(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. (1) Town of Hempstead.

   1. (i) Jamaica Bay. All of Jamaica Bay and its tributaries lying within the Town of Hempstead.

   2. (ii) Hempstead Bay.

      1. (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’).
      2. (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.
      3. (c) 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.
      4. (d) 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.
      5. (e) During the period of November 1st through May 31st, 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.
      6. (f) Short Beach Boat Basin. During the period May 1st through October 31st, both dates inclusive, all that area of the Short Beach Boat Basin, including entrance channels, lying southerly of Sloop Channel.

   3. (iii) Atlantic Ocean.

      1. (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 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).
      2. (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).
      3. (c) Jones Inlet. 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).

   4. (iv) South Oyster Bay.

      1. (a) 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. (1) 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).
      2. (b) During the period September 1st through March 31st, 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).
      3. (c) During the period May 1st through October 31st, 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.

   5. (v) Zachs Bay.

      1. (a) During the period May 1st through October 31st, both dates inclusive, all that area of Zachs Bay, including tributaries lying southerly of the State Boat Channel.

      2. (b) During the period January 1st through December 31st, 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. Note:

         Note:

         All reference points, except local landmarks or local names, in the Town of Hempstead are taken from N.O.A.A. Nautical Charts No. 12352, 36th Ed., May 2020 and/or No. 12326, 53rd Ed., Jan. 2016 and U.S.C.G. Light List Volume 1, 2021.

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

   1. (i) South Oyster Bay.

      1. (a) 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.
      2. (b) During the period September 1st through March 31st, 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).
      3. (c) During the period May 1st through October 31st, 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.
   2. (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).

   3. (iii) Zachs Bay.

      1. (a) During the period May 1st through October 31st, both dates inclusive, all that area of Zachs Bay, including tributaries, lying southerly of the State Boat Channel.

      2. (b) During the period January 1st through December 31st, 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.

         Note:

         All reference points, except local landmarks or local names, in the Town of Oyster Bay (South Shore) are taken from N.O.A.A. Nautical Charts No. 12352, 36th Ed., May 2020 and/or No. 12326, 53rd Ed., Jan. 2016.

   4. (iv) Guggenheim Pond.

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

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

      1. (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.
   6. (vi) Seaford Harbor Yacht Club. During the period May 1st through October 31st, 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. (3) Town of North Hempstead. Note: Note:

   1. (i) Long Island Sound.

      1. (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.

      2. (b) All tributaries of Long Island Sound between Matinecock Point and Middle Chimney west of Oak Neck Point (local names, local landmarks).

         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.

   2. (ii) Hempstead Harbor.

      1. (a) 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 westernend 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).
      2. (b) All that area of East Creek (the tidal creek and wetlands) located southerly of Prospect Point.
      3. (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.
      4. (d) All that area of West Pond and that portion of Hempstead Harbor lying between lines extending 500 feet northwesterly from the seaward ends of the rock jetties on each side of the entrance to West Pond (local names, local landmarks).
      5. (e) 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).
   3. (iii) Dosoris Pond. All that area of Dosoris Pond.

   4. (iv) Frost Creek. 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 North Hempstead are taken from N.O.A.A. Nautical Charts No. 12364, 41st Ed., Apr. 2020 and/or No. 12366, 30th Ed., Oct. 2014 and U.S.C.G. Light List Volume 1, 2021.

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

   1. (i) Long Island Sound.

      1. (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.
      2. (b) All tributaries of Long Island Sound between Matinecock Point and Middle Chimney west of Oak Neck Point (local names, local landmarks).

   2. (ii) Hempstead Harbor.

      1. (a) 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).
      2. (b) All that area of East Creek (the tidal creek and wetlands) located southerly of Prospect Point.
      3. (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.
      4. (d) All that area of West Pond and that portion of Hempstead Harbor lying between lines extending 500 feet northwesterly from the seaward ends of the rock jetties on each side of the entrance to West Pond (local names, local landmarks).
      5. (e) 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).
   3. (iii) Dosoris Pond. During the period January 1 through December 31, both dates inclusive, all that area of Dosoris Pond.
   4. (iv) Frost Creek. 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.

   5. (v) Oyster Bay Harbor.

      1. (a) 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 and thence continuing westerly to buoy G C “5” located in the main channel southeast of Brickyard Point, thence continuing southwesterly to the northeasternmost corner of the earth filled bulkhead at Jakobsen's Shipyard (local landmark).
      2. (b) 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).
      3. (c) All that area, including tributaries, lying northerly of a line extending westerly from the southernmost tip of Plum Point to the southernmost tip of the dock located in front of the main clubhouse of the Seawanhaka-Corinthian Yacht Club (local landmarks).

      4. (d) Oyster Bay Cove.

         1. (1) During the period January 1st through December 31st, both dates inclusive, all that area of the Cove, including tributaries, lying southerly of a line extending easterly from the northernmost point of land at Weeks Point (local name, 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).
         2. (2) During the period May 1st through October 31st, both dates inclusive, all that area of the Cove, including tributaries, lying easterly and southerly of a line extending northeasterly from the northernmost point of land at Weeks Point 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.
      5. (e) During the period May 1st through October 31st, both dates inclusive, all that area lying easterly of the Bayville Bridge 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).
   6. (vi) Mill Neck Creek (Mill Neck Bay). All that area, including tributaries, lying westerly of the Bascule Bridge which connects the Villages of Mill Neck and Bayville (local names).

   7. (vii) Cold Spring Harbor.

      1. (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.
      2. (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.

      3. (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:

         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.