§ 57-6. Commercial shellfish permit and commercial hard clam endorsement., Article I. Definitions; Permits, Chapter 57. Shellfish, Code of Ordinances, Brookhaven

Commercial hard clam endorsement. To harvest hard clams (Mercenaria mercenaria) 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 property and the Town of Brookhaven, the commercial shellfish permit shall also have a commercial hard clam endorsement.

(1)

A commercial hard clam endorsement shall only be issued to a resident of the Town of Brookhaven who has a Town of Brookhaven commercial shellfish permit and who can demonstrate that he/she:

(a)

Has held a commercial hard claim permit endorsement in 2011; or

(b)

Was issued a commercial hard clam endorsement in 2013; or

(c)

Subsequent to 2013 was issued a commercial hard clam endorsement in the previous year;

(d)

Is a Town resident who did not obtain a commercial hard clam endorsement in 2010 or in subsequent years and meets any one of the criteria specified below and provides such clear and unambiguous proof as may be required by the Town Clerk:

[1]

Was unable to obtain a commercial hard clam endorsement due to active military service; or

[2]

Held a commercial shellfish harvest permit issued by the Town of Islip, Brookhaven, or Babylon during any five consecutive years while a resident of the Town of Islip, Brookhaven, or Babylon; or

[3]

The resident's immediate family has historically been and is currently engaged in commercial hard clamming in the Great South Bay, provided that the applicant is at least 16 years old at the time of application; or

[4]

Demonstrates an investment in the equipment necessary for participation in the Great South Bay commercial hard clam fishery and possesses a valid NYS shellfish digger's license and held such license for at least three out of the five years prior to the date of application; or

[5]

Held a commercial hard clam endorsement or its equivalent while a resident of the Town of Islip or Babylon.

(e)

If a commercial hard clam endorsement is not renewed by February 14 of the year following its issuance, the commercial hard clam endorsement shall be deemed to have expired and will not be reissued to that holder unless the number of commercial hard clam endorsements for that year has not been reached and the applicant has met the criteria set forth in Subsection B(1)(f).

(f)

If an individual does not qualify for a commercial hard clam endorsement but wishes to obtain such endorsement, that individual shall be placed on a waiting list. If after February 14 the number of commercial hard claim endorsements issued for that year is less than the number that could be issued, individuals on the waiting list will be issued a commercial hard clam endorsement based on their position on the waiting list.

(2)

Number of commercial hard clam endorsements. The number of commercial hard clam endorsements issued in 2013 shall be 130 plus the number of commercial hard clam endorsements issued to individuals meeting criteria Subsection B(1)(d) above. For each subsequent year, the number of endorsements issued shall not exceed the total number of endorsements issued in the previous calendar year.

(a)

The Town Board, by resolution, may annually adjust the number of commercial hard clam endorsements issued by the Town in a calendar year if the Town Board, based on the recommendation of the Division of Environmental Protection as set forth in Subsection B(2)(a)[1] and any other relevant information, finds that the long-term sustainability of the hard clam resources will not be adversely impacted by the number of commercial hard clam endorsements issued.

[1]

The Division of Environmental Protection shall annually submit to the Town Board by October 31 a report that recommends the number of commercial hard clam endorsements that could be issued in the following year without adversely impacting the long-term sustainability of the hard clam resource that is based on the best available scientific analyses and takes into account, at a minimum, the abundance of hard clams as determined by a hard clam census, available annual harvest statistics, the magnitude of the commercial shellfish harvesting, the current and projected hard clam harvest, the number of commercial hard clam endorsements issued by the Towns of Brookhaven, Babylon and Islip, the baywide hard clam population and any other relevant information.

(3)

The person to whom a commercial hard clam endorsement has been issued shall not harvest or be in possession of more than 2,000 hard clams harvested 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 which is coincident with the property line between The Nature Conservancy property and the Town of Brookhaven.