Current through Register Vol. 56, No. 24, December 18, 2024
(a) The Permit for Short-term Use of
Shellfish for Toxins Monitoring in Waters Other Than Approved authorizes the
placement of shellfish into waters other than Approved for purposes of a
Remedial Investigation pursuant to the Department's Technical Requirements for
Site Remediation, N.J.A.C. 7:26E, or for purposes of a study
approved by the Department's Site Remediation Program where the applicant can
demonstrate a specific need to study bioaccumulation of toxins in shellfish
from known contaminated sites located in or impacting waters other than
Approved.
(b) In addition to the
completed Consolidated Permit Application form and application fee required
under N.J.A.C. 7:12-9.3, an applicant for
a Permit for Short-term use of Shellfish for Toxins Monitoring shall submit a
project overview that includes the following:
1. The name of the project manager, and the
names of all participants, identifying each participant's roles and
responsibilities in the project;
2.
A detailed description of the objective(s) of the project;
3. The name(s) and location of the waters
where the project is proposed to be conducted and the classification(s) of
those waters under this chapter;
4.
The anticipated length of time to accomplish the project, including intended
start and finish dates;
5. A
description and specifications for the secure cage or container that will hold
shellfish during the project;
6. A
map indicating the location(s) of cages and/or secure containers, including GPS
coordinates;
7. The species and
size, and estimated number of shellfish to be used over the course of the
project, and if a multi-year project is anticipated, the species and size, and
estimated number of shellfish to be used each year;
8. The criteria by which success of the
project is to be measured with respect to the objectives;
9. A schedule for placement of the shellfish
cages or containers in the water, sampling of shellfish, and removal at
completion of the study;
10. A
schedule for maintenance activities; and
11. Where the project is being continued from
the previous year, the Project Summary Report described at (d) below for that
previous year.
(c) A
Permit for Short-term use of Shellfish for Toxins Monitoring in Waters Other
Than Approved is subject to the following specific requirements and conditions:
1. The shellfish shall be used only for the
purposes of the project described in the project overview and shall not be used
for human consumption.
2. The
permittee shall use only the species, size, and numbers of shellfish specified
in the issued permit document.
3.
The permittee shall conduct toxins monitoring activities only in the locations
specified in the issued permit document.
4. The permittee shall not modify any aspect
of the project without prior written approval from the Department.
5. The permittee is responsible for informing
all participants in the project that any collected shellfish shall not be used
for human consumption and of the risks associated with consumption of shellfish
from waters classified other than Approved.
6. The permittee shall keep records of the
disposition of all shellfish.
7.
All shellfish shall be kept in a secure cage or container, approved by the
Bureau, for the duration of the project.
8. The permittee shall affix to each cage or
container a durable, water-proof tag bearing the toxic hazard symbol (Unicode
U+2620) and the following written warning, in English and Spanish: "Warning:
Shellfish Unsafe. May be toxic. Not for Human Consumption."
9. The permittee shall ensure that each cage
or container remains submerged beneath the surface of the water at all times
and does not present a hazard to navigation.
10. The permittee shall not indicate the
location of any cage or container with a buoy, flotation device, flag, stake,
or other marker.
11. Shellfish
shall be removed from the project site by the permittee only for the purposes
of the project. The permittee shall minimize the number of times shellfish are
moved or removed.
12. The permittee
shall notify by telephone the Department's Division of Fish and Wildlife,
Bureau of Law Enforcement, Marine Region at least 24 hours before placing or
removing any shellfish and provide the following information: the permit
number, the name of person calling, a description of vessel(s) being utilized,
the location, and a contact number for the person calling.
13. The permittee shall immediately telephone
the Department at (877) WARN DEP (927-6337) regarding any theft of shellfish,
tampering with structures, or significant shellfish mortality.
14. All shellfish cages and containers shall
be removed when the project is completed, and any shellfish
destroyed.
15. The project manager
shall have the issued permit document in possession when placing or removing
shellfish as part of the project.
(d) Except as provided at (b)11 above, the
permittee shall submit a Project Summary Report to the Bureau at the address at
N.J.A.C.
7:12-1.1(l), no later than
60 days after the end of the period of validity specified in the issued permit
document. The Project Summary Report shall include a description of the
materials and methods used; results with, as appropriate, tables and graphs
summarizing the data collected; and a discussion analyzing the results as they
relate to the objective of the project.
