Part 41 - Sanitary Conditions of Shellfish Lands Express Terms - NYS Dept. of Environmental Conservation

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Part 41 - Sanitary Conditions of Shellfish Lands Express Terms

Express Terms

6 NYCRR Part 41 is amended to read as follows:

Clause 41.2(b)(1)(ii)('e') is amended to read as follows:

('e') [All] During the period of November 1 through April 30, both dates inclusive, all that area of East Bay and all other bays, creeks, canals and tributaries lying [east and within the boundaries north 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 Meadow Brook 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, connection Green Island with Great (Low) Island, [and south f a line extending westerly to the westernmost point of land of Big Crow Island on Neds Creek.] then continuing northerly along the shoreline to the westernmost point of Great (Low) Island, and continuing northwesterly to the southernmost point of land at Whaleneck Point, and lying south and east of a line extending southwesterly to the northernmost tip of Big Crow Island at Neds Creek, continuing along the western shore of Big Crow Island, to the southwestern corner of the Fundy Channel Bridge of the Meadowbrook Parkway on West Crow Island.

Clause 41.2(b)(3)(ii)('c') is amended to read as follows:

('c') All that area of West Pond and that portion of outer Hempstead Harbor lying [southerly and easterly of a line extending northerly from the westernmost end of the rock jetty, located southerly of the mouth of West Pond, to the westernmost end of the rock jetty with adjacent wooden walkway, located on Dosoris Island, northerly of the mouth of West Pond (local names, local landmarks).] between lines extending 500 feet northwesterly from the seaward ends of the rock jetties on each side of the entrance to West Pond (local names, local landmarks).

Subparagraph 41.3(b)(4)(xiv) is amended to read as follows:

(xiv) [Noyac] Noyack Creek. During the period May 1[st] through November 30[th] (both dates inclusive) all that area of [Noyac] Noyack Creek lying southerly of a line extending southwesterly from the southwesternmost point of land on Clam Island to the opposite shoreline located at Morton National Wildlife Refuge in Noyack.

Clauses 41.3(b)(4)(xv)('a'), ('b') and ('c') are amended to read as follows:

('a') During the period May [15th] 1 through [October 15th] November 30 (both dates inclusive), all that area of Cold Spring Pond within the former Lobster Inn Boat Basin (local names, local landmark), lying northwest of a line extending northeasterly along the fixed wooden dock of the former Lobster Inn Restaurant to the opposite shoreline, and all that area lying southeast of a line extending southwesterly from the northwesternmost point of land on the unnamed peninsula bordering the northeastern side of the cove, continuing southwesterly to the opposite shoreline (adjacent to the former Lobster Inn Restaurant).

('b') During the period January [1st] 1 through December [31st] 31 (both dates inclusive), all that area of the former Lobster Inn Boat Basin lying southeast of a line extending northeasterly along the fixed wooden dock of the former Lobster Inn Restaurant to the opposite shoreline.

('c') During the period May [1st]1 through November [30th] 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.

Subparagraph 41.3(b)(5)(vii) is amended to read as follows:

(vii) [During the period May 15th through October 15th (both dates inclusive), all] Devon Yacht Club. All that area of the Devon Yacht Club Boat Basin (local name), located on the southern side of Napeague Bay.

Clause 41.3(b)(5)(viii)('a') is amended to read as follows:

('a') Alewife Pond. All that area of Alewife Pond, including entrance channel and all that area of Northwest Harbor, within [50] 300 yards in all directions from the inlet of Alewife Pond.

Clause 41.3(b)(5)(ix)('c') is amended to read as follows:

('c') In the absence of [the] one or both painted markers, all of Northwest Creek is uncertified.

Clause 41.3(b)(7)(iii)('c') is amended to read as follows:

('c') Wickham Creek. During the period of May 15 through October 31, both dates inclusive, all that area of Wickham Creek and its tributaries.

Subclauses 41.3(b)(7)(iii)('c')('1') and ('2') are repealed.

Subclause 41.3(b)(7)(iii)('c')('3') is renumbered Subclause 41.3(b)(7)(iii)('c')('1').

Clause 41.3(b)(7)(xi)('e') is amended to read as follows:

('e') West Creek. During the period of [May 1 through November 30] January 1 through December 31, both dates inclusive, all that area of West Creek [including], and all that area of Great Peconic Bay within 750 feet in all directions of the southernmost point of the jetty on the east side of the mouth of West Creek.

Subclause 41.3(b)(7)(xii)('b')('2') is amended to read as follows:

('2') During the period [April 15 to December 31] May 1 through November 30, both dates inclusive, all that area of Jockey Creek, Town Creek and tributaries, lying west of a line extending southerly from the south end of Terry Road directly to the opposite shore.

Clause 41.3(b)(7)(xii)('d') is amended to read as follows:

('d') Goose Creek. During the period [April 15 through December 31] May 1 through November 30, both dates inclusive, all that area of Goose Creek lying south and west of the Goose Creek Bridge (local landmarks).

Clause 41.3(b)(7)(xiii)('a') is amended to read as follows:

('a') Oyster Ponds. During the period May 1[15th] through October 31[st], both dates inclusive, all that area of Orient Harbor [lying east of a line extending northerly from the tip of the northwesternmost dock of the Orient Yacht Club to the northernmost corner of the bulkhead at the shoreline at the foot of the Harbor River road] and its tributaries lying north and east of the fixed dock at Orient Yacht Club and then east of a line extending northerly from the northwestern corner of the northwestern most dock of the Orient Yacht Club to an orange marker on the beach 275 yards Northwest of the northernmost corner of the bulkhead at the foot of Harbor River Road and all that area of Oyster Ponds in its entirety.

Clauses 41.3(b)(7)(xiii)('c') and ('d') are repealed.

Clause 41.3(b)(7)(xiii)('e') is renumbered Clause 41.3(b)(7)(xiii)('c').

Renumbered Clause 41.3(b)(7)(xiii)('c') is amended to read as follows:

('c') Spring Pond. During the period January 1 through December 31, both dates inclusive, all that area of Spring Pond including tributaries, and all that area of Orient Harbor within 500 feet in all directions of the southeastern end of the easternmost bulkhead at the entrance to Spring Pond.

Clause 41.3(b)(7)(xiii)('f') is repealed.

Subparagraph 41.3(b)(7)(xv) is amended to read as follows:

(xv) Little Peconic Bay. Richmond Creek. During the period [April] May 1 through October 31, both dates inclusive, all that area of Richmond Creek lying west of a line extending north from the easternmost point of land at the south side of the mouth of Richmond Creek to the opposite shore.

Paragraph 41.3(b)(10) is amended to read as follows:

(10) Town of [Smith Town] Smithtown

Clauses 41.3(b)(10)(i)('a') and ('b') are amended to read as follows:

('a') All that area of Smithtown Bay, including the Nissequogue River and its tributaries and Sunken Meadow Creek, lying south of a line extending northeasterly from the flagpole at the East Bath House at Sunken Meadow State Park (local landmark) to Buoy BW "NR", located (at coordinates 40⁰ 55.395' N latitude and 73⁰ 13.745' W longitude), approximately one mile north of the mouth of the Nissequogue River, thence southeasterly to the flagpole located at the Town of Smithtown Beach at Short Beach (local landmark).

('b') All that area within a one-half mile radius of Buoy BW "NR", (at coordinates 40⁰ 55.395' N latitude and 73⁰ 13.745' W longitude), approximately one mile north of the mouth of the Nissequogue River.