[HISTORY: Adopted by the Town Board of the Town of Islip 9-22-64; amended in its entirety 8-19-80. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Issuance of licenses and permits — See Ch. 31.
Trawling and eel dredging — See Ch. 56.
This chapter shall be known as the "Shellfish Ordinance of the Town of Islip."
For the purposes of this chapter, the following words and phrases shall have the meanings indicated:
CERTIFIED AREA
An area designated by the New York State Department of Environmental Conservation to be in such sanitary condition that shellfish therein may be taken for use as food.
MANAGEMENT AREA
An area set aside by the Town Board for the conservation, preservation, protection, rehabilitation, seeding and/or growth of shellfish.
NIGHT
The period between sunset and sunrise.
RESIDENT
A person who has his or her principal place of abode in the Town of Islip and/or a person who owns real property in the Town of Islip.
SHELLFISH
Includes all types and varieties of oysters; Crassostrea virginica, mussels, scallops; Pectin irradians, hard clams; Mercenaria mercenaria, soft clams; Mya arenaria; and any combination thereof.
TAKING
Includes the actual removal of shellfish from Town lands underwater and/or the area above Town lands underwater and all lesser acts, such as attempting to remove shellfish, disturbing shellfish and using any implement or device to remove shellfish, regardless of whether such acts result in the removal of shellfish.
TOWN LANDS UNDERWATER
Includes all land underwater in and owned by the Town of Islip except land underwater leased by the Town to others for shellfish cultivation.
UNCERTIFIED AREA
An area designated by the New York State Department of Environmental Conservation to be in such unsanitary condition that shellfish therein may not be taken for use as food.
No person shall take shellfish from Town lands underwater unless such person has obtained a permit therefor as prescribed by this chapter.
A. 
A resident of the Town of Brookhaven who has duly obtained a permit for the taking of shellfish from lands underwater in and owned by the Town of Brookhaven, in accordance with the Town of Brookhaven Shellfish Law, may take shellfish from Town lands underwater which have not been designated by the Town Board as open only to residents of the Town of Islip.
B. 
A resident of the Town of Brookhaven desiring to avail himself of the privileges hereinbefore stated shall display evidence of the permit issued to him by the Town of Brookhaven, in conspicuous places, either upon his person or the vessel used in taking.
C. 
A resident of the Town of Babylon who has duly obtained a permit for the taking of shellfish from lands underwater in and owned by the Town of Babylon, in accordance with the Town of Babylon Shellfish Ordinance, may take shellfish from Town lands underwater, which have not been designated by the Town Board as open only to residents of the Town of Islip.
D. 
A resident of the Town of Babylon desiring to avail himself of the privileges hereinbefore stated shall display evidence of the permit issued to him by the Town of Babylon, in conspicuous places, either upon his person or the vessel used in taking.
[Amended 5-5-1981; 11-18-1986]
A. 
Personal permit. A personal permit shall allow the person to whom it is issued to take shellfish from Town lands underwater, for the personal or family use of such person only, in an amount permitted under § 44-10, by use of feet, hands or a rake with a head no wider than 14 inches measured perpendicularly to the tines and a straight handle no longer than 10 feet, except that a person to whom a personal permit has been issued, may take scallops by any means permitted by § 44-9.
[Amended 6-19-2012]
B. 
Commercial permit. A commercial permit shall allow the person to whom it is issued to take shellfish, except hard clams (Mercenaria mercenaria), from Town lands underwater for any purpose by any means permitted by § 44-9.
[Amended 1-26-2010; 12-13-2011; 6-19-2012]
C. 
Commercial permit hard clam endorsement. A hard clam endorsement shall allow the person to whom it is issued to harvest no more than 2,000 hard clams (Mercenaria mercenaria) per day, in addition to other shellfish harvested in accordance with the provisions herein.
[Added 1-26-2010;[1] amended 12-13-2011; 6-19-2012]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections C, D and E as Subsections D, E and F, respectively.
D. 
Senior citizen personal permit. A senior citizen personal permit shall be issued to any applicant for a personal permit, aged 60 years or older. A senior citizen permit shall allow the person to whom it is issued to take shellfish from Town lands underwater for any purpose by any means permitted by § 44-9.
E. 
The Town Clerk shall not issue more then one type of permit to any person, nor shall the Town Clerk issue a personal permit or a senior citizen personal permit to any person holding a New York State commercial permit.
F. 
No person shall hold more than one type of permit at a time. A person to whom a New York State commercial permit has been issued shall not have a personal permit or a senior citizen personal permit at the same time.
A. 
Permits shall be issued to residents only.
B. 
Each permit application shall be made in duplicate, in writing, on the form prescribed by the Town Clerk and shall include the applicant's name, residence, mailing address, date of birth, weight, height, color of hair and eyes, signature and all other information requested by the Town Clerk.
C. 
An application for a permit for a person under the age of 17 years shall be cosigned by that person's parent or guardian.
D. 
Prior to the issuance of a permit, the Town Clerk shall be satisfied as to the identification and residency of the applicant.
E. 
Each permit application shall be accompanied by the appropriate fee:
[Amended 6-19-2012]
(1) 
Personal permit: $5, except that there shall be no fee for a persons 60 years of age or older, or for any person serving in the United States Military.
(2) 
Commercial permit: $75, except that the fee shall be $25 for persons 60 years of age or older, or for any person serving in the United States Military.
F. 
Each commercial permit application shall be accompanied by the applicant's New York State Department of Environmental Conservation permit.
G. 
Each commercial permit application shall be accompanied by three full-face photos of the applicant taken within two months prior to the application date.
[Amended 5-5-1981]
H. 
The number of commercial permit hard clam endorsements issued by the Town Clerk in any one year shall be limited to an annual cap of 50. The annual cap may be adjusted to reflect changes in the health of the hard clam population based on the results of the most recent population surveys and harvest statistics available for Town waters and set, on a biyearly basis, by Town Board resolution and proper publication of notice thereof.
[Added 1-26-2010;[1] amended 3-2-2010; 12-13-2011; 6-19-2012]
(1) 
An individual interested in obtaining a commercial permit hard clam endorsement shall annually apply to the Town Clerk before March 1. Commercial permit hard clam endorsements will be issued only to those individuals who provide documentation demonstrating compliance with one of the following:
(a) 
The applicant was issued and held in good standing a commercial permit hard clam endorsement in the previous year; or
(b) 
The applicant was issued a commercial shellfish harvester permit during any consecutive five-year period while maintaining residency in the Townships of Islip, Babylon or Brookhaven; or
(c) 
The applicant was eligible for a commercial permit hard clam endorsement in the previous year but was unable to apply due to active-duty military service; or
(d) 
The applicant is age 60 or older at the time of application.
(2) 
Those individuals who do not fall into § 44-6H(1) will be issued a commercial permit hard clam endorsement based solely on availability and will be placed on a waiting list. If, by the end of the annual renewal period as determined by the Town Clerk, there are sufficient commercial permit hard clam endorsements remaining under the cap, all individuals on the waiting list shall be issued a commercial permit hard clam endorsement based upon the applicant's position on the waiting list.
(3) 
All commercial permit hard clam endorsement holders shall maintain monthly summary reports of their harvest activities. This report shall include daily dated entries indicating quantities of harvested hard clams by market size category, the harvest date, an identification of the areas from which the shellfish were harvested, as required to be recorded under New York State Department of Environmental Conservation regulation Chapter 1, § 42.7.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection H as Subsection I.
I. 
The Town Clerk may refuse to issue a permit pursuant to the rules set forth in § 44-24G.
[Added 5-3-1983]
A. 
Each permit shall be in the form prescribed by the Town Clerk and shall contain the matters set forth upon the application.
B. 
The original application shall be filed in the Town Clerk's office, and the duplicate application shall be filed in the Harbormaster's office.
C. 
A person to whom a permit has been issued shall not transfer, assign or allow any other person to use the permit.
D. 
No person shall use, display or possess a permit issued to another person.
[Amended 5-5-1981]
E. 
A person engaged in taking shellfish from Town lands underwater shall locate his permit so that it shall be prominently displayed and clearly visible.
[Amended 5-5-1981]
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F, Temporary permit, added 12-16-1980, was repealed 6-19-2012.
G. 
A person whose permit or display card is lost or stolen shall report same to the Town Clerk's office immediately.
[Added 5-5-1981]
A. 
Each permit and endorsement shall be valid from the date of issuance and, unless sooner voided, suspended or revoked, shall expire on the 31st day of December of the same calendar year in which it is issued.
[Amended 3-2-2010]
B. 
A permit shall expire immediately when the person to whom it is issued ceases to be a resident.
[Amended 5-5-1981]
[Amended 5-5-1981; 3-2-2010]
A. 
Oysters and mussels. Oysters and mussels shall be taken from Town lands underwater by means of tongs or rakes, without supplementary mechanical power.
B. 
Hard clams.
(1) 
No person shall take any hard clams for commercial purposes from Town lands underwater within the Great South Bay unless that person is in possession of a commercial permit hard clam endorsement.
[Amended 12-13-2011; 6-19-2012]
(2) 
No implement or device shall be used in taking hard clams from Town lands underwater except:
(a) 
Tongs without supplementary mechanical power and having not less than one inch of clear space between teeth and between the teeth and the basket.
(b) 
Rakes without mechanical power and having not less than one inch of clear space between teeth and between the teeth and the basket.
C. 
No wire netting or other substance shall be used in the basket of any implement used to take shellfish except as otherwise provided herein.
D. 
No person shall use any type of dredge to take shellfish from Town lands underwater, except as provided herein.
E. 
Bay scallops may be taken with a dredge or scrape having an opening at the mouth not to exceed 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or scrape is brought aboard by hand power without the use of a mechanical device or by use of hands, feet or a hand net.
F. 
The Town shall recognize the rights granted to an individual who is in possession of a vessel endorsement as authorized under New York Environmental Law § 13-0311.
[Added 6-19-2012]
A. 
No unauthorized person shall take shellfish from an uncertified area.
B. 
No person shall take shellfish from Town lands underwater or from land underwater leased by the Town to others for shellfish cultivation during the night.
C. 
A person to whom a personal permit is issued shall not take more than 100 total shellfish per day.
[Amended 5-5-1981; 6-19-2012]
D. 
A person to whom a commercial permit is issued shall not take shellfish from Town lands underwater on Sunday.
A. 
No shellfish of less than the following sizes shall be taken, bought, sold or possessed within the Town of Islip:
(1) 
Hard clams: No more than 3% of each bushel, package or other container shall consist of clams less than one inch (2.54 centimeters) in thickness.
(2) 
Oysters: No more than 5% of any bushel, package or container shall consist of oysters less than three inches (7.62 centimeters) measured at the longest diameter. The size limit shall not apply to oysters transplanted or cultured under permit from the New York State Department of Environmental Conservation, subject to the provisions of §§ 13-0316, 13-0319 and 13-0321 of the New York State Environmental Conservation Law.
[Amended 6-19-2012]
(3) 
Bay scallops. No more than 2% of each bushel, package or other container shall consist of scallops which do not have an annual growth line or that measure less than 2 1/4 inches (5.715 centimeters) from the middle of the hinge to the middle of the bill.
[Amended 5-5-1981; 6-19-2012]
(4) 
Soft clams or steamers: not less than 1 1/2 inches (3.81 centimeters) in the longest dimension.
B. 
A person who takes the shellfish which are smaller than the required shall immediately return such shellfish to the location from which they were taken.
C. 
Shellfish shall be sorted as to size in the immediate area from which they are taken and as soon as possible after they are taken.
D. 
All devices used to sort shellfish as to size, including but not limited to cull racks, shall have no less than one inch (2.54 centimeters) of space between bars. Such device shall be designed and affixed to the vessel in such a manner as to allow shellfish to pass through the cull bars to fall directly and unimpaired to the water from which they were taken.
[Amended 3-2-2010]
E. 
Those engaged in the taking of hard clams with tongs shall have no more than three bushels of bay cull (shellfish and assorted bottom material unavoidably taken during harvesting) on board at any time, and shall have none on board while underway.
[Added 3-2-2010]
A. 
Oysters.
(1) 
No oysters or oyster sets shall be taken from Town lands underwater from May 15 to August 31, both inclusive, in any year.
(2) 
A person who takes oysters from Town lands underwater out of season shall immediately return such oysters.
B. 
Scallops.
(1) 
Scallops shall be taken from Town lands underwater during the period form the first Monday in November through March 31, both inclusive, of each year.
[Amended 5-5-1981; 6-19-2012]
(2) 
A person who takes scallops from Town lands underwater out of season shall immediately return such scallops.
[Amended 5-5-1981]
A. 
A person to whom a commercial permit has been issued shall not take more than 10 bushels of bay scallops from Town lands underwater per day.
B. 
Two or more persons to whom commercial permits have been issued and who are utilizing the same vessel concurrently shall not take more than 20 bushels of bay scallops per vessel per day.
[Amended 5-5-1981]
No beam trawls or otter trawls shall be used in any of the waters of the Town of Islip.
A. 
The Town Board may, in its discretion, designate any portion of Town lands underwater a management area.
B. 
An uncertified area shall be a management area.
C. 
The Commissioner of Environmental Control may prohibit, restrict and regulate the taking of shellfish from a management area. In making a determination whether to prohibit, restrict or regulate the taking of shellfish from a management area, the Commissioner of Environmental Control shall give due consideration to the following:
(1) 
Whether the shellfish in the management area have been sufficiently purified to be suitable as food for human consumption;
(2) 
Whether the first spawning period has passed for the shellfish in the management area; and
(3) 
Whether a minimum quantity of shellfish is available within the management area for spawning until such time as desired quantities of shellfish are maintained.
D. 
A description of each management area and all prohibitions, restrictions and regulations with regard to the taking of shellfish from a management area shall be posted in the office of the Town Clerk and all Town marinas.
E. 
No person shall violate the Commissioner of Environmental Control's prohibitions, restrictions or regulations with regard to the taking of shellfish from a management area.
A. 
No person shall take, interfere with or otherwise disturb shellfish possessed, planted or cultivated by another.
B. 
No person shall remove stakes, buoys or other devices used to mark land under water leased by the Town to another for shellfish cultivation, a management area or Town lands under water.
C. 
No person shall place any device used to take shellfish on or in water above land under water leased by the Town to another for shellfish cultivation.
[Amended 5-5-1981]
No person shall buy, sell, possess or otherwise deal with shellfish for commercial purposes unless such person has obtained a commercial buyer's permit or buyer's helper permit as prescribed by this chapter.
A. 
Each commercial buyer's permit application shall be made in duplicate, in writing, on the form prescribed by the Town Clerk and shall include the applicant's name; residence; mailing address; date of birth; weight; height; color of hair and eyes; signature; the description, license plate number and name and address of the owner of each motor vehicle to be used by the applicant in dealing with shellfish for commercial purposes; and all other information requested by the Town Clerk.
B. 
Each commercial buyer's permit application shall be accompanied by a fee of $300.
C. 
Each commercial buyer's permit application shall be accompanied by a New York State Department of Environmental Conservation permit authorizing the applicant to deal with shellfish for commercial purposes.
D. 
The Town Clerk shall issue to each person to whom a commercial buyer's permit is issued one decal for each motor vehicle to be used by such person in dealing with shellfish for commercial purposes.
A. 
Each buyer's helper permit application shall be made in duplicate, in writing, on the form prescribed by the Town Clerk and shall include the applicant's name, residence, mailing address, date of birth, weight, height, color of hair and eyes, signature, name and address of the applicant's employer and all other information requested by the Town Clerk.
B. 
Each buyer's helper permit application shall be accompanied by a fee of $50.
C. 
Each buyer's helper permit application shall be accompanied by the applicant's employer's commercial buyer's permit.
A. 
Each commercial buyer's permit and buyer's helper permit shall be in the form prescribed by the Town Clerk and shall contain the matters set forth upon the application.
B. 
The original application shall be filed in the Town Clerk's office, and the duplicate application shall be filed in the Harbormaster's office.
C. 
A person or entity to whom a commercial buyer's permit or buyer's helper permit has been issued shall not transfer, assign or allow any other person or entity to use the permit.
D. 
No person or entity shall use a commercial buyer's permit or buyer's helper permit issued to another person or entity.
E. 
A commercial buyer's permit or buyer's helper permit shall be carried by a person dealing with shellfish for commercial purposes.
F. 
A decal issued with a commercial buyer's permit shall be prominently displayed and clearly visible on the motor vehicle for which such decal is issued.
Each commercial buyer's permit and buyer's helper permit shall be valid from the date of issuance and, unless sooner voided, suspended or revoked, shall expire on the 31st day of December next ensuing.
A. 
No person shall deal with shellfish for commercial purposes on property owned by the Town, during the period commencing 1/2 hour after sunset and ending at sunrise.
[Amended 5-5-1981]
B. 
A person dealing with shellfish for commercial purposes shall be in possession of a device for the sorting of shellfish as to size; such device shall have openings of not less than one inch (2.54 centimeters).
C. 
No person shall buy or otherwise receive shellfish for commercial purposes from a person who has not obtained a Town of Islip commercial permit, Town of Islip commercial buyer's permit or Town of Islip buyer's helper permit.
D. 
No person shall sell or otherwise transfer shellfish for commercial purposes to a person who has not obtained a commercial buyer's permit, buyer's helper permit or New York State Department of Environmental Conservation permit authorizing the person to whom it is issued to deal with shellfish for commercial purposes.
[Amended 8-30-1983]
Starfish, drills, periwinkles and whelks, when taken, shall not be returned alive to Town lands underwater.
A. 
Any person convicted of taking shellfish without a permit as required by § 44-3 or dealing with shellfish for commercial purposes without a permit as required by § 44-17 shall be guilty of a violation and punishable as follows:
[Amended 6-19-2012]
(1) 
For a first conviction: by a fine of not less than $200 nor more than $500.
(2) 
For a second or subsequent conviction within five years of a previous conviction for a like offense: by a fine of $1,000.
B. 
Any person convicted of taking shellfish on Sunday in violation of § 44-10D shall be guilty of a violation and punishable as follows:
(1) 
For a first conviction: by a fine of not less than $50 nor more than $250.
(2) 
For a second or subsequent conviction within five years of a previous conviction for a like offense: by a fine of not less than $250 nor more than $500.
C. 
Any person convicted of taking shellfish from an uncertified area in violation of § 44-10A or violating prohibitions, restrictions or regulations with regard to taking shellfish from a management area in violation of § 44-15E shall be guilty of the following:
(1) 
A violation for a first conviction, punishable by a fine of not less than $250 nor more than $500 or by imprisonment for not less than three months nor more than one year, or by both such fine and imprisonment.
(2) 
A misdemeanor for a second or subsequent conviction within five years of a previous conviction for a like offense, punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment.
D. 
Any person convicted of taking shellfish from Town lands underwater during the night in violation of § 44-10B or dealing with shellfish for commercial purposes on property owned by the Town during the night in violation of § 44-22A shall be guilty of the following:
(1) 
A violation for a first conviction, punishable by a fine of not less than $100 nor more than $500 or by imprisonment for not less than two months nor more than one year, or by both such fine and imprisonment.
(2) 
A misdemeanor for a second or subsequent conviction within five years of a previous conviction for a like offense, punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment.
E. 
Any person convicted of taking shellfish by other than permitted means in violation of § 44-9 shall be guilty of a misdemeanor and punishable as follows:
(1) 
For a first conviction: by a fine of not less than $500 nor more than $750 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment.
(2) 
For a second or subsequent conviction within five years of a previous conviction for a like offense: by a fine of not less than $800 nor more than $1,000 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment.
F. 
Any person convicted of violating any provisions of this chapter, except as otherwise provided in § 44-24A, B, C or D shall be guilty of the following:
(1) 
A violation for a first conviction, punishable by a fine of not less than $50 nor more than $200.
(2) 
A misdemeanor for a second or subsequent conviction within five years of a previous conviction for a like offense, punishable by a fine of not less than $200 nor more than $400 or by imprisonment for not less than three months nor more than six months, or by both such fine and imprisonment.
G. 
The Town Clerk, upon recommendation of the Commissioner of the Department of Environmental Control, may refuse to issue a permit or may suspend or revoke any permit issued under this chapter to any person convicted of one or more violations of this chapter or of any person convicted of a crime or of any partnership where any partner has been convicted of one or more violations of this chapter or convicted of a crime or of any corporation if any person having an interest in the corporation is convicted of one or more violations of this chapter or convicted of a crime.
[Amended 5-3-1983; 6-19-2012]
A. 
Any peace or police officer shall have the power to seize as evidence without a warrant, any rake, tong, dredge or device other than a boat or vehicle, which he has cause to believe is being used or is possessed for the taking of shellfish in violation of the Town Shellfish Ordinance, provided that Subsection C requirements are fulfilled.
[Amended 5-5-1981]
B. 
Any peace or police officer shall have the power to seize without a warrant for conservation, health or evidentiary purposes, any shellfish taken or possessed in violation of the Town Shellfish Ordinance, provided that Subsection C requirements are fulfilled:
[Amended 5-5-1981]
(1) 
Shellfish seized for conservation purposes shall be returned to the bay.
(2) 
Shellfish seized for health or evidentiary purposes shall be dealt with as provided in Subsection D.
C. 
Seizures of shellfish and devices without a warrant are allowable, provided that there is not ample opportunity to obtain a warrant or when seizure of such shellfish or devices is reasonable to prevent their concealment or destruction. Ample opportunity includes advance knowledge of the existence and precise location of the shellfish or devices to be seized.
D. 
Any peace or police officer shall have the power to retain custody of and provide for the safekeeping of anything seized as provided in Subsection A or B, as he deems appropriate, subject to the regulations of the Town, and subject to an order of any court having jurisdiction, until a determination of any prosecution arising from the violation or alleged violation with respect to which they are evidence.
[Amended 5-5-1981]
A. 
Should the defendant be found guilty in any prosecution, civil or criminal, of a violation of any provision of this chapter, the defendant's interest in any and all shellfish rakes, tongs, dredges or devices, other than a boat or vehicle, taken or used for the purpose of taking shellfish in violation of such provision, shall be forfeited to the Town. Unless a claim of ownership of such device shall be made to the Town by some other person within 30 days thereafter and shall be established by order of a court or to the satisfaction of the Town, such device shall be disposed of as the Town shall direct.
B. 
Claim of ownership.
(1) 
For the purposes of this section a "claim of ownership" shall mean any lawful interest, including a part interest or security interest.
(2) 
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 exclusive 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 a claim of ownership shall not, in any event, prevent such revesting in the Town if the Town shall establish that the illegal use or possession of which the defendant is held liable or found guilty was expressly or impliedly permitted by the person establishing the claim of ownership.
(3) 
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 the property if the Town shall establish that the illegal use or possession of such property, in the manner or for the purposes or in the circumstances making such use or possession illegal, was expressly or impliedly permitted by the person establishing such claim of ownership.
(4) 
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 Town. If a person establishing a claim of ownership shall fail to purchase or redeem the interest of the defendant within the time provided in this subsection, or such longer time as may be provided by order of the court or agreement of the Town, he shall be deemed to have abandoned his claim of ownership, and the property may be disposed of as if no such claim had been asserted.
(5) 
A person asserting a claim of ownership as provided in this section shall have the burden of proof.
(6) 
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.
If any term, part, provision, section, subdivision or paragraph of this chapter shall be held unconstitutional or ineffective, in whole or in part, then, to the extent that it is not unconstitutional or ineffective, this chapter and such term, part, provision, section, subdivision or paragraph thereof shall be in full force and effect; and such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions or paragraphs thereof.