Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Criteria
for closing shellfish growing areas to harvesting -
(a) All Areas classified as Prohibited shall
be closed to the harvesting of shellfish.
(b) All Areas classified as Restricted shall
be closed to the harvesting of shellfish.
(c) All Areas classified as Temporarily
Closed shall be closed to the harvesting of shellfish.
(d) All Areas that are unclassified shall be
closed to the harvesting of shellfish
(e) Areas classified as Conditionally
Approved shall be open to the harvesting of shellfish except during the
following conditions:
1. The discharge or
spillage of any substance that is considered hazardous to public
health.
2. The presence of
biotoxins in concentrations of public health significance.
3. When the fecal coliform geometric mean
"most probable number" (MPN) of the growing area water exceeds 14 per 100
milliliters, as reported by the Alabama Department of Public Health Bureau of
Clinical Laboratories.
4. When the
stage of the Mobile River reaches 8 feet at Barry Steam Plant, Bucks, Alabama
as measured and reported by the U.S. Army Corps of Engineers.
5. If the river stage reading at Barry Steam
Plant is not available, the river stage reading at the most appropriate river
gauge as determined by the State Health Officer, that is correlated to the 8
feet river level at Barry Steam Plant.
6. Any shellfish growing area defined by
Order of the State Health Officer may have more restrictive closing and opening
standards based on environmental conditions specific for that area. The more
restrictive standards shall be stated in an Area Management Plan.
7. Any event that, in the judgment of the
State Health Officer, poses a significant public health problem.
(2)
Criteria for
reopening a closed shellfish growing area - Reopening any area will
occur only when the following conditions are met:
(a) When, based upon analyses of samples of
water from the growing area and/or shellfish from the growing area, the threat
of a public health hazard no longer exists.
(b) When, based upon analyses of samples of
water from the growing area and/or shellfish from the growing area, a threat to
public health due to marine biotoxins no longer exists.
(c) When, based upon analyses of samples of
water from the growing area, the geometric mean of samples from each sampling
station does not exceed a fecal coliform MPN of 14 per 100 milliliters of
water, as reported by the Alabama Department of Public Health Bureau of
Clinical Laboratories.
(d) When a
time interval sufficient to permit natural biological cleaning of the shellfish
has elapsed.
(e) When the stage of
the Mobile River falls below 8 feet at Barry Steam Plant, Bucks, Alabama, as
measured and reported by the U.S. Army Corps of Engineers or, if the river
stage reading at Barry Steam Plant is not available, the river stage reading at
the most appropriate river gauge as determined by the State Health Officer,
that is correlated to the 8 feet river level at Barry Steam Plant.
(f) When the standards of an Area Management
Plan for opening a specific shellfish growing area defined by Order of the
State Health Officer are met.
(3)
Classification of growing
waters - Classification of growing waters as approved, conditionally
approved, restricted, conditionally restricted, prohibited, or temporarily
closed shall be made as specified in the document entitled National Shellfish
Sanitation Program Guide for the Control of Molluscan Shellfish, 2017 Revision,
Sections I and II, promulgated by the U.S. Department of Health and Human
Services, Public Health Service, Food and Drug Administration, and adopted by
reference in Rule
420-3-18-.08(1).
Rule .10 was renumbered to .09 as per certification filed
July 23, 2012; effective August 27,
2012.
Authors: Lewis A. Byrd, Ph.D., Christine
Collins, Jeff McCool, Greg Dunn, Byron Webb
Statutory Authority:
Code of Ala.
1975, §§
9-12-126,
22-2-2(6),
22-20-5.
