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Part 41, Section 41.3 - Sanitary Condition of Shellfish Lands - Express Terms

Express Terms

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

Existing clause 41.3(b)(1)(i)('e') is amended to read as follows:

('e') During the period May 15 through September 30, both dates inclusive, all that area of Great South Bay, including the Oak Island Channel, the State Boat Channel, and the "Lead" (local names), lying southerly and easterly of Oak Island and southerly of a line extending westerly from the westernmost point of land at Seganus Thatch at the former site of the State Channel Marina (local name), to the northernmost point of the bulkhead protecting the residence at number 58 Oak Island (said residence is a yellow, two-story house), continuing southeasterly around the northeast facing shoreline of Oak Island to its easternmost tip and continuing southwesterly to a point located immediately opposite the residence at number 8 Oak Island; and all that area lying easterly of a line extending southerly from the chimney at the western corner of the residence at number 8 Oak Island (said residence is a one-story wood shingle house with a green roof), proceeding southerly across "the Lead" (local name), to utility pole number 468 on the north side of Ocean Parkway, Jones Beach Island; and all that area lying northerly of a line extending easterly from utility pole number 468 to utility pole number 478 on the north side of Ocean Parkway, Jones Beach Island; and all that area lying westerly of a line extending northeasterly across the State Boat Channel to the southernmost point of land at Seganus Thatch, thence proceeding northwesterly along the shoreline to the westernmost point of land at Seganus Thatch.

Existing clause 41.3(b)(4)(vii)('a') is amended to read as follows:

('a') All that area, including tributaries, lying westerly of a line extending [northerly] northwesterly along the breakwater located at the entrance to Sag Harbor (local landmark) and thence continuing northerly from the northern end of the [break water] breakwater to the northeasternmost extremity of the timber bulkhead protecting the shoreline adjacent to 28 East Harbor Drive, North Haven (local landmark); and easterly of the westernmost portions of the fixed bridge connecting North Haven Peninsula and Sag Harbor (local landmark).

Existing clause 41.3(b)(5)(i)('a') is amended to read as follows:

('a') All that area, including tributaries, lying westerly of a line extending [northerly] northwesterly along the breakwater located at the entrance to Sag Harbor (local landmark) and thence continuing northerly from the northern end of the breakwater to the northeasternmost extremity of the timber bulkhead protecting the shoreline adjacent to 28 East Harbor Drive, North Haven (local landmark); and easterly of the westernmost portions of the fixed bridge connecting North Haven Peninsula and Sag Harbor (local landmark).

'Note:' All reference points in Sag Harbor in the Town of East Hampton taken from N.O.A.A. Nautical Chart No. 12358 dated [December 1, 1984] July 9, 2011 , except as indicated as "local landmarks." N.O.A.A. charts are available from N.O.A.A.

Existing clause 41.3(b)(5)(ix)('a') is repealed.

New clauses 41.3(b)(5)(ix)('a') , ('b') and ('c') are adopted to read as follows:

('a') During the period January 1 through December 31, both dates inclusive, all that area of Northwest Creek and its tributaries lying south of a line extending between two orange markers located approximately 750 yards south of the inlet into Northwest Creek.

('b') During the period May 1 through December 14, both dates inclusive, all that area of Northwest Creek lying south of a line extending east from the northernmost tip of land, exposed at mean high water, on the western side of the inlet connecting the creek into Northwest Harbor to the opposite shoreline, and northerly of the line described in clause ('a'), above.

('c') In the absence of the painted markers, all of Northwest Creek is uncertified.

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

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

('c') Wickham Creek

('1') All that area northwest of a line extending westerly from an orange marker on the north shore (approximately 750 feet west of the marina) to an orange marker on the opposite shoreline.

('2') During the period May 15 through October 31, both dates inclusive, all that area of lying southeast of a line extending westerly from an orange marker on the north shore (approximately 750 feet west of the marina) to an orange marker on the opposite shoreline.

('3') In the absence of the orange markers all of Wickham Creek is uncertified.

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

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

(iv) Mattituck Inlet and Mattituck Creek

('a') During the period April 16 through January 14, both dates inclusive all that area north of a line extending easterly from an orange marker near the red shack on the south side of the entrance to Howards Creek (local landmark), to an orange marker near the flagpole serving the residence at 1085 West View Drive (local landmark), and the area of Howards Creek lying easterly of a line extending northwesterly from an orange marker near the dock serving the residence at 1175 Point Pleasant Road to an orange marker near the dock serving the residence located on Fox Hollow Road on the opposite shore.

('b') All that area south of a line extending easterly from an orange marker near the red shack on the south side of the entrance to Howards Creek (local landmark), to an orange marker near the flagpole serving the residence at 1085 West View Drive (local landmark), and the area of Howards Creek lying west of a line extending northwesterly from an orange marker near the dock serving the residence at 1175 Point Pleasant Road to an orange marker near the dock serving the residence located on Fox Hollow Road on the opposite shore.

Existing clause 41.3(b)(7)(vii)(a) is amended to read as follows:

(a) During the period January 1 through December 31, both dates inclusive, all that area of Hashamomuck Pond and Long Creek lying west of a line extending southerly from the orange marker located on the shore at the Terrace Garden Colony Cottages to the opposite shoreline; and lying southerly of the line extending easterly from the orange marker located on the shoreline of the residence at [645] 1645 Mill Creek Drive to the orange marker on the opposite shore.

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