Baymen’s association opposes moratorium in Town of Oyster Bay harbors

A group of independent baymen from Oyster Bay has voiced strong opposition to a proposed six-month moratorium on shellfishing in the town, arguing that the move is wrong and unfairly impacts their livelihood. The moratorium is intended to remain in place until the completion of an environmental study that is part of the town’s effort to restore shellfish populations in Oyster Bay’s waters.

The moratorium, if approved, would apply to roughly 1,850 acres of the town’s 3,210 acres of underwater land. Those 1,850 acres have been leased by the town to Frank M. Flower and Sons Inc. for the past 30 years. The lease is set to expire on Sept. 30.

There are approximately 17 independent baymen, according to Robert Wemyss, secretary of the North Oyster Bay Baymen’s Association, who criticized the proposal, saying, “There are so few baymen working that it will make no difference if they work while you do the study.”

The town has sued Flower for allegedly breaching the lease by mechanically dredging for clams and oysters, which, according to Oyster Bay Town Attorney William McCabe, has led to “unknown but likely adverse effects” on the environment. The company had supplemented shellfish harvests with seeding, but halted the practice three years ago, despite continuing mechanical dredging.

A report by Cashin Associates, the environmental engineering firm hired by the town, revealed a significant decline in shellfish harvests over the past decade. The report notes that “the reported harvest of clams in the harbor dropped from 95,322 bushels in 2016 to 31,751 bushels in 2022,” and “oyster harvests have nearly collapsed,” falling from 30,277 bushels in 2013 to just 15 bushels in 2022.

Al Samick, a past president of the Baymen’s Association, argued, “Let Cashin do its job and let the guys do their work; it’s not an either/or.” He asked, “How much damage can the 17 clammers that are left in the harbor do?” and concluded, “A moratorium is the wrong thing to do. The baymen would not be in anybody’s way as the study proceeds.”

The proposed moratorium would take effect after the expiration of Flower’s lease, and be followed by a detailed scientific study by Cashin. The town aims to develop a comprehensive harbor-wide marine resource management plan to restore shellfish populations.

Flowers' attorney, Al Amato, has requested a “carveout” allowing Flower to conduct its own study during the six-month period, with the results shared with the town. Flower partner Christa Reylea supported this request, saying, “We have always been environmentalists first and farmers second.”

Friends of the Bay, whose mission is to preserve and protect the ecological integrity and productivity of the Oyster Bay/Cold Spring Harbor Estuary, faced criticism from the baymen. They accused the group of defending Flower and not speaking out against mechanical dredging. Baymen’s Association President Bill Painter told the board, “The Friends of the Bay has never done a thing to speak out against mechanical dredging by Flower.”

Wemyss added that “Every chance that Flower gets, they lie, and for 27 of the 30 years of the lease, the Friends of the Bay was lying with them.”

In response, Friends of the Bay Executive Director Christine Suter defended the organization against those claims. “Claims that the Friends of the Bay is a surrogate of Flower are completely false,” she said. “We do not take donations from them; we do not have relations with them. This onslaught of incessant slander towards us on social media is sad.”

Oyster Bay Town Councilman Steve Labriola said that the town board needs to consider both Flower’s request to conduct its own study and the baymen’s request to continue hand harvesting while Cashin’s study is conducted. Labriola emphasized that the board must seek Cashin’s opinion on these matters before a decision is made. The hearing was adjourned, but remains open until Sept. 12.