Current through Register Vol. 56, No. 18, September 16, 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 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 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.
