S.C. Code Regs. § § 61-47.D

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-47.D - SPECIAL SHELLSTOCK HANDLING

1. Relaying.

(a) Shellstock may be harvested and relayed from restricted or conditionally restricted areas to approved or conditionally approved areas for natural biological purification. The shellstock for relaying shall be of such quality that purification will be effective in reducing contaminants to safe levels.

(b) Following approval by the South Carolina Department of Natural Resources, relaying operations may be permitted and supervised by the Department. Only shellfish harvested from waters meeting approved area criteria as defined in B.3 shall be certified for marketing.

(c) Applications for Relay Permits must designate whether the shellfish are being relayed for direct marketing or for South Carolina Department of Natural Resources planting credit purposes.

(d) Shellfish relayed from a restricted or conditionally restricted area to an approved area for subsequent harvesting for direct marketing purposes shall remain planted for a period of not less than fourteen (14) consecutive days when the water temperature is above fifty (50) degrees Fahrenheit [ten (10) degrees Centigrade]. If the water temperature is less than fifty (50) degrees Fahrenheit, the Department shall make a determination as to an adequate time period to ensure natural purification. Shellfish relayed from a restricted area to a conditionally approved area for direct marketing purposes shall remain planted for a period of not less than fourteen (14) consecutive days when the water temperature is above fifty (50) degrees Fahrenheit and the area is in an open status. If the water temperature is less than fifty (50) degrees Fahrenheit, or if the area is downgraded to a closed status, the Department shall make a determination as to an adequate time period to ensure natural purification.

(e) Shellfish relayed for planting credit purposes shall remain planted for a minimum of four months.

(f) Shellfish relayed to approved or conditionally approved areas shall not be re-harvested until authorized by the Department.

(g) Areas to which shellstock are relayed shall be readily identified and marked. These areas shall be situated in a manner to avoid contamination of shellstock in adjacent growing areas.

2. Interstate Relaying. Shellstock shall not be relayed from the State to another state without prior approval of the Department and the responsible state agency that will receive the shellstock. The United States Department of Health and Human Services, Food and Drug Administration, shall be informed of such interstate activities.

3. Wet Storage. Harvested shellstock may be held in wet storage in approved shellfish growing waters or land-based ponds or tanks where effective control measures are enforced to keep shellfish fresh and protected from contamination. Proper shellstock identification as outlined in item C.1. (c)(1) must be maintained during wet storage.

(a) Permit Requirements. Prior to the wet storage of molluscan shellfish in approved near-shore growing waters, application for a Wet Storage Facility Operating Permit shall be made to and obtained from the Department. Prior to the construction, expansion or modification of any land-based wet storage facility, application for a Wet Storage Facility Construction Permit shall be made to, and a Wet Storage Facility Construction Permit obtained from, the Department. Prior to operating any land-based wet storage facility, application for a Wet Storage Facility Operating Permit shall be made to and obtained from the Department. Wet Storage Operating Permits shall be issued only in conjunction with a Certified Shipper Certificate.

(b) Wet Storage in approved near-shore shellfish growing waters - Operating Permit Requirements. Information related to the proposed construction and operation of a near-shore wet storage facility shall be submitted for Department review and approval. This information shall be provided in the form of a written operational plan detailing the scope and extent of the proposed activity, including, but not necessarily limited to location, type of construction, and species of shellfish stored. The operational plan shall address the following:

(1) the purpose of the wet storage activity, such as holding, conditioning, or increasing the salt content of shellstock;

(2) any species specific physiological factors that may affect design criteria;

(3) location of near-shore storage structures;

(4) details of the design and proposed construction of the storage structures that address the following minimum construction standards to:

(a) allow the free flow of water to shellfish; and

(b) be constructed of non-toxic materials; and

(c) be constructed so as to protect shellfish from physical, chemical or thermal conditions that may compromise shellfish survival, quality or biological activity.

(c) The Department shall issue an operating permit after approval of the operational plan and completion of a satisfactory Department inspection of the constructed facility.

(d) Wet Storage in land-based ponds or tanks.

(1) Construction Permit Requirements. An Operational Plan shall be provided in conjunction with the Wet Storage Facility Construction Permit application. The Operational Plan shall address the following:

(a) the purpose of the wet storage activity, such as holding, conditioning or increasing the salt content of shellstock;

(b) any species-specific physiological factors that may affect design criteria;

(c) details of the design and proposed construction of the onshore storage facility as required by item D.3(d)(2), source, quantity and quality of water to be used for wet storage as required by item D.3(d)(3), and details of the design and proposed construction of any water treatment system.

(2) Construction Requirements. Each land-based wet storage operation shall meet the following design, construction, and operating requirements:

(a) Effective barriers shall be provided to prevent entry of birds, animals, and vermin into the area.

(b) Storage tanks and related plumbing shall be fabricated of non-toxic material and shall be easily cleanable.

(c) Tanks shall be constructed so as to be easily accessible for cleaning and inspection, self-draining and fabricated from nontoxic, corrosion resistant materials.

(d) Plumbing shall be designed and installed so that it can be cleaned and sanitized on a regular schedule, as specified in the operating procedures.

(e) Storage tank design, dimensions, and construction shall be such that adequate clearance between shellstock and the tank bottom can be maintained.

(f) Shellstock containers, if used, shall be designed and constructed so that the containers allow the free flow of water to all shellstock within a container.

(g) Buildings. When a building is used for the wet storage operation:

(i) Floors, walls, and ceilings shall be constructed in compliance with the applicable provisions of Chapter I;

(ii) Lighting, plumbing, water and sewage disposal systems shall be installed in compliance with applicable provisions of Chapter I.

(h) Outdoor Tank Operation. When the wet storage operation is outdoors or in a structure other than a building, tank covers shall be used. Tank covers shall:

(i) Be constructed of a light colored material;

(ii) Prevent entry of birds, animals or vermin;

(iii) Remain closed while the system is in operation except for periods of tank loading and unloading, or cleaning.

(3) Water Supply.

(a) The quality of source water prior to treatment shall meet, at a minimum, the bacteriological standards for the restricted classification.

(b) Any well used as source water for wet storage shall be constructed, operated and maintained in accordance with all applicable Departmental regulations.

(c) Except when the source of the water is a growing area in the approved classification, a water supply sampling schedule shall be included in the dealer's operating procedures and water shall be tested according to the schedule.

(d) Results of water samples and other tests to determine the suitability of the water supply shall be maintained for at least two (2) years.

(e) Disinfection or other water treatment such as the addition of salt cannot leave residues unless they are Generally Recognized as Safe (GRAS) [see Title 21 Code of Federal Register (21CFR) (April 1, 2007)] and unless they do not interfere with the shellstock's survival, quality or activity during wet storage.

(f) Disinfected water entering the wet storage tanks shall have no detectable levels of the coliform group as measured by a recognized multi-tube MPN test per one hundred (100) ml. for potable water.

(g) When the laboratory analysis of a single sample of disinfected water entering the wet storage tanks shows any positive result for the coliform group, daily sampling shall be immediately instituted until the problem is identified and eliminated.

(h) When the problem that is causing disinfected water to show a positive result for the coliform group is eliminated, the effectiveness of the correction shall be shown on the first operating day following correction through the immediate collection, within a 24-hour period, of a set of three samples of disinfected water and one sample of the source water prior to disinfection.

(i) For water that is disinfected by ultra-violet treatment, turbidity shall not exceed twenty (20) nephelometric turbidity units (NTUs) measured in accordance with Standard Methods for the Examination of Water and Wastewater, APHA.

(ii) The disinfection unit(s) for the water supply shall be cleaned and serviced as frequently as necessary to assure effective water treatment.

(i) Continuous Flow-through Systems.

(i) If the system is of continuous flow-through design, water from a growing area classified as:

(a) Approved may be used, without disinfection, in wet storage tanks provided that the near-shore water source used for supplying the system meets the approved classification bacteriological criteria at all times that shellstock are being held in wet storage; or

(b) Other than approved may be used if the source water is continuously subjected to disinfection and it is sampled daily following disinfection.

(ii) When a source classified as other than approved is used, a study shall be required to demonstrate that the disinfection system will consistently produce water that tests negative for the coliform group under normal operating conditions. The study shall:

(a) Include five sets of three samples from each disinfection unit collected for five consecutive days at the outlet from the disinfection unit or at the inlet to at least one of the wet storage tanks served by the disinfection system;

(b) Include one sample daily for five consecutive days from the source water prior to disinfection;

(c) Use NSSP recognized methods to analyze the samples to determine coliform levels;

(d) Require all samples of disinfected water to be negative for the coliform group;

(e) Be repeated if any sample of disinfected water during the study is positive for the coliform group.

(iii) Once sanctioned for use, the water system shall be sampled daily to demonstrate that the disinfected water is negative for the coliform group.

(j) Recirculating Water System.

(i) A water disinfection system shall be required for all recirculating wet storage systems. A study shall be required to demonstrate that the disinfection system for the recirculating system will consistently produce water that tests negative for the coliform group under all operating conditions. The study shall meet the requirements in item D.3(d)(3)(i)(ii) above.

(ii) Once sanctioned for use, the recirculating water system shall be sampled weekly to demonstrate that the disinfected water is negative for the coliform group.

(iii) When make-up water of more than ten (10) percent of the water volume in the recirculating system is added from a growing area source classified as other than approved, a set of three samples of disinfected water and one sample of the source water prior to disinfection shall be collected within a twenty four (24) hour period to reaffirm the ability of the system to produce water free from the coliform group.

(iv) When multiple tube ultra-violet treatment with redundant capacity is used as a water disinfectant, each time a bulb change is required to replace a burned out bulb, or for periodic servicing, new ultra-violet bulbs shall be installed and old bulbs discarded. When a single tube ultra-violet treatment unit or a multi tube unit without redundancy is utilized, each time a bulb change is required either to replace a burned out bulb or for periodic servicing, new ultra-violet bulbs shall be installed and old bulbs discarded, a set of three (3) samples of disinfected water and one sample of the source water prior to disinfection shall be collected within a twenty four (24) hour period to reaffirm the ability of the system to produce water free from the coliform group. Ultra-violet systems using either a single tube or multiple-tube unit with no redundancy as their disinfection system may utilize an approved ultra-violet wavelength intensity monitoring unit to demonstrate bulb integrity.

4. Depletion of Closed Areas. If depletion of shellfish in a Prohibited Area is more economical than patrolling, all shellfish of market size and as many of smaller size as can be gathered by reasonable methods may be removed from the area by the Department or under direct supervision of the Department.

5. Shellfish Habitat Preservation. For purposes of shellfish habitat preservation, the Department may, in limited instances and with special conditions, authorize the translocation of viable shellfish beds within prohibited areas. Authorization shall be considered only upon official request from the South Carolina Department of Natural Resources.

S.C. Code Regs. § 61-47.D

Amended byState Register Volume 39, Issue No. 06, eff. 6/26/2015.