Part 41 Sanitary Condition Of Shellfish Lands (Spring 2022) - Express Terms

Top Part 41 Sanitary Condition Of Shellfish Lands (Spring 2022) - Express Terms

Express Terms

Clause 41.2(b)(1)(ii)('c') is amended to read as follows:

('c') [All] 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.

Clause 41.2(b)(1)(ii)('d') is amended to read as follows:

('d') [All] 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.

Clause 41.2(b)(1)(iii)('c') is amended to read as follows:

('c') Jones Inlet. [All] 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).

Clause 41.2(b)(1)(iv)('a') is amended to read as follows:

('a') [All] 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)] (northern) shoreline.

Subclause 41.2(b)(1)(iv)('a')('1') is amended to read as follows:

('1') [All] 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).

Clause 41.2(b)(1)(v)('a') is repealed. 

Clause 41.2(b)(1)(v)('b') is renumbered 41.2(b)(1)(v)('a') and amended to read as follows:

('a') During the period January [1st] 1 through December [31st,] 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.

A new clause 41.2(b)(1)(v)('b') is adopted to read as follows:  

('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.

Clause 41.2(b)(2)(i)('a') is amended to read as follows:

('a') [All] 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)] (northern) shoreline.

Clause 41.2(b)(2)(iii)('a') is repealed.

Clause 41.2(b)(2)(iii)('b') is renumbered 41.2(b)(2)(iii)('a') and amended to read as follows:

A new clause 41.2(b)(2)(iii)('b') is adopted to read as follows:  

('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.

Clause 41.2(b)(3)(i)('b') is amended to read as follows:

('b') [All] 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).

Clause 41.2(b)(3)(ii)('a') is amended to read as follows:

('a') [All] 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).

Clause 41.2(b)(3)(ii)('b') is amended to read as follows:

('b') [All] 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.

Clause 41.2(b)(3)(ii)('d') is amended to read as follows:

('d') [All] 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 [northwesterly] 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).

Clause 41.2(b)(3)(ii)('e') is amended to read as follows:

('e') [All] 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).

Subparagraph 41.2(b)(3)(iii) is amended to read as follows:

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

Subparagraph 41.2(b)(3)(iv) is amended to read as follows:

(iv) Frost Creek. [All] 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.

Clause 41.2(b)(4)(i)('b') is amended to read as follows:

Clause 41.2(b)(4)(ii)('a') is amended to read as follows:

Clause 41.2(b)(4)(ii)('b') is amended to read as follows:

('b') [All] 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.

Clause 41.2(b)(4)(ii)('d') is amended to read as follows:

Clause 41.2(b)(4)(ii)('e') is amended to read as follows:

Subparagraph 41.2(b)(4)(iv) is amended to read as follows:

Clause 41.2(b)(4)(v)('a') is amended to read as follows:

('a') [All] 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 [northernmost point of land on the west shore of The Cove (Oyster Bay Cove), known locally as Weeks Point, to buoy GR "B" (identified locally as JB "B" located in the main channel south of Moses Point] 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 [buoy G C "5" located in the main channel southeast of Brickyard Point,] Oyster Bay Harbor Channel Buoy "5", thence continuing southwesterly to the northeasternmost corner of the [earth filled] bulkhead at Jakobsen's Shipyard (local landmark).

Clause 41.2(b)(4)(v)('b') is amended to read as follows:

('b') [All] 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 light located at the intersection of Cleft Road and Shore Drive, Mill Neck (local landmark).

Clause 41.2(b)(4)(v)('c') is amended to read as follows:

('c') [All] 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 [southernmost tip] southwesternmost corner of the dock located in front of the main clubhouse of the Seawanhaka-Corinthian Yacht Club (local [landmarks).] landmarks), thence continuing northerly along the western edge of the main dock to the shoreline.

Subclause 41.2(b)(4)(v)('d')('1') is amended to read as follows:

('1') During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of [the] The Cove, including tributaries, lying southerly of a line extending easterly from the [northernmost point of land at Weeks Point (local name, local landmark)] 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, at the former site of the Village of Cove Neck police booth (local names, local landmarks).] shoreline.

Subclause 41.2(b)(4)(v)('d')('2') is amended to read as follows:

('2') During the period May [1st] 1 through October [31st,] 31, both dates inclusive, all that area of [the] The Cove, including tributaries, lying easterly and southerly of a line extending northeasterly from the [northernmost point of land at Weeks Point] flagpole located on the property of 92 Cove Neck Road, Oyster Bay (local landmark) to the southwestern end of the Roosevelt Breakwater (local name, local landmark); and thence continuing along said breakwater to the easterly shoreline of Cove Neck.

Clause 41.2(b)(4)(v)('e') is amended to read as follows:

('e') During the period May [1st] 1 through October [31st,] 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).] landmarks), thence continuing northerly along the western edge of the dock to the shoreline.

Subparagraph 41.2(b)(4)(vi) is amended to read as follows:

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

Paragraph 41.2(b)(4) 'Note' is amended to read as follows:

'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, [2021.] 2022.

Clause 41.3(b)(1)(i)('a') is amended to read as follows:

Subparagraph 41.3(b)(1)(ii) is amended to read as follows:

(ii) Atlantic Ocean. [All] During the period January 1 through December 31, both dates inclusive, all that area of the Atlantic Ocean lying within one-half nautical mile distance from any portion of the sewer outfall pipe serving [the water pollution control plant of the] Suffolk County Sewer District No. [3, Southwest.] 3 - Southwest (aka Bergen Point local name, local landmark). The location of said pipe is [identified as beginning at a point, 40 37' 57.5″ N and 73 20' 57.5″ W, on Cedar Island Beach and extending southwesterly on a bearing 184 28' 41″ for approximately 4,940 yards to a point, 40 35' 31.5″ N and 73 21' 12.5″ W; and thence extending southwesterly on a bearing 219 28' 22.6″ for approximately 1,160 yards to a point, 40 35' 05″ N and 73 21' 41.2″ W.] indicated as "sewer" on Nautical Chart No. 12352 (see note).

Clause 41.3(b)(2)(i)('a') is amended to read as follows:

Clause 41.3(b)(2)(i)('b') is amended to read as follows:

('b') [All] During the period January 1 through December 31, both dates inclusive, all that area of Great South Bay, including tributaries, creeks, and canals, bounded on the west and south by a line extending from the northernmost point of land on the western side of the Robert Moses Causeway at the base of the western span to light pole number 109 (fifth aluminum light pole south of the base of the bridge on the west side of the west span); then continuing to the southwesternmost corner of the bath house serving the west bathing area at Heckscher State Park (located east of the entrance to the boat basin at Heckscher State Park).

Clause 41.3(b)(2)(i)('c') is amended to read as follows: 

('c') [All] During the period January 1 through December 31, both dates inclusive, all that area of Nicoll Bay, Connetquot River, [Brickiln Creek (local name)] and all tributaries, creeks and canals [lying north of] bounded by a line extending northeasterly [between] from Nicoll Point at the [southernmost] southeasternmost point of land at Heckscher State Park [and a point lying 1830 yards south of the southwestern corner of the town dock at Blue Point Avenue.] (local name, local landmark) to Great South Bay Lighted Buoy "35", then continuing northerly to the southeasternmost point of land at Blue Point.

Subclause 41.3(b)(2)(i)('d')('1') is amended to read as follows:

('1') [All] During the period January 1 through December 31, both dates inclusive, all that area [adjacent to the shore of Fire Island at Ocean Beach south of a line extending northeasterly from the northeastern] of Great South Bay bounded by a line extending northerly from the northwesternmost corner of the building housing Maguires Restaurant on Bungalow [Walk] Lane at Ocean Beach (local landmark) to East Channel Buoy [C "15" and continuing southeasterly to] "14"; then extending easterly to East Channel Buoy "15", then continuing to East Channel Buoy [C "17," and thence southerly to the water tank at Sea View.] "17"; then extending southerly to the northeasternmost corner of the bulkhead on the eastern side of the entrance to the Seaview Boat Basin (local name, local landmark).

Subclause 41.3(b)(2)(i)('d')('2') is amended to read as follows:

('2') During the period May 1 through October 31, both dates inclusive, all that area of Great South Bay [adjacent to Fire Island] and Clam Pond near Saltaire, Fair Harbor, Dunewood, Lonelyville, Atlantique, Ocean Beach, Seaview, Ocean Bay Park, and Point O' Woods bounded [on the west, north, and east] by a line extending [northerly from the western side of the entrance of the boat basin at Atlantique] northeasterly from the northernmost corner of the bulkhead located at 34 Pennant Walk, in the Village of Saltaire, to the southernmost point of land at East Fire Island; [a line] then extending easterly [from the southeasternmost point of land at East Fire Island] to Range Channel Buoy [1 (GC '1'); and a line] "1"; then extending southeasterly [from Range Channel Buoy 1] to the northeasternmost corner of the bulkhead on the east side of the entrance to the boat basin at [Ocean Bay Park.] Point O' Woods (local name, local landmark).

Clause 41.3(b)(2)(i)('f') is repealed.

Clause 41.3(b)(2)(i)('g') is renumbered 41.3(b)(2)(i)('f') and amended to read as follows:

('f') [All] During the period January 1 through December 31, both dates inclusive, all that area of the marina boat basin, including entrance canal, at Captree State Park.

Clause 41.3(b)(2)(i)('h') is renumbered 41.3(b)(2)(i)('g').

Paragraph 41.3(b)(2) 'Note' is amended to read as follows:

'Note:' All reference points, except local landmarks or local names, in the Town of Islip are taken from N.O.A.A. Nautical Chart No. 12352, 35th Ed., Feb. 2016 and U.S.C.G. Light List Volume 1, [2020.] 2022.

Clause 41.3(b)(3)(i)('a') is amended to read as follows: 

('a') [All] During the period January 1 through December 31, both dates inclusive, all that area of Nicoll Bay, Connetquot River, [Brickiln Creek (local name)] and all tributaries, creeks and canals [lying northerly of] bounded by a line extending northeasterly [between] from Nicoll Point at the [southernmost] southeasternmost point of land at Heckscher State Park [and a point lying 1,830 yards due south of the southwestern corner of the town dock at Blue Point Avenue.] (local name, local landmark) to Great South Bay Lighted Buoy "35", then continuing northerly to the southeasternmost point of land at Blue Point.

Subclause 41.3(b)(3)(i)('h')('1') is amended to read as follows:

Subclause 41.3(b)(3)(i)('h')('2') is amended to read as follows:

Clause 41.3(b)(3)(ii)('b') is amended to read as follows:

('b') During the period January 1 through December 31, both dates inclusive, all that area of Great South Bay and Patchogue Bay 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] located at 28 Rod Street, East Patchogue (local landmark), approximately 100 yards southeast of the foot of South Dunton Avenue, [West Bellport (said residence is a two-story house, white brick and light grey shingle roof).] East Patchogue.

Clause 41.3(b)(3)(ii)('c') is amended to read as follows:

('c') [All] During the period January 1 through December 31, both dates inclusive, all that area of Patchogue Bay and Bellport Bay lying within 300 yards of the southernmost point of land at Howells Point.

Clause 41.3(b)(3)(ii)('d') is renumbered clause 41.3(b)(3)(ii)('e') and amended to read as follows:

('e') During the period May 1 through [September 30,] October 31, both dates inclusive, all that area of Great South Bay and Patchogue Bay lying north of a line extending westerly from the southernmost point of land at Howells Point (local landmark) to the southeasternmost point of the southern fixed dock at the entrance to the boat basin at Sayville Yacht Club (local landmark); and south 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] located at 28 Rod Street, East Patchogue (local landmark), approximately 100 yards southeast of the foot of South Dunton Avenue, [West Bellport (said residence is a two-story house, white brick and light grey shingle roof).] East Patchogue. 

A new clause 41.3(b)(3)(ii)('d') is adopted to read as follows: 

('d') During the period May 1 through October 31, both dates inclusive, all that area of Great South Bay and Patchogue Bay lying within 500-feet of the northeasternmost point of the bulkhead at the southern entrance to Bay Point Marina (local name, local landmark).

Clause 41.3(b)(3)(iii)('a') is amended to read as follows:

('a') [All] During the period January 1 through December 31, both dates inclusive, all that area of Bellport Bay, including tributaries, lying northerly of a line extending northeasterly from the flagstaff serving the Bellport Yacht Club, located at the foot of Bellport Lane in Bellport, to utility pole No. "43BBL," located at the foot of Bay Avenue (Bay Road) at Fireplace Neck (local landmark).

Clause 41.3(b)(3)(iii)('b') is amended to read as follows:

('b') [All] During the period January 1 through December 31, both dates inclusive, all that area of Bellport Bay within a 500-foot radius of the flagstaff serving the Bellport Yacht Club located at the foot of Bellport Lane in Bellport.

Clause 41.3(b)(3)(iii)('d') is amended to read as follows: 

('d') [All] During the Period January 1 through December 31, both dates inclusive, all that area of Bellport Bay, Carmans [River] River, and tributaries lying northerly of a line extending southeasterly from the foot of Mott Lane (Gorman Lane), at Fireplace Neck, to the western peak of the residence at 146 Grandview Drive in Shirley (local landmark, such residence is the southernmost house on the west side of Smith Point).

Clause 41.3(b)(3)(iii)('e') is amended to read as follows:

('e') [All] During the period January 1 through December 31, both dates inclusive, all that area of Bellport Bay, including Shirley Basin, the entrance to Narrow Bay and tributaries, lying easterly of a line extending due south [(magnetic)] (true) from the southernmost point of land at Smith Point to the opposite shoreline of the barrier beach.

Clause 41.3(b)(3)(iii)('f') is amended to read as follows: 

('f') During the period May 1 through October 31, both dates inclusive, all that area of Bellport Bay within [100 yards in any direction from the marina area docks at Bellport Beach.] 100 yards of the flag pole at Ho-Hum Beach Marina (local name, local landmark). 

Clause 41.3(b)(3)(iii)('g') is amended to read as follows:

('g') [All] During the period January 1 through December 31, both dates inclusive, all that area of Patchogue Bay and Bellport Bay lying within 300 yards of the southernmost point of land at Howells Point.

Clause 41.3(b)(3)(iv)('a') is amended to read as follows:

('a') During the period January 1 through December 31, both dates inclusive, all creeks, canals, [coves,] and tributaries, [including Shirley Basin, Unchachogue Creek, Johns Neck Creek, Sheeppen Creek (Section 5 Marina), Pattersquash Creek, and Mastic Beach Yacht Club Canal (Section 1 Marina),] located along the shoreline between Smith Point and Floyd Point (local names, local landmarks).

Subclause 41.3(b)(3)(v)('f')('1') is amended to read as follows: 

('1') During the period January 1 through December 31, both dates inclusive, all that area of Hart Cove, Seatuck Cove, and their tributaries lying north of a line extending northeasterly from the northeastern corner of the residence at 73 Moriches Island Road, East Moriches (said residence is located approximately 100 yards north of the foot of Moriches Island Road) to the [southernmost] southeasternmost point of land at Havens Point and [thence] then continuing to the flagpole located at the residence at 39 Basketneck Lane, Remsenburg (local landmark; said residence is located approximately 100 yards southeast of the entrance to Fish Creek on the eastern shoreline of Seatuck Cove).

Subclause 41.3(b)(3)(v)('f')('2') is amended to read as follows: 

('2') During the period May 1 through November 30, both dates inclusive, all that area of Moriches Bay lying north of a line extending northeasterly from the cupola located on the roof of the Moriches Coast Guard Station (located within the Town of Brookhaven) to the foot of Rodgers Lane in Remsenburg (local name, local landmark); and, all that area of Moriches Bay lying south of a line extending northeasterly from the northeastern corner of the residence at 73 Moriches Island Road, East Moriches (said residence is located approximately 100 yards north of the foot of Moriches Island Road) to the [southernmost] southeasternmost point of land at Havens Point and [thence] then continuing to the flagpole located at the residence at 39 Basketneck Lane, Remsenburg (local landmark; said residence is located approximately 100 yards southeast of the entrance to Fish Creek on the eastern shoreline of Seatuck Cove).

Paragraph 41.3(b)(3) 'Note' is amended to read as follows:

'Note:' All reference points, except local names or local landmarks, in the Town of Brookhaven (South Shore) are taken from N.O.A.A. Nautical Chart No. 12352, 36th Ed., May 2020, and U.S.C.G. Light List Volume 1, [2021.] 2022.

Subclause 41.3(b)(4)(i)('a')('1') is amended to read as follows: 

Subclause 41.3(b)(4)(i)('a')('2') is amended to read as follows: 

('2') During the period May 1 through November 30, both dates inclusive, all that area of Moriches Bay lying north of a line extending northeasterly from the cupola located on the roof of the Moriches Coast Guard Station (located within the Town of Brookhaven) to the foot of Rodgers Lane, Remsenburg; and, all that area of Moriches Bay lying south of a line extending northeasterly from the northeastern corner of the residence at 73 Moriches Island Road, East Moriches (said residence is located approximately 100 yards north of the foot of Moriches Island Road) to the [southernmost] southeasternmost point of land at Havens Point and [thence] then continuing to the flagpole located at the residence at 39 Basketneck Lane, Remsenburg (local landmark; said residence is located approximately 100 yards southeast of the entrance to Fish Creek on the eastern shoreline of Seatuck Cove).

Clause 41.3(b)(4)(i)('d') is renumbered subclause 41.3(b)(4)(i)('c')('4').

Clause 41.3(b)(4)(i)('e') is renumbered clause 41.3(b)(4)(i)('d') and amended to read as follows:

('d') [All] During the period January 1 through December 31, both dates inclusive, all other creeks, canals, and rivers located along the shoreline between the foot of Remsen Lane, Remsenburg, and the Jessup Lane Bascule Bridge in Westhampton Beach (local names, local landmark).

Subparagraph 41.3(b)(4)(vii) is renumbered subparagraph 41.3(b)(4)(xvii).

Subparagraph 41.3(b)(4)(viii) is renumbered subparagraph 41.3(b)(4)(vii).

Renumbered clause 41.3(b)(4)(vii)('a') is amended to read as follows:

('a') [All] During the period January 1 through December 31, both dates inclusive, all waters of the Peconic River and its tributaries within the Town of Southampton.

Subparagraph 41.3(b)(4)(ix) is renumbered subparagraph 41.3(b)(4)(viii).

Renumbered clause 41.3(b)(4)(viii)('b') is amended to read as follows:

('b') Except as otherwise described in subparagraph [(ix)] (viii) of this paragraph, during the period May 1 through October 31, both dates inclusive, all that area of Flanders Bay lying within [a 500-yard radius from the northeastern corner of the residence at 112 Pine Avenue, Flanders (said residence is the easternmost house at the foot of Pine Avenue).] 300 yards of the shoreline between the northernmost point of land at Goose Creek Point and a line drawn due north (true) from the northernmost point of land located immediately east of the entrance to Birch Creek.

Subparagraph 41.3(b)(4)(xv) is renumbered subparagraph 41.3(b)(4)(ix).

Subparagraph 41.3(b)(4)(xiii) is renumbered subparagraph 41.3(b)(4)(xv).

Subparagraph 41.3(b)(4)(xii) is renumbered subparagraph 41.3(b)(4)(xiii) and amended to read as follows:

(xiii) Fresh Pond. [All] During the period January 1 through December 31, both dates inclusive, all that area of Fresh Pond and its tributaries and all that area of Little Peconic Bay within 600 feet of the mouth of Fresh Pond.

Subparagraph 41.3(b)(4)(xi) is renumbered subparagraph 41.3(b)(4)(xii).

Subparagraph 41.3(b)(4)(x) is renumbered subparagraph 41.3(b)(4)(xi).

Subparagraph 41.3(b)(4)(vi) is renumbered subparagraph 41.3(b)(4)(x) and amended to read as follows:

(x) Sebonac Creek Complex. During the period May 1 through November 30, both dates inclusive, all that area of the Sebonac Creek Complex and its tributaries, including Bullhead Bay, Little Sebonac Creek, West [Cove] Neck Creek, and Scallop Pond.

Subparagraph 41.3(b)(4)(xvi) is renumbered subparagraph 41.3(b)(4)(vi) and amended to read as follows:

(vi) [All] During the period January 1 through December 31, both dates inclusive, all that area of Sagaponack Pond, a brackish embayment and its tributaries, including any inlet when open to the Atlantic Ocean.

A new subparagraph 41.3(b)(4)(xvi) is adopted to read as follows:

(xvi) Genet Creek. During the period January 1 through December 31, both dates inclusive, all that area of Genet Creek and its tributaries lying south of a line extending easterly from the northernmost point of the western jetty at the entrance to Genet Creek to the northernmost point of the eastern jetty at the entrance to Genet Creek.

Clause 41.3(b)(5)(ii)('a') is amended to read as follows:

('a') [All] During the period January 1 through December 31, both dates inclusive, all that area of Montauk Lake (Montauk Harbor) and Coonsfoot Cove lying south of a line extending easterly from [the flashing red light on the jetty on the western side of the entrance to Montauk Harbor (Lake Montauk) to the flashing green light on the jetty on the eastern side of the entrance to said harbor; and all that area, including tributaries, northerly of the causeway to Star Island and] Montauk West Jetty Light "2" to Montauk East Jetty Light "1" and lying northerly and westerly of a line extending easterly from the flag tower at the U.S. Coast Guard Station on Star Island to the southernmost extremity of the dock serving [Deep Water Seafood, Inc. (local landmark) and] East Lake Marina located on the eastern shore of [Montauk Harbor (Lake Montauk).] Montauk Lake (Montauk Harbor) and continuing along the eastern side of said dock to the shoreline.

Clause 41.3(b)(5)(ii)('c') is amended to read as follows:

('c') During the period May [1st] 1 through November [30th] 30 (both dates inclusive), all that area of [Montauk Harbor (Montauk Lake)] Montauk Lake (Montauk Harbor) lying south of a line extending easterly from the flag tower at the U.S Coast Guard Station on Star Island to the southernmost extremity of the dock serving [Deep Water Seafood, Inc. (local name, local landmark), on the western shore] East Lake Marina located on the eastern shore of Montauk Lake (Montauk Harbor) and continuing along the eastern side of said dock to the shoreline and lying northwest of a line extending northeasterly from the white flagpole located on the shoreline at 18 Star Island Road (local name), to a white flagpole at 395 East Lake Drive on the opposite shoreline (local landmark).

Clause 41.3(b)(5)(ii)('e') is amended to read as follows:

('e') Southern Montauk Lake. During the period [April 1 through December 14,] May 1 through October 31, both dates inclusive, all that area of Montauk Lake (Montauk Harbor) and tributaries lying southerly of a line extending easterly from the highest point of the stone chimney serving the residence of 80 Old West Lake Drive, Montauk, to the northwestern corner of northernmost wooden jetty extending from the shoreline of the Bridgeford Cottage Colony at 31 East Lake Drive, Montauk (local landmarks, local names); then proceeding along the northern edge of said jetty to the shoreline.

Clauses 41.3(b)(5)(iv)('a') through 41.3(b)(5)(iv)('h') are repealed.

A new clause 41.3(b)(5)(iv)('a') is adopted to read as follows:

('a') Sunset Cove. During the period May 1 through November 30, both dates inclusive, all that area of Sunset Cove (local name) and its tributaries lying north and east of a line extending northerly from the northwesternmost corner of the western terminus of Folkstone Road, East Hampton, to the osprey nest pole located on the shore of Maidstone Park on the opposite shoreline.

A new clause 41.3(b)(5)(iv)('b') is adopted to read as follows:

('b') Harbor Marina. During the period April 1 through November 30, both dates inclusive, all that area lying southerly of a line extending due west (true) from the southwesternmost corner of the foot of Harborview Lane, East Hampton, to the opposite eastern shoreline of Sedge Island (local name, local landmark); and west of a line extending northerly from the northwesternmost point of the bulkhead serving the Town of East Hampton, Town Dock (local name), to the westernmost corner of the bulkhead protecting the southern shoreline of Sedge Island.

A new clause 41.3(b)(5)(iv)('c') is adopted to read as follows:

('c') Maidstone Harbor Marina. During the period January 1 through December 31, both dates inclusive, all that area of Maidstone Harbor Marina lying east of a line extending northerly from the landward end of the northern wave break serving EHP Resort and Marina, to the southwesternmost corner of the chimney serving the property of 52 Squaw Road, East Hampton.

A new clause 41.3(b)(5)(iv)('d') is adopted to read as follows:

('d') EHP Resort and Marina. Except as otherwise described in clause ('c') of this subparagraph, during the period May 1 through November 30, both dates inclusive, all that area of EHP Resort and Marina and Three Mile Harbor lying within a 500-foot radius from the entrance into EHP Resort and Marina.

A new clause 41.3(b)(5)(iv)('e') is adopted to read as follows:

('e') Shagwong Marina. During the period May 1 through November 30, both dates inclusive, all that area of Shagwong Marina and Three Mile Harbor lying within a 500-foot radius from the northern corner of the bulkhead on the south side of the entrance to Shagwong Marina.

A new clause 41.3(b)(5)(iv)('f') is adopted to read as follows:

('f') Head of the Harbor (local name).

A new subclause 41.3(b)(5)(iv)('f')('1') is adopted to read as follows:

('1') During the period January 1 through December 31, both dates inclusive, all that area of Head of the Harbor (local name), including tributaries, lying south of a line extending northeasterly from the northernmost corner of the residence located at 5 South Pond Road, East Hampton, to the northern side of the entrance to an unnamed creek on the opposite eastern shoreline. Said entrance to this creek is located approximately 350 feet northwest of the entrance to Gardiner's Marina.

A new subclause 41.3(b)(5)(iv)('f')('2') is adopted to read as follows:

('2') Except as otherwise described in subclause ('1') of this clause, during the period May 1 through November 30, both dates inclusive, all that area of the Head of the Harbor (local name), including tributaries, lying south of a line extending northeasterly from the northeasternmost point of land on the peninsula located on the western side of the entrance into Head of the Harbor (local name) to the westernmost corner of the western terminus of Breeze Hill Road, East Hampton.

A new clause 41.3(b)(5)(iv)('g') is adopted to read as follows:

('g') Hands Creek.

A new subclause 41.3(b)(5)(iv)('g')('1') is adopted to read as follows:

('1') During the period January 1 through December 31, both dates inclusive, all that area of Hands Creek and its tributaries lying west of a line extending due north (true) from an orange monument located on the southern shoreline of the entrance to Hands Creek, to the opposite northern shoreline.

A new subclause 41.3(b)(5)(iv)('g')('2') is adopted to read as follows:

('2') Except as otherwise described in subclause ('1') of this clause, during the period May 1 through November 30, both dates inclusive, all that area of Three Mile Harbor lying within a 250-yard radius from the orange monument located on the southern shoreline at the entrance to Hands Creek.

Subclauses 41.3(b)(5)(v)('a')('1') and 41.3(b)(5)(v)('a')('2') are repealed.

A new subclause 41.3(b)(5)(v)('a')('1') is adopted to read as follows:

('1') During the period May 1 through November 30, both dates inclusive, all that area of Hog Creek lying south of a line extending northeasterly from the northeasternmost corner of the western bulkhead at the entrance to Hog Creek to the northwesternmost corner of the eastern bulkhead at the entrance to Hog Creek and north of a line extending easterly from the northeasternmost corner of the residence on the property of 39 Bay Inlet Road, East Hampton, to the westernmost corner of the fixed dock serving the residence of 172 Waterhole Road, East Hampton, and continuing along the southern edge of said dock to the shoreline.

Subclause 41.3(b)(5)(v)('a')('4') is renumbered subclause 41.3(b)(5)(v)('a')('2') and amended to read as follows:

('2') During the period May [1st] 1 through November [30th (both dates inclusive),] 30, 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] northwesternmost point of land on the south side of the dug basin on the opposite [shoreline,] shore, 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.

Subclause 41.3(b)(5)(v)('a')('3') is amended to read as follows:

('3') [All] During the period January 1 through December 31, both dates inclusive, 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.] northwesternmost point of land on the south side of the dug basin on the opposite shore.

Subparagraphs 41.3(b)(5)(vi) and 41.3(b)(5)(vii) are repealed.

A new subparagraph 41.3(b)(5)(vi) is adopted to read as follows:

(vi) Napeague Bay.

A new clause 41.3(b)(5)(vi)('a') is adopted to read as follows: 

('a') Fresh Pond. During the period January 1 through December 31, both dates inclusive, all that area of Fresh Pond, including tributaries and its outlet to Napeague Bay.

A new clause 41.3(b)(5)(vi)('b') is adopted to read as follows: 

('b') Devon Yacht Club. During the period January 1 through December 31, all that area of the Devon Yacht Club Boat Basin (local name, local landmark) south and west of a line extending southerly from the northernmost point of the northern jetty at the entrance to Devon Yacht Club Boat Basin to the northernmost point of the southern jetty at the entrance to Devon Yacht Club Boat Basin.

A new clause 41.3(b)(5)(vi)('c') is adopted to read as follows: 

('c') During the period May 1 through October 31, both dates inclusive, all that area of Napeague Bay within a 250-yard radius from the northern most point of the northern jetty at the entrance to the Devon Yacht Club Boat Basin (local name, local landmark); except, all that area of Devon Yacht Club and its entrance channel described in clause ('b') of this subparagraph.

Subparagraph 41.3(b)(5)(viii) is renumbered 41.3(b)(5)(vii).

Renumbered clause 41.3(b)(5)(vii)('a') is amended to read as follows:

('a') Alewife Pond. [All] During the period January 1 through December 31, both dates inclusive, all that area of Alewife Pond, including its entrance channel and all that area of Northwest Harbor, within 300 yards in all directions from the inlet of Alewife Pond.

Renumbered clause 41.3(b)(5)(vii)('b') is amended to read as follows:

('b') During the period May [1st] 1 through December [14th,] 14, both dates inclusive, all that area of Northwest Harbor within a [200 yard] 200-yard radius from the western point of the spit of land on the southerly side of the entrance to the old Mile Hill Marina (local name), including the old Mile Hill Marina and the unnamed creek located immediately south of the old marina, which are all located [southerly] southwesterly of Mile Hill Road.

Subparagraph 41.3(b)(5)(ix) is renumbered 41.3(b)(5)(viii).

Renumbered clause 41.3(b)(5)(viii)('a') is amended to read as follows:

('a') During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of Northwest Creek and its tributaries lying south of a line extending between two orange [markers] monuments located approximately 750 yards south of the inlet into Northwest Creek.

Renumbered clause 41.3(b)(5)(viii)('b') is amended to read as follows:

('b') During the period May [1st] 1 through December [14th,] 14, both dates inclusive, all that area of Northwest Creek lying south of a line extending due east (true) from the [northernmost tip of land, exposed at mean high water,] easternmost point of land on the western side of the inlet [connecting the creek into Northwest Harbor] to Northwest Creek to the opposite shoreline, and northerly of the line described in clause (a), of this subparagraph.

Renumbered clause 41.3(b)(5)(viii)('c') is amended to read as follows:

('c') In the absence of one or both [painted markers,] orange monuments, all of Northwest Creek is uncertified.

Subparagraph 41.3(b)(5)(x) is renumbered 41.3(b)(5)(ix).

Renumbered clause 41.3(b)(5)(ix)('a') is renumbered clause 41.3(b)(5)(ix)('f') and amended to read as follows: 

('f') [All] During the period January 1 through December 31, both dates inclusive, all that area of East Harbor (located in the southernmost portion of Accabonac Harbor) lying south of a line extending [northwesterly] westerly from the southernmost [point] corner of the southernmost bulkhead located on the property at 73 Louse Point Road, to [a] an orange monument on the opposite western shoreline.

Renumbered clause 41.3(b)(5)(ix)('d') is renumbered clause 41.3(b)(5)(ix)('a') and amended to read as follows: 

('a') During the period January 1 through December 31, both dates inclusive, all that area of the northernmost portion of Accabonac Harbor, including tributaries, lying north of a line extending westerly from the westernmost point of land of the property at 128 Gerard Drive to [a] an orange monument on the opposite western shoreline.

Renumbered clause 41.3(b)(5)(ix)('b') is renumbered clause 41.3(b)(5)(ix)('d') and amended to read as follows: 

('d') During the period May 1 through November 30, both dates inclusive, all that area of Accabonac Harbor and East Harbor lying south of a line extending easterly from the [northeasternmost] easternmost point of land at the Merrill Lake Sanctuary to the [westernmost point of land at Sage Island (local name) and continuing southeasterly along the northern shoreline of Sage Island (a monument is located at the northernmost point of said island) to its easternmost point, heading] orange monument on Sage Island, then continuing easterly to the foot of the dirt launch area at Gerard Point (local [landmark) and all the area] landmark), and all that area lying west of a line extending southerly from the southernmost point of land at Gerard Point (located at the northern side of the entrance of Accabonac Harbor) to the northernmost point of land at Louse Point (located at the southern side of the entrance to Accabonac Harbor).

Renumbered clause 41.3(b)(5)(ix)('e') is renumbered clause 41.3(b)(5)(ix)('b') and amended to read as follows: 

('b') During the period May 1 through November 30, both dates inclusive, all that area of Accabonac Harbor lying [west of a line extending southwesterly from the westernmost point of land of the property at 128 Gerard Drive to a] north and west of a line extending westerly from the westernmost point of the southern rock jetty (said jetty is protecting the Gerard Drive culvert) to an orange monument located on the opposite western shoreline, and south of the line described in clause [('d')] ('a') of this subparagraph.

Renumbered clause 41.3(b)(5)(ix)('c') is renumbered clause 41.3(b)(5)(ix)('e') and amended to read as follows: 

('e') [All] During the period January 1 through December 31, both dates inclusive, all that area of Accabonac [Harbor, Pussy's Pond and an unnamed cove,] Harbor and Pussy's Pond, including tributaries, lying west of a line heading north from [a] an orange monument (approximately 350 yards east of Shipyard Lane) on the southern shore to [a monument] an orange monument (located on the shoreline of Merrill Lake Sanctuary) on the opposite northern shoreline. [Said unnamed cove lies southerly of the Merrill Lake Sanctuary and northerly of Harbor Lane and Shipyard Lane (local landmarks in Springs).]

A new clause 41.3(b)(5)(ix)('c') is adopted to read as follows: 

('c') During the period May 1 through November 30, both dates inclusive, all that area of Accabonac Harbor lying west of a line extending southerly from an orange monument on the property of 950 Springs Fireplace Road, East Hampton, to an orange monument on the northern shoreline of Merrill Lake Sanctuary.

Subparagraph 41.3(b)(5)(xi) is renumbered 41.3(b)(5)(x) and amended to read as follows:

(x) [All] During the period January 1 through December 31, both dates inclusive, all that area of Georgica Pond, a brackish embayment and its tributaries, including any inlet when open to the Atlantic Ocean.

Subparagraph 41.3(b)(6)(iii) is amended to read as follows: 

(iii) Menantic Creek. During the period May [15th] 1 through October [31st,] 31, both dates inclusive, all that area of Menantic Creek lying south of a line extending southeasterly from the northernmost corner of the shingled poolhouse immediately adjacent to the swimming pool located at the Island Boatyard and Marina (local name, local landmark) to the northwesternmost point of the western end of Tarkettle Road, [which terminates in a town boat launching ramp (local name, local landmark),] and north of a line extending southeasterly from the shoreline along the southwestern edge of the Island Boatyard and Marina fuel dock and then extending southeasterly from the southernmost point of the [Island Boatyard Marina] fuel dock to the southwesternmost point of the [wooden] bulkhead on the eastern side of the mouth of Menantic Creek.

Clause 41.3(b)(7)(iv)('a') is amended to read as follows: 

('a') During the period May 1 through December 31, both dates inclusive all that area north of a line extending easterly from an orange [marker] monument near the red shack on the south side of the entrance to Howards Creek (local landmark), to an orange [marker] monument near the flagpole serving the residence at 1085 West View Drive (local landmark), and the area of Howards Creek lying easterly of a line extending northwesterly from an orange [marker] monument near the dock serving the residence at 1175 Point Pleasant Road to an orange [marker] monument near the dock serving the residence located on Fox Hollow Road on the opposite shore.

Clause 41.3(b)(7)(iv)('b') is amended to read as follows: 

('b') [All] During the period January 1 through December 31, both dates inclusive, all that area lying south of a line extending easterly from an orange [marker] monument near the red shack on the south side of the entrance to Howards Creek (local landmark), to an orange [marker] monument near the flagpole serving the residence at 1085 West View Drive (local landmark), and [the] all that area of Howards Creek lying west of a line extending northwesterly from an orange [marker] monument near the dock serving the residence at 1175 Point Pleasant Road to an orange [marker] monument near the dock serving the residence located on Fox Hollow Road on the opposite shore.

Clause 41.3(b)(7)(v)('b') is amended to read as follows: 

('b') Sage Pond. During the period May [15th] 1 through October [31st,] 31, all that area within Sage Pond (local name) and all tributaries.

Clause 41.3(b)(7)(v)('c') is amended to read as follows: 

('c') Budds Pond and Mill Creek. During the period May [1st] 1 through October [31st,] 31, both dates inclusive, all that area of Budds Pond (local name) including tributaries in their entirety, lying north and west of a line extending northeasterly from the northeasternmost point of land 230 feet north of the northeastern corner of the eastern road end of Willow Point Road to the westernmost point of land on the barrier island, continuing easterly along the north shore of the barrier island, then from the northeasternmost point of land of the barrier island to the stack (brick chimney) east of the entrance to Mill Creek and south of Goldsmith's Boat Shop (local names, local landmark), and all that area of Mill Creek, including its tributaries in their entirety, lying south and west of the north side of the State Route 25 bridge over Mill Creek.

Clause 41.3(b)(7)(v)('d') is amended to read as follows: 

('d') During the period May [15th] 1 through October [31st,] 31, both dates inclusive, all that area within [the Goldsmith] Goldsmith's Boat Shop boat basin and all that area within the [Mill Creek Inn Restaurant and Marina boat basin] Peconic Bay Marine Basin (local names, local landmarks).

Clause 41.3(b)(7)(vi)('a') is amended to read as follows: 

('a') West Harbor and Pirates Cove. During the period May [1st] 1 through September [30th,] 30, both dates inclusive, all that area of West Harbor and Pirates Cove lying southerly of a line extending southeasterly from the easternmost point of land at Hawks Nest Point to a flagpole located on the eastern shore of West Harbor on the property of Grey Gulls Estate, also known as the DuPont House (local name, local landmark). Said flagpole is situated between the shoreline and the residence.

Clause 41.3(b)(7)(vi)('b') is amended to read as follows: 

('b') Island Pond. [All the] During the period January 1 through December 31, both dates inclusive, all that area of Island Pond and its tributaries.

Clause 41.3(b)(7)(vii)('a') is amended to read as follows: 

('a') During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of Hashamomuck Pond and Long Creek lying westerly of a line extending southerly from the orange [marker] monument located on the shore at the Terrace Garden Colony Cottages to the northernmost corner of the residence at 645 Mill Creek Drive; and lying southerly of the line extending easterly from the orange [marker] monument located on the shoreline of the [residence] property at 1645 Mill Creek Drive to the orange [marker] monument on the opposite shore.

Clause 41.3(b)(7)(vii)('b') is amended to read as follows: 

('b') During the period May [1st] 1 through November [30th, both dates,] 30, both dates inclusive, all that area of Hashamomuck Pond and Mill Creek, including tributaries, lying northerly and easterly of the north side of the State Route 25 bridge over Mill Creek.

Clause 41.3(b)(7)(vii)('c') is amended to read as follows: 

('c') During the period January [1st to] 1 through December [31st,] 31, both dates inclusive, all that area of the "The Clay Pit" and its tributaries lying east of [a marker] an orange monument approximately [540] 400 feet east of the LIRR trestle over Mill Creek (local names, local landmarks).

Clause 41.3(b)(7)(ix)('a') is amended to read as follows: 

('a') [All] During the period January 1 through December 31, both dates inclusive, all that area of Gull Pond lying northwest of a line extending [southerly] due South (180 degrees true) from the southernmost point of the bulkhead located at 706 Wiggins Lane, to the opposite shoreline (1625 Gull Pond Lane).

Clause 41.3(b)(7)(ix)('b') is amended to read as follows: 

('b') During the period April [1st] 1 through December [14th,] 14, both dates inclusive, all that area of Gull Pond, including tributaries lying north and [northwest] west of a line extending northeasterly from the southeastern end of the [wood bulkheaded] jetty protecting the southwestern side of the entrance to Gull Pond to the southeastern end of the [wood bulkheaded] jetty protecting the northeastern side of the entrance to Gull Pond (local landmarks).

Clause 41.3(b)(7)(xi)('a') is amended to read as follows:

('a') [All] Brushs Creek. During the period January 1 through December 31, both dates inclusive, all that area of Brushs Creek, including tributaries and the entrance canal, and all that area of Great Peconic Bay within a 1,000-yard radius of the southwesternmost corner of the bulkheading protecting the northern shoreline of the entrance to Brushs Creek.

Clause 41.3(b)(7)(xi)('b') is amended to read as follows:

('b') James Creek. During the period May 1 through November 30, both dates inclusive, all that area of James Creek, including tributaries and all that area of Great Peconic Bay within 350 yards in all directions of the easternmost bulkhead corner on the western shore of the entrance to James Creek.

Clause 41.3(b)(7)(xi)('c') is amended to read as follows:

('c') Deep Hole Creek. During the period January 1 through December 31, both

dates inclusive, all that area of Deep Hole Creek and tributaries lying north and west of a line extending northerly from the northernmost tip of Marratooka Point (local name) to the southernmost point of the bulkhead at 905 Willis Creek Drive.

Clause 41.3(b)(7)(xi)('d') is amended to read as follows: 

('d') During the period May [1st] 1 through November [30th,] 30, both dates inclusive, all that area of Great Peconic Bay within 500 yards in all directions of the northernmost tip of Marratooka Point (local name).

Clause 41.3(b)(7)(xi)('e') is amended to read as follows: 

('e') Halls Creek. During the period May [1st] 1 through November [30th,] 30, both dates inclusive, all that area of Halls Creek, including its tributaries.

Subclause 41.3(b)(7)(xii)('a')('1') is amended to read as follows: 

('1') During the period May [15th] 1 through October [31st,] 31, both dates inclusive, all that area of the Paradise Point Boat Basin and all that area of the [combined Reydon Shores and the Plock property boat basin (local names).] boat basin located immediately east of Reydon Drive.

Subclause 41.3(b)(7)(xii)('b')('1') is amended to read as follows: 

('1') During the period January [1st to] 1 through December [31st,] 31, both dates inclusive, all that area of Jockey Creek lying westerly of a line extending southerly from the highest point of the southern chimney on the residence at 3415 Wells Avenue to the white flagpole with the sailboat ornament, between the shoreline and the residence at 405 Pine Creek Road (local names, local landmarks).

Subclause 41.3(b)(7)(xii)('b')('2') is amended to read as follows: 

('2') During the period May [1st] 1 through November [30th,] 30, both dates inclusive, all that area of Jockey Creek, Town Creek and tributaries, lying west of a line extending southerly from the southeasternmost corner of the south end of Terry [Road] Lane directly to the [opposite shore.] northernmost point of land on the peninsula immediately east of Pine Neck Road.

Clause 41.3(b)(7)(xii)('d') is amended to read as follows: 

('d') Goose Creek. During the period May [1st] 1 through November [30th,] 30, both dates inclusive, all that area of Goose Creek lying south and west of the Goose Creek Bridge (local [Landmarks).] landmark).

Clause 41.3(b)(7)(xiii)('a') is amended to read as follows: 

('a') Oyster Ponds Creek. During the period May [1st] 1 through October [31st,] 31, both dates inclusive, all that area of Orient Harbor and its tributaries lying north and east of the fixed dock at Orient Yacht Club and then east of a line extending northerly from the northwestern corner of the northwestern most dock of the Orient Yacht Club to the highest peak on the front of the residence with a crescent shaped window at 20075 Main Road, to a point on the opposite shore of Orient Harbor 275 yards northwest of the northernmost corner of the bulkhead at the foot of Harbor River [Road] Road; and all that area of Oyster Ponds Creek in its entirety.

Clause 41.3(b)(7)(xiii)('d') is amended to read as follows: 

('d') Little Bay. During the period May 1 through October 31, both dates inclusive, all that area of Little Bay lying north and east of a line extending southeasterly from an orange monument located on the tidal wetlands on the north shore of Little Bay to an orange monument located on the opposite shore in Orient Beach State Park.

Clause 41.3(b)(8)(i)('b') is amended to read as follows:

('b') Simmons Point to Miamogue Point. [All] During the period January 1 through December 31, both dates inclusive, all creeks, canals, and boat basins located along the northern shoreline of Flanders Bay between Simmons Point and Miamogue Point.

Subparagraph 41.3(b)(8)(ii) is amended to read as follows:

(ii) Peconic River. [All] During the period of January 1 through December 31, both dates inclusive, all waters of the Peconic River and its tributaries within the Town of Riverhead.

Clause 41.3(b)(8)(iv)('a') is amended to read as follows: 

('a') [All] During the period January 1 through December 31, both dates inclusive, all that area of Long Island Sound lying within [500 yards] one-half mile of the shoreline, beginning at a point 200 yards west of the westernmost point of the west jetty at the Shoreham Canal to the [westernmost point of the bulkhead located at 158 North Side Road (Hamlet of Wading River).] northernmost point of Herod Point.

Clause 41.3(b)(8)(iv)('b') is amended to read as follows: 

('b') [All] During the period January 1 through December 31, both dates inclusive, all that area of Long Island Sound lying within 300 yards of the entrance to Baiting Hollow Creek.

Subparagraph 41.3(b)(8)(v) is amended to read as follows: 

(v) Wading River Creek. [All] During the period January 1 through December 31, both dates inclusive, all that area of Wading River Creek and its tributaries.

Subparagraph 41.3(b)(8)(vi) is amended to read as follows: 

(vi) Baiting Hollow Creek. [All] During the period January 1 through December 31, both dates inclusive, all that area of Baiting Hollow Creek and its tributaries.

A new paragraph 41.3(b)(8) 'Note' is adopted to read:

'Note': All reference points, except local landmarks or local names, in the Town of Riverhead are taken from N.O.A.A. Nautical Chart No. 12358, 23rd Ed., Apr. 2019 and/or No. 12354, 47th Ed., Dec. 2018.

Clause 41.3(b)(9)(i)('a') is amended to read as follows:

('a') During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of Port Jefferson Harbor, including tributaries, lying east and south of a line extending northerly from the flagpole located at the foot of Washington Street, Poquott, to [the channel marker buoy G "5" Fl G 4s BELL,] Port Jefferson Harbor Lighted Bell Buoy "5", and thence continuing northeasterly to the landwardmost point of the rock ruins located at the foot of Anchorage Road, Belle Terre (local names, local landmarks).

Clauses 41.3(b)(9)(i)('b') through 41.3(b)(9)(i)('e') are repealed.

A new clause 41.3(b)(9)(i)('b') is adopted to read as follows:

('b') During the period January 1 through December 31, both dates inclusive, all that area of Setauket Harbor, including Little Bay and all other tributaries, lying south and west of a line extending westerly from the highest point of the turret on the residence at 71 Van Brunt Manor Road, Poquott, to the highest point of the turret on the residence at 18 Johns Road, Strongs Neck, on the opposite shoreline.

A new clause 41.3(b)(9)(i)('c') is adopted to read as follows:

('c') During the period May 1 through October 31, both dates inclusive all that area of Port Jefferson Harbor and Setauket Harbor, including tributaries, lying southerly and westerly of a line extending easterly from the northernmost chimney of the residence at 10 Preston Lane, Strongs Neck (said residence is a two story house protected by a seawall), to Port Jefferson Harbor Lighted Bell Buoy "5", and thence continuing southeasterly to the flagpole located at the foot of Washington Street (Village of Poquott).

A new clause 41.3(b)(9)(i)('d') is adopted to read as follows:

('d') During the period January 1 through December 31, both dates inclusive, all that area of Conscience Bay, including tributaries, lying south of a line extending northeasterly from utility pole "NYT 183" (with transformer), located across Old Field Road from the residence located at 92 Old Field Road (local landmark), to the top of the chimney on the residence at 22 Conscience Circle, Strongs Neck (local landmark, said residence is a gray, two-story house).

A new clause 41.3(b)(9)(i)('e') is adopted to read as follows:

('e') During the period May 1 through October 31, both dates inclusive, all that area of Port Jefferson Harbor, the Narrows and Conscience Bay, including tributaries, lying westerly of a line extending due North (0 degrees true) from the southwestern corner of the fixed dock serving the residence at 23 Brewster Lane, Strongs Neck (also known as Spy Coast Farm), to the orange monument on the southern shoreline of the Old Field Beach peninsula (local names, local landmarks).

Subparagraph 41.3(b)(9)(ii) is amended to read as follows: 

(ii) Flax Pond. During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of Flax Pond, including tributaries, lying southerly of a line extending easterly from the northernmost point of the western jetty to the northernmost point of the eastern jetty at the inlet.

Clause 41.3(b)(9)(iii)('a') is amended to read as follows: 

('a') During the period May [1st] 1 through October [31st,] 31, both dates inclusive, all that area of Mount Sinai Harbor, including tributaries, lying southerly of a line extending easterly from the northernmost point of the west jetty at the harbor entrance to the northernmost point of the east jetty at the harbor entrance.

Clause 41.3(b)(9)(iii)('b') is amended to read as follows: 

('b') During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of Mount Sinai Harbor, including tributaries lying south of a line extending westerly from the northernmost point of the bulkhead at the Town of Brookhaven access point known locally as Satterly Landing (located on the northern side of Shore Road and west of the residence at 182 Shore Road, local landmarks) to the northernmost end of the small white building known locally as "Adee's Boathouse" (local landmark), located on the opposite western shoreline.

Subparagraph 41.3(b)(9)(v) is amended to read as follows: 

(v) Wading River Creek. [All] During the period January 1 through December 31, both dates inclusive, all that area of Wading River Creek and its tributaries.

Clause 41.3(b)(9)(vi)('a') is amended to read as follows: 

Clause 41.3(b)(9)(vi)('b') is amended to read as follows: 

('b') [All] During the period January 1 through December 31, both dates inclusive, all that area of the canal serving the former Long Island Lighting Company facility at Shoreham lying south of a line drawn between the northernmost tips of the two rock jetties serving said canal (local landmarks).

Paragraph 41.3(b)(9) 'Note' is amended to read as follows:

'Note:' All reference points, except local landmarks or local names, in the Town of Brookhaven (North Shore) are taken from N.O.A.A. Nautical Charts No. 12354, 47th Ed., Dec. 2018 and/or No. 12362, 18th Ed., Aug. 2016 and/or No. 12363, 42nd Ed., Apr. 2015 and/or No. 12364, 41st Ed., Apr. 2020 and U.S.C.G. Light List Volume 1, [2021.] 2022.

Clause 41.3(b)(10)(i)('c') is amended to read as follows:

('c') Fresh Pond. [All] During the period January 1 through December 31, both dates inclusive, all that area of Fresh Pond and its [tributaries] outlet channel to Smithtown Bay in their entirety.

Clause 41.3(b)(10)(ii)('b') is amended to read as follows:

('b') [All] During the period January 1 through December 31, both dates inclusive, all that area of Stony Brook Creek (local name) and tributaries lying south and east of a line extending northerly from the northwesternmost corner of the two story residence at 15 Emmet Drive (said residence is a beige two story house with five large brick chimneys) to the [landwardmost end of the southernmost] southeasternmost corner of the fixed dock at Stony Brook Boat Works (located on the western side of Shore Road, Stony Brook, local landmarks).

Subparagraph 41.3(b)(11)(vii) is repealed.

Subparagraph 41.3(b)(11)(iv) is renumbered 41.3(b)(11)(vii).

Subparagraph 41.3(b)(11)(iii) is renumbered 41.3(b)(11)(iv) and amended to read as follows:

(iv) Huntington Harbor. [All] During the period January 1 through December 31, both dates inclusive, all that area, including tributaries, lying southerly, [westerly] westerly, and easterly of a line extending easterly from the northeasternmost end of the sea wall protecting the western entrance to Huntington Harbor to the northernmost end of the rock and concrete rubble bulkhead-jetty protecting the eastern entrance to Huntington Harbor, local landmark.

Subparagraph 41.3(b)(11)(ii) is renumbered 41.3(b)(11)(iii).

Renumbered clause 41.3(b)(11)(iii)('a') is amended to read as follows: 

('a') During the period January [1st] 1 through December [31st,] 31, both dates inclusive, all that area of Centerport Harbor, including tributaries, lying southerly of a line extending northeasterly from the [easternmost] southeasternmost point of the fixed dock serving the Huntington Beach Community Association (HBCA) to the southwesternmost corner of the barn-like structure known as the Windsurfing Center at the Town of Huntington Centerport Beach (local names, local landmarks). The HBCA dock is located on the western shore of the harbor, approximately 85 feet northerly of the boat launching ramp at the foot of Adams Street, Centerport.

Renumbered clause 41.3(b)(11)(iii)('b') is amended to read as follows: 

('b') During the period May [1st] 1 through October [31st,] 31, both dates inclusive, all that area of Centerport Harbor, including tributaries, lying southerly of a line extending easterly from the [southernmost end] easternmost corner of the white-painted garage with red-colored shingled roof (located near the western shoreline of Centerport Harbor on the property at 76 Knollwood Road, local names and local landmarks) to the gazebo with sailboat weather vane [(located on the hillside near the eastern shoreline of Centerport Harbor on the property] located at 247 Little Neck Road, [local] (local names and local landmarks) and lying northerly of the line described in clause ('a') of this subparagraph.

Subparagraph 41.3(b)(11)(i) is renumbered 41.3(b)(11)(ii).

Renumbered clause 41.3(b)(11)(ii)('a') is amended to read as follows:

('a') [All] During the period January 1 through December 31, both dates inclusive, all that area of Northport Bay, Northport [Harbor] Harbor, Steers Canal, and tributaries lying southerly of a line extending northeasterly from the highest point of the green domed cupola of the residence located at 24 Mariner Court, Centerport, on the northeastern shore of Little Neck Point, to the highest point of the gazebo located between the shoreline and the residence at 8 Hawkins Drive, Northport (local names, local landmarks), located near the eastern shore of Northport Bay.

Subparagraph 41.3(b)(11)(v) is renumbered 41.3(b)(11)(i).

Renumbered clause 41.3(b)(11)(i)('a') is amended to read as follows:

('a') Fresh Pond. [All] During the period January 1 through December 31, both dates inclusive, all that area of Fresh [Pond.] Pond and its outlet channel to Smithtown Bay in their entirety.

Subparagraph 41.3(b)(11)(vi) is renumbered 41.3(b)(11)(v).

Renumbered clause 41.3(b)(11)(v)('b') is amended to read as follows:

('b') During the period May [1st] 1 through October [31st,] 31, both dates inclusive, all that area of Lloyd Harbor lying west of a line extending southerly from the southernmost point of land, lying south of Lloyd Harbor Road and west of the intersection of Lloyd Harbor Road and Fiddlers Green Drive on the Lloyd Neck shoreline, to the western side of the Mill Pond Association paved parking area located at the end of School Lane on the opposite shore on West Neck (local names, local landmarks).

Subparagraph 41.3(b)(11)(vii) is renumbered 41.3(b)(11)(vi).

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Part 41 Sanitary Condition Of Shellfish Lands (Spring 2022) - Express Terms

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