§ 57-5. Exceptions to permit commercial required.

A. 

A resident of the Town of Brookhaven may take no more than 100 bay scallops, soft clams, hard clams, or oysters or any combination thereof or 300 mussels from Town-owned land during each day of the open season, excluding Sunday, and in the manner hereinafter provided, for the sole purpose of consumption as food in his or her own household (noncommercial purposes) without obtaining a commercial shellfish permit, provided such shellfish are taken in conformance with Articles II and III of this chapter.

(1) 

A resident of the Town of Brookhaven desiring to avail himself of the privileges hereinbefore stated shall display proof of residency in the Town of Brookhaven to any harbormaster, constable or peace officer upon request. Failure to do so shall be prima facie evidence that such person is not a resident of the Town of Brookhaven.

(2) 

It shall be unlawful for any resident to take shellfish for noncommercial purposes with any device other than a hand-held rake having a head no wider than 14 inches measured perpendicular to the tynes and a straight handle not in excess of seven feet in length or by any means other than use of a resident's hands and feet. Possession or use of any device or aid other than as described above shall be presumptive evidence of an intent to harbor shellfish for commercial purposes.

B. 

A resident of the Town of Islip who has duly obtained a commercial permit from the Islip Town Clerk for the taking of shellfish from lands underwater in and owned by the Town of Islip, in accordance with the Islip Town Shellfish Ordinance, may take shellfish other than hard clams for commercial purposes from Town-owned land in the Great South Bay, from the Islip Town line to a line drawn running due south of Howell's Point in the Town of Brookhaven to the north shoreline of Fire Island.

C. 

A resident of the Town of Islip who has duly obtained a Town of Islip commercial shellfish permit and who has a Town of Islip commercial hard clam endorsement may take hard clams for commercial purposes from Brookhaven-owned land in the Great South Bay, from the Town of Brookhaven-Town of Islip town line to a line drawn running due south of Howell's Point in the Town of Brookhaven to the north shoreline of Fire Island.

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

D. 

A resident of the Town of Islip desiring to avail himself of the privileges stated herein shall display evidence of the commercial permit and the commercial hard clam endorsement for the harvest of hard clams if hard clams are harvested issued to him by the Town of Islip in a conspicuous place, either upon his person or upon the vessel used in the taking of shellfish.

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

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