A. 
No person shall in any way alter, damage, mutilate, move or carry away any buoy or marker or other device used to mark land underwater placed by the New York State Department of Environmental Conservation or by the Town of Brookhaven that is used to designate, mark or define uncertified waters, bay management areas or winter grounds.
B. 
No person shall remove stakes, buoys, markers or other devices used to mark land underwater leased by the Town to another for shellfish cultivation, a management area or Town-owned lands.
A. 
No unauthorized person shall take shellfish by any means whatsoever from Town-owned land which is designated as an uncertified area or conditional clamming area closed by the New York State Department of Environmental Conservation or from any closed area designated by the Town Board as a bay management or winter-grounds area pursuant to § 57-2 of this chapter.
B. 
No unauthorized person shall operate, use or place or attempt to operate, use or place, for whatever purpose, any dredges, rakes, tongs or other devices or use any means whatsoever for the taking of shellfish from uncertified areas or conditional clamming areas as designated by the New York State Department of Environmental Conservation or from areas otherwise closed by the Town Board as bay management areas or winter grounds pursuant to § 57-2 of this chapter.
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.
A. 
No unauthorized person shall take, interfere with or otherwise disturb shellfish possessed, planted or cultivated by another.
B. 
No unauthorized person shall place any device used to take shellfish on or in water above land underwater owned by another or leased by the Town to another for shellfish cultivation.
C. 
No person shall take, interfere with, disturb, place into the water or onto underwater lands any device that is commonly used to take or harvest shellfish, or use any device that is commonly used to take or harvest shellfish within an area designated as a "management area,"[1] except upon prior written permission from the Town of Brookhaven.
[Added 4-16-2002 by L.L. No. 4-2002, effective 4-25-2002]
[1]
Editor's Note: Management areas and their boundaries are listed in Exhibit A at the end of this chapter.
D. 
No person shall take, interfere with, disturb, place into the water or onto underwater lands any device that is commonly used to take or harvest shellfish, or use any device that is commonly used to take or harvest shellfish within an area designated as a "winter grounds"[2] commencing at sunset on March 31 to sunrise on the first Monday in December of each year, except upon prior written permission from the Town of Brookhaven.
[Added 4-16-2002 by L.L. No. 4-2002, effective 4-25-2002]
[2]
Editor's Note: Winter grounds and their boundaries are listed in Exhibit B at the end of this chapter.
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.