ENV-41-10-00003-EP Sanitary Condition of Shellfish Lands

10/13/10 N.Y. St. Reg. ENV-41-10-00003-EP

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 41

October 13, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ENV-41-10-00003-EP

Filing No. 979

Filing Date. Sept. 22, 2010

Effective Date. Sept. 22, 2010

Sanitary Condition of Shellfish Lands

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

Amendment of Part 41 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 13-0307 and 13-0319

Finding of necessity for emergency rule:

Preservation of public health.

Specific reasons underlying the finding of necessity:

Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers.

Subject:

Sanitary Condition of Shellfish Lands.

Purpose:

To reclassify underwater lands to prohibit the harvest of shellfish.

Text of emergency/proposed rule:

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

Section 41.0 through clause 41.2(b) (1)(ii)('f') remain unchanged.

New Clauses 41.2(b)(1)(ii)('g') and 41.2(b)(1)(ii)('h') are adopted to read as follows:

('g') During the period May 15 - September 30, both dates inclusive, all that area of East Bay, Hempstead Bay, and all other bays creeks and tributaries south of a line running southeasterly of the easternmost point of land at Fighting Island (west side of Merrick Bay) to the northernmost point of land at False Channel Meadow; continuing southeasterly to the northernmost point of land at Ned's Meadow; continuing southeasterly to the northernmost point of land at Ball Island; continuing southeasterly across Broad Creek Channel to the northernmost point of land at Cuba Island; continuing southeasterly the northwesternmost point of land at East Island; west of a line running south from the northwesternmost point of East Island along the western shoreline of Middle Island to the northwestern most point of Deep Creek Meadow; and north of a line from the northwestern most point of Deep Creek Meadow over Sloop Channel running along the northern shoreline of East Crow Island to the Northern Shoreline of Middle Crow Island; and along the northern shoreline of West Crow Island to the southwestern end of the Fundy Channel Bridge of the Meadowbrook State Parkway; and East of a line running north from the southwestern tip of the Fundy Channel Bridge along the eastern shoreline of Pettit Marsh (Pettit Island) and Great Sand Creek; and along the Eastern Shoreline of False Channel to the easternmost point of land at Fighting Island.

('h') During the period December 1 - February 31, both dates inclusive, all that area of East Bay, Hempstead Bay, and all other bays creeks and tributaries south of a line running southeasterly from the northwestern most point of East Island along the northern shoreline of East Island; to the northeasternmost point of land at East Island; continuing southeasterly to the southernmost point of land at Low Island at the northwestern base of the Goose Creek Bascule Bridge; continuing southerly across Goose Creek along the western side of said bascule bridge (Wantagh State Parkway-Jones Beach Causeway); to Green Island and running southerly along the western coast of Green Island to the southeasternmost point of the Sloop Channel Bridge; to the Eastern Shore of Sripe Island; running north along the northern coast of Sripe Island over the channel to the northern coast of Deep Creek Meadow to the northwesternmost point and; east of a line running northerly from the northwesternmost point at Deep Creek Meadow to the southern tip of Middle Island; and north along the western coast of Middle Island to the northwestern most tip of East Island.

Subparagraph 41.2(b)(1)(iii) through clause 41.3(b)(2)(i)('c') remains unchanged.

Existing clauses 41.3 (b)(2)(i)('d') through 41.3(b)(2)(i)('m') are renumbered to 41.3(b)(2)(i)('e') through 41.3(b)(2)(i)('n').

New clause 41.3(b)(2)(i)('d') is adopted to read as follows:

('d') All that area of Nicoll Bay lying within a 500 foot radius of the southernmost tip of the pier on the western side of Homan Creek at the Town of Islip's Bayport Beach.

Renumbered clauses 41.3(b)(2)(i)('e') through 41.3(b)(2)(i)('n') remain unchanged.

Subparagraphs 41.3(b)(2)(ii) through 41.3(b)(5)(iii) remain unchanged.

Existing clauses 41.3(b)(5)(iv)('a') and ('b') are repealed.

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

('a') During the period May 1st through November 30th (both dates inclusive), all that area of Three Mile Harbor within a 500 foot radius in all directions of the entrance to the East Hampton Point Marina (located on the eastern shoreline at 295 Three Mile Harbor Road) and extending across the entrance into the Maidstone Harbor/Maidstone Marina Boat Basin, locally known as Duck Creek, located approximately 50 feet north of the East Hampton Point Marina.

('b') All that area of the Maidstone Harbor/Maidstone Marina Boat Basin, locally known as Duck Creek, lying east of a line extending northerly from the landward end of the northern wave break wall of the East Hampton Point Marina, including the entrance leading into the harbor.

Existing clauses 41.3(b)(5)(iv)('c') and ('d') are renumbered 41.3(b)(5)(iv)('g') and ('h').

New clauses 41.3(b)(5)(iv)('c'), ('d'), ('e'), and ('f') are adopted to read as follows:

('c') During the period from May 1st through November 30th (both dates inclusive), all that area of Three Mile Harbor within a 500 foot radius in all directions of the entrance to Shagwong Marina (local name), located on the eastern shoreline of Three Mile Harbor Road.

('d') During the period from May 1st through November 30th (both dates inclusive), all that area of Three Mile Harbor and tributaries lying southeast of a line extending northeasterly from the northeasternmost point of land on the peninsula located at the western side of the entrance into "Head of the Harbor" (local name), at the southern end of Three Mile Harbor and continuing to the western terminus of Breeze Hill Road, lying north of a line extending northeasterly from the northernmost corner of the residence located at 5 South Pond Road on the western shoreline, to the northern side of the entrance of an unnamed creek on the opposite eastern shoreline (the entrance to this creek is located approximately 350 feet northwest of the entrance to Gardiner's Marina).

('e') All that area of "Head of the Harbor" (local name) at the southern end of Three Mile Harbor, lying south of a line extending northeasterly from the northernmost corner of the residence located at 5 South Pond road on the western shoreline, to the northern side of entrance of an unnamed creek on the opposite eastern shoreline (the entrance to this creek is located approximately 350 feet northwest of the entrance to Gardiner's Marina).

('f') During the period May 1st through November 30th (both dates inclusive), all that area of Hands Creek, including tributaries and all that area within a 500 foot radial closure in all directions of the entrance to Hands Creek.

Renumbered clauses 41.3(b)(5)(iv)('g') and ('h') remain unchanged.

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

('a') During the period [April 1st through December 14th] May 1st through November 30th (both dates inclusive), all that area of Hog Creek, including tributaries, lying easterly of a line extending southeasterly from the flagpole (located near the east side of the entrance to Hog Creek) on the property of the Clearwater Beach Property Owners Association, Inc. (local landmarks, local name) to the western end of the dock serving the residence at No. 152 Water Hole Road (local landmark, local name).

Existing clause 41.3(b)(5)(v)('b') remains unchanged.

New clauses 41.3(b)(5)(v)('c') and ('d') are adopted to read as follows:

('c') All that area of Hog Creek lying south of a line extending easterly from the highest point of the white center peak of the residence located at 59 Isle of Wight Road to the red brick chimney on the north facing side of the residence located at 50 Fenmarsh Road on the opposite shoreline.

('d') During the period May 1st through November 30th (both dates inclusive), all that area of Hog Creek lying north of a line extending easterly from the highest point of the white center peak of the residence located at 59 Isle of Wight Road to the red brick chimney on the north facing side of the residence located at 50 Fenmarsh Road on the opposite shoreline, and lying south of a line extending easterly from the highest point of the center peak of the grey residence located at 99 Isle of Wight Road to the northerly corner of the whitish-grey, hexagon shaped residence located at 120 Fenmarsh Road on the opposite shoreline.

Existing subparagraphs 41.3 (b)(5)('vi') through 41.3(b)(7)(xi)('d') remain unchanged.

New clause 41.3(b)(7)(xi)('e') is adopted to read as follows:

('e') West Creek. During the period of May 1 through November 30 (both dates inclusive), all that area of West Creek including all that area of Great Peconic Bay within 750 feet in all directions of the southernmost point of the jetty on the east side of the mouth of West Creek.

Existing subparagraph 41.3(b)(7)(xii) through section 41.5 remain unchanged.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire December 20, 2010.

Text of rule and any required statements and analyses may be obtained from:

Gina Fanelli, Department of Environmental Conservation, 205 N Belle Meade Rd, Suite 1, East Setauket, NY 11733, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Additional matter required by statute:

Pursuant to the State Environmental Quality Review Act, a negative declaration is on file with the department.

Regulatory Impact Statement

1. Statutory authority:

The statutory authority for designating shellfish lands as certified or uncertified is Environmental Conservation Law (ECL) section 13 0307. Subdivision 1 of section 13 0307 of the ECL requires the department to periodically conduct examinations of shellfish lands within the marine district to ascertain the sanitary condition of said lands. Subdivision 2 of this section requires that the department certify which shellfish lands are in such sanitary condition that shellfish may be taken for food. Such lands are designated as certified shellfish lands. All other shellfish lands are designated as uncertified.

The statutory authority for promulgating regulations with respect to the harvest of shellfish is section 13 0319 of the ECL.

2. Legislative objectives:

There are two purposes of the legislation: to protect public health and to ensure that shellfish lands are appropriately classified as certified or uncertified for the harvest of shellfish. This legislation requires the department to examine shellfish lands and determine which shellfish lands meet the sanitary criteria for a certified shellfish land, as set forth in Part 47 of Title 6 NYCRR, promulgated pursuant to section 13 0319 of the ECL. Shellfish lands which meet these criteria must be designated as certified. Shellfish lands which do not meet criteria must be designated as uncertified to prevent the harvest of shellfish from those lands.

3. Needs and benefits:

To protect public health and to comply with ECL 13 0307, the Bureau of Marine Resources' shellfish sanitation program conducts and maintains sanitary surveys of shellfish growing areas (SGA) in the marine district of New York State. Maintenance of these surveys includes the regular collection and bacteriological examination of water samples to monitor the sanitary condition of shellfish growing areas and shoreline surveys to document actual and potential pollution sources.

Annually, water quality evaluation reports are prepared by the staff of the shellfish sanitation program for each SGA which contains certified shellfish lands. These reports present the results of statistical analyses of water quality data gathered by the program, and annual updates to the shoreline pollution source surveys. Each report includes a summary and recommendations for the appropriate classification of that particular shellfish growing area. The report summary may state that all or portions of an SGA should be designated as uncertified for the harvest of shellfish or that all, or portions of, an SGA should be designated as certified for the harvest of shellfish based on criteria in 6 NYCRR Part 47. These reports are on file at the NYSDEC Bureau of Marine Resources office in East Setauket, NY.

The most recent Annual Review of Great Peconic Bay, dated June 2010, indicates that water quality in West Creek no longer meets bacteriological criteria for certified shellfish lands, as specified in 6 NYCRR Part 47, during the period May 1 through November 30. It recommends that all of West Creek, including a radial closure at the mouth, within Peconic Bay, be designated as seasonally certified.

The most recent Triennial Review of Three Mile Harbor, dated May 2010, indicates that water quality at the following locations no longer meets bacteriological criteria for certified shellfish lands as specified in 6 NYCRR Part 47: The area outside the mouth of Hands Creek no longer meets its certified classification; Maidstone Harbor (known locally as Duck Creek) and the southernmost portion of Head of the Harbor no longer meet their seasonal classifications. The report recommends that a radial closure outside the mouth of Hands Creek be reclassified and seasonally uncertified from May 1 through November 30, each year and the areas of Maidstone Harbor and Head of the Harbor be reclassified as uncertified throughout the year.

The most recent Triennial Review of Hog Creek, dated August 2009, indicates that water quality in the southern half of the creek, which is certified throughout the year, no longer meets bacteriological criteria for certified shellfish lands as specified in 6 NYCRR Part 47. The report recommends that the southernmost portion be reclassified as uncertified throughout the year and a portion north of that be reclassified as seasonally uncertified from May 1 through November 30, each year.

The most recent Triennial Review of Great South Bay (Nicoll/Sayville), dated January 2010, indicates that water quality in the area of Nicoll Bay at the mouth of Homan Creek no longer meets bacteriological criteria for certified shellfish lands, as specified in 6 NYCRR Part 47. It recommends that the area at the mouth of Homan Creek be designated as uncertified throughout the year.

The most recent Annual Review of Hempstead Bay, dated March 2010, indicates that water quality in currently certified areas of East Bay, in Hempstead Bay, no longer meets bacteriological criteria for certified shellfish lands, as specified in 6 NYCRR Part 47, throughout the year. The report recommends that the currently certified area of East Bay that is west of the Wantagh Parkway and adjacent to an existing north side seasonal area be designated as seasonally certified from March1 through November 30. The report also indicates that the currently certified area of East Bay East of the Meadowbrook Parkway and south of the north side uncertified area shall be designated as seasonally certified from October 1 through May 14.

4. Costs:

There will be no costs to State or local governments. No direct costs will be incurred by regulated commercial shellfish harvesters in the form of initial capital investment or initial non capital expenses, in order to comply with these proposed regulations.

The department cannot provide an estimate of potential lost income to shellfish harvesters when areas are designated as uncertified, due to a number of variables that are associated with commercial shellfish harvesting; nor can the potential benefits be estimated when areas are reopened. Those variables are listed in the following three paragraphs.

As of August 1, 2010, the department had issued 1,680 New York State shellfish digger's permits. However, the actual number of those individuals who harvest shellfish commercially full time is not known. Recreational harvesters who wish to harvest more than the daily recreational limit of 100 hard clams, with no intent to sell their catch, can only do so by purchasing a New York State digger's permit. The number of individuals who hold shellfish diggers permits for that type of recreational harvest is unknown. The department's records do not differentiate between full time and part-time commercial or recreational shellfishing.

The number of harvesters working in a particular area cannot be estimated for the reason stated above. In addition, the number of harvesters in a particular area is dependent upon the season, the amount of shellfish resource in the area, the price of shellfish and other economic factors, unrelated to the department's proposed regulatory action. Harvesters can shift their efforts to other certified areas.

Estimates of the existing shellfish resource in a particular embayment are not known. Recent shellfish population assessments have not been conducted by the department. Without this information, the department cannot determine the effect a closure or reopening would have on the existing shellfish resource.

The department's actions to designate areas as certified or uncertified are not dependent on the resources in a particular area. They are based solely on public health concerns and legal mandates.

There is no cost to the department. Administration and enforcement of the proposed amendment are covered by existing programs.

5. Local government mandates:

The proposed rule does not impose any mandates on local government.

6. Paperwork:

No new paperwork is required.

7. Duplication:

The proposed amendment does not duplicate any state or Federal requirement.

8. Alternatives:

There are no significant alternatives. By law (ECL section 13 0307), when the department has determined that certified shellfish land fails to meet the sanitary criteria for certified shellfish lands, the department shall designate the land as uncertified and close the area to shellfish harvesting.

9. Federal standards:

There are no Federal standards regarding the certification of shellfish lands. New York and other shellfish producing and shipping states participate in the National Shellfish Sanitation Program (NSSP) which provides guidelines intended to promote uniformity in shellfish sanitation standards among members. The NSSP is a cooperative program consisting of the Federal government, states and the shellfish industry. Participation in the NSSP is voluntary each state adopts its own standards. The U.S. Food and Drug Administration (FDA) evaluates state programs and standards relative to NSSP guidelines. Substantial non conformity with NSSP guidelines can result in sanctions being taken by FDA and the NSSP, including removal of a state's shellfish shippers from the Interstate Certified Shellfish Shippers List. This would effectively bar a non conforming state's shellfish product from interstate commerce.

10. Compliance schedule:

Immediate compliance with any regulation designating shellfish lands as uncertified is necessary to protect public health. Shellfish harvesters are notified of changes to SGA classification by mail either prior to, or concurrent with, the adoption of new regulations.

Compliance with new regulations designating areas as certified or uncertified does not require additional capital expense, paperwork, record keeping or any action by the regulated parties in order to comply, except that harvesters must observe the new closure lines. Therefore, immediate compliance can be readily achieved.

Regulatory Flexibility Analysis

Effect on small business and local government:

As of August 1, 2010, there were 1,680 licensed shellfish diggers in New York State. The number of permits issued for areas in the State is as follows: New York City, 36; Westchester, 5; Town of Hempstead, 104; Town of Oyster Bay, 123; Town of North Hempstead, 4; Town of Babylon, 71; Town of Islip, 122; Town of Brookhaven, 294; Town of Southampton, 161; Town of East Hampton, 245; Town of Shelter Island, 40; Town of Southold, 224; Town of Riverhead, 53; Town of Smithtown, 29; Town of Huntington, 155; other, 14.

Any change in the designation of shellfish lands may have an effect on shellfish diggers. Each time shellfish lands or portions of shellfish lands are designated as uncertified; there may be some loss of income for a number of diggers who may be harvesting shellfish from the lands to be closed. This loss is determined by the acreage to be closed, the type of closure (whether year-round or seasonal), the species of shellfish present in the area, its productivity, and the market value of the shellfish resource in the particular area.

When uncertified shellfish lands are found to meet the sanitary criteria for a certified shellfish land, and are then designated as certified, there is also an effect on shellfish diggers. More shellfish lands are made available for the harvest of shellfish, and there is a potential for an increase in income. Again, the effect of the re opening of a harvesting area is determined by the shellfish species present, the area's productivity, and the market value of the shellfish resource in the area.

Local governments on Long Island exercise management authority and share law enforcement responsibility for shellfish with the state and the counties of Nassau and Suffolk. These are the Towns of Hempstead, North Hempstead and Oyster Bay in Nassau County and the Towns of Babylon, Islip, Brookhaven, Southampton, East Hampton, Southold, Shelter Island, Riverhead, Smithtown and Huntington in Suffolk County. Changes in the classification of shellfish lands impose no additional requirements on local governments above what level of management and enforcement that they normally undertake; therefore, there should be no effect on local governments.

Compliance requirements:

There are no reporting or recordkeeping requirements for small businesses or local governments.

Professional services:

Small businesses and local governments will not require any professional services to comply with proposed rules.

Compliance costs:

There are no capital costs which will be incurred by small businesses or local governments.

Minimizing adverse impact:

The designation of shellfish lands as uncertified may have an adverse impact on commercial shellfish diggers. All diggers in the towns affected by proposed closures will be notified by mail of the designation of shellfish lands as uncertified, prior to the date the closures go into effect. Shellfish lands which fail to meet the sanitary criteria during specified times of the year will be designated as uncertified only during those times. At other times, shellfish may be harvested from those lands (seasonally certified). To further minimize any adverse effects of proposed closures, towns may request that uncertified shellfish lands be considered for conditionally certified designation or for a shellfish transplant project. Under appropriate conditions, shellfish may be harvested from uncertified lands and microbiologically cleansed in a shellfish depuration plant. Shellfish diggers will also be able to shift harvesting effort to nearby certified shellfish lands. There should be no significant adverse impact on local governments from most changes in the classification of shellfish lands.

Small business and local government participation:

Impending shellfish closures are discussed at regularly scheduled Shellfish Advisory Committee meetings. This committee, organized by the department, is comprised of representatives of local baymen's associations and local town officials. Through their representatives, shellfish harvesters can express their opinions and give recommendations to the department concerning shellfish land classification. Local governments, State legislators, and baymen's organizations are notified by mail and given the opportunity to comment on any proposed rule making prior to filing with the Department of State.

Economic and technological feasibility:

As specified above, there are no reporting, recordkeeping or affirmative acts that small businesses or local governments must undertake to comply with the proposed rules which result in the reclassification of shellfish harvesting areas as certified or uncertified. Similarly, small businesses and local governments will not have to retain any professional services or incur any capital costs to comply with such rules. As a result, it should be economically and technically feasible for small businesses and local governments to comply with rules of this type.

Rural Area Flexibility Analysis

Amendments to Part 41 will not impose an adverse impact on rural areas. Only the State’s marine district will be directly affected by regulatory initiatives to open or close shellfish lands. The Department of Environmental Conservation (DEC) has determined that there are no rural areas within the marine district, and no shellfish lands within the marine district are located adjacent to any rural areas of the State. The proposed regulations will not impose reporting, record keeping, or other compliance requirements on public or private entities in rural areas. Since no rural areas will be affected by amendments of 6 NYCRR 41 "Sanitary Condition of Shellfish Lands", the DEC has determined that a Rural Area Flexibility Analysis is not required.

Job Impact Statement

Nature of impact:

Environmental Conservation Law section 13-0307 requires that the department examine shellfish lands and certify which shellfish lands are in such sanitary condition that shellfish may be taken therefrom for use as food. Shellfish lands that do not meet the criteria for certified (open) shellfish lands must be designated as uncertified (closed) to protect public health.

Rule makings to amend 6 NYCRR 41, Sanitary Condition of Shellfish Lands, can potentially have a positive or negative effect on jobs for shellfish harvesters. Amendments to reclassify areas as certified may increase job opportunities, while amendments to reclassify areas as uncertified may limit harvesting opportunities.

The department does not have specific information regarding the locations in which individual diggers harvest shellfish, and therefore is unable to assess the specific job impacts on individual shellfish diggers. In general terms, amendments of 6 NYCRR Part 41 to designate areas as uncertified can have negative impacts on harvesting opportunities. The extent of the impact will be determined by the acreage closed, the type of closure (year-round or seasonal), the area's productivity, and the market value of the shellfish. In general, any negative impacts are small because the department's actions to designate areas as uncertified typically only affect a small portion of the shellfish lands in the state. Negative impacts are also diminished in many instances by the fact that shellfish harvesters are able to redirect effort to adjacent certified areas.

Categories and numbers affected:

Licensed commercial shellfish diggers can be affected by amendments to 6 NYCRR Part 41. Most harvesters are self-employed, but there are some who work for companies with privately controlled shellfish lands or who harvest surf clams or ocean quahogs in the Atlantic Ocean.

As of August, 2010, there were 1,680 licensed shellfish diggers in New York State. The number of permits issued for areas in the State is as follows: New York City, 36; Westchester, 5; Town of Hempstead, 104; Town of Oyster Bay, 123; Town of North Hempstead, 4; Town of Babylon, 71; Town of Islip, 122; Town of Brookhaven, 294; Town of Southampton, 161; Town of East Hampton, 245; Town of Shelter Island, 40; Town of Southold, 224; Town of Riverhead, 53; Town of Smithtown, 29; Town of Huntington, 155; other, 5. It is estimated that ten (10) to twenty-five (25) percent of the diggers are full-time harvesters. The remainder are seasonal or part-time harvesters.

Regions of adverse impact:

Certified shellfish lands that could potentially be affected by amendments to 6 NYCRR Part 41 are located in or adjacent to Nassau County, Suffolk County, and a portion of the Atlantic Ocean south and east of New York City. There is no potential adverse impact to jobs in any other areas of New York State.

Minimizing adverse impact:

Shellfish lands are designated as uncertified to protect public health as required by the Environmental Conservation Law. Some impact from rule makings to close areas that do not meet the criteria for certified shellfish lands is unavoidable.

To minimize the impact of closures of shellfish lands, the department evaluates areas to determine whether they can be opened seasonally during periods of improved water quality. The department also operates Conditional Harvesting Programs at the request of, and in cooperation with, local governments. Conditional Harvesting Programs allow harvest in uncertified areas under prescribed conditions, determined by studies, when bacteriological water quality is acceptable. Additionally, the department operates transplant harvesting programs which allow removal of shellfish from closed areas for cleansing in certified areas, thereby recovering a valuable resource. Conditional and transplant programs increase harvesting opportunities by making the resource in a closed area available under controlled conditions.

In this particular rule making, a number of the areas affected have only been closed seasonally. This is intended to minimize the adverse impact on individual shellfish diggers.

Self-employment opportunities:

A large majority of shellfish harvesters in New York State are self-employed. Rule makings to change the classification of shellfish lands can have an impact on self-employment opportunities. The impact is dependent on the size and productivity of the affected area and the availability of adjacent lands for shellfish harvesting.