In order to conserve and enhance the abundance of shellfish
populations in the Great South Bay, the Town Board finds it is necessary,
upon the request of a private property owner, to prohibit the taking
of shellfish and designate such underwater lands within the Great
South Bay a "management area." It is, therefore, the Town Board's
express intent and purpose to supersede, by this section, pursuant
to Municipal Home Rule Law § 10.1(i) and § 10.1(ii)d.(3)
and Statute of Local Governments § 10.1 of the State of
New York, to the extent necessary, the provisions of Town Law § 130.18.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.