[Added 4-16-2002 by L.L. No. 2-2002, effective 4-25-2002; amended 9-7-2004 by L.L. No. 24-2004, effective 9-13-2004; 9-7-2004 by L.L. No. 25-2004, effective 9-13-2004; 5-28-2009 by L.L. No. 13-2009, effective 6-5-2009; 1-24-2017 by L.L. No. 2-2017, effective 2-6-2017; 9-18-2023 by L.L. No. 7-2023, effective 10-2-2023]
A. 
Management areas and the boundaries of such management areas shall be designated and established by local law adopted by the Town Board of the Town of Brookhaven.
(1) 
All management areas and boundaries of such management areas are as set forth and described in Exhibit A.[1]
B. 
Implementation of management areas. After adoption of such local law designating a management area, the Director of the Division of Environmental Protection shall:
(1) 
Prepare a written description of all designated management areas together with a map delineating such areas. The written description and map shall be posted in the office of the Division of Environmental Protection, the office of the Town Clerk and the office of the Department of Public Safety.
(2) 
Publish the written description of any designated management areas in at least one local newspaper immediately after the adoption of a local law designating any management area.
(3) 
A written description and map of each designated management area shall be forwarded to:
(a) 
The Town Clerk of the Town of Islip;
(b) 
The Suffolk County Police Department Marine Bureau;
(c) 
The New York State Department of Environmental Conservation, Region I.
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.
A. 
Winter grounds and the boundaries of such winter grounds shall be designated and established by local law adopted by the Town Board of the Town of Brookhaven.
(1) 
All winter grounds and boundaries of such winter grounds are as set forth and described in Exhibit B.[1]
B. 
Any designated winter grounds area shall be closed to all manner of shellfishing commencing at sunset on March 31 to sunrise on the first Monday in October of each year.
C. 
Implementation of winter grounds areas. After adoption of such local law designating a winter grounds, the Director of the Division of Environmental Protection shall:
(1) 
Prepare a written description of all designated winter grounds areas together with a map delineating such areas. The written description and map shall be posted in the office of the Division of Environmental Protection, the office of the Town Clerk and the office of the Department of Public Safety.
(2) 
Publish the written description of any designated winter grounds in at least one local newspaper immediately after the adoption of a local law designating a winter grounds.
(3) 
A written description and map of each designated winter grounds area shall be forwarded to:
(a) 
The Town Clerk of the Town of Islip;
(b) 
The Suffolk County Police Department Marine Bureau;
(c) 
The New York State Department of Environmental Conservation, Region I.
A. 
Razor clam churning areas and the boundaries of such churning areas shall be designated and established by local law adopted by the Town Board of the Town of Brookhaven.
(1) 
All churning areas and boundaries of such churning areas are as set forth and described in Exhibit C.[1]
B. 
Implementation of churning areas. After adoption of such local law designating the churning areas, the Commissioner of the Department of Planning, Environment and Land Management, or a designee thereof, shall:
(1) 
Prepare a written description of all designated churning areas together with a map delineating such areas. The written description and map shall be posted in the office of the Division of Environmental Protection, the office of the Town Clerk and the office of the Department of Public Safety.
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.