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:
(a) 
Personal information: name; residence; mailing address; social security number; and signature.
(b) 
Identifying information: date of birth; weight; height; and color of hair and eyes.
(c) 
Miscellaneous: any other information requested by the Town Clerk.
(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:
(a) 
Denial of the application.
(b) 
Revocation of any permit issued.
(c) 
Prosecution and civil penalties pursuant to the Penal Law of the State of New York.
(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.
A. 
Personal taker's permits. Each personal taker's permit application shall be accompanied by the appropriate nonrefundable fee as set forth hereinbelow:
(1) 
Generally: five ($5) dollars.
(2) 
No fee for a person sixty (60) years of age or older.
[Amended 9-16-2014 by L.L. No. 34-2014]
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]]
[1]
Editor's Note: This local law also redesignated former Subsections D through F as Subsections E through G, respectively.
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.