A.
Shellfish may be taken from Town waters for commercial
purposes by a permanent resident over the age of 14 years upon first
obtaining a commercial shellfish permit therefor from the Town Clerk
of the Town of Southold.
(1)
Persons ages 12 and 13 can apply for a junior commercial
shellfish license which will allow them to catch half the commercial
limit. The junior commercial shellfish license will be at half the
cost of a commercial license. The parents or guardian of the applicant
for a junior commercial shellfish license must sign for the holder
of the junior license, making the parent or guardian responsible for
any violation incurred.
B.
Shellfish may be taken from Town waters by a nonresident
upon first obtaining a nonresident shellfish permit from the Town
Clerk of the Town of Southold.
C.
Shellfish may be taken from Town waters for noncommercial
purposes by a permanent resident or taxpayer upon first obtaining
a permanent resident or taxpayer's permit from the Town Clerk of the
Town of Southold. Such a permit shall be required for all persons
ages 10 and older. Persons under the age of 10 may take shellfish
only when accompanied by a valid permit-holder, and any shellfish
taken by such child shall count toward the maximum daily quantity
allowed in this chapter for such permit-holder.
D.
Shellfish may be taken from Town waters for noncommercial
purposes without obtaining a permit by a guest when accompanied by
a permanent resident in whose dwelling such guest occupies living
quarters, provided that such permanent resident is the holder of a
valid shellfish permit. Notwithstanding any other provisions of this
chapter, the quantity of shellfish taken by a guest or guests shall
be added to the quantity taken by the permanent resident accompanying
the guest or guests, and the total amount thereof shall not exceed,
in the aggregate, the maximum daily quantity prescribed in this chapter
for such permanent resident.
E.
Except as set forth herein, no person shall take shellfish
in any manner at any time from Town waters without a permit issued
pursuant to this chapter.
F.
The possession of shellfish in excess of the limits,
or of less size than that, set forth in this chapter, in the waters
of the Town of Southold, shall be deemed presumptive evidence of a
violation of this chapter.
A.
The fee for a commercial shellfish permit shall be
set from time to time by resolution of the Town Board, upon recommendation
by the Board of Trustees. Such permit shall expire on December 31
of the year of its issuance.
B.
The fee for a nonresident shellfish permit shall be
set from time to time by resolution of the Town Board, upon recommendation
by the Board of Trustees. The nonresident permit shall expire on September
15 of the year of its issuance.
C.
The fee for a noncommercial permanent resident or
taxpayer shellfish permit shall be $5. Such permit shall expire on
December 31 of the year of issuance. There shall be no fee for a permanent
resident who has attained the age of 62 years.
D.
The holder of a shellfish permit shall carry the permit
assigned to him or her on his or her person while engaged in the permitted
activities, and the failure of such holders to exhibit their permit
to an enforcement officer shall be presumptive evidence that no valid
permit has been issued to him or her.
A.
Scallop season for residents and nonresidents shall
be set pursuant to New York State, as adopted by Board of Trustee
resolution.
B.
Subject to the provisions of this section, during
the first two weeks of scallop season, harvesting in Town waters shall
be by hand or with a scalp net only. During the first two weeks of
scallop season, harvesting in Town waters shall be open to all permit
holders, for the noncommercial limits set forth herein.
C.
Except as set forth above, during the commercial scallop
season, scallops may be taken from Town waters with a dredge having
an opening at the mouth of not more than 36 inches in width when towed
by a boat operated by mechanical power or other means, provided that
such dredge is brought aboard the boat by hand power without the use
of a mechanical device.
D.
Subject to the provisions of this section, a permanent
resident, a taxpayer, a nonresident or a guest, accompanied by a permanent
resident, may take from Town waters not more than 1/2 bushel of scallops
for noncommercial purposes in any one day by any one person. Two or
more persons occupying the same boat may take, in the aggregate, not
more than two bushels of scallops in one day for noncommercial purposes.
E.
Subject to the provisions of this section, not more
than five bushels of scallops may be taken from Town waters for commercial
purposes in any one day by any one person. Two or more persons occupying
the same boat may take, in the aggregate, not more than 10 bushels
of scallops in one day for commercial purposes.
F.
Scallops shall not be taken from Town waters during
the period from sunset to sunrise.
G.
Scallops shall not be taken from Town waters on Sundays
by uses of dredge or other power device.
H.
Scallops having an annual growth line and measuring
not less than 2 1/4 inches from the middle of the hinge to the
middle of the bill may be taken from Town waters only by resolution
of the Southold Town Board of Trustees.
A.
Hard clams less than one inch in thickness shall not be contained and shall be subject to the requirements set forth in § 219-14A.
B.
Soft or steamer clams less than two inches in the longest diameter shall not be contained and shall be subject to the requirements set forth in § 219-14A.
C.
Churning by power may not be employed in the taking
of clams in Town waters.
[Amended 1-17-2012 by L.L. No. 2-2012]
D.
A permanent resident, a taxpayer, a nonresident or
a guest accompanied by a permanent resident may contain not more than
100 hard clams and 100 soft clams from Town waters in one day for
noncommercial purposes.
E.
Not more than 2,000 hard clams may be taken from Town
waters for commercial purposes in any one day by any one person. Two
or more persons occupying the same boat may take, in aggregate, not
more than 4,000 hard clams in one day for commercial purposes.
A.
Oysters shall not be taken from Town waters during the period from May 1 to August 31 in each year, both dates inclusive, and shall be subject to the requirements of § 219-14A.
B.
Oysters shall not be taken from Town waters during
the period from sunset to sunrise.
C.
Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters, and shall be subject to the requirements of § 219-14A.
D.
A permanent resident, a taxpayer, a nonresident or
a guest accompanied by a permanent resident may take not more than
1/2 bushel of oysters from Town Waters for noncommercial purposes
in any one day by any one person. Two or more persons occupying the
same boat may take, in the aggregate, not more than one bushel of
oysters from Town Waters in one day for noncommercial purposes.
E.
Not more than 2,000 oysters may be contained or taken
from Town Waters for commercial purposes in any one day by any one
person. Two or more persons occupying the same boat may take, in aggregate,
not more than 4,000 oysters in one day from Town waters for commercial
purposes.
