N.Y. Comp. Codes R. & Regs. tit. 6 § 41.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 41.2 - Shellfish lands in Nassau County

(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.

(2) Town of Oyster Bay (South Shore).

(i) 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.

(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 and westerly 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 Water Hole Island (local names, local landmarks); thence proceeding northerly across Bulkhead Drain to the northeasternmost point of land at Thatch Island (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).

(ii) Atlantic Ocean. During the period January 1 through December 31, both dates inclusive, all that area in 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).

(iii) Zachs Bay.

(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.

(iv) Guggenheim Pond.

(a) During the period January 1 through December 31, both dates inclusive, all that area of Guggenheim Pond including tributaries and inlet channels.

(v) Tobay Marina-Boat Basin and Tobay Heading (local name).

(a) During the period May 1 through October 31, both dates inclusive, all that area of Tobay Heading and the eastern boat basin at the Town of Oyster Bay Tobay Marina (local name) and their tributaries, lying southerly of The State Boat Channel; except for the channel to Gugenheim Pond in the southwestern corner of Tobay Heading.

(vi) Seaford Harbor Yacht Club. During the period May 1 through October 31, both dates inclusive, all that area of the marina-boat basin, including entrance channel, serving the Seaford Harbor Yacht Club (located between Tobay Marina and the marina-boat basin at West Gilgo).

(3) Town of North Hempstead.

(i) Little Neck Bay. During the period January 1 through December 31, both dates inclusive, all that area of Little Neck Bay and its tributaries.

(ii) Manhasset Bay. During the period January 1 through December 31, both dates inclusive, all that area of Manhasset Bay and its tributaries.

(iii) Long Island Sound.

(a) During the period January 1 through December 31, both dates inclusive, all that area of Long Island Sound, including tributaries, lying northerly and westerly of a line extending northerly from the northernmost point of land at Prospect Point to Hempstead Harbor Buoy "2" (R N "2"), and thence continuing due North (0 degrees true) to the Nassau-Westchester County Line at coordinates 40° 53.589' N, 073° 42.713' W.

Note:

For the purposes of clause 41.2(b)(3)(i)('a'), the Nassau-Westchester County Line is defined as a line drawn northeasterly through the following series of coordinates originating at 40° 52.310' N, 073° 44.902' W, to 40° 53.589' N, 073° 42.713' W, to 40° 54.196' N, 073° 41.667' W, to 40° 54.764' N, 073° 40.686' W, to 40° 55.326' N, 073° 39.717' W, to 40° 55.915' N, 073° 38.695' W, to 40° 56.632' N, 073° 37.480' W, and terminating at 40° 57.059' N, 073° 36.744' W.

(b) During the period January 1 through December 31, both dates inclusive, all that area of East Creek (the tidal creek and wetlands) located southerly of Prospect Point.

(c) During the period January 1 through December 31, both dates inclusive, all that area of Hempstead Harbor lying east of a line extending northerly from the northernmost point of land at Prospect Point to Hempstead Harbor Buoy "2" (R N "2"), and south of a line extending easterly to Hempstead Harbor Buoy "4" (R N "4"), and west of a line extending southerly to the easternmost point of the tower on the Hempstead House (local name, local landmark) at Sands Point Preserve.

(d) During the period January 1 through December 31, both dates inclusive, all tributaries of Long Island Sound between Matinecock Point and Middle Chimney west of Oak Neck Point (local names, local landmarks).

(iv) Hempstead Harbor.

(a) During the period January 1 through December 31, both dates inclusive, all that area of Hempstead Harbor, including tributaries, lying southerly of a line extending northeasterly from the westernmost chimney on the seaward side of the large brown house (situated on the bluff within Sands Point Park and Preserve) located approximately 1,300 yards northwesterly of Mott Point, to the western end of the rock jetty at Red Spring Point, on the opposite eastern shoreline, and then continuing along the northeasterly side of said jetty to the shore. Said jetty forms the northern enclosure of the private marina serving The Legend Yacht and Beach Club Community on Pembroke Drive, Glen Cove (local names, local landmarks).

(v) Crescent Beach. During the period January 1 through December 31, both dates inclusive, all that area of Hempstead Harbor lying within 250 yards of the seaward end of the rock jetty at the City of Glen Cove's Crescent Beach at the foot of Crescent Beach Road, on the eastern shore of Hempstead Harbor (local names, local landmarks).

(vi) West Pond. During the period January 1 through December 31, both dates inclusive, all that area of West Pond and that portion of Hempstead Harbor lying between lines extending 500 feet on a bearing of 305 degrees true from the seaward ends of the rock jetties on each side of the entrance to West Pond (local names, local landmarks).

(vii) Dosoris Pond. During the period January 1 through December 31, both dates inclusive, all that area of Dosoris Pond.

(viii) Frost Creek. During the period January 1 through December 31, both dates inclusive, all that area of Frost Creek and all that area of Long Island Sound within 400 yards in all directions of the northernmost end of the jetty located on the eastern side of the entrance to Frost Creek.

Note:

All reference points, except local landmarks or local names, in the Town of Oyster Bay (North Shore) are taken from N.O.A.A. Nautical Charts No. 12364, 41st Ed., Apr. 2020 and/or No. 12365, 29th Ed., Mar. 2020 and/or No. 12366, 30th Ed., Oct. 2014 and U.S.C.G. Light List Volume 1, 2022.

(4) Town of Oyster Bay (North Shore).

(i) Long Island Sound.

Note: For the purposes of clause 41.2(b)(4)(i)(a), the Nassau-Westchester County Line is defined as a line drawn northeasterly through the following series of coordinates originating at 40° 52.310' N, 073° 44.902' W, to 40° 53.589' N, 073° 42.713' W, to 40° 54.196' N, 073° 41.667' W, to 40° 54.764' N, 073° 40.686' W, to 40° 55.326' N, 073° 39.717' W, to 40° 55.915' N, 073° 38.695' W, to 40° 56.632' N, 073° 37.480' W, and terminating at 40° 57.059' N, 073° 36.744' W.

(b) During the period January 1 through December 31, both dates inclusive, all that area of East Creek (the tidal creek and wetlands) located southerly of Prospect Point.

(ii) Hempstead Harbor.

(iii) Crescent Beach. During the period January 1 through December 31, both dates inclusive, all that area of Hempstead Harbor lying within 250 yards of the seaward end of the rock jetty at the City of Glen Cove's Crescent Beach at the foot of Crescent Beach Road, on the eastern shore of Hempstead Harbor (local names, local landmarks).

(iv) West Pond. During the period January 1 through December 31, both dates inclusive, all that area of West Pond and that portion of Hempstead Harbor lying between lines extending 500 feet on a bearing of 305 degrees true from the seaward ends of the rock jetties on each side of the entrance to West Pond (local names, local landmarks).

(v) Dosoris Pond. During the period January 1 through December 31, both dates inclusive, all that area of Dosoris Pond.

(vi) Frost Creek. During the period January 1 through December 31, both dates inclusive, all that area of Frost Creek and all that area of Long Island Sound within 400 yards in all directions of the northernmost end of the jetty located on the eastern side of the entrance to Frost Creek.

(vii) Oyster Bay Harbor.

(a) During the period January 1 through December 31, both dates inclusive, all that area, including tributaries, lying southerly of a line extending northwesterly from the flagpole located on the property of 92 Cove Neck Road, Oyster Bay (local landmark) to Oyster Bay Harbor Channel Junction Lighted Buoy "B" and thence continuing westerly to Oyster Bay Harbor Channel Buoy "5", thence continuing southwesterly to the northeasternmost corner of the bulkhead at Jakobsen's Shipyard (local landmark).

(b) During the period January 1 through December 31, both dates inclusive, all that area, including tributaries, lying south of a line extending northwesterly from the flagpole near shore at Roosevelt Memorial Park at Oyster Bay (local landmark) to the traffic signal pole located at the intersection of Cleft Road and West Shore Road, Mill Neck (local landmark).

(c) During the period January 1 through December 31, both dates inclusive, all that area, including tributaries, lying northerly of a line extending westerly from the southernmost tip of Plum Point to the southwesternmost corner of the dock located in front of the main clubhouse of the Seawanhaka-Corinthian Yacht Club (local landmarks), thence continuing northerly along the western edge of the main dock to the shoreline.

(d) Oyster Bay Cove.

(1) During the period January 1 through December 31, both dates inclusive, all that area of The Cove, including tributaries, lying southerly of a line extending easterly from the flagpole located on the property of 92 Cove Neck Road, Oyster Bay (local landmark) to utility pole "LIL 22" located between Cove Neck Road and the shoreline.

(2) During the period May 1 through October 31, both dates inclusive, all that area of The Cove, including tributaries, lying southeasterly of a line extending southwesterly from the southwesternmost point of the Roosevelt Breakwater (local name, local landmark) to the northernmost corner of the fixed dock serving the residence at 93 Cove Woods Road, and thence continuing along the eastern edge of said dock to the shoreline; and northerly of a line extending easterly from the flagpole located on the property of 92 Cove Neck Road to utility pole "LIL 22" located between Cove Neck Road and the shoreline.

(e) During the period May 1 through October 31, both dates inclusive, all that area lying easterly of the east side of the Bayville Bridge which connects the Villages of Mill Neck and Bayville (local names) and northerly and westerly of a line extending northeasterly from the utility pole NYT 99, opposite the foot of The Concourse (a private road into Mill Neck Estates) and located between West Shore Road and the concrete seawall adjacent to the shoreline, to the southwesternmost corner of the fixed wooden dock, west of the boat launching ramp, at the Village of Bayville Beach, on West Harbor Drive (local names, local landmarks), thence continuing northerly along the western edge of the dock to the shoreline.

(viii) Mill Neck Creek (Mill Neck Bay). During the period January 1 through December 31, both dates inclusive, all that area, including tributaries, lying westerly of the east side of the Bayville Bridge which connects the Villages of Mill Neck and Bayville (local names).

(ix) Cold Spring Harbor.

(a) During the period January 1 through December 31, both dates inclusive, all that area including tributaries south and east of a line extending southerly from the flagpole serving the Cold Spring Harbor Beach Club (local landmark) to the northernmost brick chimney of the "Ballybung" house (local landmark), located at 1344 Ridge Road, Laurel Hollow, on the campus of Cold Spring Harbor Laboratory.

(b) During the period May 1 through October 31, both dates inclusive, all that area including tributaries lying south of a line extending westerly from the northwesternmost corner of the bulkhead serving the Cold Spring Harbor Beach Club (local landmark) to the peak of the gazebo on the property of 2 Weld Gilder Road, Oyster Bay (local landmark); and all that area lying west of a line extending southerly from the flagpole serving the Cold Spring Harbor Beach Club (local landmark) to the northernmost brick chimney of the "Ballybung" house (local landmark), located at 1344 Ridge Road, Laurel Hollow, on the campus of Cold Spring Harbor Laboratory.

(c) During the period May 1 through October 31, both dates inclusive, all that area of Eel Creek (local name) located at the Sagamore Hill National Historic Site and all that area within 250-yards in any direction of the southeastern corner of the bulkheading surrounding the stand of trees on the northern side of the entrance to the boat basin located immediately south of the Sagamore Hill National Historic Site.

Note:

N.Y. Comp. Codes R. & Regs. Tit. 6 § 41.2

Amended, New York State Register January 29, 2014/Volume XXXVI, Issue 4, eff. 1/29/2014

Amended New York State Register March 9, 2016/Volume XXXVIII, Issue 10, eff. 3/9/2016

Amended New York State Register November 14, 2018/Volume XL, Issue 46, eff. 11/14/2018

Amended New York State Register December 4, 2019/Volume XLI, Issue 49, eff. 12/4/2019

Amended New York State Register February 24, 2021/Volume XLIII, Issue 08, eff. 2/24/2021

Amended New York State Register April 13, 2022/Volume XLIV, Issue 15, eff. 4/13/2022

Amended New York State Register November 16, 2022/Volume XLIV, Issue 46, eff. 11/16/2022

Amended New York State Register October 25, 2023/Volume XLV, Issue 43, eff. 10/5/2023, exp. 12/3/2023 (Emergency)

Amended New York State Register November 29, 2023/Volume XLV, Issue 48, eff. 11/29/2023

All reference points, except local landmarks or local names in the Town of Oyster Bay (North Shore), are taken from N.O.A.A. Nautical Chart Number 12365, 28th Ed., Oct. 2014.