N.J. Admin. Code § 7:12-1.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:12-1.4 - Immediate shellfish harvest suspensions and restrictions

(a) The Department shall immediately suspend harvest in areas impacted by an intermittent pollution episode or emergency condition when the event has or may have a deleterious impact on public health. Examples of such events include the following: wastewater facility malfunctions, sewer line breaks, malfunctioning septic systems, catastrophic storm events, or other hazardous material spills. The Department shall consider the following factors in determining the necessity, area extent, and length of such a suspension:

1. The type and quantity of the material spilled or discharged;

2. The location of the spill or discharge or naturally occurring harmful algal blooms;

3. The duration of the spill or discharge or naturally occurring harmful algal blooms;

4. The proximity to shellfish beds of the spill or discharge;

5. The hydrographic characteristics of the waterway; and

6. Any site-specific factors related to (a)1 through 5 above.

(b) The Department shall immediately suspend harvest in any waters that, at the time of sampling, do not meet the standards for the particular waters' classification, pending the establishment by rulemaking of the appropriate classification and boundaries of the waters as Prohibited, Restricted, Conditionally Restricted, Conditionally Approved, or Approved under this chapter.

(c) The Department shall develop a marine biotoxin contingency plan to routinely sample shellfish growing water for marine organisms. The Department shall expand the sampling and analysis of shellfish waters and/or shellfish tissue in the event that phytoplankton that produce various marine biotoxins or naturally occurring harmful algal blooms are identified in a harvest area. The Department shall immediately suspend shellfish harvest in the event that it is determined that the level of biotoxin present in shellfish meats or the level of naturally occurring harmful algal blooms in the waters of the harvest area is sufficient to cause a health risk.

1. The factors considered in determining the necessity, extent, and length of such a suspension shall include:

i. The concentration of naturally occurring harmful algal or biotoxin producing phytoplankton and/or biotoxin levels present;

ii. The location of phytoplankton;

iii. The proximity to shellfish beds of the phytoplankton or biotoxin levels;

iv. The hydrographic characteristics of the waterway;

v. Meteorological conditions; and

vi. Any site-specific factors related to (c)1i through v above.

(d) The Department shall conduct, in accordance with the NSSP Guide, an annual assessment to determine the risk of Vibrio parahaemolyticus illness and Vibrio vulnificus illness from the consumption of shellfish harvested from shellfish growing waters. Based on the results of the risk assessment, the Department shall develop and annually update and implement a Vibrio parahaemolyticus Control Plan and a Vibrio vulnificus Control Plan. The Control Plans establish control measures to minimize growth of Vibrio parahaemolyticus and/or Vibrio vulnificus in shellfish. The Control Plans are available at http://www.nj.gov/dep/bmw, or from the address at 7:12-1.1(l). Vibrio parahaemolyticus Control Plan time to temperature requirements are set forth at N.J.A.C. 7:12-8.6.

(e) The Department shall immediately notify representatives of agencies or organizations affected by a harvest suspension or restriction under this section by fax or e-mail. Notice of harvest suspension or restriction shall be posted in areas where those harvesting shellfish would be likely to enter the water. Notice shall also be posted at www.nj.gov/dep/bmw. The following agencies or organizations shall be notified:

1. The designated enforcement unit(s) in the area in which the suspension or restriction occurred;

2. The shellfish program in the Department of Health and the health agencies in the county in which the suspension or restriction occurred;

3. The U.S. Food and Drug Administration;

4. The U.S. Environmental Protection Agency; and

5. Members of the Atlantic Coast Shellfish Council and/or the Delaware Bay Shellfish Council.

N.J. Admin. Code § 7:12-1.4

Amended and recodified from 7:12-1.5 by 48 N.J.R. 1911(a), effective 9/19/2016