receiving, transporting or shipping when containing shellfish.
SHELLFISH TAGS
Waterproof labels to be attached to bushel bags or other
authorized and standardized containers, identifying the name of the
shellfish harvester, the harvest date, the harvest area, the type
and quantity of shellfish and such other information as may be required.
STANDARDIZED CONTAINER
Receptacle, the construction material and style of which
to be determined by the Commissioner of the Department of Environmental
Resources which when filled level to the brim with shellfish will
constitute one standard measure bushel and used for the transport
and measurement of shellfish.
STANDARD MEASURE
A bushel with a volume of 2,150.42 cubic inches or otherwise
in agreement with criteria set forth in the Agriculture and Markets
Law of the State of New York Article 16, Section 176.
TAKING
Includes the removal or actual taking of and/or assisting
with the removal or actual taking of shellfish, by any means from
Town land or Town waters, and all lesser acts such as attempting to
remove or take shellfish, disrupting or disturbing of shellfish, with
or without the use of any implement, aid or device commonly used to
take shellfish, regardless of whether they result in taking or not,
and includes every attempt to take. Taking shellfish for commercial
purposes shall be presumed where shellfish are taken in quantities
in excess of 1/4 bushel in any one day.
TOWN LAND UNDERWATER
Includes all lands, lands underwater within the Town, below
the mean high-water line, owned by the Town, except such lands leased
by the Town to others for shellfish cultivation.
UNCERTIFIED AREAS
(1)
An area designated by the NYSDEC as an area in such unsanitary
condition that shellfish therein may not be taken for use as food.
(2)
A conditional shellfish area restricted during specific seasons
or periods of weather conditions as designated by the NYSDEC and/or
the Commissioner of the Department of Environmental Resources of the
Town of Oyster Bay.