Charles Murphy of the North Shore Baymen's Association stated his Association's opposition to a legislative proposal raised by DEC that would consolidate the six categories of shellfish shippers permits from six to three and revise other aspects of the shellfish sales transaction activity. He indicated that this proposal was discussed at a meeting of DEC's Shellfish Advisory Committee, which now opposes it as potentially putting Long Island shellfish diggers at an unfair disadvantage. The DEC proposal would, in Mr. Murphy's view, limit clammers to selling their product only in Nassau and Suffolk Counties, when Manhattan is the biggest market in the East Coast, if not the world. He stated that baymen and clammers cannot support themselves by just selling their product to local buyers. Mr. Murphy asserted that out-of-state fishermen sell wherever they want in New York - - Manhattan, upstate New York, and thereby undercut prices.

Mr. Colvin stated that DEC's 2004 legislative proposals are still under development and he wasn't sure what bills will be or won't be introduced as legislation. He noted that the Department has received many comments regarding the issue raised by is and the DEC is very aware of this issue and will plan accordingly.

Mr. Murphy also questioned the DEC's proposal to expand the list of violations subject to mandatory license revocation to include the "rakes overboard" (in uncertified areas) violation. He felt that, at times, the exact water boundaries of areas not certified for shellfish harvesting are not easily discernable; it's very easy to stray a bit off course, as the proper buoys are often not in place.

Captain Otterstedt commented that, when a baymen is found harvesting shellfish from uncertified waters, he is charged with the, "taking from uncertified waters" violation. However, that serious charge is often resolved in court via a plea bargain down to a violation of the "rakes overboard" prohibition. Thus, leaving the penalties for "rakes overboard" substantially weaker than for "taking from uncertified waters" could predictably result in many persons who actually did take from uncertified waters getting off quite leniently. Councilor Dean Yaxa said that he feels penalties should also be aimed at the shellfish buyer, who is equally at fault. In his view, any shellfish buyer has a very good idea of where the clams he/she is buying were dug and whether they came from certified areas or not. Captain Otterstedt told Mr. Yaxa that DEC does follow up with the buyer after an apprehension has been made. The buyer's books are checked. If the evidence shows they were involved, they will be charged as well.

Gordon reminded Mr. Murphy and the Council that license revocation follows only after an individual has been tried and convicted for certain offenses; it is not something that is done lightly or without ample cause and evidence indicating an individual's culpability. Those charged with violations have ample opportunity to make a case before their case is decided that the DEC is making a mistake.

Chairman Wise asked Mr. Murphy to send him a written copy of his comments on his Association's letterhead. Should this particular DEC legislative proposal be one that is submitted by the Department to the Council for review next Spring, he would like to have the Association's views of it in hand, on paper.

 

Page last modified Wednesday, February 2, 2005 by George E. Carroll