Ala. Admin. Code r. 420-3-18-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-18-.09 - Criteria For Opening And Closing Of Shellfish Growing Areas

(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).

Ala. Admin. Code r. 420-3-18-.09

New Rule: Filed November 20, 2003; effective December 25, 2003. Amended: Filed July 23, 2012; effective August 27, 2012.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 01, October 30, 2020, eff. 12/14/2020.

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.