§ 183-17. Management areas.

A. 

The Town Board may, in its discretion, designate any portion of Town lands under water a management area.

B. 

An uncertified area shall be a management area.

C. 

The Commissioner of Environmental Control may prohibit, restrict and regulate the taking of shellfish from a management area. In making a determination whether to prohibit, restrict or regulate the taking of shellfish from a management area, the Commissioner of Environmental Control shall give due consideration to the following:

(1) 

Whether the shellfish in the management area have been sufficiently purified to be suitable as food for human consumption.

(2) 

Whether the first spawning period has passed for the shellfish in the management area.

(3) 

Whether a minimum quantity of shellfish is available within the management area for spawning until such time as desired quantities of shellfish are maintained.

(4) 

Recommendations from the Town of Babylon Bay Management Commission.

D. 

A description of each management area and all prohibitions, restrictions and regulations with regard to the taking of shellfish from a management area shall be posted in the office of the Town Clerk.