ny-ENV-28-26-00001-E: New York rulemaking ENV-28-26-00001-E

I.D. No. ENV-28-26-00001-E Filing No. 891 Filing Date: 2026-09-25 Effective Date: 2026-09-25 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Action taken: Amendment of Part 41 of Title 6 NYCRR. Statutory authority: Environmental Conservation Law, sections 11-0303, 13-0307 and 13-0319 Finding of necessity for emergency rule: Preservation of public health and general welfare. Specific reasons underlying the finding of necessity: The promulgation of this regulation on an emergency basis is necessary to protect public health and general welfare. Shellfish are filter feeders that consume plankton, other minute organisms, and particulate matter found in the wa- ter column. Shellfish are capable of accumulating pathogenic bacteria, viruses, and toxic substances within their bodies. Consequently, closures of shellfish lands that do not meet water quality standards are essential for the preservation of public health. Recent evaluations of current water quality data indicate that the Rule MakingActivities bacteriological standards for certain certified shellfish lands are not being met in certain areas, and an increased risk of illness exists for shellfish distributors, restaurants, and consumers. As a result, several shellfish growing areas require reclassification. In addition, portions of two shell- fish growing areas that meet bacteriological standards for certified shell- fish lands will open to the harvest of shellfish for all or a portion of the year. These regulations also protect the shellfish industry. Commercial shell- fish harvesters, seafood wholesalers, retailers, and restaurants are adversely affected by public reaction to instances of shellfish related illness. By prohibiting the harvest of shellfish from lands that fail to meet the sanitary criteria, these regulations can ensure that only wholesome shellfish are allowed to be sold to the shellfish consumer. Technical changes are also needed to amend 6 NYCRR Part 41 to update and clarify descriptions for enforcement purposes, reduce complexity, and improve readability of the regulations. Failure to accurately and clearly describe af- fected shellfish lands may result in shellfish being consumed from areas not fit for harvesting, presenting a threat to human health. If the department does not adopt this rulemaking on an emergency basis, areas that do not meet bacteriological standards will remain open for harvest, and the consumption of potentially harmful shellfish is foreseeable. The management measures specified in this Notice of EmergencyAdop- tion are already in effect. The department originally submitted a Notice of Emergency Adoption and Proposed Rulemaking to the Department of State that was filed on June 29, 2026, and the new regulations became ef- fective that day. The public comment period for this rule ends on September 14, 2026. In order to be promulgated on time, the Notice of Adoption would have had to be f