Town of Smithtown, NY Search: shellfish

No person shall take shellfish for commercial purposes, including ... who engages in the taking of shellfish shall: Be a citizen of the United ... landing of all commercially taken shellfish shall be at the Town-owned boat ...

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§ 233-3 Noncommercial shellfishing.

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Code/Ch 233: Shellfish

... food in his or her own household, shellfish in the amount not to exceed 1/2 ... all kinds taken. For noncommercial shellfishing, it shall be unlawful for any person ... evidence of an intent to harvest shellfish for commercial purposes. In the ...

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§ 233-11 Commercial buying of shellfish.

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Code/Ch 233: Shellfish

... as a commercial buyer of shellfish unless such person has ... of a commercial buyer of shellfish who is authorized to engage ... to the purchasing of shellfish, including the authority to ... vehicle used to transport shellfish and/or the authority to make ...

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233-1{5} TAKING

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Code/Ch 233: Shellfish/233-1: Definitions.

The removal of shellfish by any means and all lesser acts of disruption of shellfish and, further, any attempt to take.

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Ch 233 Shellfish

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§ 233-14 Closing of waters.

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Code/Ch 233: Shellfish

... of said Town and prohibit the taking of all shellfish therefrom for such period as it may deem ... for the conservation, protection and growth of shellfish therein or to promote the health, safety and ... of the Town of Smithtown. No person may take shellfish from such designated areas during the time ...

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233-1{4} SHELLFISH

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Code/Ch 233: Shellfish/233-1: Definitions.

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§ 233-15 Night restrictions.

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Code/Ch 233: Shellfish

No person shall take shellfish, sandworms or bloodworms from the waters or flats within the jurisdiction of the Town of Smithtown between sunset and sunrise.

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§ 233-8 Display of permit.

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Code/Ch 233: Shellfish

[Amended 2-16-2023 by L.L. No. 2-2023 ] Any person engaged in taking shellfish from the waters of said Town and/or working aboard a boat upon which shellfish are so taken shall exhibit his or her permit to any harbormaster or other ...

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§ 233-21 Civil penalties.

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Code/Ch 233: Shellfish

... a civil penalty of $25 and an additional penalty of $5 for each bushel of shellfish taken or, in the case of a commercial shellfish buyer, each bushel possessed in violation of the section convicted under.

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153-5{37} SENSITIVE AREAS

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Code/Ch 153: Stormwater Management and Erosion and Sediment Control/Ch 153 Art I: General Provisions/153-5: Definitions.

Includes but is not limited to cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special concern species.

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§ 233-16 Prohibited devices.

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Code/Ch 233: Shellfish

... by motor or other mechanical means may be used for the taking of shellfish from the waters of said Town. Diving equipment. No contrivance that permits or aids a person to breathe underwater may be used during shellfish harvesting in the waters of the Town of Smithtown.

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§ 233-13 Uncertified waters.

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Code/Ch 233: Shellfish

No person shall take shellfish from land or lands under water which are designated as "uncertified areas" ... any dredges, rakes, tongs, baskets or other devices for the taking of shellfish from uncertified areas declared by the New York State Department of ...

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§ 233-2 Restrictions for nonresidents.

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Code/Ch 233: Shellfish

... for his own benefit or for the benefit of any other persons, any clams, oysters, mussels or other shellfish or jingles, quarterdeckers or other shells or scallops or bloodworms, sandworms or clamworms from ...

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§ 233-12 Altering or damaging buoys or markers.

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Code/Ch 233: Shellfish

No person shall in any way alter, damage, mutilate, move or carry away any buoy or marker placed by the New York State Department of Environmental Conservation or by the Town of Smithtown that is used to designate, mark or define uncertified waters or shellfish management areas.

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§ 315-3 Forbidden substances.

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Code/Ch 315: Water Pollution

... which may impair or prevent the growth and multiplication of fish or shellfish in any of said waters or which may or shall interfere with either the home use or marketability of such fish or shellfish or which shall render such waters, their banks and shores unpleasant or ...

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§ 138-3 Permit required; exceptions.

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Code/Ch 138: Dredging

... shall not apply to the removal or deposition of material in connection with the harvesting of shellfish for commercial purposes.

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§ 138-14 Standards.

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Code/Ch 138: Dredging

... accelerate the drift of soil, shale, mud or bog, upland or underwater, nor adversely affect fish, shellfish, wildlife or other natural resources.

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§ 233-9 Voiding, suspension or transfer of permits.

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Code/Ch 233: Shellfish

... chapter and/or state law enacted for the conservation or protection of shellfish. Such permit shall not be transferred or assigned by the permittee, and ... York and/or any state law enacted for the conservation and protection of shellfish.

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§ 315-2 Pollution of waters prohibited.

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Code/Ch 315: Water Pollution

... or shores of the Town parks or upon the flats or beds containing clams, oysters, mussels or other shellfish or which may be carried by high tides or floods into wells or springs along the banks of said water ...

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