A.
Personal taker's permits.
(1)
Generally. No person shall take shellfish from town
lands underwater without first having obtained a personal taker's
permit therefor as prescribed by this chapter.
(2)
Exception. Children not more than twelve (12) years
of age may take shellfish under a personal taker's permit held by
their parent or guardian, provided that they are under the supervision
and control, and in the presence of, said parent or guardian while
engaged in taking shellfish. Not more than one-half (1/2) bushel (standard
measure) of shellfish may be taken collectively under said permit
in any one (1) day.
B.
Commercial taker's permits. No person, business, firm,
partnership or corporation engaging in the taking of shellfish from
town lands underwater shall engage in such business practices without
first having obtained a commercial taker's permit as prescribed by
this chapter.
C.
Restrictions.
(1)
Generally. The Town Clerk shall not issue more than
one type of taker's permit to any individual. Any person holding taker's
permits in both the Town of Huntington and another municipality having
residency requirements shall immediately forfeit his/her Town of Huntington
permit, which shall be declared null and void by notice of the Town
Clerk, as provided for in this chapter.
(2)
Personal taker's permits. Personal taker's permits
shall be issued only to a resident or taxpayer of the Town of Huntington,
but shall not be issued to tenants, unless said tenants are in lawful
residence in the town. Said permits shall automatically expire if
the holder thereof ceases to be a resident, taxpayer or tenant in
lawful residence in the town.
(3)
Commercial taker's permits.
(a)
Generally. Commercial taker's permits shall
be issued to residents of the Town of Huntington only. Said permit
shall expire automatically if the holder thereof ceases to be a resident
of the town.
(b)
Standard commercial taker’s permits. The
number of full-time standard commercial taker’s permits issued
by the Town of Huntington in any one (1) year shall be limited to
one hundred and twenty five (125) permits, in accordance with the
appropriate section of this chapter.
[Amended 11-9-1999 by L.L. No. 20-1999; 9-16-2014 by L.L. No. 34-2014]
(4)
Parental consent. Individuals less than eighteen (18)
years of age making application for a personal, commercial or junior
commercial taker's permit shall make application in the presence of
a parent or guardian attesting to their consent by signing the application
form.
(5)
Transfers and assignments. No person, business, firm,
partnership or corporation to whom a permit has been issued shall
transfer or assign said permit to or allow use of said permit by another
person.
A.
Personal taker's permits.
(1)
Generally. A personal taker's permit shall allow the
person to whom it is issued to take shellfish from certified town
lands underwater for the personal use of such person and his/her immediate
family only.
(2)
Term. Personal taker's permits shall be valid from
April 1 of the year of issuance and, unless sooner voided, suspended
or revoked in accordance with the appropriate sections of this chapter,
shall expire on March 31 next ensuing, except for permit holders over
the age of sixty (60) years, which permits shall expire on March 31
of the third year after issuance.
B.
Commercial taker’s permits. A commercial taker’s
permit shall allow the person, business, firm, partnership or corporation
to whom it is issued to take shellfish from certified town lands underwater
for commercial purposes. There shall be three (3) types of commercial
taker’s permits issued:
[Amended 11-9-1999 by L.L. No. 20-1999; 9-16-2014 by L.L. No.
34-2014]
(1)
Standard commercial taker's permits.
(a)
Generally. A standard commercial taker's permit is a full-time
commercial taker's permit to be issued to persons from ages 18
through 65 and which does not have a seasonal restriction.
(b)
Term. Each commercial taker's permit shall be valid from
April 1 the year of issuance and, unless sooner voided, suspended
or revoked in accordance with the appropriate sections of this chapter
shall expire on March 31, next ensuing.
(2)
Junior commercial taker's permits.
(a)
Generally. A junior commercial taker's permit
is a permit to be issued only to persons less than eighteen (18) years
of age, and which shall be valid only from May 1 to October 1 of any
given year.
(b)
Term. Each junior commercial taker's permit
shall be valid from May 1 to October 1 in any given year unless sooner
voided, suspended or revoked in accordance with the appropriate sections
of this chapter.
(3)
Senior commercial taker's permits.
(a)
Generally. A senior commercial taker's permit is a full-time
permit to be issued only to persons older than 65 years of age, and
which does not have a seasonal restriction.
(b)
Term. Each senior commercial taker's permit shall be valid
from April 1 the year of issuance and, unless sooner voided, suspended
or revoked in accordance with the appropriate sections of this chapter,
shall expire on March 31 next ensuing.
A.
Application procedures.
(1)
Generally. Except as otherwise provided for herein,
each permit application shall be made in duplicate, in writing, on
the form prescribed by the Town Clerk.
(2)
Personal taker's permits. Each application on behalf
of an individual for a personal taker's permit shall include the following:
(3)
Commercial taker's permits. Each application on behalf
of a person, business, firm, partnership or corporation for a commercial
taker's permit shall include the following:
(a)
Business information: name of the applicant;
location of its principal place of business; and names and residence
addresses of all principles, officers and directors, if any, and of
any other persons owning directly or indirectly a beneficial interest
in the applicant of at least five (5%) percent thereof.
(b)
Identifying information: identifying data; photograph;
NYSDEC digger's permit; and all information required of individual
applicants by other provisions of this section shall be shed for each
and every employee to be engaged in the taking of shellfish on behalf
of the applicant.
(c)
State permits. Each commercial taker's permit
application shall be accompanied by the applicant's valid NYSDEC digger's
permit.
(d)
Photographs. Except as provided elsewhere in
this chapter, each commercial taker's permit application shall be
accompanied by two full-face, identical photographs of the applicant,
one and one-fourth (1 1/4) inch by one and one-fourth (1 1/4)
inch in size, taken within two (2) months prior to the submission
of the application.
(e)
Miscellaneous: any other information requested
by the Town Clerk.
(f)
Change of employment status. Immediately upon
the hiring or termination of any employee engaged in taking shellfish
under its permit, a person, business, firm, partnership or corporation
holding a permit under this section shall notify the Town Clerk, in
writing. No new employee shall be permitted to engage in the taking
of shellfish until advised by the Town Clerk that the information
required by this section with respect to said employee has been submitted
and approved. Immediately upon the termination by a permit holder
of any employee engaged in taking shellfish, said employee shall not
be permitted to exercise the permit holder's privileges under this
chapter.
(4)
Determination of satisfaction. Prior to issuance of
any permit, the Town Clerk shall be satisfied as to identification
and residency of the applicant, and to all documents produced to evidence
fulfillment of permit requirements. For the purposes of making the
determination of satisfaction, the Town Clerk shall refer all applications
to the Department of Maritime Services, which shall investigate the
veracity of each application's contents and report thereon to the
Town Clerk.
[Amended 11-8-2006 by L.L. No. 34-2006]
(5)
False or withheld information. An applicant for a
permit under this section who knowingly makes a false statement or
withholds information on an application shall be subject to any and
all of the following:
(6)
Appeals. Any applicant who has been refused a permit,
or whose permit has been suspended or revoked, may appeal such determination
pursuant to the appropriate section of this chapter, as applicable
(providing documentation of good cause), at an additional fee as set
forth in this chapter, by filing a request for appeal and the proper
fee with the Town Clerk's office.
(7)
Changes in required information. Immediately upon
any changes in information required by this section, the permit holder
shall notify the Town Clerk of said changes in writing. Failure to
notify the town of any changes in required information shall result
in suspension or revocation of any permit issued under this chapter.
B.
Permit replacement.
(1)
Personal taker's permits. Any person replacing a personal
taker's permit shall complete an affidavit attesting to circumstances
necessitating replacement.
(2)
Commercial taker's permits. Any person, business,
firm, partnership or corporation replacing a commercial taker's permit
shall complete an affidavit attesting to circumstances necessitating
replacement, and submit one (1) photograph and the proper fee.
B.
Standard commercial taker's permits.
(1)
Fees. Each full-time commercial taker's permit application shall
be accompanied by a nonrefundable fee of four hundred ($400) dollars
for the applicant and an additional four hundred ($400) dollars for
each employee to be engaged in taking shellfish under the permit of
a person, business, firm, partnership or corporation.
[Amended 11-9-1999 by L.L. No. 20-1999; 9-16-2014 by L.L. No.
34-2014]
(2)
Trust fund. All revenue derived from the application
fees for standard commercial taker's permits, except administrative
fees of twenty-five ($25) dollars for seniors and fifty ($50) dollars
for all other such permits, shall be segregated in a dedicated trust
fund which will be used solely for the promotion and replenishment
of the shellfish stock located on Town Trustee lands.
[Amended 11-9-1999 by L.L. No. 20-1999]
C.
Junior commercial taker's permits. Each junior commercial
taker's permit application shall be accompanied by the appropriate
nonrefundable fee of fifty ($50) dollars.
D.
Senior commercial taker's permits. Each senior commercial taker's
permit application shall be accompanied by the appropriate nonrefundable
fee of fifty ($50) dollars.
[Added 9-16-2014 by L.L. No. 34-2014[1]]
E.
Gauges. No permit of any category shall be issued
until either a currently valid and functioning gauge as required in
this chapter has been produced for examination by the Town Clerk's
office, or the appropriate fee has been paid to the Town Clerk's office
for such a gauge.
F.
Replacement permits. Each replacement of permit application
shall be accompanied by the appropriate nonrefundable fee of ten ($10)
dollars, except for replacement of personal taker's permits, for which
there shall be no replacement fee.
G.
Replacement decals. Each replacement of decals application
shall be accompanied by the appropriate nonrefundable fee of ten ($10)
dollars per decal.
A.
Carrying of permits. Any person engaged in taking
shellfish from certified town lands underwater shall have his/her
permit either on his/her person or in the boat from which he/she is
taking shellfish.
B.
Display of permits. Any person engaged in taking shellfish
from certified town lands underwater shall show his/her permit and
a copy of the permit issued to his/her employers, where appropriate,
to any law enforcement official or other duly authorized individual
upon request. Failure to do so shall be presumptive evidence of failure
to obtain a proper permit.
C.
Decals.
(1)
Display. The Town Clerk shall issue two (2) identification
decals corresponding to the commercial taker's permit number for each
registered vessel used by the permit holder when taking shellfish.
The permit holder, when engaged in the taking of shellfish from town
lands underwater, shall affix and conspicuously display one decal
on each of the aftermost port and starboard sides of his/her boat.
(2)
Replacement. It shall be the responsibility of each
commercial taker's permit holder to maintain and protect his/her assigned
and issued identification decals from damage and/or loss. A permit
holder shall replace damaged, mutilated, unreadable or lost decals
by submitting an affidavit attesting to circumstances requiring replacement
and a proper fee to the Town Clerk.
A.
Issuance. The Town Clerk shall offer for sale to each
successful applicant at a fee to be established by the Town Board
by resolution, a gauge for the measurement of hard clams.
B.
Possession. Said gauge shall be in the possession
of the permit holder while engaged in taking shellfish.
C.
Liability. The permit holder is not relieved of liability
by reason of inaccuracy of any gauge other than one offered for sale
by the Town Clerk.
