N.J. Admin. Code § 7:12-1.1 - Scope; general provisions

(a) In order to protect the health, safety, and welfare of the public from the risks associated with the consumption of shellfish, this chapter sets forth the rules of the Department of Environmental Protection concerning the harvest or use of shellfish from waters other than Approved pursuant to 58:24-1 et seq., and the aquaculture of shellfish in all waters of the State pursuant to 50:1-5 et seq. This chapter establishes:

1. The procedures for the classification of shellfish waters and the boundaries of the waters so classified;

2. The procedures for the Department to impose immediate shellfish harvest suspensions and restrictions;

3. The requirements for shellfish license holders for the harvest, handling, and transport of shellfish in order to ensure harvested shellfish are safe for human consumption; and

4. Permits for the following:

i. Depuration plants;

ii. Depuration harvesters;

iii. Harvest of surf clams for bait;

iv. Harvest for relay;

v. Harvest for transplant;

vi. Shellfish research in waters other than Approved;

vii. Shellfish restoration and/or enhancement in waters other than Approved;

viii. Growing seed in waters other than Approved by a nonprofit or government agency;

ix. Short-term use of shellfish for toxins monitoring in waters other than Approved;

x. Production and growing of seed by a hatchery or nursery in waters other than Approved; and

xi. Commercial shellfish aquaculture in Approved waters.

(b) The enforcement of the provisions of this chapter by the Department or its agents shall be coordinated with and be in conjunction with any and all other State and Federal agencies exercising jurisdiction over practices of the shellfish industry.

(c) If any provision of this chapter or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(d) Pursuant to 58:24-7 , the Department shall have free access to all oyster or clam beds, places of business, and all other places where shellfish are grown, kept, stored, had in possession with intent to distribute or sell, or sold, and also to all streams, tributaries thereof and land adjacent thereto, the waters draining from which may come in contact with such shellfish. Pursuant to 23:2B-9 , the Department may inspect on request and at reasonable hours any record required to be maintained under this chapter.

(e) The Department of Environmental Protection, together with the Department of Health, may make such inspection of such places and take such samples of shellfish or other substances as it may deem necessary to carry out the purposes of this chapter.

(f) No person shall obstruct or interfere with any officer or employee of the State while such officer or employee is engaged in the performance of duties related to shellfish sanitation.

(g) Special shellfish buoys, signs, and markers showing areas other than Approved are considered to be under the control of the State as provided by RS 12:4-2 and any person who removes or destroys these buoys, signs and/or markers shall be liable to a penalty of $ 60.00; or any person who damages or removes any shellfish sign, buoy, or marker showing a shellfish area classified other than Approved may be prosecuted for criminal mischief, 2C:17-3. These signs, markers and buoys are provided as a means of public information only.

(h) No person shall throw or dump into the water or otherwise dispose of the contents of any pail, bag, or basket, or any matter whatsoever after being hailed by any member of the designated enforcement unit(s) and before the authorized officer has inspected the same.

(i) All persons onboard a vessel shall immediately comply with all lawful instructions issued by any member of the designated enforcement unit(s) to facilitate safe boarding and inspection of the vessel, equipment, and catch for the purpose of enforcement of this chapter.

(j) Charts designating growing water classifications are available from the Bureau of Marine Water Monitoring at the address set forth at (l) below, the Division of Fish and Wildlife Shellfisheries Field Offices at Bivalve and Nacote Creek, and at www.nj.gov/dep/bmw. Notice of any emergency closure or harvest suspension imposed pursuant to 7:12-1.4 shall be provided in accordance with 7:12-1.4(e) , including posting at www.nj.gov/dep/bmw.

(k) This chapter recognizes the National Shellfish Sanitation Program as the Federal/State cooperative program that provides for the sanitary control of molluscan shellfish produced and sold for human consumption. Participants in the NSSP include agencies from shellfish producing states, Federal agencies (U.S. Food and Drug Administration, U.S. Environmental Protection Agency, and National Oceanic and Atmospheric Administration), and the shellfish industry. A 1984 Memorandum of Understanding between the FDA and the Interstate Shellfish Sanitation Conference (ISSC) specified that the purpose of the ISSC is to provide a formal structure for state regulatory authorities to participate in establishing updated procedures for uniform state application of the NSSP. The ISSC has adopted formal procedures for state and industry representatives to review shellfish sanitation issues and establish regulatory guidelines. Following FDA concurrence, the guidelines are published in revisions to the NSSP "Guide for the Control of Molluscan Shellfish" (NSSP Guide). The NSSP Guide may be obtained from the U.S. Food and Drug Administration website at http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2006754.htm. Individual provisions of the NSSP Guide become part of this chapter through rulemaking.

(l) Charts, permit application forms, and other information can be downloaded from the Bureau website, www.nj.gov/dep/bmw; requested by sending an e-mail to bmwm@dep.nj.gov; or obtained in person or by mail from the Bureau at the following address:

NJ Department of Environmental Protection

Bureau of Marine Water Monitoring

929 Stoney Hill Road

PO Box 405

Leeds Point, NJ 08220

Notes

N.J. Admin. Code § 7:12-1.1

Amended by 48 N.J.R. 1911(a), effective 9/19/2016