Oyster Bay weighs 6-month shell fishing ban in parts of 2 harbors, irking baymen
Clams are washed aboard a Frank M. Flower & Sons fishing boat in Oyster Bay in January 2020. Credit: Barry Sloan
Oyster Bay is weighing a six-month ban on shell fishing in parts of Oyster Bay and Cold Spring harbors as soon as October, when a private company's lease to farm the underwater area expires.
The proposed moratorium comes as the town is set to gain access to more than 1,400 acres of underwater land. Frank M. Flower & Sons, a private shellfish vendor, has harvested the grounds exclusively since 1994. With the company's lease set to expire on Sept. 30, Oyster Bay officials are mulling the area's future before any more shell fishing takes place. In the interim, town officials want to study the health of the bay bottom and determine how many shellfish are out there after the company leaves. But local baymen want access to the area sooner and are eager to start harvesting.
The moratorium would last for six months, and the town board will have the option to extend it, according to the proposal. A hearing on the issue is set for Aug. 13.
Christine Suter, director of Friends of the Bay, an environmental nonprofit, supported the temporary ban during a town board meeting on Tuesday.
"We believe it's very important to take that time when that lease is up to study those lands, evaluate them and see what's left," Suter said, referring to the shellfish population.
But the baymen, who have been shut out of the underwater land for decades, are opposed to the town's approach.
The town should let fishermen have access to the area once the lease expires, said Bill Painter, president of the North Oyster Bay Baymen’s Association.
"For them to not return that to the public is absolutely mind-blowing," Painter said in an interview. "Now we're going to close the land that we're finally going to get back?"
Oyster Bay and Frank M. Flower & Sons have been embroiled in litigation.
The town sued the company in June 2023, alleging Frank M. Flower & Sons had violated its lease.
The company stopped giving the town clam seedlings to be planted in unleased waters, according to the town's complaint. The company was required to provide a million seedlings annually, town officials said.
The company denied the allegations. In 2021, Frank M. Flower & Sons began making payments to the town in lieu of providing the seedlings, company officials said.
Frank M. Flower & Sons stopped seeding the bay in 2019 because they did not know whether their lease would be renewed, company officials said.
In May, a state Supreme Court judge denied the town’s bid to terminate the lease early. The company filed a counterclaim seeking financial damages and a new lease.
Brian Nevin, a town spokesman, said he does not expect the moratorium to last for more than a year.
A lawyer for Frank M. Flower & Sons did not immediately respond to a request for comment about the moratorium.
Oyster Bay is weighing a six-month ban on shell fishing in parts of Oyster Bay and Cold Spring harbors as soon as October, when a private company's lease to farm the underwater area expires.
The proposed moratorium comes as the town is set to gain access to more than 1,400 acres of underwater land. Frank M. Flower & Sons, a private shellfish vendor, has harvested the grounds exclusively since 1994. With the company's lease set to expire on Sept. 30, Oyster Bay officials are mulling the area's future before any more shell fishing takes place. In the interim, town officials want to study the health of the bay bottom and determine how many shellfish are out there after the company leaves. But local baymen want access to the area sooner and are eager to start harvesting.
The moratorium would last for six months, and the town board will have the option to extend it, according to the proposal. A hearing on the issue is set for Aug. 13.
Christine Suter, director of Friends of the Bay, an environmental nonprofit, supported the temporary ban during a town board meeting on Tuesday.
"We believe it's very important to take that time when that lease is up to study those lands, evaluate them and see what's left," Suter said, referring to the shellfish population.
But the baymen, who have been shut out of the underwater land for decades, are opposed to the town's approach.
The town should let fishermen have access to the area once the lease expires, said Bill Painter, president of the North Oyster Bay Baymen’s Association.
"For them to not return that to the public is absolutely mind-blowing," Painter said in an interview. "Now we're going to close the land that we're finally going to get back?"
Oyster Bay and Frank M. Flower & Sons have been embroiled in litigation.
The town sued the company in June 2023, alleging Frank M. Flower & Sons had violated its lease.
The company stopped giving the town clam seedlings to be planted in unleased waters, according to the town's complaint. The company was required to provide a million seedlings annually, town officials said.
The company denied the allegations. In 2021, Frank M. Flower & Sons began making payments to the town in lieu of providing the seedlings, company officials said.
Frank M. Flower & Sons stopped seeding the bay in 2019 because they did not know whether their lease would be renewed, company officials said.
In May, a state Supreme Court judge denied the town’s bid to terminate the lease early. The company filed a counterclaim seeking financial damages and a new lease.
Brian Nevin, a town spokesman, said he does not expect the moratorium to last for more than a year.
A lawyer for Frank M. Flower & Sons did not immediately respond to a request for comment about the moratorium.
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Newsday Live Music Series: Long Island Idols Newsday Live presents a special evening of music and conversation with local singers who grabbed the national spotlight on shows like "The Voice," "America's Got Talent,""The X-Factor" and "American Idol." Newsday Senior Lifestyle Host Elisa DiStefano leads a discussion and audience Q&A as the singers discuss their TV experiences, careers and perform original songs.
