Oyster Bay: Oyster Bay Harbor
Pursuant to the provisions of 6NYCRR, Section 47.3(b), the New York State Department of Environmental Conservation, in cooperation with the Town of Oyster Bay, will initiate a "conditional shellfish harvesting program" on December 12, 2012 for a portion of the uncertified shellfish lands in Oyster Bay Harbor, as described below and excerpted from 6 NYCRR, Part 41 "Sanitary Condition of Shellfish Lands."
To participate in this program, please take note of the following:
1. Program Duration:
This program will be in effect from December 12, 2012 through March 31, 2013 (both dates inclusive). Harvesting shall be prohibited in the conditional area before 8:00 am and after 4:00 pm on those days that the area is in the "open" status. Many towns operate the same program(s) from year to year. This page will be left up after the program ends to provide general information on conditional programs within the Town of Oyster Bay.
2. Conditional Harvesting Area Descriptions:
Oyster Bay Harbor: All the uncertified shellfish lands in the southern portion of Oyster Bay Harbor as described in clause (4)(ii)(a) in the Notice to All Shellfish Harvesters, Notice of Sanitary Condition of All Shellfish Lands in of Adjacent to the Town of Oyster Bay, Nassau County, State of New York, dated January 1, 2013.
Except, all that area within 500 yards of the Oyster Bay sewage outfall located offshore, northeasterly of the northern terminus of Florence Avenue, as marked by stakes topped with black and white checkered flags; and,
Except, all that area located westerly of a line extending due north from the landward end of the rock jetty located immediately north of the Town of Oyster Bay boat ramps in Theodore Roosevelt Memorial Park; and,
Except, all that area located within the Town Marina at Theodore Roosevelt Memorial Park; and,
Except, all that area located within the perimeter of any in-water fixtures (pilings and docks) serving the Oyster Bay Marine Center and Sagamore Yacht Club.
Exceptions Remain Uncertified.
That portion of Oyster Bay Cove that is designated as uncertified year round is not included in this conditional harvesting program and the harvest of shellfish in that portion of Oyster Bay Cove is prohibited.
3. Conditions To Be Met:
When not more than 0.25 inches of liquid precipitation is recorded for each of seven successive days, the area may be "opened" (certified) for harvesting on the eighth day and may remain "open" until more than 0.25 inches of precipitation is recorded in 24 hours. Additionally, the Oyster Bay wastewater treatment plant (WWTP) must operate with no malfunctions that could result in the discharge of less than fully treated effluent into Oyster Bay Harbor.
Town of Oyster Bay personnel will determine the amount of precipitation that is recorded daily, Wastewater treatment plant staff will determine whether the facility operated effectively.
4. Public Notification:
Daily Status Message (open or closed) at 516-677-5350.
Daily, town personnel will determine the status of the area based on precipitation and operations of the WWTP. A message advising harvesters of the status of the area will be available by calling 516-677-5350 after 7:30 am, seven days a week. Callers shall ask if the area is "open" and verify that the "open" message applies to that specific day and date.
Prior to harvesting in this area, it is the responsibility of each harvester to determine that the area is in the "open" status for that particular day by calling the phone number above. Until the "open" message is available via the public notification system described above, the area is uncertified and the harvest of shellfish is prohibited.
A copy of the signed order designating the area as "open" or "closed" will be posted at the Bureau of Marine Resources offices in East Setauket. Telephone calls regarding the status of the area may also be made to DEC Marine Resources at 631-444-0475 from 8:30 am to 4:45 pm, weekdays only.
5. Special Conditions:
Harvesting will not be permitted on Christmas Day, December 25, 2012 or New Year's Day, January 1, 2013.
The boundary of the closed safety zone (500 yard radius) around the Oyster Bay waste water treatment plant discharge shall be marked with stakes topped with black and white flags. Removal of the stakes shall result in suspension or termination of the program.
Any closures that may result from malfunctions of the Oyster Bay WWTP must last longer than seven (7) days. In those circumstances, the area will not re-open until water sampling and/or testing of shellfish determines that water quality in the area meets certified area criteria under the conditions and provisions of this program.
This "conditional shellfish harvesting program" may be suspended, revised or terminated at any time if bacteriological water quality is found to be in contraventions of the standards for certified shellfish lands or if any other condition is found to exist which may be a threat to public health.