1. The department periodically shall examine all shellfish lands within the marine district and the Hudson River between the Governor Mario M. Cuomo bridge and the federal dam at Troy to ascertain the sanitary condition thereof in accordance with regulations promulgated pursuant to section 13-0319 of this title.

2. The department, following an examination, shall certify which shellfish lands are in such sanitary condition that shellfish thereon may be taken for use as food. Such lands shall be designated as certified shellfish lands, and all other shellfish lands as uncertified shellfish lands.

3. The department, annually, and as often as it deems necessary, shall publish in a newspaper in the county in which such lands are located a notice containing a description, in plain language, of uncertified shellfish lands and stating that a legal description of such lands is available from the department. The department shall make a legal description of uncertified shellfish lands available to the public upon request.