No person shall take shellfish from Town-owned
land or from lands and/or land underwater leased by the Town to others
for shellfish cultivation between sunset and sunrise.
[Amended 5-18-1995 by L.L. No. 14-1995, effective 5-24-1995]
No shellfish shall be taken from Town-owned
land on Sundays, whether for commercial or noncommercial purposes,
except that for holders of a valid commercial shellfish permit, shellfish
may be taken on Sundays during the period beginning on the first Sunday
in December and ending on the last Sunday in March.
[Amended 9-18-2023 by L.L. No. 7-2023, effective 10-2-2023]
A. It shall be unlawful to use or have in one's possession any
device commonly known as a "dredge," including but not limited to
scraper tongs or blades, stick dredges or any other device operated
by power or by boats propelled by motor or other mechanical means,
or a device attached to or aided by the motion of any boat mechanically
propelled or otherwise for the taking of shellfish from Town-owned
land or placed overboard any boat except:
(1) By special permit issued by the Director of Environmental Protection
of the Town of Brookhaven.
(2) A dredge used for the taking of bay scallops, provided that such
dredge has an opening at the mouth not to exceed 36 inches in width
when taken by a boat operated by mechanical power or other means,
and further provided that such dredge is brought aboard by hand power
without the use of a mechanical device.
(3) When engaged in the taking of soft-shelled clams wherein the propeller
of a boat may be used for churning such clams on any bar or shoreline
that does not fall dry at the ordinary low tide.
(4) When engaged in the taking of razor clams wherein the propeller of
an outboard motor may be used for churning such clams on a bar or
shoreline that does not fall dry at the ordinary low tide.
B. Any dredge prohibited by this section shall be immediately confiscated
from the user, and any shellfish taken by the use of such dredge shall
be returned to the water immediately.
No person shall take shellfish for commercial or noncommercial purposes from a boat or vessel, while such boat or vessel is in motion or being propelled by any means other than the motion of the water and/or wind, other than as provided in §
57-17 herein.