[Amended 10-6-2025 by Board of Trustees of the Freeholders and Commonalty 2025-286]
A. 
No person shall set, draw or cast any nets or seines in any of the freshwater ponds or streams within the Town of Southampton.
B. 
No person shall cast, draw or set any net seine or other device for the purpose of taking fish from the waters of Otter Pond located in the Village of Sag Harbor.
C. 
No fish pound, fyke, trap, pot or other anchored device for the taking or keeping of shellfish, fish, eels, crabs, lobsters or conchs shall be placed in Town waters unless duly authorized by written permission of the Trustees. Permission shall be granted only to residents and freeholders.
D. 
Permits issued for fish pounds, fykes, traps, pots or other anchored devices for the taking or keeping of shellfish, fish, eels, crabs, lobsters, or conchs shall be valid for one year, expiring December 31 of each year.
E. 
No fish pound, fyke, trap, pot or other device as defined herein shall be set within 1,000 feet of any inlet between the Atlantic Ocean, nor shall any such device be set in any channel in Town waters, unless that device has been placed in the location described by the GPS coordinates specified in the permit for such device.
F. 
No fish traps or pounds shall be placed in the waters of the Town of Southampton between June 30 and Labor Day in any year.
G. 
All fish traps shall have installed an operating light at the seaward end, and the owner's name and permit number (Trustee) shall be affixed under the light. The light shall be in operation from sundown to sunrise.
H. 
All pots set in Town waters shall display on the buoy or pot the permit number as assigned by the Town Trustees or the permit holder's last name.
I. 
No pot set for commercial purposes shall have more than four meshes to the inch, measured horizontally or vertically.
J. 
No fish pound shall be placed closer than 500 feet to another.
K. 
No net shall exceed 1,200 feet in length for any single fisherman. No net shall exceed 1,800 feet in length for any two fishermen fishing from the same boat. No person shall retrieve a net by hydraulic or other power-operated means in Town waters. The possession of a mechanically operated net reel on vessels engaged in fishing in Town waters shall be presumptive evidence that such person has retrieved a net in violation of this section. The foregoing shall apply to all Town waters in which nets are permitted.
L. 
No fykes shall be allowed to be deployed in Sagg Pond or in Mecox Bay from April 30 through September 15, inclusive.
[Amended 4-1-2019; 11-23-2020; 3-18-2024; 11-18-2024; 11-17-2025 by Board of Trustees of the Freeholders and Commonalty 2025-332]
A. 
No mooring, spile or structure shall be placed in Town waters unless duly authorized by written permission of the Town Trustees. Permission shall be granted only to residents, taxpayers, freeholders and temporary residents. Permits for the installation of a mooring, spile or structure shall be granted to governmental authorities at the discretion of the Trustees.
B. 
All permits issued for boat moorings are issued under the supervision of the Bay Constables and are good only for the person to whom issued and for the boat described on the permit. The permit number must be placed on the mooring.
C. 
Permit fees for moorings shall be established by a resolution duly adopted by the Board of Trustees. Permits for moorings are as follows:
(1) 
General moorings:
(a) 
Three-year permit for residents and taxpayers.
(b) 
One-year permit for temporary residents.
(c) 
One-year permit for commercial/aquaculture (residents only).
(2) 
PWC float moorings:
(a) 
Three-year permit for residents and taxpayers.
(b) 
One-year permit for temporary residents.
(3) 
Dinghy/personal watercraft permits:
(a) 
Three-year permit for residents and taxpayers.
(b) 
One-year permit for temporary residents.
(c) 
Dinghy permits are limited to one permit per corresponding general mooring or PWC float mooring permits.
(d) 
Dinghies must be labeled by the permittee with the corresponding general mooring or PWC float mooring permit number. It is the responsibility of the permittee to ensure this number is clearly marked and visible at all times.
(e) 
Dinghies may only be placed at locations approved by the Board of Trustees, established by resolution and published within the annual fee schedule. Dinghies must be installed and removed from said location when corresponding mooring/PWC float mooring must be installed/removed.
(f) 
Any dinghy/personal watercraft left on the Trustee property after December 1 of the calendar year for which the permit is issued shall be deemed abandoned, and shall be subject to seizure by the Bay Constable, Marine Maintenance Department, or any other agent or assignee of the Board of Trustees.
(g) 
All seized property shall be the subject of a public hearing in which the owner thereof will be notified and may claim said property.
(h) 
Permit holders shall be notified in writing at the address provided within their application no later than 14 days prior to public hearing. A permit describing the property at issue, and issued to the same individual claiming said property, shall be deemed proof of ownership.
(i) 
All seized property shall be noticed to John/Jane Doe by publication, no later than 14 days prior to public hearing. The owner must prove their ownership by clear and convincing evidence.
(j) 
Any unclaimed property left for a period of 30 days following a public hearing, or property in which an unknown owner has not claimed by sufficient proof as determined by the Board, shall be deemed abandoned, and shall be auctioned at a public auction.
(k) 
The Board of the Trustees of the Freeholders and Commonalty of the Town of Southampton accept no responsibility for loss of or damages to the dinghy, personal watercraft or any personal property. Failure to follow these rules may lead to suspension pending hearing and revocation of the right to use the storage space.
D. 
Moorings shall be removed during the period of December 1 to April 1 (except aquaculture moorings). Any moorings not removed by December 1 may be removed by or at the direction of the Trustees or any duly authorized officer or agent thereof or by a Bay Constable or the Town, at the expense of the owner or person in charge of said mooring. The minimum fee for removal and impounding is $250.
E. 
Moorings shall not be installed prior to April 1 unless special written permission has been obtained in writing from the Bay Constables.
F. 
No iron posts, engine blocks, cement blocks, etc., are allowed. Moorings must be either wooden stakes or a mushroom anchor or pyramid anchor of a weight prescribed by the Bay Constable.
G. 
The maximum non-commercial/aquaculture mooring vessel size on the following water bodies shall be 26 feet:
Birch Creek
Davis Creek
Fish Cove
Fresh Pond (North Sea)
Goose Creek
Hubbard Creek
Ligonee Creek
Little Sebonac Creek (North Sea)
Mill Creek (Flanders)
Scallop Pond
Squires Pond
The maximum non-commercial/aquaculture vessel size on the following water bodies shall be 30 feet:
Bullhead Bay
Cold Spring Pond
Genets Creek
Mill Creek (Noyac)
Morris Cove
North Sea Harbor
Noyack Creek
Red Creek Pond
Reeves Bay
Sag Harbor Cove (in its entirety)
Staff Paynes Creek
West Neck Creek
Wooley Pond
H. 
Waitlist.
(1) 
If in the opinion of the Trustees a mooring field shall become overcrowded and a hazard to safety and navigation, the Trustees shall have the right to declare the water body closed to additional moorings, and to establish a waitlist for new moorings on that water body.
(2) 
If a mooring is not in use by the July 4th weekend, the mooring permit will be canceled at the discretion of the Town Trustees and available to the next person on the waitlist.
(3) 
The Town Trustees have declared that the following water bodies are hereby declared to be classified as water bodies that shall have a waitlist established:
(a) 
Red Creek.
(b) 
Mill Creek.
(c) 
Noyack Creek.
(d) 
Wooley Pond.
(e) 
Fresh Pond—North Sea.
I. 
Any person who has had his or her mooring permit revoked or canceled pursuant to Trustee regulations shall not be allowed to place his or her name or the name of any other person occupying the same residence on the waiting list for any of the "wait list areas" for three years following said revocation.
J. 
Only one mooring permit will be issued per household for moorings in "wait list areas." Permit holders may apply for a permit for a second smaller tender or dinghy on a stake mooring adjacent to the beach area for the sole purpose of accessing their primary mooring.
K. 
If said permit is canceled and/or revoked by the Town Trustees, the fees paid are not refundable.
L. 
Wooley Pond stake moorings installed and maintained by the Little Peconic Yacht Club are also subject to the following additional regulations:
(1) 
Residents only. These six stake moorings will only be available to resident/taxpayers who are also members of the LPYC. Proof of residency and LPYC membership is required.
(2) 
Each applicant must submit his or her own application, in his or her own name, along with proof of residency and boat registration. The regular mooring application fee shall apply.
(3) 
Due to the limited number of stake moorings, there shall be only one stake mooring per residential property, which includes corporations with multiple owners, such as LLCs. Additional owners may apply for a regular mushroom anchor- or pyramid anchor-mooring permit.
(4) 
Boats on pole (stake) moorings shall be limited in size to 23 feet and under, due to shallow water.
M. 
Noyack Creek stake moorings, at the foot of Maple Lane, are also subject to the following additional regulations:
(1) 
Residents only. Stake moorings will be available to resident/taxpayers only. Proof of residency is required.
(2) 
Each applicant must submit his or her own application, in his or her own name, along with proof of residency and boat registration. The regular mooring application fee shall apply.
(3) 
Stake size is limited to a maximum of four inches by four inches, untreated lumber only.
(4) 
Maximum number of mooring stakes permitted in Noyack Creek is seven.
(5) 
Due to the limited number of stake moorings, there shall be only one stake mooring permitted per residential property, which includes LLCs, corporate owners or multiple owners. Additional owners are permitted to apply for a regular mushroom anchor- or pyramid anchor-mooring permit.
(6) 
Boats on pole (stake) moorings shall be limited to 16 feet and under in size, due to shallow water.
N. 
North Sea Harbor; six stake moorings north of the boat launch ramp.
O. 
Any mooring permit holder in any of the "wait list areas" is required to notify the Bay Constables if his or her vessel is not placed on his or her mooring as required by Subsection H of this section or if his or her vessel is removed from the mooring prior to Labor Day. Reasons given for such nonplacement or early removal will be considered by the Trustees, who may cancel said permit at their discretion. Failure to make the above-described notification shall be grounds for permit cancellation.
P. 
The following rules apply to personal watercraft float moorings:
(1) 
There shall be only one personal watercraft per mooring permitted.
(2) 
There shall be permitted only one personal watercraft per personal watercraft float. Multiple personal watercraft floats are not allowed.
(3) 
Personal watercraft floats shall be stabilized like any other mooring, with one single mushroom anchor or pyramid anchor, which shall be deemed adequate by the Bay Constable. [The use of piles/poles/pipes is not allowed.]
(4) 
Personal watercraft floats must be equipped with a hand-crank winch to pull the personal watercraft up onto the float.
(5) 
Personal watercraft floats are limited in size to a maximum of six feet by 14 feet.
(6) 
The mooring permit number must be displayed on the float, utilizing contrasting numbers and letters.
Q. 
The following rules apply to commercial/aquaculture moorings (residents only):
(1) 
No mooring, spile or structure shall be placed in Town waters unless duly authorized by written permission of the Trustees. Permission shall be granted only to residents, taxpayers, freeholders and temporary residents. Permits for the installation of a mooring, spile or structure shall be granted to governmental authorities at the discretion of the Trustees.
(2) 
All permits issued for boat moorings are issued under the supervision of the Bay Constables and are good only for the person to whom issued and for the boat described on the permit. The permit number must be placed on the mooring.
(3) 
Fees for commercial/aquaculture moorings shall be established by a resolution duly adopted by the Board of Trustees.
(4) 
Mooring must be a mushroom anchor or pyramid anchor of a weight prescribed by the Bay Constables.
(5) 
No commercial/aquaculture mooring shall be issued for any vessel in excess of 40 feet maximum.
(6) 
The Town Trustees reserve the right to cancel or revoke the mooring permit at any time, at the discretion of the Trustees.
(7) 
If said permit is canceled, and/or revoked by Town Trustees, the fees paid are not refundable.
(8) 
There shall be no aquaculture activities in Cold Spring Pond on Sundays between Memorial Day and Labor Day of each year, including the repairing of aquaculture vessels.
A. 
No person shall use a trawl, scoop, net or similar device, while the same is attached or fastened in any manner to a boat, float or device, in order to pull, drag, shove, or move such device in a manner that disturbs, scrapes or moves any lands or the surface of any lands under any of the waters of the Town of Southampton. This regulation shall apply whether or not mechanical power is actually employed to move any such trawl, scoop or net.
B. 
Nothing contained in Subsection A herein shall be construed to apply to a bona fide dredging service while engaged in any work duly authorized by permit from the Trustees, to any bona fide haul seine not in excess of 1,250 feet in length, or to the taking of eels by a mechanically operated eel spear commonly known as an "eel dredge."
C. 
No person other than a resident, freeholder or taxpayer shall pull, drag, shove or move any device in such a manner so as to disturb any lands and the surface thereof under the waters of the Town of Southampton.
[Amended 11-21-2016; 10-15-2018; 6-16-2025]
A. 
Waterfowl hunting location permit required.
(1) 
No person shall cause, allow or permit the installation of a duck blind or decoy, or the anchoring of a boat, float or other structure or device, within the waters of the Town of Southampton for the purpose of shooting waterfowl or game, unless:
(a) 
Such person possesses a valid Town of Southampton Board of Trustees waterfowl hunting location permit; or
(b) 
Such person possesses a valid New York State hunting license with a federal migratory game bird stamp and is accompanied by a person possessing a valid waterfowl hunting location permit issued by the Town of Southampton Board of Trustees; or
(c) 
Such person is accompanied by a commercial waterfowl hunting guide who maintains a valid commercial waterfowl hunting guide permit issued by the Town of Southampton Board of Trustees.
(2) 
No person shall engage in the business of a guide for hire unless such person is a resident, taxpayer or freeholder of the Town of Southampton and maintains a valid New York State Department of Environmental Conservation guide license and a commercial waterfowl hunting guide permit issued by the Board of Trustees.
B. 
Permit requirements.
(1) 
A waterfowl hunting location permit applicant must submit proof of Town of Southampton residency or property ownership along with a current New York State hunting license that includes a current federal migratory game bird stamp, between August 1 and October 31 of each year.
(2) 
A waterfowl hunting location permit will be issued to residents, taxpayers or freeholders of the Town of Southampton free of charge only upon the recommendation of the Bay Constables and upon approval by the Board of Trustees.
C. 
Permit rules and regulations.
(1) 
All waterfowl hunters must follow all New York State Department of Environmental Conservation hunting laws.
(2) 
The transfer of a waterfowl hunting location permit is not permitted unless the transfer of such permit is approved by the Bay Constables and by resolution of the Board of Trustees.
(3) 
A permit holder shall not cause, allow or permit a hunting spot and/or a hunting location to be sold.
(4) 
The Board of Trustees shall not approve more than two hunting locations to any permit applicant.
(5) 
A waterfowl hunting location permit holder must install grass and have their duck blind ready to be used for hunting by no later than December 31 of each year. Prior to December 31 of each year, all permit holders must schedule a visual inspection of their duck boat and/or floating duck blind that is used in multiple locations by scheduling an inspection with the Town of Southampton Marine Patrol through the Town of Southampton Online Services portal that is accessed via the Town website located at: southamptontownny.gov.
(6) 
The installation of a duck blind must be in a location approved by the Bay Constables and the Board of Trustees.
(7) 
A permit holder must hunt in his or her approved hunting location or duck blind at least once each season.
(8) 
A duck blind may only be moved to a location that is approved by the Bay Constables and the Board of Trustees or to a transient area that is located in either Shinnecock Bay or Moriches Bay and that is at least 2,000 feet from the nearest shoreline and that is a minimum distance of 500 feet from all other hunters using the area on the same day. Use of a transient area will be on a first-come, first-served basis.
(9) 
The Bay Constable reserves the right to impound, at the owner's expense, any duck blind, shore blind, duck boat or other device that is not in compliance with the Rules and Regulations for the Management and Products of the Waters of the Town of Southampton. A minimum impound fee of $250 plus the cost of any specialized equipment used to remove the property from the area will be imposed before the property will be returned to the owner.
(10) 
Shore blinds must be constructed of non-chemically treated lumber. The installation of a shore blind may not cause destruction or damage to the wetlands. A shore blind may only be installed upon permission of the landowner.
(11) 
Stake blinds must be constructed of non-chemically treated lumber and shall only be installed in freshwater bodies.
(12) 
Duck blinds must be constructed of non-chemically treated lumber and shall be installed in a location that is a minimum of 500 feet from any adjacent blind in the direction of firing lines. However, duck blinds will not necessarily be allowed every 500 feet in every body of water in the Town. Traditional distances between blinds in any given body of water will be maintained as much as possible.
(13) 
A duck blind must display two placards bearing the waterfowl hunting location permit number. One placard shall be located on the back exterior of the blind and the other on the interior of the blind. A duck blind or duck boat located in, a transient area will not be required to display a placard.
(14) 
A duck blind located in a freshwater lake, pond or related water body shall not use phragmites and/or phragmite cuttings for dressing camouflage or related covering of said blind.
(15) 
A duck blind shall not be stored on a meadow or wetland or cause destruction of any wetland vegetation.
(16) 
No person shall distribute any type of food substance along the shoreline or in the waters of Southampton Town Trustee-owned bottomland, including both saltwater and freshwater, beginning 10 days prior to the opening of migratory waterfowl season until the official closing date of the season. Notwithstanding the foregoing, food substances may be distributed in municipal parks and established sanctuaries where residents typically go to feed the wildfowl year round. Nothing in this regulation shall be construed to limit the feeding of domesticated waterfowl by any person by whom such waterfowl is lawfully kept as a pet.
(a) 
Notwithstanding any of the above, the Board of Trustees may authorize the emergency feeding of waterfowl when in their opinion such action is necessary in order to alleviate undue losses and suffering of such birds due to unusual weather conditions or other circumstances.
(17) 
A waterfowl hunting location waiting list shall be maintained by the Board of Trustees.
(a) 
Applicants may not currently possess a waterfowl hunting location permit.
(b) 
Only one person per household may place his or her name on the waterfowl hunting location waiting list.
(18) 
A duck blind located in Mecox Bay must be removed from Mecox Bay (not including tributaries) no later than April 1 and may not be installed before October 1 of each year.
(19) 
Any person claiming a new, previously unknown hunting location that is subsequently approved by the Board of Trustees shall be removed from the waterfowl hunting location wait list.
(20) 
All blinds and waterfowl hunting locations shall be maintained in good condition, free of litter and debris, at all times.
D. 
Penalties.
(1) 
A violation of § 38 of the Rules and Regulations for the Management and Products of the Waters of the Town of Southampton shall be punishable as follows:
(a) 
Revocation of a waterfowl hunting location permit;
(b) 
Impound of any blind or similar structure;
(c) 
A violation of Southampton Town Code § 111-37.
(2) 
An appeal from revocation of a waterfowl hunting location permit may be taken by the permit holder to the Board of Trustees by written request, made within 30 days from the date of such revocation. The Board of Trustees shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and after such hearing shall make a decision either sustaining such permit revocation or reinstating such permit within 30 days after the close of such public hearing.
No eels, fluke, flounders or fish shall be taken from the bottom of or caught from the Town waters by the so-called eel dredge, or any mechanical device operated either by sail or power gas engine, or electric motor, between April 1 and November 1, both inclusive, in each year. During the permitted season, the taking of eels, fluke, flounder, or fish by said devices shall be restricted to residents, freeholders and taxpayers.
A. 
No person shall abandon any vessel in any of the waters of the Town of Southampton.
B. 
Any abandoned vessel shall be removed by the Trustees at the expense of the owners and shall be destroyed, or sold to defray any expenses in connection with the removal or salvage of any abandoned vessel. The term "abandoned vessel," as herein used, shall mean any boat or floating structure, whether seaworthy or wrecked, which shall be left anchored or unattended in the waters of the Town of Southampton for a period of 30 days.
C. 
Any deteriorated docks, bulkheading or pilings may be removed by the Trustees, at the expense of the owners.
D. 
The term "abandoned vessel," as herein used, shall mean any boat or floating structure, whether seaworthy or wrecked, which is left anchored or unattended in the waters of the Town of Southampton for a period of 30 days.
E. 
Notice of intention to remove or dispose of any abandoned vessel, deteriorated dock, bulkheading or pilings shall be given by mail to any known or reputed owner, at the last known address of said owner, and by publishing a notice of intention to remove and dispose of any abandoned vessel, deteriorated dock, bulkheading or pilings, in at least one newspaper published in the Town of Southampton, at least 10 days in advance of such removal and disposition.
F. 
At their option, the Trustees may elect to recover the costs of removal for any vessel, dock, bulkhead or piling by filing suit in a court of competent jurisdiction, or by submitting a bill for the costs to the Receiver of Taxes of the Town of Southampton for inclusion on and collection by the payment of real property taxes on any parcel owned by the vessel or structure's last known owner of record.
A. 
No person shall make an application for a permit to dam, open up or drain in any manner whatsoever any of the bays, ponds or streams within the boundaries of the Town of Southampton unless in possession of a permit to perform that specific activity issued by the New York State Department of Environmental Conservation.
B. 
The use of internal combustion engines for the propulsion of watercraft on freshwater ponds and streams in the Town of Southampton is prohibited.
[Amended 1-17-2018; 6-15-2020; 4-20-2026]
A. 
No dock or basin owned, controlled or operated by the Trustees shall be used by persons other than residents, freeholders or taxpayers of the Town of Southampton.
B. 
No person shall dock, tie up, moor or anchor any boat or floating structure to or within 50 feet of any dock owned, controlled or operated by the Trustees, for a period longer than two hours in any twenty-four-hour period, except for the purpose of making emergency repairs to machinery, or hull, for the purpose of rendering such boat or structure seaworthy, in order to permit the same to proceed to a place of permanent repairs. The docking period allowed for such emergency repairs shall not exceed five days. Notwithstanding the foregoing, nothing in this Subsection B shall apply to the following areas:
(1) 
Bay Avenue basin, Eastport.
(2) 
Baycrest Avenue dock, Westhampton.
(3) 
Old Fort Pond dock in Shinnecock Hills.
(4) 
Speonk-Shore Road basin, Remsenburg.
(5) 
Trustees commercial fishing basin at Road H, Hampton Bays.
(6) 
Wooley Pond dock in North Sea.
C. 
No person shall place any obstructions, or place, pile or store any nets, boxes, bait cars of fishing equipment, or any gear, whatsoever, upon any dock, wharf, pier or highway owned, controlled or operated by the Trustees.
D. 
No person(s) shall operate or park any vehicle whose gross weight is in excess of 10,000 pounds, upon any dock, wharf, pier or ramp maintained by the Town of Southampton or Board of Trustees, except for emergency vehicles on official business.
E. 
Trustee docking facilities; applicability; rules.
(1) 
Trustee residential docking facilities:
(a) 
Eastport dock and basin at Bay Avenue, Eastport.
(b) 
Old Fort Pond dock, Little Neck Road, Shinnecock Hills.
(c) 
Speonk Shore boat basin, Shore Road, Remsenburg.
(d) 
Wooley Pond dock in North Sea.
(2) 
The following rules shall apply to the Trustee residential docking facilities:
(a) 
Any vessel (motorized or not) that is moored, anchored or tied up at a Trustee residential docking facility must be currently registered with the New York State Department of Motor Vehicles to a Southampton Town resident, freeholder or taxpayer. Said resident, freeholder or taxpayer must be the principal operator of said vessel. Every vessel must properly display the assigned New York State registration number and current New York State validation sticker.
(b) 
No vessel shall be offered for sale at any of these facilities at any time.
(c) 
Overnighting, defined as any person occupying or using or remaining aboard any vessel for more than 1/2 of the time period between sunset and sunrise in any twenty-four-hour period, aboard any vessel moored, anchored or tied up at any Trustee residential docking facility is strictly prohibited. Sleeping aboard any vessel is strictly prohibited at all times.
(d) 
Parties, barbecues, fires or the consumption of alcoholic beverages on board any vessel while it is moored, anchored or tied up at any Trustee residential docking facility is strictly prohibited.
(e) 
No vessel in excess of 26 feet overall length shall be moored, anchored, or tied up at any Trustee residential docking facility.
(f) 
Every vessel moored, anchored or tied up at any of the Trustee docking facilities shall be assigned a slip or location by a method to be determined by the Trustees. In the event that the Trustees receive more applications for a given facility than allotable space, then the Trustees shall establish a waiting list for that facility.
(g) 
Each freeholder, taxpayer, or resident shall be limited to submitting only one application for only one vessel registered to him or her. Multiple applications for the same vessel, under different names, or any other willful attempt to manipulate this lottery will result in disqualification and forfeiture of entry into the lottery for a period of five years.
(h) 
Slip/location rentals shall be from April 15 through November 15 of each calendar year at a per-foot rate established by the Trustees. There shall be no fee imposed for vessels moored, anchored or tied up at any Trustee residential docking facility between December 1 and April 14 of two successive calendar years.
(i) 
Subleasing of slips/locations is strictly prohibited. Any person who ceases to use his or her assigned slip/location shall notify the Trustees, who will then lease the slip/location to the next eligible owner on the established waiting list, if one exists for the facility in question. There shall be no refund to the original lessee; however, any vessel owner assigned a slip/location from an established waiting list shall be permitted to pay a prorated fee as determined by the Trustees. Slip/location assignments are valid only for the vessel indicated on the Trustee application. Owners may exchange vessels during the course of a season only after notification to, and approval from, the Trustees.
(j) 
During the period from April 15 through November 15 the owner of every vessel moored, anchored or tied up at any of these facilities must have received a permit from the Trustees and prominently display the sticker issued by the Trustees at or behind the New York State registration numbers on the left side of the vessel's hull. Said sticker shall be issued by the Trustees upon receiving full payment for slip/location rentals.
(k) 
In the case of the Eastport Dock and Basin, seasonal (April through November) slips/locations will only be available after the tie-off poles have solidly set as determined by the Bay Constable each spring. The Trustees will make every attempt to have these tie-off poles in place prior to April 15 of each year. The Bay Constable may order the owner or person in charge of any vessel or other floating device moored, anchored or tied up during the off-season (December 1 through April 14) to remove it at any time prior to April 14 to allow Trustee personnel space and time to install seasonal tie-off poles. The owner or person in charge of said vessel or other floating device shall be allowed no more than three days from the time of said order to comply with same.
(l) 
No floating docks, duck blinds, eel cars, bait cars or unregistered floating devices shall be moored, anchored or tied up at any of these facilities at any time between April 15 and November 30 of each calendar year.
(m) 
Any vessel or other floating device moored, anchored or tied up at any of the aforementioned facilities at any time of the year shall be maintained in a seaworthy manner as determined by the Senior Bay Constable. It shall be the responsibility of every vessel owner or person in charge of any vessel to prevent the accumulations of water in it and to make every reasonable attempt to prevent the possibility of sinking.
(n) 
Any vessel or other item found in contradiction of any of the preceding Subsection E(2)(a) through (m) may be removed by, or at the directions of, the Trustees or any duly authorized officer or agent thereof or member of the Town Police or Bay Constable of the Town. Impound fees as described in § 111-15B of the Code of the Town of Southampton shall be imposed for all vessels. An impound fee as determined by the Trustees shall be imposed on any nonvessel items.
F. 
The following rules shall apply at the Trustees Commercial Basin located at Road H in Hampton Bays:
(1) 
Boat ownership. All vessels must be owned by a resident, freeholder, or taxpayer and must continue to be owned by the permit holder, partnership or corporation for the annual duration of the permit subject to the provisions of Subsection F(3), Transfer to immediate family, herein.
(2) 
Sales; transfers; vessel sinkings.
(a) 
Permit holders agree to notify the Board of Trustees of the Freeholders and Commonalty of the Town of Southampton ("Board of Trustees") in writing if they enter into a contract to sell, sell outright, or lose their vessel due to sinking.
(b) 
Where a permit holder sells the vessel for which a permit was issued or otherwise loses the vessel due to an accident, the slip shall not be deemed vacant if the permit holder provides written notification and a valid contract that another vessel will be acquired. The new vessel, however, must be of the same general size classification as the previous vessel in order to fit the slip.
(c) 
The permit holder shall have up to one year from the date of sale, or the sinking of the old vessel, to obtain a new vessel or give up the slip. The Board of Trustees reserves the right to assign said slip during the vacancy on a temporary basis to the next vessel on the waiting list for the slip. If no vessel will take the slip temporarily, then the permit holder shall be responsible for paying the appropriate dock fee in order to reserve the slip.
(d) 
A vessel using a temporary vacant slip does not jeopardize its place on any waiting lists for the next available slip.
(3) 
Transfer to immediate family.
(a) 
The permit holder shall be permitted to transfer ownership of the vessel to immediate family members and still keep the dockage permit. "Immediate family" shall be known for these purposes as husband, wife, son, daughter, grandson, granddaughter, father or mother. In addition, a permit holder may be permitted to transfer a vessel's title to a corporation or partnership without loss of the slip, provided said corporation or partnership is wholly owned or composed of by the original permit holder or members of his immediate family.
(b) 
A transfer of partnership interest or shares of stock to a person not an immediate family member shall constitute a prohibited transfer of ownership under these rules and regulations.
(4) 
Homeport.
(a) 
To be eligible for renewal of a slip, the applicant shall utilize the Town Trustee Commercial Fishing Basin at Road H slip as his homeport of operations. "Homeport" shall be defined for these purposes as the location where the vessel is based more than six months per year.
(b) 
The Board of Trustees shall be permitted to review all pertinent records of the applicant to determine homeport of the vessel should the Bay Constable's records show that the vessel has not been regularly using the facility.
(c) 
The Board of Trustees shall have the authority to waive or vary the six-month requirement upon showing extenuating circumstances or hardship.
(d) 
In the event an applicant fails to comply with the foregoing subsection, either by not docking for six or more months or by not producing documents at the request of the Board of Trustees, then the Board of Trustees shall have the right to revoke the applicant's slip permit.
(5) 
Permit fees.
(a) 
Permit fees for slips shall be made payable to the Board of Trustees of the Freeholders and Commonalty of the Town of Southampton on or before the first day of January by cash, certified check or money order, made payable to the Board of Trustees of the Freeholders and Commonalty of the Town of Southampton.
(b) 
Permit holders may pay their permit fees in no more than three installments in accordance with a schedule acceptable to the Board of Trustees. Any late payments shall also be accompanied by a late fee of $100.
(c) 
The dockage fee shall be based on the length of the vessel, measured from the farthest point on the bow to the farthest point on the stern. Said dockage fee shall be established by resolution duly adopted by the Board of Trustees and shall be increased accordingly at the time that metered electrical connections are provided by the Board of Trustees for each vessel. However, each permit holder shall be responsible for setting up separate individual accounts with LIPA for the use of electricity. Permit holders found using power from any other electrical hookup other than the one assigned to them risk revocation of their permit (LIPA forms included).
(d) 
It shall be the responsibility of the applicant to accurately provide the actual dimensions of his vessel.
(e) 
The Trustees reserve the right to change the permit fees at the time of renewal provided at least 30 days' written notice to the address listed by the applicant on the docking permit application.
(f) 
One-half of the permit fee may be refunded to the vessel owner should the vessel vacate the slip during the first half of the permit duration. No refunds will be given for vessels vacating slips during the second half of the year. All refund requests must be made in writing.
(6) 
Insurance.
(a) 
The Board of Trustees shall not be liable for any damage to property of the permit holder or his/her employees, or for the loss or damage to any property of the permit holder or his/her employees by theft or otherwise, or for any injury or damage to persons or property resulting from any cause whatsoever.
(b) 
The permit holder agrees to maintain, at his/her sole expense, hull/liability insurance in the amount of $500,000 in favor of the Board of Trustees, against claims for bodily injury and/or death and property damage, specifically sinking, occurring in or upon the marina. Such insurance shall be in effect from the date the permit holder receives the permit. The permit holder shall release and discharge the Board of Trustees from any and all responsibility or liability for injury (including death), loss, or damage to persons or property in connection with the Board of Trustees' docking facility or marina. This release and discharge shall cover, without limitation, any loss or damage resulting from the Town or Board of Trustees' employees parking, vandalism, theft, fire, hail, high/low tides, wind, collision, ice, rain or any other act of God.
(c) 
The permit holder shall indemnify and hold harmless the Board of Trustees against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which the Board of Trustees shall not be reimbursed by insurance, including, but not limited to, reasonable attorney fees paid, suffered or incurred as a result of any breach by the permit holder, his/her agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against the Board of Trustees by reason of any such claim, the permit holder shall, upon written notice from the Board of Trustees, and at the permit holder's expense, resist or defend such action or proceeding by counsel approved by the Board of Trustees in writing; such approval not to be unreasonably withheld.
(d) 
The permit holder shall not hold the Board of Trustees liable for any loss caused by any delay in launching, transporting or commissioning caused by weather or any other event beyond the control of the Board of Trustees.
(7) 
Slip assignments.
(a) 
Assigned slips shall be used only by the assigned vessel and shall not be sublet, assigned or transferred to any other party except as listed in Subsection F(2).
(b) 
Specific assignments of slips to permit holders will be determined by the Board of Trustees. The major criteria for slip assignments shall be length, draft and breadth of the vessel in order that it will fit in the slip and not damage the pilings or be a hazard to other vessels.
(c) 
Should a slip become available, remaining slip holders within the same size classifications, upon written request, may transfer to the available slip, subject to the approval of the Board of Trustees. If this transfer should preclude the next person on the waiting list from being accommodated a slip, it shall be denied. Should there be more than one remaining slip holder in the same size classification desiring to transfer to an available slip, the slip shall be allocated based on a lottery established by the Board of Trustees.
(8) 
Equipment storage. Storage of equipment is not allowed. The Board of Trustees shall have the authority to confiscate and remove any equipment stored or abandoned at this facility. Should continued disposal be needed, the cost of disposal may be reflected in the dock fees the next year for all slip holders. Bait, waste oil, garbage and flammable liquids are prohibited from storage areas or on the docks.
(9) 
Damage to the facility. Any damage done by the permit holder, his crew or vessel to any part of the facility or to another vessel shall be reported to the Bay Constable or the Board of Trustees immediately. Individual vessel owners may be held responsible for repairs needed due to negligence. Permit holders are prohibited from modifying any part of the facility or equipment provided by the Board of Trustees without the written consent of the Board of Trustees.
(10) 
Alcoholic beverages. The use/consumption of alcoholic beverages and illegal drugs is prohibited at the Town Trustee Commercial Fishing Basin at Road H. Violators will be prosecuted.
(11) 
Term of permit; renewal of slips. Slip permits shall be valid for one calendar year so long as the applicant is operating the commercial fishing vessel listed on the permits and complies with all rules and regulations relating to the operation of the fishing pier. In order to renew the permit, the applicant must completely fill out the proper registration form and return it to the Board of Trustees on or before December 31.
(12) 
The following information must accompany the renewal application:
(a) 
The original/current certificate of documentation.
(b) 
The required application fee.
(c) 
Certificate of insurance.
(13) 
Suspension; revocation of dock slip. The Board of Trustees shall have the right to inspect any documents, etc., needed to verify compliance with any or all sections of these rules and guidelines. Further, the Board of Trustees may revoke or suspend a permit for any reason upon 10 days' written notice to the address listed by the applicant on the docking permit application.
(14) 
Waitlist. Should the facility be full, applicants who meet the eligibility requirements noted below will be placed on a waiting list. This list will be maintained by date of application and size category of the vessel. Smaller vessels may be assigned larger slips until a small slip becomes available.
A. 
No person owning, chartering, operating or occupying a watercraft shall use it for living or sleeping purposes while moored in or upon Town waters, or at any dock or marina, for more than four consecutive days. The term "watercraft" shall mean any contrivance primarily used for transportation over water, whether or not capable of self-propulsion.
B. 
For the purpose of this subsection, "houseboat" shall mean a boat, barge or other craft equipped for use primarily as a dwelling as opposed to primarily used for transportation over the water. No person, corporation, firm, association, organization, owner or agent shall moor or anchor any houseboat within the waters of the Town of Southampton without first obtaining a permit from the Town Trustees; the permit shall be valid for 72 hours, and the fee therefor shall be determined by a resolution adopted by the Board of Trustees.
No person other than a resident or freeholder of the Town of Southampton shall place a trap of any kind or description, or any stake or device for the purpose of securing a trap, in the bottomlands of the waters of the Town of Southampton for the purpose of taking fur-bearing animals.
A. 
No person shall remove any grass or natural growth whatsoever, poison ivy being the only exception, from lands or property in the Town located on the ocean strand, between the ocean and any bay, canal, or inland body of water, or from any land within 200 feet of the north line of ocean beach in any portion of the Town which has no separation from the mainland by bay, canal or inland water, without prior written approval by the Director of Natural Resources of the Town of Southampton, subject to final approval by the Town Trustees.
B. 
No person shall remove, impair, damage or destroy any beach grasses or wetlands vegetation of any kind or place any spoil thereon or any other area of the Town of Southampton without prior written approval by the Director of Natural Resources of the Town of Southampton and the Board of Trustees.