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Regulatory Changes

Recent changes in 6 NYCRR Part 41

These changes are in effect as of November 1, 2013 when they were filed with the Department of State. They will appear in the November 20, issue of the State Register.

Town of Hempstead

Hempstead Bay.

(Approximately 900 acres are reclassified as certified and 1,090 acres are reclassified as uncertified.)

41.2 (b)(1)(ii)(b) All that area of Reynolds Channel, Hempstead Bay, Sloop Channel, Jones Inlet and all other bays, creeks, canals and tributaries located west of the southbound lanes of the Meadowbrook State Parkway and lying west and north of a line extending southwesterly from the southbound lanes of the Fundy Channel Bridge of Meadowbrook Parkway connecting the southeast tip of Pettit Marsh to West Crow Island; and continuing to the easternmost point of land of High Meadow Island; and continuing southerly to the northwestern base of the Loop Parkway Bridge at the easternmost point of land at Alder Island; and continuing along the northwestern shoreline of Alder Island to the southbound lanes of the Loop Parkway Bridge; and continuing along the southern shore of Alder Island east of the Loop parkway bridge to the orange marker located 600' north of the easternmost boundary of the Town of Hempstead Conservation waterways East Marina; and west of a line extending southerly from said marker to the easternmost point of land on the eastern boundary of the Town of Hempstead Conservation and Waterways East Marina at Point Lookout.

41.2(b)(1)(ii)(c) All that area of East Bay, Hempstead Bay, and tributaries lying northerly of a line extending northwesterly between the westernmost point of land of Great (Low) Island and the southernmost point of land at Whaleneck Point.

41.2(b)(1)(ii)(d) All that area of East Bay and all other bays, creeks, canals and tributaries lying north and west of a line extending southwesterly from the southernmost tip of Whaleneck Point to the northernmost tip of Big Crow Island at Ned's Creek and continuing along the western shore of Big Crow Island and continuing to the southwestern corner of the Fundy Channel Bridge of the Meadowbrook Parkway on West Crow Island.

41.2(b)(1)(ii)(e) All that area of East Bay and all other bays, creeks, canals and tributaries lying east and within the boundaries of a line extending southerly from the westernmost point of land at Big Crow Island at Neds Creek to the southwestern corner of the Fundy Channel Bridge of the Meadowbrook Parkway on West Crow Island, and north of a line extending easterly from the southwestern corner of the Fundy Channel Bridge of the Meadowbrook Parkway on West Crow Island to the northwestern tip of the Sloop Channel Bridge of the Wantagh State Parkway connecting Green Island with Jones Beach State Park, and west of a line extending northerly along the western shoreline of Green Island to the southwestern tip of the Goose Creek Bascule Bridge of the Wantagh State Parkway connecting Green Island with Great (Low) Island, and south of a line extending westerly to the westernmost point of land of Big Crow Island on Neds Creek.

41.2(b)(1)(ii)(f) During the period May 15th through September 30th, both dates inclusive, all that area of the Short Beach Boat Basin, including entrance channels, lying southerly of Sloop Channel.

Town of Southold

Gull Pond.

41.3(b)(7)(ix)(a) All that area of Gull Pond lying northwest of a line extending southerly from the southernmost point of the bulkhead located at 706 Wiggins Lane, the opposite shoreline (36 Blacksmith Court). (Approximately 3 acres are reclassified from seasonally uncertified to uncertified.)

41.3(b)(7)(ix)(b) During the period April 1 through December 14, both dates inclusive, all that area of Gull Pond, including tributaries, lying north and northwest of a line extending northeasterly from the southeastern end of the wood bulkheaded jetty protecting the southwestern side of the entrance to Gull Pond to the southeastern end of the wood bulkheaded jetty protecting the northerneastern side of the entrance to Gull Pond (local landmarks).

Deep Hole Creek.

41.3(b)(7)(xi)(c) During the period May 1 through November 30, both dates inclusive, all the area of Deep Hole Creek, and all that area of Great Peconic Bay within 500 yards in all directions of the northernmost tip of Marratooka Point (local name). (Approximately 75 acres are reclassified from certified to seasonally uncertified.)

Town of Brookhaven

Moriches Bay.

41.3(b)(3)(v)(d) During the period May 15th through September 30th, both dates inclusive, all that area of Moriches Bay lying within a 600 foot radius in all directions from the southernmost point of land on the rock jetty at the boat basin formerly known as Cerullo Brothers Fishing Station, East Moriches (local name), including all that area of the former Cerullo Brothers Fishing Station, and the unnamed boat basin lying approximately 450 feet east of said marina. (Approximately 17 acres are reclassified from certified to seasonally uncertified.)

Towns of Brookhaven and Smithtown

Smithtown Bay.

41.3(b)(9)(iv)(a) During the period of May 1 through October 31, both dates inclusive, all that area of Smithtown Bay located within 1,000 yards of the landward end of the northernmost rock jetty on the eastern side of the entrance to Stony Brook Harbor. (Approximately 195 acres are reclassified from certified to seasonally uncertified.)

Stony Brook Harbor.

41.3 (b)(9)(iv)(b) During the period May 1 through October 31, both dates inclusive, all that area of the entrance to Stony Brook Harbor and the Stony Brook Boat Channel lying south of a line extending westerly from the landward end of the northernmost rock jetty on the eastern shore of the entrance to Stony Brook Harbor to the northeasternmost point of land on Long Beach on the western shore of the entrance to Stony Brook Harbor; and east of a line extending southerly from the northeasternmost point of land on Long Beach to the northeastern tip for the dridge spoil island known as Youngs Island (local name) separating the Stony Brook Boat Channel and Porpoise Channel; and continuing along the high tide line of the southern shore of Youngs Island to the orange marker located northwest of the entrance to Stony Brook Creek and extending southeasterly to the southwestern corner of the two-story residence located at 15 Emmet Drive located on the opposite shore in the incorporated Village of Head of the Harbor, west of Stony Brook Creek. (Approximately 30 acres are reclassified from certified to seasonally uncertified.)

41.3(b)(10)(ii)(h) All that area of the unnamed tidal pond and creek located on the western shore of Stony Brook Harbor at the Nissequogue Golf Club, and all that area of Stony Brook Harbor within a 100 yard radius of the inlet to said tidal pond and creek. (Approximately 5 acres are reclassified from seasonally uncertified to uncertified.)

41.3(b)(10)(ii)(i) All that area of the unnamed tidal inlet located on the eastern shore of Stony Brook Harbor between Piper Lane and Arbor Lane and all that area of Stony Brook Harbor within a 150 yard radius of the entrance to said inlet. (Approximately 9 acres are reclassified from seasonally uncertified to uncertified.)

Towns of Brookhaven and Islip

Nicoll Bay.

41.3(b)(2)(i)(c) and 41.3(b)(3)(i)(a) All that area of Nicoll Bay, Connetquot River, Brickiln Creek (local name) and all tributaries, creeks and canals lying north of a line extending northeasterly between Nicoll Point at the southernmost point of land at Heckscher State Park and a point lying 1830 yards south of the southwestern corner of the town dock at Blue Point Avenue. (Approximately 1204 acres are reclassified as uncertified.)

Town of East Hampton

Hands Creek - Three Mile Harbor.

41.3(b)(5)(iv)(f) All that area of Hands Creek, including tributaries, lying west of a line extending northerly from an orange marker located on the southern side of the Hands Creek entrance channel to the opposite shoreline; and during the period May 1 through November 30, both dates inclusive, all that area within a 500 foot radius in all direction of the entrance to Hands Creek. (Approximately 15 acres inside Hands Creek are reclassified from seasonally uncertified to uncertified year-round.)

Acabonac Harbor.

41.3(b)(5)(x)(c) During the period January 1 through December 31, all that area of the northernmost portion of Acabonac Harbor, including tributaries, lying north of a line extending westerly from the westernmost point of land of the property at 128 Gerard Drive to an orange mark on the opposite western shoreline.

41.3(b)(5)(x)(d) During the period May 1 through November 30, both dates inclusive, all that area of Acabonac Harbor lying west of a line extending southwesterly from the westernmost point of land of the property at 128 Gerard Drive to an orange marker located on the opposite shoreline, and south of the line described in clause (c) above. (Approximately 14 acres are reclassified from certified to seasonally uncertified.)

Town of Southampton

Shinnecock Bay - Daves Creek.

41.3(b)(4)(iii)(n) All that area of Daves Creek (East Quogue), lying within a 700 foot radius in all directions from the easternmost point of the fixed dock located at the residence at 69 Little Pine Lane (said residence is two-stories, half brick-half painted, with ornate white railings); and, all that area lying west of a line extending northerly from the easternmost point of land at Hampton Point (local name) to the foot of Walker Avenue, north of the inlet to Daves Creek. (Approximately 15 acres outside of Daves Creek are reclassified from certified to uncertified.)

Cold Spring Pond.

41.3(b)(4)(xv)(c) During the period May 1 through November 30, both dates inclusive, all that area of Cold Spring Pond lying northeast of a line extending southeasterly from an orange marker located on the northern shoreline in the northeastern corner of the pond to another orange marker located on the eastern shoreline adjacent to Shrubland Road. (Approximately 10 acres are reclassified from certified to seasonally uncertified.)

Town of Huntington

Lloyd Harbor and Huntington Bay.

41.3(b)(11)(vi)(b) During the period May 1st through October 31st, both dates inclusive, all that area of Lloyd Harbor lying west of a line extending southerly from the southernmost point of land, lying south of Lloyd Harbor Road and west of the intersection of Lloyd Harbor Road and Fiddlers Green Drive on the Lloyd Neck shoreline, to the western side of the Mill Pond Association paved parking area located at the end of School Lane on the opposite shore on West Neck (local names, local landmarks). (Approximately 170 acres are reclassified from certified to seasonally uncertified.)


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