Notice of Adoption to amend 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands, and 6 NYCRR Part 47, Certification of Shellfish Lands

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 Adoption to amend 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands, and 6 NYCRR Part 47, Certification of Shellfish Lands, to reclassify certain shellfish lands in Nassau and Suffolk Counties and update the definitions and certification requirements for shellfish lands.

ECL section 13-0307 requires that the 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 clarify descriptions for enforcement purposes, update definitions and certification requirements for shellfish lands.

This notice will be published in issue 48 of the State Register, dated November 29, 2023.