[Amended 1-26-1982; 3-13-1984; 4-16-1985; 3-7-1989; 9-14-1993; 6-22-1999 by L.L. No. 4-1999; 3-9-2004 by L.L. No. 7-2004; 1-29-2008 by L.L. No. 3-2008]
A. 
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 PERMIT HOLDER
A person who has an Oyster Bay Town commercial permit as prescribed by this chapter.
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.
LEASED UNDERWATER LANDS
Lands underwater leased by the Town for shellfish cultivation and harvesting.
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
Town of Oyster Bay.
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.
B. 
Word usage. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Furthermore, a masculine pronoun shall include the feminine. "Shall" is mandatory; "may" is permissive.
C. 
Ambiguity. Terms not defined in this article, or terms found to be ambiguous or improperly defined in this section, shall be defined by the Environmental Conservation Law of the State of New York or appropriate rules and regulations pursuant thereto.
A. 
No person shall take shellfish unless such person has obtained the permit therefor as hereinafter provided by this article.
B. 
No person shall take shellfish for commercial purposes unless such person has obtained a commercial permit therefor as hereinafter provided by this article, or a license issued pursuant to Article VI.
[Amended 11-16-2021 by L.L. No. 15-2021]
C. 
Any person holding permits in both the Town of Oyster Bay and another municipality having residency requirements shall immediately forfeit his/her Town of Oyster Bay permit, which declared null and void by notice of the Town Clerk.
D. 
No person shall use, display or possess a permit issued to another person.
E. 
The number of commercial permits issued by the Town of Oyster Bay in any one year shall be limited to 110 permits, in accordance with the appropriate section of this chapter. Those having held a permit in good standing the previous permit year may constitute a preapproved list and shall have 30 days prior to the renewal date set forth in this chapter to reapply for such permit before new applicants shall be considered for receipt of a permit. Such preapproval shall be subject to any restrictions set forth in this chapter, such as violations of this or any other chapters of the Code of the Town of Oyster Bay. The number of commercial permits issued by the Town in any one year may be adjusted and set, on a yearly basis, by Town Board resolution and proper publication of notice thereof.
F. 
Permits will be issued to individuals only.
A. 
Application; information required.
(1) 
An application for a personal or commercial permit shall be submitted to the Town Clerk by sworn statement, in writing, in the form prescribed and issued by the Town Clerk, and shall include but not be limited to:
(a) 
The applicant's name.
(b) 
The applicant's address with street and number, if any.
(c) 
The applicant's citizenship, age, sex, weight, height, color of eyes and hair, and signature.
(d) 
The applicant's domicile shall be shown to be within the Town of Oyster Bay.
(e) 
A description of applicant's real property owned in the Town of Oyster Bay with street number, if any, and with Tax Map number.
(f) 
Every applicant less than 18 years of age shall have the application cosigned by a parent or guardian.
(g) 
An applicant for a permit who knowingly makes a false statement or withholds information on an application shall be subject to any and all of the following:
[1] 
Denial of the application.
[2] 
Revocation of any permit issued.
[3] 
Prosecution and civil penalties pursuant to the Penal Law of the State of New York.
(2) 
Each applicant for a personal permit shall submit to the Town Clerk for inspection two of the following:
(a) 
A valid New York State driver's license and vehicle registration in the name of the applicant, setting forth an address located within the boundaries of the Town of Oyster Bay;
(b) 
A validated tax receipt stub for the current year for any taxable property located within the boundaries of the Town of Oyster Bay;
(c) 
A valid voter registration card indicating applicant's place of residence as being within the boundaries of the Town of Oyster Bay; or
(d) 
A copy of a lease of property within the Town of Oyster Bay, the term of which shall be a minimum of one year. Said personal permit shall expire with the expiration of the lease or March 31, whichever is earlier;
(e) 
All other information requested and deemed necessary by the Town Clerk in the exercise of his/her administrative and investigative functions.
(3) 
Each applicant for a commercial permit shall submit to the Town Clerk for inspection all of the following:
(a) 
A valid New York State driver's license, vehicle registration in the name of the applicant or a valid New York nondriver's identification card, setting forth an address located within the boundaries of the Town of Oyster Bay;
(b) 
A validated tax receipt stub for the current year for any taxable property located within the boundaries of the Town of Oyster Bay or a copy of a lease of property within the Town of Oyster Bay, the term of which shall be a minimum of one year. Said commercial permit shall expire with the expiration of the lease or March 31, whichever is earlier;
(c) 
A valid voter registration card indicating applicant's place of residence as being within the boundaries of the Town of Oyster Bay or an affidavit, in the form prescribed and issued by the Town Clerk, by applicant that he or she is not a registered voter in any jurisdiction and that he or she is a resident of the Town of Oyster Bay;
(d) 
A valid New York State shellfish digger's permit issued by NYSDEC;
(e) 
Two full-face photographs of the applicant taken within two months prior to the application date;
(f) 
All other information requested and deemed necessary by the Town Clerk in the exercise of his/her administrative and investigative functions;
(g) 
Before issuing a commercial permit, the Town Clerk shall be satisfied as to the identity of the applicant and may require the applicant to submit proof that he is a resident and has resided in the Town of Oyster Bay for six months; and
(h) 
Any commercial permit application shall contain the description of any boat or vessel which may be used by the applicant, including the New York State registration numbers for such boat or vessel.
B. 
Form of permit; evidence of permit.
(1) 
Permits shall be on the form prescribed by the Town Clerk and contain the matters set forth in Subsection A above, with a photograph of the permit holder affixed thereto. The original application shall be filed in the Town Clerk's office and the permit shall be issued by the Town Clerk's Office. Each permit issued shall contain the exact date of issuance.
(2) 
Any person engaged in taking shellfish or shellfish predators from Town lands underwater shall locate and exhibit his permit and shellfish gauge so that they shall be immediately available to any enforcement officer. Failure to do so shall be presumptive evidence that such person does not possess a shellfish permit.
C. 
Immediately upon any changes in information required by this section, the permit holder shall notify the Town Clerk's office of said changes in writing. Failure to notify the Town Clerk's office of any changes in required information may result in suspension or revocation of any permit issued under this chapter.
D. 
A person whose permit, identification card or display sticker is lost or stolen shall report same to the Town Clerk's office immediately and shall obtain a duplicate permit, identification card or display sticker from the Town Clerk's office. A fee of $5 shall be due for each such duplicate.
A. 
A resident of the Town of Oyster Bay may obtain a personal permit for the taking of shellfish from Town land underwater upon application to the Town Clerk, authorizing such permit holder to harvest shellfish for his personal or family use. A personal permit holder shall not harvest shellfish in excess of 1/4 standard measure bushel in any one day.
B. 
A resident under 14 years of age shall not be required to obtain a personal permit. Such resident under 14 years of age may harvest shellfish for his personal or family use in an amount which shall not exceed 1/4 bushel in any one day.
C. 
The personal permit fee shall be $5 of which 50% of the set fee shall be used for the seeding of shellfish beds, the transfer of shellfish from uncertified waters to certified waters, the development and implementation of a bay management program and for practical research projects to improve shellfishing in Town waters. The Town Board may, by resolution, set and from time to time adjust the fee to be paid for the personal permit.
A. 
Any person over the age of 16 who is a resident of the Town and shall have resided in the Town for at least six months before the time of his/her application may obtain a commercial permit for taking shellfish and/or for assisting with taking shellfish upon making proper application therefor to the Town Clerk. Any person between the ages of 14 and 16 who is a resident of the Town may obtain a commercial permit for the taking of shellfish upon making proper application therefor and upon the presentation of an employment certificate or permit issued in accordance with the Education law to the Town Clerk. No person under the age of 14 shall be eligible for a commercial permit for the taking of shellfish.
B. 
The commercial fee shall be $400 of which 50% of the set fee shall be used for the seeding of shellfish beds, the transfer of shellfish from uncertified waters to certified waters, the development and implementation of a bay management program and for practical research projects to improve shellfishing in Town waters.
C. 
The Town Board may, by resolution, set and from time to time adjust the fee to be paid for the commercial permit.
D. 
At the discretion of the Commissioner of the Department of Environmental Resources, commercial permit holders shall be required to participate in water quality improvement and/or educational programs, as designated and determined by said Commissioner, for up to 12 hours per license year.
[Amended 3-12-2013 by L.L. No. 2-2013]
A. 
With the exception of senior citizen personal permits as provided for in § 196-9, permits shall be valid from July 1 the year of issuance and shall expire on the last day of June of the next ensuing year, unless sooner voided, suspended or revoked in accordance with this chapter.
B. 
As set forth above in this chapter, those commercial permit holders constituting a preapproved list shall have 30 days prior to the renewal date of July 1 to reapply for such commercial permit before new applicants shall be considered for receipt of a commercial permit.
C. 
A permit shall expire immediately when the person to whom it is issued ceases to be a resident.
D. 
Any permit set to expire on March 31, 2013 shall be deemed to be in full force and effect up to and including June 30, 2013.
A. 
Commercial permits issued pursuant to this chapter shall become void if the holder thereof ceases to be a resident or taxpayer of the Town of Oyster Bay. If the holder thereof is convicted of a violation of this chapter, the court shall enter upon the permit the date of conviction and penalty imposed. Any shellfish permit shall be suspended at the discretion of the court for a period not to exceed 30 days from the date of conviction. Any shellfish permit shall be automatically suspended for a period of six months from the date of conviction upon the second conviction for a violation of this chapter within a period of 12 months from the date of the first conviction. Any shellfish permit shall be automatically revoked for a period of five years upon the third conviction for a violation of this chapter within a period of 18 months from the date of the first conviction. Nothing in this section shall be construed as overriding or limiting the powers of the Licensing Commissioner as set forth in Chapter 147 of this Code, nor the rights of licensees as set forth in Chapter 147 of this Code.
B. 
A permit shall not survive the permittee.
C. 
A permit shall be automatically suspended or revoked upon the suspension or revocation by the NYSDEC of a like permit. The period of suspension or revocation shall be for the same duration as that of the New York State permit.
D. 
At the time it revokes or suspends a permit, the court shall remove the permit from the holder and deliver the same to the Town Clerk with the date of conviction and the length of any revocation imposed hereunder. The Town Clerk shall not restore a revoked permit or issue a new permit during the period of revocation.
Upon the issuance of a permit pursuant to this article, the Town Clerk shall issue to the permit holder an identification card which bears a photograph of the permit holder. Any person engaged in taking shellfish and/or assisting with taking shellfish shall display his identification card in a conspicuous place upon his person, and failure to do so shall be prima facie evidence that such person has not obtained such permit. In the case of a commercial permit, the Town Clerk shall also issue a commercial permit sticker which shall be affixed to the front of the hull of the boat used by the permit holder for shellfishing whenever such boat is used for shellfishing in Town waters. Such sticker shall be conspicuously affixed on the port side in as high a position above the water line as possible and shall be located no further back than three feet from the front of the bow.
A. 
No hard clams (Mercenaria mercenaria) measuring less than one inch in thickness measured at right angles to the shell hinge shall be taken from land underwater. All hard clams taken which are less than one inch in thickness shall be returned immediately to the land underwater from which they were taken. A commercial permit holder shall not take in excess of 10 bushels of hard clams from Town land underwater in any one day. Allowable limits on the taking of hard clams may be adjusted and set, on a yearly basis, by Town Board resolution and proper publication of notice thereof.
B. 
No soft or steamer clams (Mya arenaria) less than 1 1/2 inches in length, as measured on the longest diameter, shall be taken from land underwater. All soft clams taken which are less than 1 1/2 inches in length shall be returned immediately to the land underwater from which they were taken. A commercial permit holder shall not take in excess of five bushels of soft or steamer clams from Town land underwater in any one day. Allowable limits on the taking of soft or steamer clams may be adjusted and set, on a yearly basis, by Town Board resolution and proper publication of notice thereof.
C. 
No oysters (Ostrea virginica) under the size of five inches shall be taken from Town land underwater. The length of the oyster added to its width shall determine the size thereof. All oysters taken which are less than five inches in size shall be returned immediately to the Town land underwater from which they were taken. A commercial permit holder shall not take in excess of three bushels of oysters from Town land underwater in any one day. Oyster shells taken from Town land underwater shall be returned to the water within 10 minutes after being taken. Allowable limits on the taking of oysters may be adjusted and set, on a yearly basis, by Town Board resolution and proper publication of notice thereof.
D. 
Bay scallops (Pecten irradians) may be taken only during the period from the third Monday in September to March 31, both inclusive. Bay scallops shall not be taken on Sundays by use of a dredge or other device operated by power. Only bay scallops having an annual growth line or measured not less than 2 1/4 inches from the middle of the hinge to the middle of the bill may be taken. All bay scallops which may not be taken pursuant to these provisions shall be immediately returned alive to the water. Scallops shall be culled when taken. A commercial permit holder shall not take in excess of five bushels of bay scallops from Town land underwater in any one day. Allowable limits on the taking of bay scallops may be adjusted and set, on a yearly basis, by Town Board resolution and proper publication of notice thereof.
E. 
No bushel, package or container shall exceed 3% of shellfish which may not be taken. Such 3% shall be determined by the measurement of any bushel, or other package or container of different measurement of clams taken from the catch or in the possession of the person taking or possessing such clams. Each bushel, or other package or container of different measurement containing an excess of 3% of clams which may not be taken determined by count, shall constitute a separate violation of this provision.
F. 
No person shall possess shellfish for commercial purposes unless they are enclosed in a standard measure bushel bag or other standardized and authorized container with a complete and accurate shellfish tag attached.
G. 
Commercial shellfishing of soft shell clams is permitted in less than three feet of water in areas specifically designated by the Commissioner of the Department of Environmental Resources of the Town of Oyster Bay, from time to time. Commercial harvesting in said specifically designated areas is permitted between the months of September and May, inclusive.
H. 
Shellfish shall be culled and/or sorted as to size in the immediate area from which they are taken and as soon as possible after they are taken. All shellfish taken which do not comply with the provisions of this article shall be immediately returned alive to the water.
I. 
No person shall take shellfish from Town land underwater leased or licensed by the Town to others for shellfish cultivation.
[Amended 11-16-2021 by L.L. No. 15-2021]
J. 
No person shall take, interfere with or otherwise disturb shellfish possessed, planted or cultivated by another.
K. 
No person shall sell or otherwise transfer shellfish for commercial purposes to a person who has not obtained a commercial buyer's permit or NYSDEC permit authorizing the person to whom it issued to deal with shellfish for commercial purposes.
L. 
No person having had a shellfish permit suspended or revoked by any municipality shall engage in the taking of shellfish from Town lands underwater at any time during the period of such suspension or revocation.
M. 
Any person convicted of taking shellfish at the time when his/her shellfish permit is suspended or revoked as described in subsection L of this section shall not be issued any Town shellfish permit at any time thereafter.
Except as expressly authorized by the Town Board, it shall be unlawful to take shellfish from waters designated as uncertified by the Department of Environmental Conservation of the State of New York. A map of uncertified waters shall be on file in the office of the Town Clerk.
A holder of a commercial permit may only take shellfish from Town land underwater where the depth of the water is greater than three feet at mean low tide.
The Town Board may set aside as a management area, Town lands underwater for the conservation, transplantation, preservation, seeding and rehabilitation of shellfish. Any area so set aside shall come under the direct supervision of the Commissioner of the Department of Environmental Resources of the Town of Oyster Bay. No person shall take, interfere with or otherwise disturb shellfish within an area designated as a management area.
A. 
An uncertified area shall be a management area.
B. 
A description of each management area and all prohibitions, restrictions and regulations with regards to the taking of shellfish from a management area shall be posted in the office of the Town Clerk.
C. 
Determinations by Commissioner.
(1) 
The Commissioner of the Department of Environmental Resources is authorized to prohibit and restrict the removal of shellfish from any management area. In making a determination as to the prohibition or restriction of the removal of any shellfish from a management area the Commissioner of the Department of Environmental Resources shall, among other things, give due consideration to the following:
(a) 
Whether or not the shellfish have been sufficiently purified to be suitable as food for human consumption.
(b) 
Whether or not the first spawning period has passed for the shellfish in the management area.
(c) 
Whether a minimum quantity of shellfish is available within the shellfish area for spawning until such time as desired quantities of shellfish are maintained.
(2) 
Whenever the Commissioner of the Department of Environmental Resources has made a determination after giving due consideration to the conditions prescribed in this section, he may open the management area with freedom of access for harvest by holders of shellfish permits and other persons duly authorized to use the management area.
D. 
The Commissioner of the Department of Environmental Resources shall mark a management area with appropriate monuments, stakes or boundary markers.
E. 
No person shall willfully injure or remove any signs, monuments, stakes or boundary markers of any kind placed for the purpose of delineating or locating a management area. The Commissioner of the Department of Environmental Resources may authorize the removal of any sign, monument, stake or boundary marker.
A. 
Oysters and mussels shall be taken by hand, tongs or rakes without power from Town land underwater.
B. 
No implement or device shall be used in taking hard clams from Town lands underwater, except.
(1) 
Hand-operated tongs having teeth in the heads thereof spaced not less than one inch apart, measured in the clear.
(2) 
Hand-operated rakes having teeth spaced not less than one inch apart, measured in the clear.
C. 
No wire netting or other foreign substances shall be used between the teeth or bows of rakes or tongs herein authorized for the taking of hard clams. The use of implements or devices other than tongs and rakes as described above by any person while engaged in the taking of hard clams shall be presumptive evidence of a violation of this chapter.
D. 
Soft clams may be taken by implements commonly known as "shovels," "forms" and "hoes" which are operated only by hand.
E. 
Bay scallops may only be taken from Town lands underwater by means of nets, tongs, rakes and scallop scrapes. A scallop scrape or device which does not penetrate the bottom so as to interfere with or disturb clams. A scallop scrape may not exceed 36 inches at the opening at the mouth and must be brought aboard by hand power without the use of a mechanical device.
F. 
No dredge, scrape or other device operated by power or by boats propelled by motor or other mechanical means may be used for the taking of shellfish from Town lands underwater except as provided for in Subsection E above for the taking of bay scallops.
G. 
A pot-hauler device may only be used on board a vessel to assist in hauling or retrieving a clam rake from the water in the area north of the geographic line connecting the most seaward point of Plum Point to the most seaward point of Cooper's Bluff provided that the basket attached to the clam rake shall not exceed 26 inches in width.
H. 
Any permit holder who has had his or her permit suspended and/or revoked for any reason is prohibited from being aboard a vessel used in the taking of shellfish for the purpose of assisting another in said taking.
I. 
Endorsed vessels.
(1) 
Upon application to the Town Clerk on forms furnished by the Town Clerk, a commercial permit may be endorsed for use on a vessel, in which case such permit may authorize all persons on board such vessel, to engage in the taking of shellfish, including the culling, sorting and tagging of such shellfish. Each application for vessel endorsement shall include a copy of one of the following documents as proof of vessel length: the certificate of documentation for the vessel issued by the United States government, or the registration for the vessel issued by New York State.
(2) 
The fee for endorsing a commercial permit to a vessel shall be $50. Such fee shall be in addition to the commercial permit fee provided for in this chapter. The Town Board may, by resolution, set and from time to time adjust the fee to be paid for the endorsement.
(3) 
Not more than one rake, tong or other shellfish harvesting device shall be used for the taking of shellfish at any given time pursuant to a commercial permit that has been endorsed to a vessel.
(4) 
A commercial permit which has been endorsed to a vessel shall not cover any person whose commercial permit has been suspended or revoked.
(5) 
The holder of a commercial permit which has been endorsed to a vessel shall remain on the vessel at all times.
(6) 
An endorsed vessel and any authorized person(s) thereon shall not be deemed permit holder(s) under this chapter by virtue of such vessel endorsement.
(7) 
The holder of a commercial permit which has been endorsed to a vessel shall be liable for all violations of this chapter that occur on such vessel.
(8) 
If the holder of a commercial permit which has been endorsed to a vessel is a corporation, the operator of such vessel shall possess a separate commercial permit issued in the operators name, and such operator shall be liable for all violations of this chapter that occur on such vessel.
(9) 
A commercial permit shall not be endorsed to more than one vessel at any one time.
(10) 
The holder of a commercial permit which has been endorsed to a vessel shall maintain a daily log indicating the names and addresses of individuals covered by such permit for each day the vessel is used taking shellfish, and shall make such log available to any Enforcement Officer or Town employee.
The Town shall have power:
A. 
To search without a warrant any boat or vehicle of any kind, any box, locker, basket, crate, fish well, package or any other container of any nature and the contents of any building other than a dwelling whenever there is probable cause to believe that any provision of this chapter for the protection of shellfish crustacea has been or is being violated and to use such force as may be necessary for the purpose of examination and search.
B. 
To seize as evidence without a warrant any shellfish crustacea or parts thereof, whenever there is probable cause to believe it is possessed or transported in violation of this chapter or there is evidence of illegal taking or its possessed or transported under circumstances making the possession or transportation prima facie evidence of illegal taking.
C. 
To seize as evidence without warrant:
(1) 
Any rakes, tongs, dredges or devices other than a boat or vehicle found which may have been or could have been used for the taking of shellfish in violation of this chapter. This subsection does not limit any power or seizure pursuant to warrant.
(2) 
To retain custody of and provide for the safekeeping of anything seized as provided in § 196-20B and C of this chapter, subject to the regulations of the Town and subject to an order of any court having jurisdiction until determination of any prosecution arising from the violation or alleged violation with respect to which they are evidence.
A. 
If the defendant is held liable or found guilty in any prosecution, civil or criminal, of the taking of shellfish in violation of this chapter, the defendant's interest in any and all rakes, tongs, dredges or devices, other than a boat or vehicle, used for the purpose of taking shellfish in violation of such provisions shall be forfeited to the Town. Unless a claim of ownership of such device shall be made to the Department of Environmental Resources by some other person, within 30 days thereafter and shall be established by order of a court or to the satisfaction of the Department of Environmental Resources such device shall be disposed of as the Department of Environmental Resources shall direct.
B. 
For the purpose of this section, a "claim of ownership" shall mean lawful interest, including a part interest or security interest.
(1) 
A claim of ownership shall not prevent vesting or revesting of ownership and right of possession in the Town pursuant to Subsection A of this section, unless the person establishing it either establishes a right of ownership of any interest in the defendant or shall purchase or redeem from the Town any interest of the defendant by payment to the Town of the value thereof, together with the reasonable expenses of safekeeping of such property between the time of seizure and such redemption. Establishment of claim of ownership shall not in any event prevent such revesting in the Town if the Town shall establish that the illegal possession or transportation of which the defendant is held or found guilty was expressly or impliedly permitted by the person establishing the claim of ownership.
(2) 
Establishment of a claim of ownership consisting of a part ownership or a security interest shall not entitle the person establishing it to delivery of property as to which the interest of the defendant is declared confiscated or forfeited as provided in Subsection A of this section, unless the person establishing it shall redeem any interest of the defendant by payment to the Town of the value thereof, together with the reasonable expenses of safekeeping of such property between the time of seizure and such redemption. Establishment of a claim of ownership shall not in any event entitle the person establishing it to delivery of property if the Town shall establish that the illegal use or possession of such property, in the manner or for the purpose or in the circumstances making such use or possession illegal, was expressly or impliedly permitted by the person establishing such claim of ownership.
(3) 
Where a person establishing a claim of ownership is required to purchase or redeem any interest of the defendant in a civil or criminal prosecution in order to be entitled to delivery of property in which such claim of ownership is established, such interest of the defendant must be so purchased or redeemed not less than 10 days after the price of purchase or redemption shall have been fixed by order of the court or agreed between the person whose claim is so established and the Bureau of Conservation and Waterways shall have the power to enter into such agreement on behalf of the Town.
(4) 
If a person establishing a claim of ownership shall fail to purchase or redeem the interest of the defendant within the time provided in the subsection, or such longer time as may be provided by order of the court or agreement of the Bureau of Conservation and Waterways, he shall be deemed to have abandoned his claim of ownership and the property may be disposed of as if no claim has been asserted.
(5) 
All moneys received in payment of the price of redemption or purchase of the defendant's interest shall be deposited in the Town of Oyster Bay's management account.
C. 
A person asserting a claim of ownership as provided in this section shall have the burden of proof.
D. 
In any action or proceeding in which any person asserts a claim of ownership with respect to property in which the interest of the defendant is declared confiscated and forfeited as provided in Subsection A of this section, the testimony of such person or of the defendant in the civil or criminal prosecution, or of both, shall not be deemed sufficient to establish his claim unless corroborated by documentary evidence or by testimony of some other person not interested in the event.
A. 
No person shall take shellfish from leased underwater shellfish lands except the lessee and his employees or persons with written permission of the lessee.
B. 
The failure of any person to exhibit written permission from the lessee to take shellfish from leased underwater lands required by this chapter, to any Town of Oyster Bay Bay Constable or any authorized officer shall constitute prima facie evidence that said person is trespassing and in violation of this chapter.
The Town Board may lease underwater lands owned by the Town and may renew all such leases, including those underwater lands conveyed by the Town to the United States of America. The lessee shall have the sole right to all shellfish on the lessee's leased underwater lands. With the exception of lands heretofore leased, any additional underwater lands shall not be leased where there is an indicated presence of shellfish in sufficient quantity and quality and so located as to support significant hand raking and/or tonging and harvesting.
A. 
Application. No lease shall be granted except upon written application on forms furnished by the Town Clerk properly executed and signed by the applicant and approved by the Town Board.
B. 
Terms and conditions. Leases may be made only to residents of the Town or domestic corporations having their principal place of business within the Town and of which the majority of shareholders reside in the Town. The lease term shall be such term as the Town Board shall deem appropriate, not to exceed 30 years. Each lease issued pursuant to this section shall contain such provisions as the Town Board may deem appropriate to protect and enhance the shellfish productivity of underwater lands which are subject to the Town's jurisdiction.
C. 
Letting to be at public auction. Letting of underwater lands owned by the Town shall be at public auction and to the highest qualified bidder pursuant to § 103 of the General Municipal Law. Before a lease is made, notice of availability shall be conspicuously posted for at least two months in the office of the Town Clerk. Such notice shall set the time when and place where bids will be received. The Town Board may reject any and all bids.
D. 
Renewal and transfer. Notwithstanding the provisions of Subsection C of this section, leases may be renewed within six years prior to their expiration upon such terms and conditions as may be imposed by the Town Board after public hearing. Leases may be transferred with the consent of the Town Board, but no new lease may be transferred within the first five years from the date of issuance. In order to facilitate shellfish cultivation by straightening the exterior lines of leasehold lands included in any existing lease and in order to simplify lot designations, the Town Board may cause a new map of leased shellfish lands to be prepared showing an accurate depiction of the current shoreline of Oyster Bay Harbor, Cold Spring Harbor and Mill Neck Creek, straightened exterior lines for leasehold lands and a consolidation and renumbering of lots comprising such leasehold lands, and after the preparation of such map and during the term of any existing lease, may accept a surrender of that portion of the lands included in such lease as lie outside such straightened exterior lines and grant additional lands to the leaseholder which lie inside such straightened lines and are adjacent to lands included in such lease and may, upon such terms and conditions as may be imposed by the Town Board after public hearing and notwithstanding the provisions of Subsection C of this section, grant renewal leases for a term not to exceed 30 years which would effectuate such surrender and grant of land, designating the lots granted in such renewal lease in accordance with their designation on the aforesaid new map of leased shellfish lands.
E. 
Summary proceedings. Upon failure to pay the rental on any date due under the terms of the lease, the Town Board may, after written notice to the lessee, declare the lease canceled as of the date set forth in such notice, and may immediately thereafter evict the lessee from such lands.