ENV-52-10-00004-A Sanitary Condition of Shellfish Lands
3/16/11 N.Y. St. Reg. ENV-52-10-00004-A
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 11
March 16, 2011
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ADOPTION
I.D No. ENV-52-10-00004-A
Filing No. 226
Filing Date. Mar. 01, 2011
Effective Date. Mar. 16, 2011
Sanitary Condition of Shellfish Lands
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 41.2 and 41.3 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 13-0307 and 13-0319
Subject:
Sanitary Condition of Shellfish Lands.
Purpose:
To reclassify underwater lands to allow the harvest of shellfish when appropriate.
Text of final rule:
6 NYCRR Part 41, Sanitary Condition of Shellfish Lands, is amended to read as follows:
Section 41.0 through clause 41.2(b)(4)(ii)('e') remains unchanged.
Existing clause 41.2(b)(4)(ii)('f') is repealed.
Subparagraph 41.2(b)(4)(iii) through clause 41.3(b)(3)(i)('n') remain unchanged.
Existing clause 41.3(b)(3)(ii)('a') is repealed.
New clause 41.3(b)(3)(ii)('a') is adopted to read as follows:
('a') All that area of Great South Bay, Patchogue Bay and its tributaries lying northerly of a line extending easterly from the southeast corner of the wooden bulkhead located at the foot of Blue Point Avenue, Blue Point, to the southeastern corner of the southeasternmost residence on Rod Street, approximately 100 yards southeast of the foot of Dunton Avenue, West Bellport (said residence is a two-story house, white brick and light grey shingle with light grey roof).
Existing clause 41.3(b)(3)(ii)('b') through clause 41.3(b)(4)(iv)(‘a') remain unchanged.
Existing clause 41.3(b)(4)(iv)('b') is repealed.
Existing subparagraph 41.3(b)(4)('v') through clause 41.3(b)(4)(ix)('e') remain unchanged.
Existing clause 41.3(b)(4)(ix)('f') is repealed.
Existing subparagraphs 41.3(b)(4)(x) through 41.3(b)(7)(iii) remain unchanged.
Subparagraph 41.3(b)(7)(iv) is repealed.
New subparagraph 41.3(b)(7)(iv) is adopted to read as follows:
(iv) Mattituck Inlet and Mattituck Creek
('a') During the period April 16 through January 14, both dates inclusive, all that area of Mattituck Creek north of a line extending easterly from the end of West Mill Road to the end of East Mill Road on the opposite shore.
('b') During the period January 1 through December 31, both dates inclusive, all that area of Mattituck Creek south of a line extending easterly from the end of West Mill Road to the end of East Mill Road on the opposite shore.
Subparagraph 41.3(b)(7)(v) through clause 41.3(b)(7)(vi)('c') remains unchanged.
Existing clause 41.3(b)(7)(vii)('a') is repealed.
New clause 41.3(b)(7)(vii)('a') is adopted to read as follows:
('a') During the period January 1 through December 31, both dates inclusive, all that area of Hashamomuck Pond and Long Creek lying west of a line extending southerly from the orange marker located on the shore at the Terrace Garden Colony Cottages to the opposite shoreline; and lying southerly of the line extending easterly from the orange marker located on the shoreline of the residence at 645 Mill Creek Drive to the orange marker on the opposite shore.
Existing clause 41.3(b)(7)(vii)('b') through clause 41.3(b)(8)(i)('e') remain unchanged.
Existing clause 41.3(b)(8)(i)('f') is repealed.
Existing subparagraph 41.3(b)(8)(ii) through section 41.5 remain unchanged.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 41.3(b)(3)(i).
Text of rule and any required statements and analyses may be obtained from:
Melissa Albino Hegeman, NYSDEC, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Mead Rd., Ste. 1, East Setauket, NY 11733, (631) 444-0491, email: maalbino@gw.dec.state.ny.us
Additional matter required by statute:
Pursuant to the State Environmental Quality Review Act, a Negative Declaration and a short Environmental Assessment Form is on file with the Department of Environmental Conservation.
Revised Consolidated Regulatory Impact Statement
This statement explains why a revised consolidated Regulatory Impact Statement is not required to accompany this Notice of Adoption. The change made to the last published rule corrected a typographical error and does not necessitate a revision to the previously published Regulatory Impact Statement.
This statement explains why a revised consolidated Regulatory Flexibility Analysis is not required to accompany this Notice of Adoption. The change made to the last published rule corrected a typographical error and does not necessitate a revision to the previously published Regulatory Flexibility Analysis.
Revised Consolidated Rural Area Flexibility Analysis
The change made to the last published rule corrected a typographical error and does not necessitate a revision to the previously published Rural Area Flexibility Analysis statement.
Revised Consolidated Job Impact Statement
The change made to the last published rule corrected a typographical error and does not necessitate a revision to the previously published Rural Area Flexibility Analysis statement.
