1/29/14 N.Y. St. Reg. ENV-47-13-00002-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 41 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 13-0307 and 13-0319
Subject:
Sanitary Condition of Shellfish Lands.
Purpose:
To adopt regulations classifying underwater lands to prohibit the harvest of shellfish.
Text or summary was published
in the November 20, 2013 issue of the Register, I.D. No. ENV-47-13-00002-EP.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Gina M. Fanelli, NYSDEC- Marine Resources, 205 N. Belle Mead Rd., East Setauket, NY 11733, (631) 444-0482, email:
gmfanell@gw.dec.state.ny.usAdditional matter required by statute:
Pursuant to the State Environmental Quality Review Act, a negative declaration is on file with the Department.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2017, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
Summary: Commissioner Martens received a letter on December 2, 2013 regarding this amendment to 6 NYCRR Part 41, Sanitary Conditions of Shellfish Lands. The author expressed his concern that the amendments were made because of a budget crisis within the Department. His concern is that the Department should not be allowing a shrinking budget to negatively impact the shellfishing industry and the overall economic health of NYS.
Analysis: Recent bacteriological surveys of portions of shellfish growing areas in the towns of Hempstead, Brookhaven, Islip, Smithtown, Huntington, Southampton, Southold and East Hampton show increased levels of coliform bacteria and a corresponding increased potential to cause illness if shellfish from these areas are eaten. Areas that do not meet the bacteriological criteria for certified shellfish lands must be closed. There is no direct cost to the department. The changes were not made because of budget concerns.
Alternatives suggested: No relevant alternatives were suggested.
Changes made to rule: None.
