[Added 9-18-2023 by L.L. No. 7-2023, effective 10-2-2023]
A. Razor clams may be taken only by implements known as shovels, forks,
hoes and tongs, except that the propeller of an outboard may be used
for churning said clams on any bar or shoreline that does not fall
dry at the ordinary tide.
B. No clearing or churning of seagrasses shall occur. A ten-foot buffer
must be maintained from all submerged seagrass beds.
C. A fifty-foot buffer shall be maintained around all aquaculture leases.
D. When hand digging or churning in areas adjacent to tidal banks, edges
or beach slopes vegetated with spartina grass communities (alterniflora,
patens), harvesting may not occur closer than four lineal feet at
any point to the seaward edge of primary emergent grass commonly known
as "cordgrass" (Spartina alterniflora). Distance shall be measured
from the base of the vertical bank, or edge or seaward side of a vegetated
slope.
E. The introduction into the wetlands or waterways, by any means, of
any suspended solids, sediments, fuels, solvents, lubricants, epoxy
coatings, paints, or any other environmentally deleterious materials,
either directly or indirectly, because of the action permitted herein,
is strictly prohibited.
F. There shall be no unreasonable interference with the navigation of
the waterway by the work authorized by this permit. Churning closer
than 10 linear feet to the edge of any navigable channel or passage
is prohibited.
G. Churning shall only occur from October 1 through April 15 (inclusive).
H. Churning shall be restricted to those areas in the vicinity of Moriches
Inlet and New Inlet, as depicted in 57 Attachment 3, Exhibits C-1
and C-2.
I. Bycatch, i.e., hard clams, or oysters, caught during churning, shall
be returned to the area from which it is removed.
J. The outboard motor used for churning shall be limited to a maximum
of 20 hp.
K. The floating frame that is used to house the outboard engine shall
be the only acceptable mounting device when churning. The frame shall
be designed to keep the propeller above underlying bay bottom during
operation.
L. Only one floating frame that is used to house the outboard engine
is allowed per boat, or permit, unless two rigs are set up for the
two ends of the tidal cycle and used alternately.
M. A valid permit from the New York State Department of Environmental
Conservation (shellfish digger permit) for the taking of shellfish
shall be onboard the transport vessel at all times when churning or
regular shellfishing activity is occurring.
N. A valid permit from the Town of Brookhaven for the taking of shellfish
shall be onboard the transport vessel at all times when churning or
regular shellfishing activity is occurring.
O. The transport vessel shall have a valid New York State registration.
P. Two deckhand/helpers are to be allowed per permit. Nonresident helpers/deckhands
are prohibited.
Q. It is up to the permittee to confirm and satisfy any other state
or municipal permitting requirements for a helper on board the vessel.
R. The Department of Environmental Protection may impose additional
conditions/limitations based on evaluation of the razor clam population.