§ 57-2. Definitions.

For the purpose of this chapter, the following words and phrases shall be given the definitions contained herein:

BAY CULL

Shellfish and assorted bottom material unavoidably taken during harvesting.

COMMERCIAL HARD CLAM ENDORSEMENT

A special approval that is issued on a Town of Brookhaven commercial shellfish permit that enables the holder of the commercial shellfish permit/hard clam endorsement to harvest hard clams commercially from Town-owned underwater land in the Great South Bay lying west of a line running along the west side of the Suffolk County Bridge (William Floyd Parkway) between Shirley on the north and Smith Point County Park on the south and east of the line that runs from a point located 290 feet east of the entrance to Homan's Creek in Bayport to a point on Fire Island located approximately 2,950 feet west of the Barrett Beach Pier and which is coincident with the eastern property line of the underwater lands of The Nature Conservancy.

IMMEDIATE FAMILY MEMBER

Spouse, siblings, parents, children, grandparents, grandchildren, and, if domiciled in the house of the commercial hard clam endorsement holder, all persons who are related by blood, marriage or adoption.

[Added 5-18-2010 by L.L. No. 5-2010, effective 5-28-2010]

MANAGEMENT AREAS

Any area designed by the Town Board of the Town of Brookhaven, for the conservation, preservation, protection, rehabilitation, seeding and/or growth of shellfish or to promote the health, safety and welfare of the residents of the Town of Brookhaven.

[Amended 4-16-2002 by L.L. No. 2-2002, effective 4-25-2002]

NONRESIDENT

Any person who does not have his principal place of abode and domicile in the Town of Brookhaven and/or any person who does not own real property within the Town of Brookhaven at the time of the act permitted or prohibited by this chapter.

PERSON

Any firm, partnership, corporation, association or individual.

RESIDENT

Any person who has his principal place of abode and domicile in the Town of Brookhaven and/or any person who owns property within the Town of Brookhaven at the time of the act permitted or prohibited by this chapter.

[Amended 3-17-1998 by L.L. No. 4-1998, effective 3-20-1998]

SHELLFISH

All varieties and types of the following forms of marine life commonly known as "oysters" (Crassostrea virginica), "hard clams" (Mercenaria mercenaria), "soft or steamer clams" (Mya arenaria), "mussels" (Mytilus edulis) and "bay scallops" (Pecten irradians) and any combination thereof.

[Amended 5-18-2010 by L.L. No. 5-2010, effective 5-28-2010]

SUNRISE

The actual time of sunrise or up to 1/2 hour before the actual time of sunrise on any given date.

SUNSET

The actual time of sunset or up to 1/2 hour after the actual time of sunset on any given date.

TAKING

The removal of shellfish by any means from Town-owned land and all lesser acts of disruption of shellfish with or without the use of any implement, aid or device, regardless of whether such acts result in the removal of shellfish.

TOWN-OWNED LAND

All land, land underwater and the waters above land underwater in and owned by the Trustees of the Freeholders and Commonalty of the Town of Brookhaven. Such land shall not, however, include land, land underwater or waters above land underwater leased by the Town and/or the Trustees of the Freeholders and Commonalty of the Town of Brookhaven to any person for shellfish cultivation.

TRUSTEES

The Trustees of the Freeholders and Commonalty of the Town of Brookhaven.

UNCERTIFIED AREA:

A. 

An area designated by the New York State Department of Environmental Conservation as an area in such unsanitary condition that shellfish therein may not be taken for use as food.

B. 

A conditional clamming area restricted during specific seasons or periods of weather conditions as designated by the Director of the Division of Environmental Protection of the Town of Brookhaven and adopted in local law form by the Town Board.

WINTER GROUNDS

Any area lying close to the Long Island shoreline as may be designated by the Town Board of the Town of Brookhaven in order to provide safe, warm shellfishing areas during winter months and promote environmental and economic benefits to the Town of Brookhaven and its residents by closing such areas during summer months.

[Amended 3-5-1996 by L.L. No. 6-1996, effective 3-8-1996; 4-16-2002 by L.L. No. 2-2002, effective 4-25-2002]

Amended 7-17-2012 by L.L. No. 16-2012, effective 7-31-2012