Councilor Doxsee said that a September 1997 court decision had upheld a 10:1 price differential between nonresident and resident license fees. However, at a recent meeting of the Surf Clam/Ocean Quahog Management Advisory Board, a lawyer from DEC had said that only a 5:1 differential would likely sustain a court challenge. He asked for an explanation. Mr. Colvin explained that there was no magic number; case law was applied differently for commercial, noncommercial, migratory, and nonmigratory situations. New York had gone as high as ten to one. DEC lawyers were uncomfortable with high differentials, but not with the existence of a differential. Mr. Doxsee expressed his disappointment that the Council’s earlier recommendation to raise the cost of an out-of- state shellfish diggers license from a proposed $150 "to the maximum allowed by law" had been ignored. Councilor Yaxa said that he been asking that the DEC impose a moratorium on issuing new shellfish digger licenses because the fishery was overfished. New York State had a transplant program on Raritan Bay limited to 81 diggers, 25-30 of whom were nonresidents taking this significant economic opportunity away from local fishermen. Nonresidents are getting this valuable license for only $150, while New York residents must pay thousands of dollars to get one out of state, if it is allowed at all.

Mr. Wise said that both the cost of nonresident licenses and the imposition of a moratorium on clam digging licenses should be raised in a January meeting with legislative staff. Councilor Yaxa said he was gathering letters from all of the bayman associations on Long Island. Mr. Wise read a letter from Arnold Leo, Secretary of the East Hampton Bayman Association, supporting the idea of a moratorium on issuing shellfish permits. Councilors King and Sullivan revisited the issue of reciprocity with nonresident shellfish licenses. Mr. Colvin cautioned that there would have to be very careful legal scrutiny of any legislation or regulation treating residents differently from nonresidents

The Council adopted a motion to recommend to the State Legislature that it introduce a bill requiring that nonresidents pay the maximum allowed by law for shellfish licenses. The vote was 11 in favor; 0 opposed; 1 abstention.