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Part 41 Sanitary Condition of Shellfish Lands (2020) - 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:

('e') During the period of November [1st through April 30th,] 1 through May 31, both dates inclusive, all that area of East Bay and all other bays, creeks, canals and tributaries lying 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] northeasternmost end of the bascule 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] southeastern tip of the fixed Goose Creek Bridge of the Wantagh State Parkway, connecting Green Island with Great (Low) Island, then continuing northerly along the eastern side of the Goose Creek Bridge to the northeastern tip of the Goose Creek Bridge, then continuing northerly around the western [the] shoreline of Great (Low) Island 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)(1)(ii)('f') is amended to read as follows:

('f') Short Beach Boat Basin. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of the Short Beach Boat Basin, including entrance channels, lying southerly of Sloop Channel.

A new clause 41.2 (b)(1)(iii)('c') is added to read:

('c') Jones Inlet. All that area within Jones Inlet and the Atlantic Ocean lying north of a line extending southeasterly from the peak of the easternmost cupola of the Pink Hotel (local name, local landmark) to the Jones Inlet Light tower (located at the southern tip of the eastern jetty of Jones Inlet); and west of a line extending northerly from the Jones Inlet Light tower to the easternmost tip of the rock jetty at the eastern end of Lido Boulevard, Point Lookout (local landmark).

Existing clause 41.2(b)(1)(iv)('a') is repealed.

A new clause 41.2(b)(1)(iv)('a') is added to read as follows:

('a') All that area of South Oyster Bay and Great South Bay, including tributaries, creeks, and canals, between the east side of the northbound lanes of the Wantagh Parkway and the west side of the southbound lanes of the Robert Moses Causeway lying within one-half mile of the mainland (Northern) shoreline.

A new subclause 41.2(b)(1)(iv)('a')('1') is added to read as follows:

('1') All that area of South Oyster Bay, including tributaries, creeks and canals, lying north of a line extending easterly from the northeasternmost point of land of Great Island (west of Great Island Channel and south of The Run) to the southeasternmost point of land of Goose Island (southwest of Massapequa Creek).

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

('b') During the period [December 1st through March 31st,] September 1 through March 31, both dates inclusive, all that area of South Oyster Bay, including tributaries, creeks and canals, lying northerly of a line extending northeasterly from the northeasternmost end of the Sloop Channel Bridge (bascule bridge connecting the southern end of Green Island with Jones Beach) to the easternmost point of land of the group of islands known as South Line Island, Black Banks Island and Waterhole Island (local names, local landmarks); thence proceeding northerly across Bulkhead Drain to the northeasternmost point of land at Thatch Island (local name, local landmark, located at the eastern end of North Line Island); thence proceeding easterly to the southernmost point of land at West [Island.] Island; thence proceeding northeasterly to the northernmost point of land at Sand Island (Helicopter Island, immediately east of the Amityville Cut); and thence proceeding northwesterly to the southeasternmost point of the dock at the Unqua Corinthian Yacht Club (local name, local landmark).

Clause 41.2(b)(1)(iv)('c') is amended to read as follows:

('c') During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of South Oyster Bay, the State Boat Channel and tributaries lying southerly and westerly of a line extending easterly from the [north side] northeasternmost end of the Sloop Channel Bridge of the Wantagh State Parkway - Jones Beach Causeway (southern tip of Green Island) to the westernmost point of land at South Line Island; thence proceeding southeasterly to the eastern side of the eastern entrance to Zachs Bay.

Clause 41.2(b)(1)(v)('a') is amended to read as follows:

('a') During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of Zachs Bay, including tributaries lying southerly of the State Boat Channel.

Paragraph 41.2(b)(1) 'Note' is amended to read as follows:

'Note': All reference points, except local landmarks or local names, in the Town of Hempstead are taken from N.O.A.A. Nautical Charts No. 12352, 35th Ed., Feb. 2016 and/or No. 12326, 53rd Ed., Jan. 2016 and U.S.C.G. Light List Volume 1, [2019.] 2020.

Clause 41.2(b)(2)(i)('a') is amended to read as follows:

('a') All that area of South Oyster [Bay,] Bay and Great South Bay, including tributaries, creeks and canals, [lying north of a line extending easterly from the northeasternmost point of land of Great Island (west of Great Island Channel and south of The Run) to the southeasternmost point of land of Goose Island (southwest of Massapequa Creek); thence continuing easterly to a point of intersection located 900 yards southeast of Unqua Point (Nassau Shores), immediately north of Old Winnehook Channel (local name); and continuing easterly to a point of intersection located 900 yards southwest of Bergen Point (Great South Bay, Town of Babylon).] between the east side of the northbound lanes of the Wantagh Parkway and the west side of the southbound lanes of the Robert Moses Causeway lying within one-half mile of the mainland (Northern) shoreline.

Clause 41.2(b)(2)(i)('b') is amended to read as follows:

('b') During the period [December 1st through March 31st,] September 1 through March 31, both dates inclusive, all that area of South Oyster Bay, including tributaries, creeks and canals, lying northerly and westerly of a line extending northeasterly from the [north side] northeasternmost end of the Sloop Channel Bridge (bascule bridge connecting the southern end of Green Island with Jones Beach) to the easternmost point of land of the group of islands known as South Line Island, Black Banks Island and Water Hole Island (local names, local landmarks); thence proceeding northerly across Bulkhead Drain to the northeasternmost point of land at Thatch Island (local landmark, located at the eastern end of North Line Island); thence proceeding easterly to the southernmost point of land at West Island; [and] thence proceeding northeasterly to the northernmost point of land at Sand Island (Helicopter Island, immediately east of the Amityville Cut); and thence proceeding northwesterly to the southeasternmost point of the dock at the Unqua Corinthian Yacht Club (local name, local landmark).

Clause 41.2(b)(2)(i)('c') is amended to read as follows:

('c') During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of South Oyster Bay, the State Boat Channel and tributaries lying southerly and westerly of a line extending easterly from the [north side] northeasternmost end of the Sloop Channel Bridge of the Wantagh State Parkway - Jones Beach Causeway (southern tip of Green Island) to the westernmost point of land at South Line Island; thence proceeding southeasterly to the eastern side of the eastern entrance to Zachs Bay.

Clause 41.2(b)(2)(iii)('a') is amended to read as follows:

('a') During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of Zachs Bay, including tributaries, lying southerly of the State Boat Channel.

Clause 41.2(b)(2)(iv)('b') is amended to read as follows:

('b') During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of the eastern boat basin at the Town of Oyster Bay Tobay Marina (local name) and its tributaries.

Subparagraph 41.2(b)(2)(v) is amended to read as follows:

(v) Seaford Harbor Yacht Club. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of the marina-boat basin, including entrance channel, serving the Seaford Harbor Yacht Club (located between Tobay Marina and the marina-boat basin at West Gilgo).

Clause 41.3(b)(1)(i)('a') is amended to read as follows:

('a') All that area of South Oyster Bay and Great South Bay, including tributaries, creeks and canals, [lying north of a line extending southwesterly from the southernmost point of land at Conklin Point (immediately east of the northern end of the twin spans of the Robert Moses Causeway) to light pole number 103 (second aluminum light pole south of the base of the bridge on the west side of the west span, approximately 200 yards south of the base of the bridge and adjacent to the 14th bridge support south of the shoreline on the west span); thence proceeding westerly to the southernmost point of land at Sampawams Point; and, all that area of Great South Bay lying north of a line extending southwesterly from the northern concrete base of the twin spans of the Robert Moses Causeway to a point of intersection located 900 yards southwest of Bergen Point and 900 yards southeast of the mouth of the Neguntatogue Creek; thence proceeding westerly to a point of intersection located 900 yards southeast of Unqua Point (Nassau Shores); thence proceeding westerly to the southeasternmost tip of Goose Island (South Oyster Bay).] between the east side of the northbound lanes of the Wantagh Parkway and the west side of the southbound lanes of the Robert Moses Causeway lying within one-half mile of the mainland (northern) shoreline.

Clause 41.3(b)(1)(i)('b') is amended to read as follows:

('b') During the period [December 1st through March 31st,] September 1 through March 31, both dates inclusive, all that area of Great South Bay and South Oyster Bay, including tributaries, creeks and canals [located west of the east side of the Amityville Cut, lying northerly and westerly of a line extending southwesterly from the northernmost point of land at Sand Island (Helicopter Island, immediately east of the Amityville Cut) to the southernmost point of land at West Island (South Oyster Bay), immediately west of Amityville Channel (Winnehook Channel, local name).] lying northerly and westerly of a line extending northeasterly from the northeasternmost end of the Sloop Channel Bridge (bascule bridge connecting the southern end of Green Island with Jones Beach) to the easternmost point of land of the group of islands known as South Line Island, Black Banks Island and Water Hole Island (local names, local landmarks); thence proceeding northerly across Bulkhead Drain to the northeasternmost point of land at Thatch Island (local landmark, located at the eastern end of North Line Island); thence proceeding easterly to the southernmost point of land at West Island; thence proceeding northeasterly to the northernmost point of land at Sand Island (Helicopter Island, immediately east of the Amityville Cut); and thence proceeding northwesterly to the southeasternmost point of the dock at the Unqua Corinthian Yacht Club (local name, local landmark).

Clause 41.3(b)(1)(i)('c') is amended to read as follows:

('c') Town of Babylon Marinas. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area lying south of the State Boat Channel within the Town of Babylon Cedar Beach Marina (local name), and the Town of Babylon Gilgo Beach Marina (local name), including entrance channels to said marinas.

Clause 41.3(b)(1)(i)('d') is amended to read as follows:

('d') Babylon Coves. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area lying south of the State Boat Channel of the marina-boat basin at West Gilgo and all that area lying south of the State Boat Channel of Coast Guard Cove (local name) and Hemlock Cove (local name), including entrance [channels, lying south of the State Boat Channel] channels.

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

('e') Oak Island. During the period May [15th through September 30th,] 1 through October 31, 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 blue, one-story house with a grey roof), 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.

A new clause 41.3(b)(1)(i)('f') is added to read as follows:

('f') Robert Moses State Park. During the period May 1 through October 31, both dates inclusive, all that area within the Robert Moses East and West Boat Basins including the area between the boat basins, lying south of a line extending easterly from the northwesternmost corner of the western bulkhead of the western basin to the northeasternmost corner of the eastern bulkhead of the eastern basin.

A new clause 41.3(b)(1)(i)('g') is added to read as follows:

('g') Seaford Harbor Yacht Club. During the period May 1 through October 31, both dates inclusive, all that area of the marina-boat basin, including entrance channel, serving the Seaford Harbor Yacht Club (located between Tobay Marina and the marina-boat basin at West Gilgo).

Clause 41.3(b)(2)(i)('a') is amended to read as follows:

('a') All that area of South Oyster Bay and Great South Bay, including tributaries, creeks and canals, [lying north of a line extending southwesterly from the southernmost point of land at Conklin Point (immediately east of the northern end of the twin spans of the Robert Moses Causeway) to light pole number 103 (second aluminum light pole south of the base of the bridge on the west side of the west span, approximately 200 yards south of the base of the bridge and adjacent to the 14th bridge support south of the shoreline on the west span); thence proceeding westerly to the southernmost point of land at Sampawams Point; and, all that area of Great South Bay lying north of a line extending southwesterly from the northern concrete base of the twin spans of the Robert Moses Causeway to a point of intersection located 900 yards southwest of Bergen Point and 900 yards southeast of the mouth of the Neguntatogue Creek; thence proceeding westerly to a point of intersection located 900 yards southeast of Unqua Point (Nassau Shores); thence proceeding westerly to the southeasternmost tip of Goose Island (South Oyster Bay).] between the east side of the northbound lanes of the Wantagh Parkway and the west side of the southbound lanes of the Robert Moses Causeway lying within one-half mile of the mainland (northern) shoreline.

Clause 41.3(b)(2)(i)('b') is amended to read as follows:

('b') All that area of Great South Bay, including tributaries, creeks, and canals, [lying easterly of] bounded on the west and south by a line extending [southerly] from the northernmost point of land on the western side of the Robert Moses Causeway at the base of the [eastern] western span [of the Robert Moses Causeway] to light pole number [60 (sixth aluminum light pole south of the base of the bridge on the east side of the east span); and all that area lying northerly of a line extending easterly from light pole number 60 on the eastern span of Robert Moses Causeway] 109 (fifth aluminum light pole south of the base of the bridge on the west side of the west span); then continuing to the southwesternmost corner of the bath house serving the west bathing area at Heckscher State Park (located east of the entrance to the boat basin at Heckscher State Park).

Existing clause 41.3(b)(2)(i)('d') is repealed.

Clause 41.3(b)(2)(i)('e') is renumbered 41.3(b)(2)(i)('d').

Renumbered clause 41.3(b)(2)(i)('d') is amended to read as follows:

('d') Ocean Beach.

Subclause 41.3(b)(2)(i)('e')('1') is renumbered 41.3(b)(2)(i)('d')('1').

Subclause 41.3(b)(2)(i)('e')('2') is renumbered 41.3(b)(2)(i)('d')('2').

Renumbered subclause 41.3(b)(2)(i)('d')('2') is amended to read as follows:

('2') During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of Great South Bay adjacent to [Atlantique, Ocean Beach and Ocean Bay Park lying east of] Fire Island and bounded on the west, north, and east by a line extending northerly from the western side of the entrance of the boat basin at Atlantique to the [easternmost] southernmost point of land at East Fire Island; [south of] a line extending easterly from the [easternmost] southeasternmost point of land at East Fire Island to [Buoy GC "1" (Range Channel);] Range Channel Buoy 1 (GC '1'); and [west of] a line extending southeasterly from [Buoy GC "1"] Range Channel Buoy 1 to the northeasternmost corner of the bulkhead on the east side of the entrance to the boat basin at Ocean Bay Park.

Existing clause 41.3(b)(2)(i)('f') is repealed.

Existing clause 41.3(b)(2)(i)('g') is repealed.

Existing clause 41.3(b)(2)(i)('g') 'Note' is repealed.

Existing clause 41.3(b)(2)(i)('h') is repealed.

Clause 41.3(b)(2)(i)('i') is renumbered 41.3(b)(2)(i)('e').

Renumbered clause 41.3(b)(2)(i)('e') is amended to read as follows:

('e') Kismet and Saltaire. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area within [the Town of Islip Marina-Boat Basin (local name), Flynn's Marina-Boat Basin (local name),] the Saltaire Marina - Boat Basin (local name), and the Kismet Inn Marina- Boat Basin (local name). [Said marina-boat basins are tributaries of Great South Bay along the shoreline of Fire Island.]

Clause 41.3(b)(2)(i)('j') is renumbered 41.3(b)(2)(i)('f').

Renumbered clause 41.3(b)(2)(i)('f') is amended to read as follows:

('f') Clam Pond. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of Clam Pond (local name) in and adjacent to the Village of Saltaire, lying southerly of a line extending [southeasterly] easterly from the [northernmost] northeasternmost corner of the bulkhead protecting the property and residence located at [the easternmost end of East Bay Promenade, Saltaire,] 34 Pennant Walk, in the Village of Saltaire, to Fair Harbor Light 1 (Fl G 4s); and lying westerly of a line extending southwesterly to the [northwesternmost] northeasternmost corner of the eastern ferry dock at Fair Harbor; thence proceeding southerly along the eastern side of the dock to the shoreline at Fair Harbor.

Existing clause 41.3(b)(2)(i)('k') is renumbered 41.3(b)(2)(i)('g').

Existing clause 41.3(b)(2)(i)('k') 'Note' is repealed.

A new clause 41.3(b)(2)(i)('h') is added to read as follows:

('h') Robert Moses State Park. During the period May 1 through October 31, both dates inclusive, all that area within the Robert Moses East and West Boat Basins including the area between the boat basins, lying south of a line extending easterly from the northwesternmost corner of the western bulkhead of the western basin to the northeasternmost corner of the eastern bulkhead of the eastern basin.

Existing subparagraph 41.3(b)(2)(ii) through clause 41.3(b)(2)(ii)('b') is repealed.

A new paragraph 41.3(b)(2) 'Note' is added to read as follows:

'Note': All reference points, except local landmarks or local names, in the Town of Islip are taken from N.O.A.A. Nautical Chart No. 12352, 35th Ed., Feb. 2016 and U.S.C.G. Light List Volume 1, 2020.

Clause 41.3(b)(3)(i)('b') is amended to read as follows:

('b') Fire Island Pines. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of Great South Bay lying [500 feet easterly and westerly of the bulkheads forming the entrance to the harbor serving Fire Island Pines and extending 1,000 feet northerly of the entrance to said harbor.] within an area extending 1,000 feet northerly of the bulkheads forming the entrance to the harbor serving Fire Island Pines and extending 500 feet easterly and 500 feet westerly of the entrance to the harbor.

Clause 41.3(b)(3)(i)('c') is amended to read as follows:

('c') Sailors Haven. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area [adjacent to Sailors Haven] of Great South Bay lying within an area extending 1,000 feet northerly of the entrance to the boat basin at Sailors Haven and extending 500 feet easterly and 500 feet westerly of the entrance to said boat basin.

Clause 41.3(b)(3)(i)('d') is amended to read as follows:

('d') Barrett Beach. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area [adjacent to Barrett Beach] of Great South Bay lying within [an area extending] 1,000 feet [northerly of the entrance to the boat basin at Barrett Beach and extending 500 feet easterly and westerly of the entrance to said boat basin.] of the shoreline that is within 500 feet easterly and 500 feet westerly of the Barrett Beach dock (local name, local landmark).

Clause 41.3(b)(3)(i)('e') is amended to read as follows:

('e') Davis Park. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area adjacent to Davis Park lying within an area extending 1,000 feet northerly of the entrance to the harbor serving Davis Park and extending 500 feet easterly and 500 feet westerly of the entrance to said harbor.

Clause 41.3(b)(3)(i)('f') is amended to read as follows:

('f') Watch Hill. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area adjacent to Watch Hill lying within an area extending 1,000 feet northerly of the entrance to the harbor serving Watch Hill and extending 500 feet easterly and 500 feet westerly of the entrance to said harbor.

Clause 41.3(b)(3)(i)('g') is amended to read as follows:

('g') Cherry Grove. During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area adjacent to Cherry Grove within the boundaries of a line extending northeasterly from the westernmost end of the wooden bulkhead protecting the shoreline at Cherry Grove (local landmark) to Channel Buoy R "4" Fl R 4 sec and then continuing southeasterly to the easternmost end of the wooden bulkhead protecting the shoreline at Cherry Grove (local landmark).

Existing clause 41.3(b)(3)(i)('h') is repealed.

Existing clause 41.3(b)(3)(i)('i') is repealed.

A new clause 41.3(b)(3)(i)('h') is added to read as follows:

('h') Ocean Beach.

A new subclause 41.3(b)(3)(i)('h')('1') is added to read as follows:

('1') All that area adjacent to the shore of Fire Island at Ocean Beach south of a line extending northeasterly from the northeastern corner of the building housing Maguires Restaurant on Bungalow Walk at Ocean Beach (local landmark) to Channel Buoy C "15" and continuing southeasterly to Channel Buoy C "17," and thence southerly to the water tank at Sea View.

A new subclause 41.3(b)(3)(i)('h')('2') is added to read as follows:

('2') During the period May 1 through October 31, both dates inclusive, all that area of Great South Bay adjacent to Fire Island and bounded on the west, north, and east by a line extending northerly from the western side of the entrance of the boat basin at Atlantique to the southernmost point of land at East Fire Island; a line extending easterly from the southeasternmost point of land at East Fire Island to Range Channel Buoy 1 (GC '1'); and a line extending southeasterly from Range Channel Buoy 1 to the northeasternmost corner of the bulkhead east side of the entrance to the boat basin at Ocean Bay Park.

Existing clause 41.3(b)(3)(ii)('b') is renumbered 41.3(b)(3)(ii)('c').

A new clause 41.3(b)(3)(ii)('b') is added to read as follows:

('b') All that area of Patchogue Bay and Bellport Bay lying within 300 yards of the southernmost point of land at Howells Point.

Clause 41.3(b)(3)(iii)('f') is amended to read as follows:

('f') During the period May [15th through September 30th,] 1 through October 31, both dates inclusive, all that area of Bellport Bay within 100 yards in any direction from the marina area docks at Bellport Beach.

A new clause 41.3(b)(3)(iii)('g') is added to read as follows:

('g') All that area of Patchogue Bay and Bellport Bay lying within 300 yards of the southernmost point of land at Howells Point.

Clause 41.3(b)(3)(iv)('a') is amended to read:

('a') During the period January [1st ] 1 through December [31st,] 31, both dates inclusive, all creeks, canals, coves, and tributaries, including Shirley Basin, Unchachogue Creek, Johns Neck Creek, Sheeppen Creek (Section 5 Marina), Pattersquash Creek, and Mastic Beach Yacht Club Canal (Section 1 Marina), located along the shoreline between Smith Point and Floyd Point (local names, local landmarks).

Clause 41.3(b)(3)(iv)('b') is amended to read:

('b') During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of Narrow Bay and its tributaries lying westerly of a line extending southerly from the westernmost point of the landward side of the public fishing dock located at the foot of Cranberry Drive, Mastic Beach (local name, local landmark) to [an orange painted wood marker] a monument located on the opposite southern shoreline (local [landmark).] landmark); and, east of a line extending due south (magnetic) from the southernmost point of land at Smith Point to the opposite shoreline of the barrier beach.

Clause 41.3(b)(3)(iv)('c') is amended to read:

('c') During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of Narrow Bay lying northerly of a line extending easterly from the northeastern corner of the residence at 542 Riviera Drive, Mastic Beach [(said residence is a two-story structure painted dark green with a tan-colored turret)] to the northwestern corner of the residence at 205 Riviera Drive, Mastic Beach [(said residence is a pink two-story structure located at the intersection with Locust Drive; local names, local landmarks)].

Clause 41.3(b)(3)(iv)('d') is amended to read:

('d') During the period April [15th] 15 to December [31st,] 31, both dates inclusive, all that area of Narrow Bay and its tributaries lying easterly of a line extending southerly from the westernmost point of the landward side of the public fishing dock located at the foot of Cranberry Drive, Mastic Beach (local landmark) to [an orange painted wood marker] a monument located on the opposite southern shoreline (local landmark); and, westerly of a line extending southerly from the [tip of the gable of the residence at 39 Washington Drive (said residence is located on the western side of the southern foot of Washington Drive, Mastic Beach; local names, local landmarks) to an orange painted wood marker located] southeasternmost corner of the property at 39 Washington Drive, Mastic Beach (said corner is the northwesternmost edge of the intersection of Washington Drive and Riviera Drive in Mastic Beach) to a monument on the opposite southern shoreline (local landmark).

Clause 41.3(b)(3)(v)('a') is amended to read:

('a') [All] Forge River and Creeks. During the period of January 1 through December 31, both dates inclusive, all that area of Moriches Bay and its tributaries, including Home Creek, Forge River, Old Neck Creek, Mud Creek, Areskonk Creek, and Orchard Neck Creek, [and all other creeks, canals, rivers and coves,] north of a line extending northeasterly from the monument located near the shoreline at the southeastern tip of Forge Point [(said monument is a wooden pole painted orange, located approximately 1,000 yards south of the entrance to Home Creek, local landmark)] to the southwestern corner of the foot of Belleview Avenue, Center Moriches (local name).

Clause 41.3(b)(3)(v)('b') is amended to read:

('b') [All] Terrell River. During the period of January 1 through December 31, both dates inclusive, all that area of Moriches Bay within 500 feet of the Terrell River mouth, and all of the Terrell River in its entirety.

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

A new clause 41.3(b)(3)(v)('c') is added to read:

('c') East Moriches Boat Basins. During the period May 1 through November 30, both dates inclusive, all that area of Moriches Bay lying within a 600-foot radius from the southernmost point of the property at 159 Bay Avenue, East Moriches, including all that area of the boat basins at 159 Bay Avenue and 71 Smith Street in East Moriches (formerly Cerullo Brothers and Tadsens Fishing Stations).

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

A new clause 41.3(b)(3)(v)('d') is added to read:

('d') Great Gun Beach. During the period May 1 through October 31, both dates inclusive, all that area lying within 500 feet from any portion of the bulkheading and fixed or floating dock structures at Great Gun Beach Marina (Town of Brookhaven), and all of the adjacent unnamed cove lying south of a line extending due west from the westernmost corner of the bulkheading of said marina.

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

A new clause 41.3(b)(3)(v)('e') is added to read:

('e') Tuthill Cove.

A new subclause 41.3(b)(3)(v)('e')('1') is added to read:

('1') During the period of January 1 through December 31, both dates inclusive, all that area of Tuthill Cove and tributaries north of a line extending northeasterly from the easternmost tip of Tuthill Point to the cupola located on the roof of the Moriches Coast Guard Station (local landmark).

A new subclause 41.3(b)(3)(v)('e')('2') is added to read:

('2') During the period of May 1 through October 31, both dates inclusive, all that area of Moriches Bay bounded by a line extending southwesterly from the cupola located on the roof of the Moriches Coast Guard Station (located within the Town of Brookhaven) to the easternmost tip of Tuthill Point; thence continuing southeast to Lighted Buoy "23" Fl G 2.5 sec; thence continuing easterly to Lighted Buoy "24" Fl R 2.5 sec; thence extending northwesterly back to the point of beginning.

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

A new clause 41.3(b)(3)(v)('f') is added to read:

('f') Hart and Seatuck Coves.

A new subclause 41.3(b)(3)(v)('f')('1') is added to read:

('1') During the period January 1 through December 31, both dates inclusive, all that area of Hart Cove, Seatuck Cove, and their tributaries lying north of a line extending northeasterly from the northeastern corner of the residence at 73 Moriches Island Road, East Moriches (said residence is located approximately 100 yards north of the foot of Moriches Island Road) to the southernmost point of land at Havens Point and thence continuing to the flagpole located at the residence at 39 Basketneck Lane, Remsenburg (local landmark; said residence is located approximately 100 yards southeast of the entrance to Fish Creek on the eastern shoreline of Seatuck Cove).

Clause 41.3(b)(3)(v)('g') is renumbered subclause 41.3(b)(3)(v)('f')('2').

Renumbered subclause 41.3(b)(3)(v)('f')('2') is amended to read:

('2') During the period May [1st] 1 through November [30th,] 30, both dates inclusive, all that area of Moriches Bay lying north of a line extending northeasterly from the cupola located on the roof of the Moriches Coast Guard Station (located within the Town of Brookhaven) to the foot of Rodgers [Lane,] Lane in Remsenburg (local name, local [landmark).] landmark); and, lying south of a line extending northeasterly from the northeastern corner of the residence at 73 Moriches Island Road, East Moriches (said residence is located approximately 100 yards north of the foot of Moriches Island Road) to the southernmost point of land at Havens Point and thence continuing to the flagpole located at the residence at 39 Basketneck Lane, Remsenburg (local landmark; said residence is located approximately 100 yards southeast of the entrance to Fish Creek on the eastern shoreline of Seatuck Cove).

Paragraph 41.3(b)(3) 'Note' is amended to read as follows:

'Note:' All reference points in the Town of Brookhaven (South Shore) are taken from N.O.A.A. Nautical Chart No. 12352, [35th] 36th Ed., [Feb. 2016,] May 2020, and U.S.C.G. Light List Volume 1, 2020, except as indicated as "local landmark" or "local name."

Existing clause 41.3(b)(4)(i)('a') is repealed.

A new clause 41.3(b)(4)(i)('a') is added to read:

('a') Hart and Seatuck Coves.

A new subclause 41.3(b)(4)(i)('a')('1') is added to read:

('1') During the period January 1 through December 31, both dates inclusive, all that area of Hart Cove, Seatuck Cove, and their tributaries lying north of a line extending northeasterly from the northeastern corner of the residence at 73 Moriches Island Road, East Moriches (said residence is located approximately 100 yards north of the foot of Moriches Island Road) to the southernmost point of land at Havens Point and thence continuing to the flagpole located at the residence at 39 Basketneck Lane, Remsenburg (local landmark; said residence is located approximately 100 yards southeast of the entrance to Fish Creek on the eastern shoreline of Seatuck Cove).

A new subclause 41.3(b)(4)(i)('a')('2') is added to read:

('2') During the period May 1 through November 30, both dates inclusive, all that area of Moriches Bay lying north of a line extending northeasterly from the cupola located on the roof of the Moriches Coast Guard Station (located within the Town of Brookhaven) to the foot of Rodgers Lane, Remsenburg; and, all that area of Moriches Bay lying south of a line extending northeasterly from the northeastern corner of the residence at 73 Moriches Island Road, East Moriches (said residence is located approximately 100 yards north of the foot of Moriches Island Road) to the southernmost point of land at Havens Point and thence continuing to the flagpole located at the residence at 39 Basketneck Lane, Remsenburg (local landmark; said residence is located approximately 100 yards southeast of the entrance to Fish Creek on the eastern shoreline of Seatuck Cove).

Existing clause 41.3(b)(4)(i)('b') is repealed.

A new clause 41.3(b)(4)(i)('b') is added to read:

('b') West Hampton Yacht Squadron. During the period January 1 through December 31, both dates inclusive, all that area of Moriches Bay within a 500-foot radius of the southernmost point of the westernmost breakwater protecting the entrance canal serving the Westhampton Yacht Squadron, Remsenburg (local name, local landmark).

Existing clause 41.3(b)(4)(i)('c') is repealed.

A new clause 41.3(b)(4)(i)('c') is added to read:

('c') Speonk Point to Oneck.

A new subclause 41.3(b)(4)(i)('c')('1') is added to read:

('1') During the period January 1 through December 31, both dates inclusive, all that area of Speonk Cove, Speonk River, and all other canals and tributaries of said cove and river, lying north of a line extending northeasterly from the southeasternmost tip of Speonk Point to the southwestern corner of the gazebo located near the shoreline of the property at 5 Jagger Lane, Westhampton (local landmark).

A new subclause 41.3(b)(4)(i)('c')('2') is added to read:

('2') During the period January 1 through December 31, both dates inclusive, all that area, including tributaries, north of a line extending easterly from the southernmost tip of land at Tanners Neck (local landmark) to the southeasternmost point of land, at the southeast corner of the property located at 15 Fiske Avenue, Westhampton Beach.

A new subclause 41.3(b)(4)(i)('c')('3') is added to read:

('3') During the period May 1 through November 30, both dates inclusive, all that area of Moriches Bay lying north of a line extending easterly from the southeasternmost tip of Speonk Point to the southeasternmost point of land, at the southeast corner of the property located at 15 Fiske Avenue, Westhampton Beach; except as noted in this subparagraph.

Existing clause 41.3(b)(4)(i)('d') is repealed.

A new clause 41.3(b)(4)(i)('d') is added to read:

('d') During the period May 1 through November 30, both dates inclusive, all that area of Moriches Bay lying east of a line extending south from the southeasternmost point of land at the southeast corner of the property located at 15 Fiske Avenue, Westhampton Beach, to the top of the conical shaped building of the Le Ronde Beach Club, at 297 Dune Road, Westhampton Beach (local names, local landmarks), and west of the Jessup Lane Bascule Bridge in Westhampton Beach.

Existing clause 41.3(b)(4)(i)('e') is repealed.

A new clause 41.3(b)(4)(i)('e') is added to read:

('e') All other creeks, canals, and rivers located along the shoreline between the foot of Remsen Lane, Remsenburg, and the Jessup Lane Bascule Bridge in Westhampton Beach (local names, local landmark).

Existing clause 41.3(b)(4)(i)('f') is repealed.

Existing clause 41.3(b)(4)(i)('g') is repealed.

Existing clause 41.3(b)(4)(i)('h') is repealed.

Subparagraph 41.3(b)(4)(ii) is amended to read:

(ii) Quantuck Bay. Unless otherwise described in this subparagraph, from April 1 through December 14, both dates inclusive, all that area of Moneybogue Bay, Quantuck Canal, Quantuck Bay, Aspatuck Creek, Quantuck Creek, Ogden Pond, and Quogue Canal lying easterly of the Jessup Lane bascule bridge in Westhampton Beach and westerly of the Post Lane bascule bridge in Quogue.

Existing clause 41.3(b)(4)(ii)('a') is repealed.

A new clause 41.3(b)(4)(ii)('a') is added to read:

('a') Moneybogue Bay (local name) and Quantuck Canal.

A new subclause 41.3(b)(4)(ii)('a')('1') is added to read:

(1) Moneybogue Bay. During the period January 1 through December 31, both dates inclusive, all canals on the northwestern shoreline of Moneybogue Bay in Westhampton Beach; and, all that area of Moneybogue Bay including tributaries, lying north of a line that runs southeasterly along the northern edge of the fixed dock serving the residence of 3 Old Meadow Bend, Westhampton Beach to the northeastern corner of said dock; then extends northeasterly on a true bearing north 70 degrees east, to the opposite, eastern shoreline.

A new subclause 41.3(b)(4)(ii)('a')('2') is added to read:

('2') Quantuck Canal. During the period January 1 through December 31, both dates inclusive, all the area of the canal on the northern shoreline of Quantuck Canal, lying north of a line extending from the southeastern end of the bulkhead serving the residence of 178 Beach Lane, Westhampton Beach to southernmost corner of the dock serving the residence of 129 Seafield Point, Westhampton Beach.

Existing clause 41.3(b)(4)(ii)('b') is repealed.

A new clause 41.3(b)(4)(ii)('b') is added to read:

('b') Quantuck Bay, Aspatuck Creek, and Quantuck Creek.

A new subclause 41.3(b)(4)(ii)('b')('1') is added to read:

('1') Quantuck Bay. During the period January 1 through December 31, both dates inclusive, all that area of the tributary (said tributary is located between Meadow Lane and Quantuck Lane in Quogue) lying north and west of a line extending from the northeasternmost corner of the house at 36 Meadow Lane, Quogue in a southeasterly direction on a true bearing of south 78 degrees east, to the southwesternmost point of land on the opposite, eastern shoreline; and, all that area of the canal (said canal runs parallel to Quogo Neck Lane in Quogue) north and east of a line extending in a northwesterly direction on a true bearing of north 15 degrees west from the northernmost corner of bulkhead serving the Village of Quogue Recreation Area at the end of Quogo Neck Lane, Quogue to the southwestern point of land on the opposite northern shoreline.

A new subclause 41.3(b)(4)(ii)('b')('2') is added to read:

('2') Aspatuck Creek. During the period January 1 through December 31, both dates inclusive, all that area of Aspatuck Creek and its tributary north of Main Street.

A new subclause 41.3(b)(4)(ii)('b')('3') is added to read:

('3') Quantuck Creek. During the period January 1 through December 31, both dates inclusive, all that area of the canal at the southeast corner of Quiogue point; and, all that area lying north and west of a line extending northeasterly from the southernmost corner of bulkhead serving the residence at 30 Foster Lane in Westhampton Beach, to the southernmost corner of bulkhead serving the residence at 767 Montauk Highway in Westhampton Beach; and, all that area of Quantuck Creek and its tributary north of Montauk Highway.

A new clause 41.3(b)(4)(ii)('c') is added to read:

('c') Quogue Canal and Ogden Pond.

A new subclause 41.3(b)(4)(ii)('c')('1') is added to read:

('1') Quogue Canal. During the period January 1 through December 31, both dates inclusive, all canals on the northern shoreline of Quogue Canal east of Quogo Neck Lane, Quogue and west of the Post Lane bascule bridge, Quogue.

A new subclause 41.3(b)(4)(ii)('c')('2') is added to read:

('2') Ogden Pond. During the period January 1 through December 31, both dates inclusive, all of the area of the unnamed pond north of Quaquanatuck Lane in Quogue and its tributary leading into Ogden Pond.

Clause 41.3(b)(4)(iii)('h') is amended to read:

('h') Heady Creek. During the period May [1st through November 30th (both dates inclusive) all that area,] 1 through November 30, both dates inclusive, all that area including tributaries of Heady Creek, lying north of a line extending due west from the southernmost tip of land on the [eastern side of Heady Creek] southwesternmost point of Ruth Wales Dupont Sanctuary (said sanctuary is at the foot of Captain Neck Lane, Southampton) directly across to the opposite shoreline.

Clause 41.3(b)(4)(iii)('i') is amended to read:

('i') Taylor Creek. During the period May [1st through November 30th (both dates inclusive)] 1 through November 30, both dates inclusive, all that area including tributaries of Taylor Creek lying northeast of a line extending southeasterly from the southernmost tip of land on the [eastern side of Heady Creek, to a white brick chimney on a grey shingled, one story] southwesternmost point of Ruth Wales Dupont Sanctuary (said sanctuary is at the foot of Captain Neck Lane, Southampton) to the northernmost corner of the chimney of the residence at 501 Meadow Lane, in the Village of Southampton.

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

A new clause 41.3(b)(4)(iii)('j') is added to read:

('j') Southampton Yacht Club. During the period May 1 through October 31, both dates inclusive, all that area of Old Fort Pond lying within a 65-yard radius from the junction of the bulkhead serving Southampton Yacht Club and the northern edge of gangway connecting the southern dock running west to east and serving said marina to the bulkhead.

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

A new clause 41.3(b)(4)(iii)('k') is added to read:

('k') Best Boat Works Marina. During the period May 1 through October 31, both dates inclusive, all that area of Old Fort Pond lying within a 75-yard radius from the junction of the northern edge of the dock connecting the shoreline of Best Boat Works marina, and the western edge of the westernmost dock running in a northern and southern direction and serving said marina.

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

A new clause 41.3(b)(4)(iii)('l') is added to read:

('l') Club on the Bay Condominiums. During the period May 1 through October 31, both dates inclusive, all that area of Old Fort Pond lying within a 65-yard radius from the southeasternmost corner of the northern building complex of the "Club on the Bay" Condominiums (local name).

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

A new clause 41.3(b)(4)(iii)('m') is added to read:

('m') Shinnecock Commercial Fishing Dock. All that area of Shinnecock Bay bounded by a line extending northwesterly from the northwesternmost point of rock pile (said rock pile is adjacent to the westernmost corner of bulkhead serving the Shinnecock Bay Commercial Fishing Station, local name and local landmark) to Buoy "6" (Red nun); thence continuing northeasterly to the Lighted Buoy "4" Fl R 4 sec; thence extending southwesterly to the northernmost corner of the western jetty of Shinnecock Inlet; and, thence continuing along the shoreline westerly to the point of beginning.

A new clause 41.3(b)(4)(iii)('o') is added to read:

('o') Far Pond. During the period May 1 through October 31, both dates inclusive, all that area of Far Pond in its entirety; and, all that area of Shinnecock Bay lying within a 275-yard radius from the northwestern corner of the foot of Far Pond Road in Southampton.

Clause 41.3(b)(4)(iv)('a') is amended to read:

('a') [All] During the period January 1 through December 31, both dates inclusive, all that area, including boat basins, marinas and all other tributaries, lying southerly of a line extending northeasterly from the northern tip of the western rock jetty [located at the western entrance to the Shinnecock Canal in Great Peconic Bay] to the northern tip of the eastern rock jetty [(located] (said jetties are located at the [eastern] entrance to the Shinnecock Canal in Great Peconic Bay); and, all that area including boat basins and marinas and all other tributaries lying northerly of a line extending [easterly from the southeastern end of the fuel dock serving Corr's Mariner's Cove to the southernmost end of the bulkhead protecting the shoreline at Jackson's Marina (local names and local landmarks).] in a northeasterly direction from the northeastern corner of the chimney serving the residence of 27 Canoe Place Road, Hampton Bays, to the southeastern corner of the intersection of the wooden jetty and breakwater serving the marina at 6 Tepee Street, Hampton Bays (said jetty is running in a northwest to southeast direction from the southernmost point of land at said property).

A new clause 41.3(b)(4)(iv)('b') is added to read:

('b') During the period May 1 through October 31, both dates inclusive, all that area north and west of a line extending northeasterly from the southeasternmost corner of property of the Shinnecock Bay Club on Canoe Place Road, Hampton Bays, to the southeastern corner of the dock at 15 Pawnee Street in Hampton Bays, thence continuing northerly along the eastern edge of said dock to the shoreline; and, south of a line extending in a northeasterly direction from the northeastern corner of the chimney serving the residence of 27 Canoe Place Road in Hampton Bays, to the southeastern corner of the intersection of the wooden jetty and breakwater serving the marina at 6 Tepee Street in Hampton Bays (said jetty is running in a northwest to southeast direction from the southernmost point of land of said property).

Subparagraph 41.3(b)(4)(vi) is amended to read:

(vi) Sebonac Creek Complex. During the period May [1st] 1 through November [30th (both dates inclusive),] 30, both dates inclusive, all that area of the Sebonac Creek Complex and its tributaries, including Bullhead Bay, Little Sebonac Creek, West Cove Creek, and Scallop Pond [and its tributaries].

Existing subclause 41.3(b)(4)(vii)('a')('1') is repealed.

Existing subparagraph 41.3(b)(4)(vii) 'Note' is repealed.

Clause 41.3(b)(4)(ix)('d') is amended to read:

('d') During the period May [1st] 1 through November [30th] 30, both dates inclusive, all that area of Hubbard Creek including tributaries.

Existing subparagraph 41.3(b)(4)(ix) 'Note' is repealed.

Existing clause 41.3(b)(4)(x)('a') is repealed.

A new clause 41.3(b)(4)(x)('a') is added to read:

('a') Davis Creek and Turtle Cove.

Existing subclause 41.3(b)(4)(x)('a')('1') is repealed.

A new subclause 41.3(b)(4)(x)('a')('1') is added to read:

('1') Davis Creek. During the period May 1 through November 30, both dates inclusive, all that area of Davis Creek lying east of a line extending northeasterly from the northwestern corner of the bulkhead at the residence of 308 Towd Point Road, Southampton, to the southwesternmost corner of the bulkhead at the residence of 336 Towd Point Road in Southampton; and, all that area of Davis Creek lying west of the westernmost footbridge serving the residence at 40 Cedar Crest Road, Southampton.

Existing subclause 41.3(b)(4)(x)('a')('2') is repealed.

A new subclause 41.3(b)(4)(x)('a')('2') is added to read:

('2') Davis Creek and Turtle Cove. During the period January 1 through December 31, both dates inclusive, all that area of Davis Creek lying east of the westernmost footbridge serving the residence at 40 Cedar Crest Road, Southampton; and, all that area of Turtle Cove (local name).

Existing subclause 41.3(b)(4)(x)('a')('3') is repealed.

Existing subclause 41.3(b)(4)(x)('a')('4') is repealed.

Existing clause 41.3(b)(4)(x)('b') is repealed.

A new clause 41.3(b)(4)(x)('b') is added to read:

('b') North Sea Harbor, Alewife Creek, and Fish Cove.

Existing subclause 41.3(b)(4)(x)('b')('1') is repealed.

A new subclause 41.3(b)(4)(x)('b')('1') is added to read:

('1') North Sea Harbor and Alewife Creek. During the period January 1 through December 31, both dates inclusive, all that area of Alewife Creek (local name) and North Sea Harbor lying south and west of a line extending southeasterly from the northeasternmost point of land at Conscience point, to the northeastern corner of the bulkhead at the residence of 317 Noyack Road, Southampton.

A new subclause 41.3(b)(4)(x)('b')('2') is added to read:

('2') North Sea Harbor and Fish Cove. During the period January 1 through December 31, both dates inclusive, all that area of Fish Cove and North Sea Harbor, including the unnamed creek connecting the two, lying east of a line extending northerly from the northeastern corner of the bulkhead at the residence of 317 Noyack Road, Southampton, to the southernmost point of land located at the residence of 102 Towd Point Road, Southampton on the opposite shoreline (said residence is a light-colored, two-story house with a stand of trees between the shoreline and the residence).

Existing subparagraph 41.3(b)(4)(x) 'Note' is repealed.

Subparagraph 41.3(b)(4)(xi) is amended to read:

(xi) Wooley Pond. During the period May [1st] 1 through November [30th (both dates inclusive)] 30, both dates inclusive, all that area of Wooley Pond and its tributaries.

Subparagraph 41.3(b)(4)(xiii) is amended to read:

(xiii) Mill Creek. During the period April [1st] 1 through December [14th] 14 [(both dates inclusive), both dates inclusive, all that area of Mill Creek. 'Special note:' Mill Creek is a tributary of Noyack Bay.

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

(xiv) Noyack Creek. During the period May [1st] 1 through November [30th (both dates inclusive)] 30, both dates inclusive, all that area of Noyack Creek lying southerly of a line extending southwesterly on a bearing of south 80 degrees west from the southwesternmost point of land on Clam Island to the opposite shoreline located at Morton National Wildlife Refuge in Noyack.

Clause 41.3(b)(4)(xv)('a') is amended to read:

('a') During the period May [1st] 1 through November [30th (both dates inclusive)] 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).

Clause 41.3(b)(4)(xv)('b') is amended to read:

('b') During the period January [1st] 1 through December [31st (both dates inclusive),] 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.

Clause 41.3(b)(4)(xv)('c') is amended to read:

('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] a monument located on the northern shoreline in the northeastern corner of the pond to another [orange marker] monument located on the eastern shoreline adjacent to Shrubland Road.

A new paragraph 41.3(b)(4) 'Note' is added to read:

'Note:' All reference points in the town of Southampton are taken from N.O.A.A. Nautical Chart No. 12352, 36th Ed., May 2020 and/or No. 12358, 23rd Ed., Apr. 2019 and Light List Volume 1, 2020, except as indicated as local landmark or local name.

Existing subparagraph 41.3(b)(5)(i) 'Note' is repealed.

Existing subparagraph 41.3(b)(5)(iii) 'Note' is repealed.

Clause 41.3(b)(5)(iv)('h') is amended to read:

('h') During the period [May 15th through October 15th (both dates inclusive)] April 1 through November 30, both dates inclusive, all that area of Three Mile Harbor lying southerly of a line extending westerly from Harborview Lane (local name) and continuing to the opposite shoreline on Sedge Island (local name, local landmark) and easterly of a line extending northerly from the northwesternmost point of the bulkhead serving the Town of East Hampton, Town Dock (local name) and parking area, to the southernmost end of Sedge Island on the opposite shoreline.

Existing subparagraph 41.3(b)(5)(v) is repealed.

A new subparagraph 41.3(b)(5)(v) is added to read:

(v) Gardiners Bay.

Clause 41.3(b)(5)(v)('a') is renumbered as Subclause 41.3(b)(5)(v)('a')('1'):

Clause 41.3(b)(5)(v)('b') is renumbered as Subclause 41.3(b)(5)(v)('a')('2'):

Clause 41.3(b)(5)(v)('c') is renumbered as Subclause 41.3(b)(5)(v)('a')('3'):

Clause 41.3(b)(5)(v)('d') is renumbered as Subclause 41.3(b)(5)(v)('a')('4'):

A new clause 41.3(b)(5)(v)('a') is added to read:

('a') Hog Creek.

A new clause 41.3(b)(5)(v)('b') is added to read:

('b') Home Pond. All that area of Home Pond and all that area of Gardiners Bay within 100 yards in all directions from the mouth of the inlet to Home Pond.

Subparagraph 41.3(b)(5)(x) is amended to read:

(x) [Acabonac] Accabonac Harbor.

Clause 41.3(b)(5)(x)('a') is amended to read:

('a') All that area of East Harbor (located in the southernmost portion of [Acabonac] Accabonac Harbor) lying south of a line extending northwesterly from the southernmost point of the southernmost bulkhead located on the property at 73 Louse Point Road, to [an orange marker] a monument on the opposite western shoreline.

Clause 41.3(b)(5)(x)('b') is amended to read:

('b') During the period May [1st] 1 through November [30th (both dates inclusive)] 30, both dates inclusive, all that area of [Acabonac] Accabonac Harbor and East Harbor lying south of a line extending easterly from the northeasternmost point of land at the Merrill Lake Sanctuary to the westernmost point of land at Sage Island (local name) and continuing southeasterly along the northern shoreline of Sage Island [(an orange marker] (a monument is located at the northernmost point of said island) to its easternmost point, heading easterly to the foot of the dirt launch area at Gerard Point (local landmark) and all the area west of a line extending southerly from the southernmost point of land at Gerard Point (located at the northern side of the entrance of [Acabonac] Accabonac Harbor) to the northernmost point of land at Louse Point (located at the southern side of the entrance to [Acabonac] Accabonac Harbor).

Clause 41.3(b)(5)(x)('c') is amended to read:

('c') All that area of [Acabonac] Accabonac Harbor, Pussy's Pond and an unnamed cove, including tributaries, lying west of a line heading north from [an orange marker] a monument on the southern shore to [an orange marker] a monument on the opposite northern shoreline. Said unnamed cove lies southerly of the Merrill Lake Sanctuary and northerly of Harbor Lane and Shipyard Lane (local landmarks in Springs).

Clause 41.3(b)(5)(x)('d') is amended to read:

('d') During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of the northernmost portion of [Acabonac] Accabonac 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] a monument on the opposite western shoreline.

Clause 41.3(b)(5)(x)('e') is amended to read:

('e') During the period May [1st] 1 through November [30th,] 30, both dates inclusive, all that area of [Acabonac] Accabonac 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] a monument located on the opposite western shoreline, and south of the line described in clause [(c)] ('d') of this subparagraph.

A new paragraph 41.3(b)(5) 'Note' is added to read as follows:

'Note:' All reference points, except local landmarks or local names, in the Town of East Hampton are taken from N.O.A.A. Nautical Charts No. 12358, 23rd Ed., Apr. 2019 and/or No. 13209, 28th Ed., Aug. 2017.

Existing subparagraph 41.3(b)(6)(iv) is repealed.

Subclause 41.3(b)(7)(iii)('b')('1') is amended to read:

('1') Broadwater Cove. During the period May [15th] 1 through October [31st,] 31, all that area of Broadwater Cove lying west of a line extending southerly from the southeast corner of the house located at 8000 Skunk Lane (local name) to the opposite shore.

Subclause 41.3(b)(7)(iii)('b')('2') is amended to read:

('2') East Creek [and Mud Creek]. During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of East Creek [and Mud Creek west and north of a line extending northerly from the southernmost dock on East Creek to an Osprey nest platform on the opposite shoreline and continuing northeasterly to the southernmost end of the boat ramp at the western end of Mason Drive.] lying north and west of a line extending northerly from the southeasternmost corner of the southernmost fixed dock on East Creek to the osprey nest platform on the opposite shoreline, then continuing northerly to the northernmost corner of the dock at 450 Strohson Road.

Existing subclause 41.3(b)(7)(iii)('b')('3') is repealed.

A new subclause 41.3(b)(7)(iii)('b')('3') is added to read:

('3') Mud Creek. All that area of Mud Creek lying North of a line extending easterly from the northernmost corner of the dock at 450 Strohson Road to the northeasternmost corner of the dock at 470 Haywaters Drive.

Existing subclause 41.3(b)(7)(iii)('b')('4') is repealed.

A new subclause 41.3(b)(7)(iii)('b')('4') is added to read:

('4') East Creek, Mud Creek and Haywater Cove. During the period of May 1 through October 31, both dates inclusive, all that area of East Creek, Mud Creek and the Haywater Cove complex bounded by a line extending southerly from the southwesternmost end of the boat ramp at the western end of Mason Drive to the intersection of Haywaters Road and Landing Road (local names), then continuing westerly along the shore to the southwesternmost point of land on the east side of the inlet to Haywater Cove, then continuing to the southeasternmost point of land on the west side of said inlet then along the shore to the southernmost fixed dock on East Creek, then extending northerly to the osprey nest platform on the opposite shoreline then continuing northerly to the northernmost corner of the dock at 450 Strohson Road, then continuing easterly to the northeasternmost corner of the dock at 470 Haywaters Drive, then southerly along the shore back to the point of beginning.

A new subclause 41.3(b)(7)(iii)('b')('5') is added to read:

('5') Cutchogue Harbor. During the period of May 1 through October 31, all that area of Cutchogue Harbor within 500 feet in all directions of the mouth of the Inlet to the Haywater Cove Complex (local name).

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

('c') Wickham Creek. During the period of May [15] 1 through October 31, both dates inclusive, all that area of Wickham Creek and its tributaries.

Existing subclause 41.3(b)(7)(iii)('c')('1') is repealed.

Clause 41.3(b)(7)(iii)('d') is amended to read:

('d') New Suffolk. [During the period January 1st through December 31st, both dates inclusive, all that area of the marina, located at the eastern end of New Suffolk Avenue (Main Street, New Suffolk), within the confines of the stone breakwater protecting said marina, and all that area lying easterly of the stone breakwater within 150 feet of the southernmost point of the breakwater on the northern side of the marina basin entrance.]

A new subclause 41.3(b)(7)(iii)('d')('1') is added to read:

('1') During the period January 1 through December 31, both dates inclusive, all that area within the confines of the stone breakwater protecting the marina located at 650 1st Street, New Suffolk, and all that area of Cutchogue Harbor within 150 yards of the southernmost point of the breakwater on the northern side of the marina basin entrance.

A new subclause 41.3(b)(7)(iii)('d')('2') is added to read:

('2') During the period January 1 through December 31, both dates inclusive, all that area within the boat basin at the New Suffolk boat ramp and all that area of Cutchogue Harbor within 75 yards of the eastern tip of the north jetty at the entrance to the boat basin.

Clause 41.3(b)(7)(iv)('a') is amended to read:

('a') During the period [April 16th] May 1 through [January 14th,] December 31, 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.

Clause 41.3(b)(7)(vi)('b') 'Note' is amended to read:

'Note:' All reference points, except local names and local landmarks, on Fishers Island in the Town of Southold are taken from N.O.A.A. Nautical Chart No. 13214, [23rd Ed., dated February 3, 1990] 30th Ed., dated May 8, 2020.

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

('b') During the period May [1st] 1 through November [30th,] 30, both dates inclusive, all that area of James Creek, including tributaries and [the entrance canal.] all that area of Great Peconic Bay within 350 yards in all directions of the easternmost bulkhead corner on the western shore of the entrance to James Creek.

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

('c') Spring Pond. During the period [January 1st through December 31st,] May 1 through October 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.

Subparagraph 41.3(b)(7)(xiv) is amended to read:

(xiv) Gardiners Bay. [During the period May 1st through October 31st, both dates inclusive, all that area of Gardiners Bay within 200 feet of the southernmost corner of the western bulkhead at the entrance to the Orient by the Sea boat basin and the Orient by the Sea boat basin in its entirety.]

A new clause 41.3(b)(7)(xiv)('a') is added to read:

('a') Orient by the Sea Boat Basin. During the period May 1 through October 31, both dates inclusive, all that area of the Orient by the Sea boat basin and all that area of Gardiners Bay within 200 feet of the southernmost corner of the western bulkhead at the entrance to the Orient by the Sea boat basin.

Existing subparagraph 41.3(b)(7)(xiv) 'Note' is repealed.

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

(xv) Little Peconic Bay. [Richmond Creek. During the period May 1st through October 31st, 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.]

A new clause 41.3(b)(7)(xv)('a') is added to read:

('a') Richmond Creek. During the period 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.

A new clause 41.3(b)(7)(xv)('b') is added to read:

('b') Corey Creek. All that area of Corey Creek lying north and west of a line extending northeasterly from the northernmost corner of the bulkhead at 2950 Minnehaha Boulevard to the southernmost tip of the rock revetment at 723 Windy Pont Lane.

Existing subparagraph 41.3(b)(7)(xv) 'Note' is repealed.

A new Paragraph 41.3(b)(7) 'Note' is added to read:

'Note:' All reference points, except local names or local landmarks, in the Town of Southold, with the exception of Fishers Island Sound, are taken from N.O.A.A. Nautical Chart No. 12358, 23rd Ed., dated April 17, 2019.

Clause 41.3(b)(9)(iv)('d') is amended to read as follows:

('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 Road (Village of Nissequogue)] the easternmost point of the ridgeline of the white house on the western shoreline located at 30 Smith Lane (Village of Nissequogue, local landmark) to [an orange marker located at the northwestern end of the unpaved road known locally as Hitherbrook Extension (local names and local landmarks)] the southwesternmost corner of the staircase used for beach access serving the residence at 2 Arbor Lane (Village of Head of the Harbor, local landmark) on the eastern shoreline.

Clause 41.3(b)(10)(i)('a') is 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] northernmost point of the ridgeline of the west bathhouse at Sunken Meadow State Park (local landmark) to [Buoy BW "NR" located (at coordinates 40° 55.395' N latitude and 73° 13.745' W longitude),] the Nissequogue River Entrance Lighted Buoy "NR" (located at 40° 55' 23.352" N latitude and 073° 13' 45.407" 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).] northeasternmost corner of the bulkhead protecting the Nissequogue Point Beach Club (located at 703 Short Beach Road, St. James, local name, local landmark).

Clause 41.3(b)(10)(i)('b') is amended to read as follows:

('b') All that area within a one-half mile radius of [Buoy BW "NR" (at coordinates 40° 55.395' N latitude and 73° 13.745' W longitude),] the Nissequogue River Entrance Lighted Buoy "NR" (located at 40° 55' 23.352" N latitude and 073° 13' 45.407" W longitude), approximately one mile north of the mouth of the Nissequogue River.

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

('c') All that area of Stony Brook Harbor and tributaries lying southerly of a line extending southeasterly from [an orange marker located near the shoreline below the residence at 25 Spring Hollow Road (Village of Nissequogue)] the easternmost point of the ridgeline of the white house on the western shoreline located at 30 Smith Lane (Village of Nissequogue, local landmark) to [an orange marker located at the northwestern end of the unpaved road known locally as Hitherbrook Extension (local names and local landmarks).] the southwesternmost corner of the staircase used for beach access serving the residence at 2 Arbor Lane (Village of Head of the Harbor, local landmark) on the eastern shoreline.

Existing clause 41.3(b)(10)(ii)('f') 'Note' is repealed.

A new paragraph 41.3(b)(10) 'Note' is added to read as follows:

'Note:' All reference points in the Town of Smithtown are taken from N.O.A.A. Nautical Chart No. 12364, 41st Edition, April 2020, and U.S.C.G. Light List Volume 1, 2020; except the southern portion of Stony Brook Harbor and where indicated as local name or local landmark.