New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION
Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE
Section 7:12-9.15 - Commercial Shellfish Aquaculture Permit

Universal Citation: NJ Admin Code 7:12-9.15

Current through Register Vol. 56, No. 6, March 18, 2024

(a) The Commercial Shellfish Aquaculture Permit authorizes the growing of shellfish in waters classified as Approved or Conditionally Approved and harvest for direct marketing.

(b) In addition to the completed Consolidated Permit Application form required under 7:12-9.3 , an applicant for a Commercial Shellfish Aquaculture Permit shall submit:

1. A copy of a valid shellfish license.

2. If the applicant is a certified dealer, a copy of the shellfish certificate issued by the Department of Health pursuant to 8:13-1.5 ; and

3. An Operational Plan for the shellfish aquaculture operation(s) in accordance with (c) below; and

4. For a shellfish aquaculture operation re-applying for a Commercial Shellfish Aquaculture Permit, a report of the total quantity(ies) of shellfish, by species, harvested in the most recent calendar year.

1. A description of the design and activities of the aquaculture operation(s), including, if the applicant is a certified dealer, wet storage (that is, storage in a natural body of water, or a tank containing natural or synthetic seawater, of shellfish from other shellfish growing waters to condition, remove sand, or add salt to the shellfish);

2. A map showing the boundaries, with GPS coordinates, of the site(s) where aquaculture activities will be conducted;

3. Identification of the lease or Tidelands instrument for the site(s) where aquaculture activities will be conducted;

4. The types and locations of any structures, including rafts, pens, cages, nets, raceways, tanks, or floats;

5. The species of shellfish to be grown;

6. The source of seed;

7. A description of maintenance and husbandry activities;

8. A description of harvesting methods;

9. A description of post-harvest handling and transportation of shellfish to a certified dealer;

10. For a land-based aquaculture operation, the Operational Plan shall also include:

i. The source and species of any other organism(s) to be grown in any polyculture operation;

ii. A list of drugs used for treatment of shellfish. No drugs shall be used for the treatment of shellfish without prior written approval from the Department of Health;

iii. Procedures to ensure no poisonous or deleterious substances are introduced into the aquaculture operation;

iv. A program of sanitation, maintenance, and supervision to prevent contamination of shellfish;

v. A description of the water source, including the details of any water treatment process or method;

vi. A program to maintain water quality that includes collection of water samples for fecal coliform analysis and routine temperature and salinity monitoring. The applicant shall specify the method used for fecal coliform analysis and the FDA approved laboratory that will conduct the analysis; and

vii. For a closed or recirculating operation, the source and type of food for the shellfish.

(d) A Commercial Shellfish Aquaculture Permit is subject to the following specific requirements and conditions:

1. The permittee shall have the issued permit document in possession while harvesting, off-loading, and transporting shellfish from the aquaculture operation.

2. The growing of shellfish as part of an aquaculture operation shall be conducted in waters classified as Approved, or Conditionally Approved.

i. Source water for a closed or recirculating operation shall be water classified as Approved or Conditionally Approved in the open status.

3. The permittee is on notice that any emergency closure or harvest suspension imposed pursuant to 7:12-1.4 may affect the waters at the site(s) where aquaculture activities are conducted. The Department will post notice of all emergency closures and harvest suspensions at www.nj.gov/dep/bmw.

4. If shellfish are grown in Conditionally Approved waters, shellfish shall be harvested only when the waters are in open status.

5. Prior to harvesting shellfish from a closed or recirculating operation, the permittee shall collect and analyze three water samples from each tank over 14 days, with a minimum of three days between samples. Each sample shall be analyzed for fecal coliform by an FDA approved laboratory using the method specified in the permittee's Operational Plan.

i. If the fecal coliform level in all samples is less than 14 Most Probable Number (MPN) or Colony Forming Units (CFU) per 100 ml, the permittee may harvest the shellfish for sale to a certified dealer for direct marketing.

ii. If the fecal coliform level in any one sample is 14 MPN or CFUs per 100 ml or greater, the permittee shall not harvest the shellfish and shall notify the Bureau immediately of the exceedance.

iii. In the circumstance described at (d)5ii above, the permittee shall implement measures as necessary (for example, ultraviolet light disinfection, drain and sanitize system, replace water) to reduce the fecal coliform level to less than 14 Most Probable Number (MPN) or Colony Forming Units (CFU) per 100 ml. The permittee shall re-sample in accordance with (d)5 above no sooner than three days after such measures are implemented. The permittee shall notify the Bureau of any exceedance of the standard. When the coliform level in all samples is less than 14 Most Probable Number (MPN) or Colony Forming Units (CFU) per 100 ml, the permittee shall notify the Bureau and may harvest the shellfish.

iv. The permittee shall maintain all laboratory reports of sample analyses, including chain of custody, for three years. The records shall be available for inspection by the Department.

6. The permittee shall maintain, for at least three years, complete and accurate records, which shall include:

i. The source of seed;

ii. The dates of planting seed and harvesting shellfish;

iii. For any closed or recirculating operation, water source, treatment, and monitoring results, including all laboratory reports of sample analyses with chain of custody pursuant to (d)5 above;

iv. The husbandry and maintenance journal required under (e)3 below; and

v. The quantities of shellfish harvested, by species.

7. The permittee shall not make any changes to its operations without prior written approval from the Department.

(e) Husbandry and maintenance activities conducted under the Commercial Shellfish Aquaculture Permit shall meet the requirements of this subsection.

1. For purposes of this permit, husbandry and maintenance activities are those aquaculture activities relating to the care and rearing of shellfish and the maintenance of the equipment used for those activities. Such husbandry and maintenance activities are not considered harvest.

2. If husbandry and maintenance activities are conducted within the boundaries of the lot subject to the permittee's lease or Tidelands instrument, the permittee does not need to use shellfish husbandry tags to identify the shellfish containers.

3. If husbandry and maintenance activities are conducted outside the boundaries of the lot subject to the permittee's lease or Tidelands instrument, the permittee shall:

i. Affix to each individual shellfish container, cage, basket, bin, or bag a fluorescent orange, serially numbered, water-resistant shellfish husbandry tag that is clearly marked with the permittee's name or company name, and shellfish license number;

ii. Prior to removing any shellfish container from the lot, record in a journal with permanently bound pages the following information: the serial number of each shellfish husbandry tag, the date and time the shellfish container is removed for husbandry or maintenance activities, identification of the site subject to the lease or Tidelands instrument from which the shellfish are removed, the location where the husbandry or maintenance activities are conducted, and the activity conducted; and

iii. On returning the shellfish container to the lot, the permittee shall record in the journal the date and time the shellfish container is returned.

4. If shellfish are removed for husbandry and maintenance activities, all shellfish shall be returned to the lot subject to the permittee's lease or Tidelands instrument for no less than 48 hours prior to being harvested for direct marketing.

5. Washing of shellfish as part of husbandry and maintenance activities shall use water only from a potable water source or from waters classified as Approved or Conditionally Approved in the open status.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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