New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 41 - Sanitary Condition of Shellfish Lands › Section 41.2 - Shellfish lands in Nassau County

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The shellfish
				  lands in Nassau County, except those listed in subdivision (b) of this section
				  or in section
				  41.5 of this Part, are in such
				  sanitary condition that shellfish thereon may be taken for use as food, and
				  such lands are, therefore, designated as certified areas.
(b) The following shellfish lands in Nassau
				  County are in such sanitary condition that shellfish thereon shall not be taken
				  for use as food, and such lands are, therefore, designated as uncertified
				  areas:
(1) Town of Hempstead.
(i) Jamaica Bay. All of Jamaica Bay and its
				  tributaries lying within the Town of Hempstead.
(ii) Hempstead Bay.
(a) During the period January 1 through
				  December 31, both dates inclusive, all that area of the Atlantic Ocean, East
				  Rockaway Inlet, Reynolds Channel and tributaries lying northerly of a line
				  extending southwesterly from East Rockaway Inlet Breakwater Light (Fl W 4s 34ft
				  4M) (located at the tip of the jetty at the southern entrance to East Rockaway
				  Inlet) to East Rockaway Inlet Lighted Bell Buoy "ER" (RW "ER" Mo (A) W BELL
				  5M), and thence continuing northwesterly to the southeasternmost corner of the
				  southeasternmost apartment building of Dayton Towers (located at 7400 Shore
				  Front Parkway, Arverne, local names and local landmarks); and all that area
				  lying west of the line described in clause 41.2(b)(1)(ii)('b').
(b) During the period January 1 through
				  December 31, both dates inclusive, 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
				  southwestern corner of the Fundy Channel Bridge of Meadowbrook Parkway,
				  connecting the southeast tip of Pettit Marsh to West Crow Island, 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 northwesterly along the 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 monument located 600 feet north of the easternmost boundary of the Town
				  of Hempstead Conservation waterways East Marina; and west of a line extending
				  southerly from said monument to the northeasternmost point of land on the
				  eastern boundary of the Town of Hempstead Conservation Waterways East Marina at
				  Point Lookout.
(c) During the
				  period January 1 through December 31, both dates inclusive, 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) During the period January 1 through
				  December 31, both dates inclusive, 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) During the period of November 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 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 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 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.
(f) Short Beach Boat Basin. During the period
				  May 1 through October 31, both dates inclusive, all that area of the Short
				  Beach Boat Basin, including entrance channels, lying southerly of Sloop
				  Channel.
(iii) Atlantic
				  Ocean.
(a) During the period January 1
				  through December 31, both dates inclusive, all that area of the Atlantic Ocean
				  and tributaries within the three-nautical mile New York State jurisdictional
				  limit lying westerly of a line originating at the southeasternmost corner of
				  the easternmost cabana building at the Silver Gull Beach Club (located at the
				  foot of Beach 193rd Street, at the western limit of Fort Tilden, in Rockaway
				  Point, local landmarks) and extending southeasterly to WHIS RACON "N" -·) at
				  position 40° 27² 27.991³ N, 073° 50² 12.228³ W] Ambrose Channel Lighted Whistle
				  Buoy "A" (RW "A" Mo (A) W WHIS RACON "N" -.) (located at the approach to
				  Ambrose Channel); and all that area of the Atlantic Ocean, and East Rockaway
				  Inlet lying northerly of a line extending southwesterly from East Rockaway
				  Inlet Breakwater Light (Fl W 4s 34ft 4M) (located at the tip of the jetty at
				  the southern entrance to East Rockaway Inlet) to East Rockaway Inlet Lighted
				  Bell Buoy "ER" (RW "ER" Mo (A) W BELL 5M), and thence continuing northwesterly
				  to the southeasternmost corner of the southeasternmost apartment building of
				  Dayton Towers (located at 7400 Shore Front Parkway, Arverne, local names and
				  local landmarks).
(b) During the
				  period January 1 through December 31, both dates inclusive, all that area of
				  the Atlantic Ocean lying within a one-half nautical mile distance from any
				  portion of the sewer outfall serving the Cedar Creek Water Pollution Control
				  Plant (local name), the location of which is indicated as "sewer" on Nautical
				  Charts No. 12352 and No. 12326 referenced below (see note).
(c) Jones Inlet. During the period January 1
				  through December 31, both dates inclusive, 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).
(iv) South Oyster Bay.
(a) During the period January 1 through
				  December 31, both dates inclusive, 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.
(1) During the period
				  January 1 through December 31, both dates inclusive, 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).
(b) During the
				  period 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; 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).
(c)
				  During the period May 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 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.
(v) Zachs Bay.
(a) During the period January 1 through
				  December 31, both dates inclusive, all that area of Zachs Bay lying westerly of
				  a line extending northerly from the northeasternmost corner of the
				  three-colored brick building with covered patio (located on the southern shore
				  of Zachs Bay and known locally as the "Pavilion," local names, local
				  landmarks), through the adjacent wooden poles located in Zachs Bay to the
				  opposite shoreline.
(b) During the
				  period May 1 through October 31, both dates inclusive, all that area of Zachs
				  Bay, including tributaries lying southerly of the State Boat
				  Channel.