Section 11-35-6 - Shellfish growing areas(a) No person shall buy sell, offer for sale, receive, keep, transport, deliver, or take any shellfish not declared by the department to be approved or otherwise fit for direct marketing.(b) A sanitary survey shall be made by the department of each shellfish growing area prior to its classification as "approved," "restricted," or "prohibited." A sanitary survey shall evaluate all sources of actual and potential pollution in the area including but not limited to pesticides, industrial wastes and sewage effluent. In addition, the effect of wind action, water flow and currents in distributing polluting materials over a growing area shall be considered.(c) Growing areas shall be designated as approved after the sanitary survey conducted by the department indicates that pathogenic microorganisms, paralytic shellfish poisons, heavy metals and pesticides are not present in dangerous concentrations as specified below. This classification of the growing area shall be verified by laboratory tests whenever the sanitary survey indicates the need. Shellfish from approved areas may be harvested for direct marketing. (1) Water standards. (A) Fecal coliform median MPN - The fecal coliform median MPN of the water samples shall not exceed fourteen per one hundred milliliters (ml) and not more than ten percent of the samples shall exceed an MPN of forty-three for a five-tube decimal dilution test. The fetal coliform standard shall be used as the primary bacteriological standard to evaluate a growing area. The sampling frequency shall be determined by the director, based on past history of data collected and the results of the sanitary survey.(B) Total coliform median MPN - The total coliform median MPN should not exceed seventy per one hundred ml, and not more than ten per cent of the samples exceed an MPN of two hundred thirty per one hundred ml for a five-tube decimal dilution test. The total coliform median MPN of the water samples shall be used as an alert level indicator of possible fecal pollution.(C) There shall be no continual or periodic occurrence of environmental indicators of a potential paralytic shellfish poisoning such as an algal bloom ("red tide"), animal mortality (e.g., fish kills, bird kills), intoxicated/sluggish animals, or irritating/burning aerosols in water.(2) Shellfish meat standards. (A) Fecal coliform - Shellfish meats from an approved growing area should not exceed a fetal coliform MPN median of one hundred thirty per one hundred grams and a 35°C plate count of one hundred thousand per gram of shellfish meat.(B) Paralytic shellfish poisons (PSP)-PSP content of the edible portion of shellfish meat shall not exceed eighty micrograms of toxin per one hundred grams of meat as established in the "Recommended Procedures for the Examination of Seawater and Shellfish" (APHA, Fourth Edition, 1970).(C) Heavy metals-Mercury has an action level of one part per million. The alert levels for zinc, copper, cadmium, lead and chromium shall be as stated in the "Proceedings-Seventh National Shellfish Sanitation Workshop, 1971" as listed below. | Elements | Shellfish (in parts per million) |
| Zinc | 1,500 |
| Copper | 100.00 |
| Cadmium | 2.00 |
| Lead | 2 |
| Chromium | 2.00 |
(D) Pesticides - The levels of pesticides in shellfish in an approved growing area should not exceed the proposed standards as stated in appendix D of the "Proceedings-Sixth National Shellfish Sanitation Workshop, 1968," and as listed in the following table. | Shellfish | Pesticide (in parts per million) |
| Aldrin | 0.20 |
| BHC (Benzenehexachloiide) | 0.20 |
| Chlordane | 0.03 |
| DDT) | |
| DDE) Any one or all not to exceed | 1.50 |
| DDD) | |
| Dieldrin | 0.20 |
| Endrin | 0.20 |
| Heptachlor | 0.20 |
| Heptachlor Epoxide | 0.20 |
| Lindane | 0.20 |
| Methoxychlor | 0.20 |
| 2,4-D(2,4-dichlorophenoxy-acetic acid) | 0.50 |
(b) Areas shall be classified as restricted when a sanitary survey indicates a moderate potential for pollution which would make it unsafe to harvest shellfish for direct marketing. (1) The total coliform median MPN of the water samples exceeds seventy per one hundred ml but does not exceed seven hundred per one hundred ml and not more than ten per cent of the samples exceed an MPN of two thousand three hundred per one hundred ml.(2) The fecal coliform median MPN of the water samples exceeds fourteen per one hundred ml and more than ten per cent of the samples exceeds an MPN of forty-three for a five-tube decimal dilution test.(c) Areas shall be classified as prohibited if the sanitary survey indicates that the total coliform median MPN of the water exceeds seven hundred per one hundred ml or more than ten per cent of the samples have a total coliform MPN in excess of two thousand three hundred per one hundred ml.(d) Growing areas in which sanitary surveys have not been made shall be automatically classified as prohibited.(e) The taking of shellfish from prohibited areas for direct marketing shall be prohibited.[Eff. SEP 18 1981] (Auth: HRS §§ 321-09, 321-10, 321-11, 328-21) (Imp: HRS §§ 321-11, 328-21)