Town calls for public hearing on shellfish
Saying that the town’s focus is to preserve and protect its marine environment, the Oyster Bay Town Board acted on two measures at its July 23 meeting.
First, it called for a public hearing Aug. 13 to consider a law establishing a six-month moratorium on shellfish harvesting in approximately 1,850 acres of underwater land in Oyster Bay and Cold Spring harbors.
“The message we are sending is that we are environmentalists first and foremost,” Town Supervisor Joseph Saladino said. “Oyster Bay wants to be the template for the rest of the United States — not only on mollusks and crustaceans, but on the preservation of all environmental resources.”
The underwater land is leased by the town to Frank M. Flower and Sons Inc., which has a 30-year agreement set to expire Sept. 30. Town officials said Flower has been mechanically dredging for clams and oysters, which has had “unknown but likely adverse effects.” The shellfish harvest had been supplemented with seeding by Flower, but seeding was halted by the company three years ago. Its mechanical dredge harvesting continued, however.
The Town sued Flower in 2023 in an effort to end Flower’s lease, based on what the town determined were breaches of the lease agreement. The litigation is pending.
The legislation calls for “a moratorium of shellfish harvesting concurrent with the expiration of the lease (to) prevent any further destruction of any residual beds of clams that may have survived the dredging activities and provide time for the Town of Oyster Bay to conduct studies of the post-dredging conditions on the former leased grounds.” The object of the moratorium is to “help to identify areas and actions needed for shellfish restoration,” said town officials.
If the law is adopted, harvesting disturbing shellfish within the 1,850 acres during the moratorium period would be prohibited, and no one would be allowed to “deploy or maintain bottom crab pots, traps or similar gear which have the potential to impact shellfish populations,” the law states. Traditional rod and reel fishing would continue to be permitted.
The moratorium can be extended by the Town Board in six-month incremental periods.
North Shore Baymens’ Association Secretary Robert Wemyss and other local baymen have expressed concerns as to part of the Town’s approach, with specific reference to restrictions on their ability to plant pots and traps for conch and crabs.
Saladino made it clear that he and the board are always open to information and feedback from the baymen and will continue to meet with them. “Just because pots and traps are not allowed in the beginning, that doesn’t mean that this will be a permanent moratorium on them,” responded Saladino. “We are going to let the science; the experience and the testing decide.”
In related matters, the town adopted a law changing the title of Conservation Management Areas to Marine Management Areas in the town code and broadening the definition of shellfish conservation.
This will enhance the town’s focus to include preservation, protection, restoration, water quality monitoring, and enhancement of habitat of a marine species of all kinds, including kelp, said town officials. That law was introduced at a hearing on May 21.
The newly adopted law also establishes the concept of “Shellfish Sanctuary, designated areas for planting shellfish and kelp and providing a safe haven for shellfish spawning and propagation. Once the town designates a specific area as a shellfish sanctuary, it will be unlawful to harvest, take, interfere with or otherwise disturb shellfish within that area.
Under the newly adopted law, the town has the final word on underwater areas designated by the town as marine management areas or shellfish sanctuaries, regardless of New York State Department of Environmental Conservation classification.
The management of all marine management areas, including any Shellfish Sanctuary that may be established, comes under the direct supervision of the town’s Department of Environmental Resources, and enforcement of any violations of the terms of such areas is under the purview of the Town’s Commissioner of Public Safety.
Christine Suter, executive director of Friends of the Bay spoke at both the May 31 and June 23 meeting supporting the town’s measures. She noted that local shellfish populations have been declining to the point where shellfish have to be imported for the annual Oyster Festival and stated that the Town’s efforts to build a large shellfish hatchery “is the right answer.
“Friends of the Bay applauds the Town for its proactive approach to restoring the shellfish populations of Oyster Bay and Cold Spring Harbor and for its efforts to revise its shellfish ordinances in particular,” she said.
The town maintains a shellfish hatchery in the waters at the eastern-end of Theodore Roosevelt Memorial Park, which has produced 12 Million shellfish seeds this year. The town plans build a new hatchery, which will put over 100 million seeds back in Town harbors every year.
The hearing on the proposed six-month moratorium on shellfish harvesting will take place at 10 a.m. on Aug. 13, at Oyster Bay Town Hall, 74 Audrey Ave., Oyster Bay.
