[HISTORY: Adopted by the Town Board of the
Town of East Hampton 5-20-1994 by L.L. No. 4-1994. Amendments noted where
applicable.]
This chapter of the East Hampton Town Code shall
be known and may be cited as the "Town of East Hampton Shellfish Law."
A.
The title to and right to manage the taking of shellfish
in Town waters in Montauk, including but not limited to Lake Montauk,
is vested in the Town of East Hampton and the Town Board; the title
to and right to manage the taking of shellfish in all other Town waters
is vested in the Trustees.
B.
The purpose of this chapter is to set forth the rights
and responsibilities of the Town Board in managing the taking of shellfish
in Town waters in Montauk, including but not limited to Lake Montauk,
and the rights and responsibilities of the Trustees in managing the
taking of shellfish from all other Town waters.
C.
The Trustees and the Town Board have agreed upon the
adoption of the following law in an effort to provide uniform regulations
for all such areas within the Township.
D.
Nothing in this local law shall preclude the Town
Board and the Town Trustees from working together on a Town-wide shellfish
management plan.
This chapter is adopted for the purpose of regulating
and controlling the taking of shellfish and shellfish predators from
the waters and lands under waters in the Town of East Hampton in order
to ensure the propagation of shellfish, to protect the public health
and welfare, to promote the economic well-being of those who rely
upon Town waters for their livelihoods and to provide food and recreation
for the residents of East Hampton.
This chapter is adopted as a local law pursuant
to the authority of Article IX of the New York State Constitution;
§ 10 of the New York Statute of Local Governments; and Article
2, § 10, of the New York Municipal Home Rule Law.
The Trustees and the Town Board each have ownership
of and/or authority over certain waters and lands under water within
the boundaries of the Town of East Hampton. The provisions of this
local law shall apply to all Town waters, as hereinafter defined.
For the purpose of this local law, the following
terms shall have the meanings indicated:
A trawl with netting spread by a spar or beam.
Callinectes sapidus.
That amount of unopened shellfish which will fill a bag,
with string drawn, said bag to be a standard size bushel bag to be
sold by the East Hampton Town Trustees and stamped with the wording
"East Hampton Town Trustees" on the bag or fill to the level top of
such other container as the Trustees may designate, by resolution
duly adopted and posted with the Town Clerk, as part of a special
shellfishing zone or season. Where the limit on shellfish taken is
a "bushel" or more pursuant to this chapter, all permittees must use
the standard size bushel bag or container to contain such shellfish
as are in his or her possession. Failure to do so shall constitute
a violation of this law.
A person under the age of 12 years.
A person who has an East Hampton Town commercial permit as prescribed by § 213-7B of this law.
The taking of shellfish for any use or purpose other than
for food consumption by the person so taking or by such person's immediate
family or household.
Channeled whelks (Busycon canaliculatum) and knobbed whelks
(Busycon carica).
All crabs other than blue claw crabs.
A portion of Town waters in which the Trustees, or the Town Board for Town waters in Montauk, including but not limited to Lake Montauk, by resolution, have varied the limitations regarding the taking of shellfish as provided in § 213-18.
[Amended 8-21-1997 by L.L. No. 28-1997]
A person of any age who is not a resident of the Town of
East Hampton.
[Added 6-21-2012 by L.L. No. 8-2012]
A trawl with netting spread by water action upon boards or
doors.
Eight quarts by volume.
A person who has a principal place of abode and domicile
in and who actually resides within the Town of East Hampton.
Blue crabs, conchs, crabs, escallops, hard clams, lobsters,
mussels of all kinds, oysters, periwinkles, razor clams, shrimp, skimmers
and soft clams.
Oyster drills and starfish.
Waterproof labels to be attached to bushel bags or other
authorized containers, identifying the name of the shellfish harvester,
the harvest date, the harvest area, the type and quantity of shellfish
and such other information as may be required.
A person who owns real property in the Town of East Hampton,
as shown on the Town's assessment rolls, but who is not a resident,
as defined herein.
The Town of East Hampton located within the County of Suffolk,
State of New York.
The duly elected and constituted legislative body of the
Town of East Hampton exercising such powers and discharging such duties
as have been or may be conferred or imposed upon it by law.
All waters and land below mean high water in any harbor,
bay, pond, lake, creek or river in the Town of East Hampton, including
but not limited to Wainscott Pond, Georgica Pond, Lily Pond, Hook
Pond, Fresh Pond, Alewive Brook, Northwest Creek, Little Northwest
Creek, Three Mile Harbor, Hog Creek, Accabonac Harbor, Napeague Harbor,
Lake Montauk and that portion of Northwest Harbor in the Town of East
Hampton from the southerly boundary of Shelter Island Town and the
easterly boundary of Southampton Town.
A net which is towed or dragged through the water column,
capturing fish by straining the water, but shall not include a seine
which is used to encircle fish.
The Trustees of the Freeholders and Commonalty of the Town
of East Hampton, a duly elected and constituted corporate body politic
of the Town of East Hampton exercising such powers and discharging
such duties as have been or may be conferred or imposed upon them
by law, both colonial and current.
Waters which have been periodically examined for sanitary
conditions and which do not meet the minimum standard set by any federal
agency regulating the interstate shipment of shellfish.
B.
Notwithstanding the above, a child or guest of any
permittee may take shellfish or shellfish predators without a permit,
provided that he or she is accompanied by the permittee for all purposes
hereunder, and the child or guest and permittee together shall be
deemed one permittee for the purposes of this chapter.
[Amended 6-21-2012 by L.L. No. 8-2012]
A.
Eligibility. Any person 12 years or over who is a
resident or taxpayer may obtain a permit for taking shellfish or shellfish
predators by making an application therefor as set forth in this section
and paying the appropriate fee for the permit applied for.
B.
Types of permits; fees.
(1)
There shall be two types of annual permits:
(2)
Each of the two types created hereby shall be valid
for the period commencing April 1 and ending March 31 of the following
year, or as otherwise provided herein.
[Amended 7-20-2006 by L.L. No. 21-2006]
(3)
The Town Board may, by resolution, set and from time
to time adjust the fee to be paid for each type of permit.
C.
One permit. No person shall hold both a commercial
and personal permit at any one time.
D.
Senior citizens free permit. Persons of the age of
65 years or over shall be exempt from paying a fee for a personal
permit, except the cost of a shellfish gauge, but such persons shall
not shellfish without first obtaining such permit therefor.
E.
Application; information required.
[Amended 7-20-2006 by L.L. No. 21-2006]
(1)
An application for a personal or commercial permit
shall be submitted to the Town Clerk, in writing, in the form prescribed
by the Trustees' Clerk, and shall include but not be limited to:
(a)
The applicant's name.
(b)
The applicant's residence address with street
and number, if any.
(c)
The applicant's age, sex, height and color of
eyes and hair.
(d)
For personal permits, the applicant's domicile
address outside of the Town of East Hampton with street and number,
if any. For commercial permits, the applicant's domicile shall be
shown to be within the Town of East Hampton.
(e)
A description of applicant's real property owned
in the Town of East Hampton with street number, if any, and with Tax
Map number.
(2)
Each applicant for a personal permit shall submit
to the Town Clerk for inspection one of the following:
(a)
A valid New York State driver's license or vehicle
registration in the name of the applicant, setting forth an address
located within the boundaries of the Town of East Hampton;
(b)
A validated tax receipt stub for the current
year for any taxable property located within the boundaries of the
Town of East Hampton;
(c)
A valid voter registration card indicating place
of residence as being within the boundaries of the Town of East Hampton;
or
(d)
A copy of a lease of property within the Town
of East Hampton, the term of which shall be a minimum of one year.
Said personal permit shall expire with the expiration of the lease
or March 31, whichever is earlier.
(e)
In the case of an applicant for a personal permit
who is unable to produce items (a), (b), (c), or (d) above, the Town
Clerk may require the applicant to be identified as a resident or
taxpayer of the Town of East Hampton by a resident known to the Town
Clerk. The name of the resident identifying the applicant shall be
noted on the application.
(3)
Each applicant for a commercial permit shall submit
to the Town Clerk for inspection all of the following:
(a)
A valid New York State driver's license, vehicle
registration in the name of the applicant or a valid New York non-driver's
identification card, setting forth an address located within the boundaries
of the Town of East Hampton;
(b)
A validated tax receipt stub for the current
year for any taxable property located within the boundaries of the
Town of East Hampton or a copy of a lease of property within East
Hampton Town, the term of which shall be a minimum of one year. Said
commercial permit shall expire with the expiration of the lease or
March 31, whichever is earlier;
(c)
A valid voter registration card indicating applicant's
place of residence as being within the boundaries of the Town of East
Hampton or an affidavit by applicant that he or she is not a registered
voter in any jurisdiction and that he or she is a resident of the
Town of East Hampton; and
(d)
A valid New York State shellfish digger's permit.
(e)
In the case of an applicant for a commercial
permit who is unable to produce items (a), (b), (c) and/or (d) above,
the Town Clerk shall refer the applicant to the Shellfish Permit Review
Board which shall provide the applicant and residents of the Town
of East Hampton with the opportunity to present evidence regarding
applicant's residence and New York State permit status. The Shellfish
Permit Review Board shall consist of the Town Attorney, the senior
member of the Town's Marine Patrol and a Town Trustee.
F.
Form of permit; nontransferability; evidence of permit.
(2)
Permits shall be nontransferable.
(3)
Any person engaged in taking shellfish or shellfish
predators from Town lands under water shall locate his permit and
shellfish gauge so that they shall be immediately available to any
enforcing officer. Failure to do so shall be presumptive evidence
that such person does not possess a shellfish permit.
A.
The Trustees are authorized to issue special permits which will entitle the holders thereof to take shellfish from a designated area as set forth in § 213-18, upon such terms and conditions as the Trustees shall determine.
B.
C.
All special permits shall be made available to all
members of the eligible class of permit holders on an equal basis.
D.
In the event that there shall be a limited number
of special permits available, such permits shall be issued in accordance
with a system designed to ensure a fair and reasonable opportunity
for members of the eligible class to obtain the same (e.g., first-come-first-served,
lottery, etc.).
E.
Copies of all such special permits shall be forwarded
to the offices of the Town Clerk and Harbormaster upon issuance.
A.
All permits issued pursuant to this law, and the privilege
of taking shellfish, shall:
(1)
Become void if the holder thereof ceases to be a resident
or taxpayer of the Town of East Hampton.
(2)
Except as set forth in Subsection C below, be revoked
in the discretion of the court for a period not to exceed six months
from the date of conviction of a violation of this law.
(4)
Automatically be revoked for a period of six months
from the date of conviction of a second violation of this law within
a period of 12 months from the date of the first violation.
(5)
Automatically be revoked for a period of 12 months
from the date of conviction of a third violation of this law within
a period of 18 months from the date of the first violation.
B.
At the time it revokes a permit, the court shall remove
the permit from the holder and deliver the same to the Town Clerk
with the date of conviction and the length of any revocation imposed
hereunder. The Town Clerk shall not restore a revoked permit or issue
a new permit during the period of revocation.
A.
No person shall take shellfish between the hours of
sunset and sunrise. This subsection shall not apply to the taking
of blue claw crabs, crabs, lobsters, shrimp or shellfish predators.
B.
No person shall take shellfish (except escallops)
by the use of a dredge, scrape or other device propelled or operated
in any manner other than by hand power.
C.
Any person taking shellfish of any kind by means of
or with the aid of any device or implement commonly used in the art
or practice of scuba diving or by means of or with the aid of any
device designed to permit submergence beneath the surface of the water
beyond normal human capability shall:
(1)
Not locate his buoy within 400 feet of another buoy
being used by another scuba diver. There can be no more than two divers
under one buoy.
(2)
Not locate his buoy in such a manner to unreasonably
interfere with the shellfishing of persons not using scuba techniques
if they are already located in an area (except for escallops, a scuba
diver may not set his buoy in the direct line of an active dredge).
D.
No person shall take any particular types, sizes,
quantities or species of shellfish in violation of any provision of
this chapter.
E.
No person shall take any particular types, sizes, quantities or species of shellfish which have been restricted by resolution duly adopted by the Trustees or the Town Board for Town waters in Montauk, including but not limited to Lake Montauk, pursuant to § 213-18.
[Amended 8-21-1997 by L.L. No. 28-1997]
F.
No person shall dump or cause to be dumped or deposited
any garbage, rubbish, sewage or fish carcasses in Town waters.
G.
No person shall use beam or otter trawls in Town waters.
H.
No person shall return any starfish or other shellfish
predators to Town waters, including, without limitation, uncertified
waters.
[Amended 2-17-1995 by L.L. No. 2-1995]
I.
No person who does not have a shellfish permit shall
have in his possession any forks, tongs, rake, dredge or scrape in
Town waters.
J.
Children shall be deemed to be one person with the
permittee for all purposes hereunder.
K.
No commercial permittee shall open shellfish on the
grounds where taken or on Town waters.
L.
Shellfish gauge. The Town may require all persons
obtaining a shellfish permit to purchase a gauge or measuring device
(shellfish gauge) to be used to measure shellfish to ensure that those
specimens not meeting a minimum size displayed on the gauge be returned
promptly to Town waters. No person shall take any shellfish having
a size limit stated in this chapter that may be determined by said
gauge unless he shall have on or in the immediate vicinity of his
person such required gauge, and any person requested to do so by any
policeman, bay constable or other authorized enforcement officer shall
produce and display such gauge for such officer.
M.
No person shall take shellfish from uncertified waters,
except as follows: blue claw crabs, crabs, lobsters and shrimp may
be taken from uncertified waters. In addition, shellfish predators
may be taken from uncertified waters.
[Amended 2-17-1995 by L.L. No. 2-1995]
O.
No person shall willfully injure, tamper with or remove
any monument, stake, buoy, rack, apparatus, posting or boundary marker
of any kind placed by the Trustees or the Town Board (as to Lake Montauk)
for the purpose of growing shellfish or delineating and/or locating
designated areas, uncertified waters or restricted or closed areas.
P.
No person shall possess shellfish for commercial purposes
unless they are enclosed in a bushel bag or other authorized container
with a complete and accurate shellfish tag attached.
Q.
Any person
who does not have a commercial or recreational shellfish permit shall
be prohibited from acting in concert with other unlicensed person(s)
to harvest, take, or remove shellfish from the seabed or shoreline.
[Added 7-18-2023 by L.L. No. 17-2023]
R.
All persons
shall be prohibited from harvesting, taking, or removing shellfish
from the seabed or shoreline while utilizing a lookout or watch system
such as a designated lookout individual, or system of communication
via vehicles, telephone, radio, or voice call in an effort to evade
authorities.
[Added 7-18-2023 by L.L. No. 17-2023]
S.
Any person
engaged in the harvesting, taking or removing of shellfish from the
seabed or shoreline shall be prohibited from fleeing, attempting to
flee, or otherwise attempting to evade authorities in connection of
the enforcement of this chapter.
[Added 7-18-2023 by L.L. No. 17-2023]
T.
Any person
who does not have a commercial shellfish license shall possess shellfish
for commercial purposes.
[Added 7-18-2023 by L.L. No. 17-2023]
(1)
Any
person who does not have a commercial shellfish permit and is found
in possession of at least two times the recreational limit of shellfish
shall be deemed as possessing shellfish for commercial purposes.
(2)
Any
person who does not have a commercial shellfish permit and is found
to be exporting shellfish outside of East Hampton Town shall be deemed
to possess said shellfish for commercial purposes.
A.
No person shall take female blue claw crabs bearing
eggs visible thereon nor offer for sale or possess the same in the
Town of East Hampton.
B.
A commercial permittee shall have no limit on the
number of blue claw crabs he may take per day.
C.
All other permittees may take up to 50 crabs per day.
D.
No person shall take blue claw crabs measuring less
than five inches point to point (across the carapace), and all such
crabs shall be returned immediately to the waters of the place where
taken.
A.
Escallops may be taken with a dredge or scrape having
an opening at the mouth not to exceed 36 inches in width. Such dredge
may be towed by a boat operated by mechanical power or other means,
provided that such dredge or scrape is brought aboard by hand power
without the use of a mechanical device.
B.
Only bay escallops having an annual growth line may
be taken. Bay escallops which do not meet the requirements of this
section shall be returned immediately to the waters where taken.
C.
Escallops may be taken during the period from the
third Monday of October to March 31, both inclusive, in each year.
Bay escallops shall not be taken on Sunday by use of a dredge or other
mechanical device operated by power.
D.
A commercial permittee may take five bushels of escallops
per day. Two or more of such persons holding commercial permits and
occupying the same boat while taking escallops may take in the aggregate
not more than 10 bushels in one day. Two or more persons, only one
of whom holds a commercial permit and occupying the same boat while
taking escallops, may take in the aggregate not more than five bushels
in one day.
E.
All other permittees may take one bushel of escallops
per day. Three or more noncommercial permittees occupying the same
boat may not take more than three bushels of escallops in the aggregate
per day.
A.
No person shall take female lobsters bearing eggs
visible thereon nor offer for sale or possess the same in the Town
of East Hampton.
B.
No person shall take lobsters measuring less than
three and 31/4 inches in length, and all such lobsters shall be returned
immediately to the waters of the place where taken. All measurements
are from the rear end of the eye socket along a line parallel to the
center line of the body shell (carapace) to the rear end of the body
shell (carapace).
C.
A commercial permittee shall have no limit on the
number of lobsters he may take per day.
D.
All other permittees may take six lobsters per day.
A.
No person shall take seed oysters without written
permission of the Trustees. For the purposes of this law, seed oysters
are oysters less than three inches in length.
B.
[1]A commercial permittee may take three bushels of oysters
per day.
[1]
Editor's Note: Former Subsection B, prohibiting
the taking of oysters between May 1 and August 31, was repealed 11-2-2001
by L.L. No. 28-2001. This local law also redesignated former Subsections
C and D as B and C, respectively.
C.
All other permittees may take one peck of oysters
per day.
A.
No person shall take soft clams measuring less than
11/2 inches in length, and all such soft clams shall be returned immediately
to the waters of the place where taken.
B.
No person shall take soft clams between May 1 and
August 31, both inclusive, in each year.
C.
A commercial permittee may take three bushels of soft
clams per day.
D.
All other permittees may take one peck of soft clams
per day.
A.
Except in such designated areas as have been established by the Trustees or the Town Board for Town waters in Montauk, including but not limited to Lake Montauk, pursuant to § 213-18 of this chapter, there shall be no limit on the size of other shellfish which may be taken and there shall be no season in which taking other shellfish is prohibited.
[Amended 8-21-1997 by L.L. No. 28-1997]
B.
A commercial permittee shall have no limit on the
quantity of other shellfish he may take.
C.
All other permittees may take one peck of other shellfish
per day.
A.
The Trustees or the Town Board for Town waters in
Montauk, including but not limited to Lake Montauk, are authorized
to vary the limitations set forth in this chapter regarding the methods,
equipment, seasons for taking, sizes and quantities of shellfish or
shellfish predators which may be taken in such designated areas as
they shall specify by resolution duly adopted, published in their
official newspaper, forwarded to the Town Clerk and posted on the
official notice board in Town Hall. Such resolution shall set forth:
[Amended 8-21-1997 by L.L. No. 28-1997]
B.
Such designated area shall be properly delineated
and posted so as to give the public notice of the applicable limitations.
C.
The Town Board may from time to time, in its discretion,
close any portion of Town lands under water against taking of shellfish
for such period, not to exceed 21 days, as it deems necessary for
the conservation, protection, growth and transplanting of shellfish.
The closure of any Town lands under water (except Lake Montauk) for
a period exceeding 21 days may be accomplished only with the consent
of the Trustees, after the Trustees have held a public hearing, notice
of which shall be posted and published in the official Town newspaper.
The closure of any lands under water in Lake Montauk for a period
exceeding 21 days may be accomplished by the Town Board only after
it has held a public hearing, notice of which shall be posted and
published in the official Town newspaper.
D.
The methods, equipment, sizes, quantities and seasonal
limitations set forth in this chapter shall not apply to any relay
or research operations conducted by or on behalf of the Town Board
or the Trustees.
E.
The Trustees or the Town Board for Town waters in
Montauk, including but not limited to Lake Montauk, may from time
to time, in their discretion, designate landing areas where all shellfish
must be unloaded if they determine that such action is necessary for
efficient enforcement of this law.
[Amended 6-6-2013 by L.L. No. 4-2013]
A.
First violation. Failure to comply with any of the provisions of this law shall constitute a violation and shall be punishable by a fine as set forth in the schedule of fines contained in this chapter, including additional penalties for failing to timely answer any instrument issued for the aforesaid conduct, or by imprisonment for up to 10 days, or both. The offender shall also be subject to the revocation provision of § 213-9A(2) of this chapter.
B.
Second violation. Any person who shall have been convicted of a second violation of this law within a period of 12 months shall be punished by a fine of not less than $100 and not more than $1,000 or by imprisonment not to exceed 10 days, or both. The offender shall also be subject to the revocation provision of § 213-9A(4) of this chapter.
C.
Third violation. Any person who shall have been convicted of a third violation of this law within a period of 18 months shall be punished by a fine of not less than $300 and not more than $1,500 or by imprisonment not to exceed 20 days, or both. The offender shall also be subject to the revocation provision of § 213-9A(5) of this chapter.
D.
All provisions and penalties herein contained are in addition to
and in no way in contradiction or modification of any other provisions
of any laws, rules or regulations applicable thereto.
E.
Any person or entity found by the Bureau of Administrative Adjudication to have violated any of the provisions of § 213-6A(2) or 213-10D shall likewise be subject to a monetary penalty not to exceed the maximum fine amounts set forth in the instant chapter, for the respective violations referenced therein for a first offense, subsequent offenses and continuing offenses.
[Added 6-2-2022 by L.L. No. 17-2022]
F.
Any person or entity convicted of § 213-10, Subsections Q through T, shall be guilty of aggravated taking of shellfish in Town or trustee waters, an unclassified misdemeanor, punishable by up to 30 days' imprisonment and/or the Fine Schedule set forth in § 213-24.
[Added 7-18-2023 by L.L. No. 17-2023]
This law shall be enforced by any duly constituted
law enforcement officer having jurisdiction within the Town of East
Hampton.
A.
In the event that the Town Board or Trustees shall
propose an amendment to this chapter, the Board proposing said amendment
shall forward a copy thereof to the other Board before said amendment
is published for formal comment and consideration. Such other Board
shall be entitled to a period of not less than 60 days to review and
submit comments on the proposed amendment.
B.
In the event that the reviewing Board submits comments
(other than a complete approval), the Board proposing the amendment
shall formally address and respond to such comments within 30 days
of its receipt of the same.
C.
Upon approval of the proposed amendment by the reviewing
Board or upon failure of the reviewing Board to submit comments or
upon the submission of a response to the comments offered by the reviewing
Board, the Town Board may proceed to public hearing on the proposed
amendment as originally proposed or as modified in response to the
comments of the reviewing Board, upon posting and publishing notice
of said hearing.
D.
An amendment by the Town Board of any provision of
this chapter in a manner inconsistent with the ordinances, rules or
regulations of the Trustees shall not be binding upon the bottomlands
over which the Trustees have control.
E.
In the event that the Trustees shall amend their own ordinances, rules or regulations either without the enactment of a consistent amendment to this chapter by the Town Board or beyond the scope of the special authority set forth in § 213-18, then the Town Board shall not be responsible for enforcement of such amended ordinance, rule or regulation.
The provisions of this law are declared to be
severable. If any section, sentence, clause or phrase thereof shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses or phrases of this law, but they shall remain in effect, it
being the legislative intent that this law shall stand notwithstanding
the invalidity of any part.
This local law shall take effect upon filing
with the Secretary of State as required by law.
