New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION
- Subchapter 1 - GENERAL PROVISIONS AND PROCEDURES FOR CLASSIFICATION OF SHELLFISH WATERS
- Subchapter 2 - SHELLFISH GROWING WATER CLASSIFICATION-PROHIBITED
- Subchapter 3 - SHELLFISH GROWING WATER CLASSIFICATION - RESTRICTED
- Subchapter 4 - SHELLFISH GROWING WATER CLASSIFICATION - CONDITIONALLY APPROVED
- Subchapter 5 - SHELLFISH GROWING WATER CLASSIFICATION-CONDITIONALLY RESTRICTED
- Subchapter 6 - RESERVED
- Subchapter 7 - SANCTUARIES
- Subchapter 8 - SHELLFISH HARVEST, HANDLING, AND TRANSPORT REQUIREMENTS FOR SHELLFISH LICENSE HOLDERS
- Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE
CHAPTER
SOURCE AND EFFECTIVE DATE:
Effective: March 11, 2022.
See:
54 N.J.R. 620(a).
CHAPTER HISTORICAL NOTE:
Rules concerning
shellfish growing water classification were originally codified as N.J.A.C. 7:25-7.1
and were filed and became effective on February 10, 1972 as R.1972 d.29. See: 4
N.J.R. 4(b), 4 N.J.R. 45(b). Subsequent revisions to these rules were filed and
became effective October 13, 1972 as R.1972 d.203. See: 4 N.J.R. 265(b).
1974 Revisions: On February 20, 1974 the original rules were repealed
and replaced by R.1974 d.44, which was codified as N.J.A.C. 7:12 on June 30, 1974.
See: 5 N.J.R. 80(a), 6 N.J.R. 103(b). R.1974 d.44 was repealed and replaced by
R.1974 d.99 on April 23, 1974. See: 6 N.J.R. 101(a), 6 N.J.R. 175(b). Subsequent
amendments were filed and became effective December 6, 1974 as R.1974 d.336. See: 7
N.J.R. 6(b).
1975 Revisions: Amendments became effective January 27,
1975 as R.1975 d.18. See: 7 N.J.R. 102(a). Further amendments became effective
February 10, 1975 as R.1975 d.27, see 7 N.J.R. 102(c); and March 7, 1975 as R.1975
d.51, see 7 N.J.R. 152(a). On May 1, 1975, R.1975 d.116 repealed and replaced
Chapter 12 with new rules. See: 7 N.J.R. 149(a), 7 N.J.R. 260(a). Amendments to the
new rules were filed and became effective November 14, 1975 as R.1975 d.341. See: 7
N.J.R. 463(a), 7 N.J.R. 547(b).
1976 Revisions: Amendments became
effective February 18, 1976 as R.1976 d.54. See: 8 N.J.R. 10(c), 8 N.J.R. 108(a);
and November 23, 1976 as R.1976 d.372. See: 8 N.J.R. 548(b).
1977
Revisions: Amendments became effective March 8, 1977 as R.1977 d.73. See: 9 N.J.R.
69(b), 9 N.J.R. 169(a); and March 8, 1977 as R.1977 d.74. See: 9 N.J.R. 71(a), 9
N.J.R. 169(b).
1978 Revisions: Amendments became effective February 24,
1978 as R.1978 d.69. See: 10 N.J.R. 144(a). On June 30, 1978 the entire text of
Chapter 12 was replaced by new rules adopted as R.1978 d.219. See: 10 N.J.R. 328(a).
Further amendments became effective September 5, 1978 as R.1978 d.299. See: 10
N.J.R. 422(a); and September 16, 1987 as R.1987 d.327. See: 10 N.J.R. 425(b).
1979 Revisions: Amendments became effective May 9, 1979 as R.1979
d.184. See: 11 N.J.R. 170(b), 11 N.J.R. 276(a).
1980 Revisions:
Amendments became effective January 9, 1980 as R.1980 d.12. See: 12 N.J.R. 71(c).
Further amendments became effective January 29, 1980 as R.1980 d.48. See: 12 N.J.R.
112(b); and May 23, 1980 as R.1980 d.230. See: 12 N.J.R. 179(b), 12 N.J.R. 391(a).
1981 Revisions: Amendments became effective June 4, 1981 as R.1981
d.190. See: 13 N.J.R. 191(b), 13 N.J.R. 339(b). Further amendments became effective
November 2, 1981 as R.1981 d.431. See: 13 N.J.R. 566(a), 13 N.J.R. 755(b).
1982 Revisions: Amendments became effective June 21, 1982 as R.1982
d.182. See: 14 N.J.R. 310(a), 14 N.J.R. 655(a).
1983 Revisions: Chapter
12 was readopted effective June 20, 1983 as R.1983 d.249. See: 15 N.J.R. 595(a), 15
N.J.R. 1020(a).
1984 Revisions: Amendments became effective February
21, 1984 as R.1984 d.42. See: 15 N.J.R. 2103(a), 16 N.J.R. 365(b). Further
amendments became effective March 30, 1984 as R.1984 d.134. See: 16 N.J.R. 929(a);
and May 7, 1984 as R.1984 d.199. See: 16 N.J.R. 558(a), 16 N.J.R. 1199(a). Section
1.7 expired on May 29, 1984. See: 19 N.J.R. 888(a). Further amendments became
effective June 18, 1984 as R.1984 d.233. See: 16 N.J.R. 786(a), 16 N.J.R. 1495(b).
1985 Revisions: Amendments became effective February 19, 1985 as R.1985
d.64. See: 16 N.J.R. 3112(a), 16 N.J.R. 3379(a), 17 N.J.R. 433(a). Further
amendments became effective June 3, 1985 as R.1985 d.290. See: 17 N.J.R. 661(a), 17
N.J.R. 1412(a); and December 16, 1985 as R.1985 d.634. See: 17 N.J.R. 2185(a), 17
N.J.R. 2971(a).
1987 Revisions: Chapter 12 was substantially amended
and recodified effective November 16, 1987 as R.1987 d.488. See: 19 N.J.R. 1129(a),
19 N.J.R. 2136(a).
1988 Revisions: Chapter 12 was readopted pursuant to
Executive Order No. 66(1978) effective April 11, 1988 with amendments effective May
2, 1988 as R.1988 d.206. See: 20 N.J.R. 450(a), 20 N.J.R. 980(b).
Pursuant to Executive Order No. 66(1978), Chapter 12, Shellfish Growing Water
Classification, was readopted as R.1992 d.508, effective November 24, 1992. See: 24
N.J.R. 3657(a), 24 N.J.R. 4518(b).
Pursuant to Executive Order No.
66(1978), Chapter 12, Shellfish Growing Water Classification, was readopted as
R.1998 d.2, effective November 24, 1997. See: 29 N.J.R. 4223(a), 30 N.J.R. 224(a).
Chapter 12, Shellfish Growing Water Classification, was readopted as
R.2003 d.242, effective May 22, 2003. See: 34 N.J.R. 3903(a), 35 N.J.R. 2654(a).
Chapter 12, Shellfish Growing Water Classification, was readopted as
R.2008 d.150, effective May 14, 2008. See: 40 N.J.R. 529(a), 40 N.J.R. 3185(a).
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 12, Shellfish Growing
Water Classification, was scheduled to expire on May 14, 2015. See: 43 N.J.R.
1203(a).
Chapter 12, Shellfish Growing Water Classification, was
readopted, effective April 10, 2015. See: 47 N.J.R. 893(a).
Subchapter
1, Classification of Certain Shellfish Waters, was renamed General Provisions and
Procedures for Classification of Shellfish Waters; Subchapter 3, Shellfish Growing
Water Classification--Special Restricted, was renamed Shellfish Growing Water
Classification--Restricted; Subchapter 4, Seasonally Approved Shellfish Growing
Waters, was renamed Shellfish Growing Water Classification -- Conditionally
Approved; Subchapter 5, Seasonal Special Restricted Shellfish Growing Waters, was
renamed Shellfish Growing Water Classification--Conditionally Restricted; Subchapter
9, Special Permit, was renamed Shellfish Permits for Harvest from Waters Other than
Approved; Research; Restoration and Enhancement; Toxins Monitoring; and Aquaculture;
and Subchapter 8, Shellfish Harvest, Handling, and Transport Requirements for
Shellfish License Holders, was adopted as new rules by R.2016 d.115, effective
September 19, 2016. See: 47 N.J.R. 2697(a), 48 N.J.R. 1911(a). Chapter 12, Shellfish
Growing Water Classification, was readopted, effective March 11, 2022. See: Source
and Effective Date.
CHAPTER SOURCE AND
EFFECTIVE DATE:
Effective: March 11, 2022.
See: 54 N.J.R.
620(a).
CHAPTER HISTORICAL NOTE:
Rules concerning shellfish
growing water classification were originally codified as N.J.A.C. 7:25-7.1 and were
filed and became effective on February 10, 1972 as R.1972 d.29. See: 4 N.J.R. 4(b),
4 N.J.R. 45(b). Subsequent revisions to these rules were filed and became effective
October 13, 1972 as R.1972 d.203. See: 4 N.J.R. 265(b).
1974 Revisions:
On February 20, 1974 the original rules were repealed and replaced by R.1974 d.44,
which was codified as N.J.A.C. 7:12 on June 30, 1974. See: 5 N.J.R. 80(a), 6 N.J.R.
103(b). R.1974 d.44 was repealed and replaced by R.1974 d.99 on April 23, 1974. See:
6 N.J.R. 101(a), 6 N.J.R. 175(b). Subsequent amendments were filed and became
effective December 6, 1974 as R.1974 d.336. See: 7 N.J.R. 6(b).
1975
Revisions: Amendments became effective January 27, 1975 as R.1975 d.18. See: 7
N.J.R. 102(a). Further amendments became effective February 10, 1975 as R.1975 d.27,
see 7 N.J.R. 102(c); and March 7, 1975 as R.1975 d.51, see 7 N.J.R. 152(a). On May
1, 1975, R.1975 d.116 repealed and replaced Chapter 12 with new rules. See: 7 N.J.R.
149(a), 7 N.J.R. 260(a). Amendments to the new rules were filed and became effective
November 14, 1975 as R.1975 d.341. See: 7 N.J.R. 463(a), 7 N.J.R. 547(b).
1976 Revisions: Amendments became effective February 18, 1976 as R.1976
d.54. See: 8 N.J.R. 10(c), 8 N.J.R. 108(a); and November 23, 1976 as R.1976 d.372.
See: 8 N.J.R. 548(b).
1977 Revisions: Amendments became effective March
8, 1977 as R.1977 d.73. See: 9 N.J.R. 69(b), 9 N.J.R. 169(a); and March 8, 1977 as
R.1977 d.74. See: 9 N.J.R. 71(a), 9 N.J.R. 169(b).
1978 Revisions:
Amendments became effective February 24, 1978 as R.1978 d.69. See: 10 N.J.R. 144(a).
On June 30, 1978 the entire text of Chapter 12 was replaced by new rules adopted as
R.1978 d.219. See: 10 N.J.R. 328(a). Further amendments became effective September
5, 1978 as R.1978 d.299. See: 10 N.J.R. 422(a); and September 16, 1987 as R.1987
d.327. See: 10 N.J.R. 425(b).
1979 Revisions: Amendments became
effective May 9, 1979 as R.1979 d.184. See: 11 N.J.R. 170(b), 11 N.J.R. 276(a).
1980 Revisions: Amendments became effective January 9, 1980 as R.1980
d.12. See: 12 N.J.R. 71(c). Further amendments became effective January 29, 1980 as
R.1980 d.48. See: 12 N.J.R. 112(b); and May 23, 1980 as R.1980 d.230. See: 12 N.J.R.
179(b), 12 N.J.R. 391(a).
1981 Revisions: Amendments became effective
June 4, 1981 as R.1981 d.190. See: 13 N.J.R. 191(b), 13 N.J.R. 339(b). Further
amendments became effective November 2, 1981 as R.1981 d.431. See: 13 N.J.R. 566(a),
13 N.J.R. 755(b).
1982 Revisions: Amendments became effective June 21,
1982 as R.1982 d.182. See: 14 N.J.R. 310(a), 14 N.J.R. 655(a).
1983
Revisions: Chapter 12 was readopted effective June 20, 1983 as R.1983 d.249. See: 15
N.J.R. 595(a), 15 N.J.R. 1020(a).
1984 Revisions: Amendments became
effective February 21, 1984 as R.1984 d.42. See: 15 N.J.R. 2103(a), 16 N.J.R.
365(b). Further amendments became effective March 30, 1984 as R.1984 d.134. See: 16
N.J.R. 929(a); and May 7, 1984 as R.1984 d.199. See: 16 N.J.R. 558(a), 16 N.J.R.
1199(a). Section 1.7 expired on May 29, 1984. See: 19 N.J.R. 888(a). Further
amendments became effective June 18, 1984 as R.1984 d.233. See: 16 N.J.R. 786(a), 16
N.J.R. 1495(b).
1985 Revisions: Amendments became effective February
19, 1985 as R.1985 d.64. See: 16 N.J.R. 3112(a), 16 N.J.R. 3379(a), 17 N.J.R.
433(a). Further amendments became effective June 3, 1985 as R.1985 d.290. See: 17
N.J.R. 661(a), 17 N.J.R. 1412(a); and December 16, 1985 as R.1985 d.634. See: 17
N.J.R. 2185(a), 17 N.J.R. 2971(a).
1987 Revisions: Chapter 12 was
substantially amended and recodified effective November 16, 1987 as R.1987 d.488.
See: 19 N.J.R. 1129(a), 19 N.J.R. 2136(a).
1988 Revisions: Chapter 12
was readopted pursuant to Executive Order No. 66(1978) effective April 11, 1988 with
amendments effective May 2, 1988 as R.1988 d.206. See: 20 N.J.R. 450(a), 20 N.J.R.
980(b).
Pursuant to Executive Order No. 66(1978), Chapter 12, Shellfish
Growing Water Classification, was readopted as R.1992 d.508, effective November 24,
1992. See: 24 N.J.R. 3657(a), 24 N.J.R. 4518(b).
Pursuant to Executive
Order No. 66(1978), Chapter 12, Shellfish Growing Water Classification, was
readopted as R.1998 d.2, effective November 24, 1997. See: 29 N.J.R. 4223(a), 30
N.J.R. 224(a).
Chapter 12, Shellfish Growing Water Classification, was
readopted as R.2003 d.242, effective May 22, 2003. See: 34 N.J.R. 3903(a), 35 N.J.R.
2654(a).
Chapter 12, Shellfish Growing Water Classification, was
readopted as R.2008 d.150, effective May 14, 2008. See: 40 N.J.R. 529(a), 40 N.J.R.
3185(a).
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 12, Shellfish
Growing Water Classification, was scheduled to expire on May 14, 2015. See: 43
N.J.R. 1203(a).
Chapter 12, Shellfish Growing Water Classification, was
readopted, effective April 10, 2015. See: Source and Effective Date.
Subchapter 1, Classification of Certain Shellfish Waters, was renamed General
Provisions and Procedures for Classification of Shellfish Waters; Subchapter 3,
Shellfish Growing Water Classification--Special Restricted, was renamed Shellfish
Growing Water Classification--Restricted; Subchapter 4, Seasonally Approved
Shellfish Growing Waters, was renamed Shellfish Growing Water Classification --
Conditionally Approved; Subchapter 5, Seasonal Special Restricted Shellfish Growing
Waters, was renamed Shellfish Growing Water Classification--Conditionally
Restricted; Subchapter 9, Special Permit, was renamed Shellfish Permits for Harvest
from Waters Other than Approved; Research; Restoration And Enhancement; Toxins
Monitoring; and Aquaculture; and Subchapter 8, Shellfish Harvest, Handling, and
Transport Requirements for Shellfish License Holders, was adopted as new rules by
R.2016 d.115, effective September 19, 2016. See: 47 N.J.R. 2697(a), 48 N.J.R.
1911(a).
Chapter 12, Shellfish Growing Water Classification, was
readopted, effective March 11, 2022. See: Source and Effective
Date.
CHAPTER AUTHORITY:
N.J.S.A. 2C:64-1 et seq., 4:27-1 et seq., 13:1D-9, 23:2B-1 et seq., 50:1-5 et seq., and 58:24-1 et seq.