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Part 41 - Sanitary Condition of Shellfish Lands - Express Terms Adopted January 29, 2014

Express Terms

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands is amended to read as follows:

Section 41.0 through clause 41.2(b)(1)(ii)('a') remains unchanged.

Existing clauses 41.2(b)(1)(ii)('b') through ('h') are repealed.

New clauses 41.2(b)(1)(ii)('b') through ('f') are adopted to read as follows:

('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 Waterways East Marina at Point Lookout.

('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.

('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.

('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.

('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.

Existing subparagraph 41.2(b)(1)(iii) through clause 41.3(b)(2)(i)('b') remain the same.

Existing clauses 41.3(b)(2)(i)('c') through ('e') are repealed.

New clause 41.3(b)(2)(i)('c') is adopted to read as follows:

('c') 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.

Existing clauses 41.3(b)(2)(i)('f') through 41.3(b)(2)(i)('m') are renumbered 41.3(b)(2)(i)('d') through 41.3(b)(2)(i)('k').

Existing subparagraph 41.3(b)(2)(ii) through subparagraph 41.3(b)(3)(i) remains unchanged.

Existing clause 41.3(b)(3)(i)('a') and ('b') are repealed.

New clause 41.3(b)(3)(i)('a') is adopted to read as follows:

('a') All that area of Nicoll Bay, Connetquot River, Brickiln Creek (local name) and all tributaries, creeks and canals lying northerly of a line extending northeasterly between Nicoll Point at the southernmost point of land at Heckscher State Park and a point lying 1830 yards due south of the southwestern corner of the town dock at Blue Point Avenue.

Existing clauses 41.3(b)(3)(i)('c') through 41.3(b)(3)(i)('j') are renumbered 41.3(b)(3)(i)('b') through 41.3(b)(3)(i)('i').

Subparagraph 41.3(b)(3)(ii) through clause 41.3(b)(3)(v)('c') remain unchanged.

Existing clause 41.3(b)(3)(v)('d') is repealed.

New clause 41.3(b)(3)(v)('d') is adopted to read as follows:

('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 boat basin at Tadsen's Fishing Station and Marina (local name) lying approximately 450 feet east of said marina.

Clause 41.3(b)(3)(v)('e') through clause 41.3(b)(4)(iii)('m') remain unchanged.

Existing clause 41.3(b)(4)(iii)('n') is repealed.

New clause 41.3(b)(4)(iii)('n') is adopted to read as follows:

('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.

Subparagraph 41.3(b)(4)(iv) through clause 41.3(b)(4)(xv)('b') remain unchanged.

New clause 41.3(b)(4)(xv)('c') is adopted to read as follows:

('c') During the period May 1st through November 30th, 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)(4)(xvi) through clause 41.3(b)(5)(iv)('e') remain unchanged.

Existing clause 41.3(b)(5)(iv)('f') is repealed.

New clause 41.3(b)(5)(iv)('f') is adopted to read as follows:

('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 1st through November 30th, both dates inclusive, all that area within a 500 foot radius in all directions of the entrance to Hands Creek.

Clauses 41.3(b)(5)(iv)('g') through 41.3(b)(5)(x)('b') remain unchanged.

Existing clause 41.3(b)(5)(x)('c') is repealed.

New clauses 41.3(b)(5)(x)('c') and ('d') are adopted to read as follows:

('c') During the period January 1st through December 31st, 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 marker on the opposite western shoreline.

('d') During the period May 1st through November 30th, 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 western shoreline, and south of the line described in clause ('c') above.

Subparagraph 41.3(b)(5)(xi) through subparagraph 41.3(b)(7)(viii) remains unchanged.

Existing subparagraph 41.3(b)(7)(ix) is repealed.

New subparagraph 41.3(b)(7)(ix) is adopted to read as follows:

(ix) Gull Pond.

('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, to the opposite shoreline (1625 Gull Pond Lane).

('b') During the period April 1st through December 14th, 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 northeastern side of the entrance to Gull Pond (local landmarks).

Subparagraph 41.3(b)(7)(x) through clause 41.3(b)(7)(xi)('b') remain unchanged.

Existing clause 41.3(b)(7)(xi)('c') is repealed.

New clause 41.3(b)(7)(xi)('c') is adopted to read as follows:

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

Clause 41.3(b)(7)(xi)('d') through clause 41.3(b)(9)(iii)('d') remain unchanged.

Existing subparagraph 41.3(b)(9)(iv) is repealed.

New subparagraph 41.3(b)(9)(iv) is adopted to read as follows:

(iv) Stony Brook Harbor and Smithtown Bay.

('a') During the period of May 1st through October 31st, 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.

('b') During the period May 1st through October 31st, 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 of the dredge 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.

('c') All that area of Stony Brook Creek (local name) and tributaries lying south and east of a line extending northerly from the northwesternmost corner of the two story residence at 15 Emmet Drive (said residence is a beige, two-story house with five large brick chimneys) to the landwardmost end of the southernmost fixed dock at Stony Brook Boat Works (located on the western side of Shore Road, Stony Brook, local landmarks).

('d') All that area of Stony Brook Harbor and tributaries lying south of a line extending southeasterly from an orange marker located near the shoreline below the residence at 25 Spring Hollow Rd (Village of Nissequogue) to an orange marker located at the northwestern end of the unpaved road known locally as Hitherbrook Extension (local names and local landmarks).

('e') During the period May 15th through October 31st, both dates inclusive, all that area of Stony Brook Harbor and tributaries lying south of a line extending southeasterly from the southernmost red brick chimney on the Knox School located at 541 Long Beach Road in the incorporated Village of Nissequogue (said school is a 3-story red brick building, local landmark) to the southernmost chimney on the residence at 121 Harbor Road in the incorporated Village of Head of the Harbor (said residence is a white 3-story structure with dark shutters and three chimneys and is located on the Thatch Meadow Farm property, local landmark).

('f') All that area of West Meadow Creek and tributaries lying north of a line extending easterly from the southernmost tip of West Meadow Beach exposed at mean high water to the southernmost corner of the wooden bulkhead along the shoreline of West Meadow Creek and on the property at 21 Shore Oaks Drive, Stony Brook (local landmarks).

('g') During the period May 15th through October 31st, both dates inclusive, all that area of the Town of Smithtown Marina (local name) or boat basin and the entrance channel, which serves to connect said marina with Porpoise Channel (local name).

('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.

('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.

Subparagraph 41.3(b)(9)(v) through clause 41.3(b)(10)(i)('d') remains unchanged.

New clause 41.3(b)(10)(i)('e') is adopted to read as follows:

('e') During the period of May 1st through October 31st, 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.

Subparagraph 41.3(b)(10)(ii) remains unchanged.

Existing clauses 41.3(b)(10)(ii)('a') and ('b') are repealed.

New clauses 41.3(b)(10)(ii)('a') and ('b') are adopted to read as follows:

('a') During the period May 1st through October 31st, 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 northern tip of the dredge 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.

('b) All that area of Stony Brook Creek (local name) and tributaries lying south and east of a line extending northerly from the northwesternmost corner of the two story residence at 15 Emmet Drive (said residence is a beige two story house with five large brick chimneys) to the landwardmost end of the southernmost fixed dock at Stony Brook Boat Works (located on the western side of Shore Road, Stony Brook, local landmarks).

Existing clause 41.3(b)(10)(ii)('c') is amended to read as follows:

('c') All that area of Stony Brook Harbor and tributaries lying south of a line extending southeasterly from an orange [painted wood] marker located near the shoreline below the residence at 25 Spring Hollow Rd (Village of Nissequogue) to an orange [painted wood] marker located at the northwestern end of the unpaved road known locally as Hitherbrook Extension[,](local names and local landmarks).

Existing clause 41.3(b)(10)(ii)('d') is amended to read as follows:

('d') During the period May 15th through October 31st, both dates inclusive, all that area of Stony Brook Harbor and tributaries lying south of a line extending southeasterly from the southernmost red brick chimney on the Knox School located at 541 Long Beach Road in the incorporated Village of Nissequogue (said school is a 3-story red brick building, local landmark) to the southernmost chimney on the residence at [#]121 Harbor Road in the incorporated Village of Head of the Harbor (said residence is a white 3-story structure with dark shutters and three chimneys and is located on the Thatch Meadow Farm property, local landmark).

Existing clause 41.3(b)(10)(ii)('e') is amended to read as follows:

('e') All that area of West Meadow Creek and tributaries lying north of a line extending easterly from the southernmost tip of West Meadow Beach exposed at mean high water to the southernmost corner of the wooden bulkhead along the shoreline of West Meadow Creek on the property at 21 Shore Oaks Drive, Stony Brook (local landmarks).

Clause 41.3(b)(10)(ii)('f') remains unchanged.

New clauses 41.3(b)(10)(ii)('g') and ('h') are adopted to read as follows:

('g') 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.

('h') 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.

Paragraph 41.3(b)(11) through clause 41.3(b)(11)(v)('b') remain unchanged.

Existing subparagraph 41.3(b)(11)(vi) is repealed.

New subparagraph 41.3(b)(11)(vi) is adopted to read as follows:

(vi) Lloyd Harbor and Huntington Bay.

('a') All that area of Lloyd Harbor and Huntington Bay lying south and within the boundaries of a line extending northeasterly from the northernmost point of the concrete seawall protecting the shoreline of the property at 1 Lighthouse Point, Village of Lloyd Harbor (the residence on said property is a large, two-story brick structure with four twin-vented chimneys and is the second residence lying east of the northern terminus of Southdown Road; local names and local landmarks), to the highest point of the Lloyd Harbor Horn and continuing southeasterly to the western side of the blue, three story residence located at 1 Salty Way on the southern shoreline of Huntington Bay, approximately 200 yards east of the entrance to Huntington Harbor.

('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).

Subparagraph 41.3(b)(11)(vii) through Part 41.4 remains unchanged.

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