The Trustees have consulted with NYSDEC and confirmed that the following notice:
- Rescinds the seasonal shellfish harvest closure in the northeast portion of Napeague Harbor and
- Modifies some statute language regarding the southwest portion of Napeague Harbor, which is currently and remains seasonally closed to shellfishing.
Shellfish Harvesters in the Town of East Hampton
The New York State Department of Environmental Conservation, Shellfisheries Section (Department) has filed a notice of adoption with the Department of State as part of the regulatory process regarding recent regulatory changes to the classification of shellfish lands. With this filing it has been determined that the recently implemented downgrade in classification within Napeague Harbor is no longer necessary and has been stricken from the rulemaking documents.
Due to this determination, the Department has filed a Notice of Adoption that amends 6NYCRR, Section 41.3, “Sanitary Condition of Shellfish Lands,” in Suffolk County.
On October 1, 2024 DEC filed a Notice of Adoption to amend Title 6 of the New York Codes, Rules and Regulations, Section 41.3, “Sanitary Condition of Shellfish Land,” in Suffolk County. The new regulatory changes are EFFECTIVE once published in the NYS Register, which is scheduled forOctober 16, 2024.
As a result:
Highlights of changes are:
Napeague Harbor:
- The recent downgrade of 36-acres of Napeague Harbor from certified year-round to seasonally uncertified from May 1 through October 31 has been stricken from the rulemaking and the area has reverted to its previous classification as certified year-round.
Please refer to the attached “Special Notice to Shellfish Harvesters” for further details on the regulatory changes.
SPECIAL NOTICE TO ALL SHELLFISH HARVESTERS IN THE TOWN OF EAST HAMPTON
NOTICE OF CHANGES TO THE SANITARY CONDITION OF SHELLFISH LANDS IN AND ADJACENT TO THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK
The New York State Department of Environmental Conservation, Shellfisheries Section (Department) has filed a notice of adoption with the Department of State as part of the regulatory process regarding recent regulatory changes to the classification of shellfish lands. With this filing it has been determined that a recently implemented downgrade in classification within Napeague Harbor near the Town of East Hampton’s off-bottom culture site is no longer necessary and has been stricken from the rulemaking documents.
Due to this determination, the Department has filed a Notice of Adoption that amends 6NYCRR, Section 41.3, “Sanitary Condition of Shellfish Lands,” in Suffolk County.
Highlights of changes are:
Napeague Harbor:
- The recent downgrade of 36-acres of Napeague Harbor from certified year-round to seasonally uncertified from May 1 through October 31 has been stricken from the rulemaking and the area has reverted to its previous classification as certified year-round.
- The new regulatory changes are EFFECTIVE once published in the NYS Register, which is scheduled for October 16, 2024: State Register | Department of State (ny.gov)
The following changes were made to Part 41, “Sanitary Condition of Shellfish Lands” (new text is underlined, old text that was removed is [bracketed]).
Section 41.0. Introduction was amended to read as follows:
The following is a statement of sanitary condition of shellfish lands in New York State. Notice of changes in classification will be posted online at https://dec.ny.gov/regulatory/regulations/proposed-emergency-recently-adopted-regulations and sent to [baymen] holders of a New York State shellfish diggers permit by electronic communication or by mail as and when they may occur.
Subparagraph 41.3(b)(5)(ix) is amended to read as follows:
(ix) Napeague Harbor. During the period May 1 through October 31, both dates inclusive, all that area of Napeague Harbor and its tributaries lying west of a line extending northwesterly from LIPA telephone pole number 14 on Napeague Meadow Road (said telephone pole has an osprey platform on top) to the southeasternmost point of land on the western side of the outlet creek of Napeague Pond (said creek outlet is southwest of Shore Drive West).
Clauses 41.3(b)(5)(ix)(‘a’) and 41.3(b)(5)(ix)(‘b’) are repealed.
A hard copy of the “Special Notice To Shellfish Harvesters” will be mailed to all Town of East Hampton residents holding a 2023 or 2024 NYS shellfish diggers permit. If you have questions, you may call the DEC-Bureau of Shellfisheries at 631-444-0492 during regular office hours, 8:00 a.m. to 4:00 p.m., Monday through Friday.
Shellfish Harvest Area Classification Unit
Bureau of Shellfisheries, Division of Marine Resources
New York State Department of Environmental Conservation
123 Kings Park Boulevard (Nissequogue River State Park), Kings Park, NY 11754
General Inquiries: (631) 444-0492 | Emergency Closures: (631) 444-0480 dec.ShellfishClosures@dec.ny.gov