New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 47 - Certification Of Shellfish Lands › Section 47.3 - Examinations of sanitary condition of shellfish lands

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified
				  shellfish lands.
(1) The department shall
				  periodically examine shellfish lands to determine the sanitary condition
				  thereof. Such examinations, hereinafter referred to as sanitary surveys, shall
				  include shoreline (pollution source) surveys and water quality evaluations
				  conducted at a frequency determined by the commissioner to adequately protect
				  public health. Following a sanitary survey, the department shall on the basis
				  of shoreline surveys and criteria contained in paragraph (2) of this
				  subdivision determine which of the examined shellfish lands are of such
				  sanitary condition that shellfish may be taken therefrom for use as food. Lands
				  that meet such criteria shall be designated, by commissioner's order,
				  'certified shellfish lands'; except, no particular shellfish lands may be
				  designated certified shellfish lands in the absence of a sanitary survey
				  conducted within the previous 12 years. Lands that do not meet such criteria or
				  have not been subject to a sanitary survey within the previous 12 years shall
				  be designated, by commissioner's order, 'uncertified shellfish lands'. At any
				  time particular certified shellfish lands may be redesignated by commissioner's
				  order as uncertified shellfish lands if such lands no longer meet the criteria
				  contained in paragraph (2) of this subdivision. The department, annually, and
				  as often as it deems necessary, shall cause a notice describing certified
				  shellfish lands and uncertified shellfish lands to be published in a newspaper
				  widely distributed in the county in which such lands are located.
(2) Waters overlying certified shellfish
				  lands shall:
(i) not have received hazardous
				  amounts of contamination, which may have been occasioned by precipitation,
				  storm water runoff, malfunctionings of waste water treatment facilities, spills
				  of hazardous materials or other similar events;
(ii) not be so contaminated with fecal
				  material, radionuclides or industrial wastes that shellfish from such lands
				  might be hazardous for use as food; and
(iii) have, when samples are collected from
				  those portions of the certified lands most probably exposed to fecal
				  contamination during adverse hydrographic and pollution conditions: a median
				  (or geometric mean) total coliform MPN per 100 milliliters of sample of 70 or
				  less; and unless extenuating circumstances warrant otherwise, not more than 10
				  percent of the samples have a total coliform MPN per 100 milliliters of sample
				  in excess of 330 (or the MPN value at the estimated ninetieth percentile does
				  not exceed 330) when a multiple dilution fermentation tube test is used which
				  examines three 10-milliliter sample portions, three one-milliliter sample
				  portions and three one-tenth (0.1) milliliter sample portions; and unless
				  extenuating circumstances warrant otherwise, not more than 10 percent of the
				  samples have a total coliform MPN per 100 milliliters of sample in excess of
				  230 (or the MPN value at the estimated ninetieth percentile does not exceed
				  230) when a multiple dilution fermentation tube test is used which examines
				  five 10-milliliter sample portions, five one-milliliter sample portions, five
				  one-tenth (0.1) milliliter sample portions and five onehundredth (0.01)
				  milliliter sample portions; or
(iv)
				  have, when samples are collected from those portions of the certified lands
				  most probably exposed to fecal contamination during adverse hydrographic and
				  pollution conditions: a median (or geometric mean) fecal coliform MPN per 100
				  milliliters of sample of 14 or less; and unless extenuating circumstances
				  warrant otherwise, not more than 10 percent of the samples have a fecal
				  coliform MPN per 100 milliliters of sample in excess of 49 (or the MPN value at
				  the estimated ninetieth percentile does not exceed 49) when a multiple dilution
				  fermentation tube test is used which examines three 10-milliliter sample
				  portions, three one-milliliter sample portions and three one-tenth (0.1)
				  milliliter sample portions; and unless extenuating circumstances warrant
				  otherwise, not more than 10 percent of the samples have a fecal coliform MPN
				  per 100 milliliters of sample in excess of 43 (or the MPN value at the
				  estimated ninetieth percentile does not exceed 43) when a multiple dilution
				  fermentation tube test is used which examines five 10-milliliter sample
				  portions, five one-milliliter sample portions and five one-tenth (0.1)
				  milliliter sample portions.
(3) The commissioner, in his discretion, may
				  designate by order particular shellfish lands as certified shellfish lands if
				  detailed shoreline surveys or sanitary surveys of such lands indicate that the
				  coliform bacteria are not of fecal origin; and the commissioner, in his
				  discretion, may designate by order particular uncertified shellfish lands as
				  certified shellfish lands during seasons when such lands meet the criteria
				  contained in paragraph (2) of this subdivision. At any time particular
				  certified shellfish lands may be redesignated by commissioner's order as
				  uncertified shellfish lands, if such lands no longer meet the criteria
				  contained in paragraph (2) of this subdivision.
(4) The commissioner may designate by order
				  shellfish lands within and adjacent to marinas and mooring areas as uncertified
				  shellfish lands when it is determined by sanitary survey that such lands may
				  receive hazardous amounts of fresh fecal material that may not ordinarily be
				  detected by routine water quality monitoring.