Statewide - Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0307, and 13-0319 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands, pertaining to changes in classification in Suffolk County and updates the definitions and certification requirements for shellfish lands.

The proposed rule is necessary for the preservation of the public health. ECL section 13-0307 requires that NYS DEC examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also amend methods for the distribution of notices of classification changes, reduce restrictions, clarify descriptions for enforcement purposes, reduce complexity and improve readability of the regulations.

This notice will be published in issue 25 of the State Register, dated June 18, 2024.

For further information please contact:

Alyssa Cassar
NYS Department of Environmental Conservation
123 Kings Park Blvd. (Nissequogue River State Park)
Kings Park, NY 11754
Telephone: (631) 240-2768
E-mail: [email protected]
Subject: Shellfish Closures