N.J. Admin. Code § 7:12-1.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:12-1.3 - Classification of shellfish waters

(a) The Department shall classify the shellfish waters of the State for the purpose of harvesting shellfish. The classification of all shellfish waters shall adhere to the guidance and criteria contained within the NSSP Guide, 2015, incorporated herein by reference, as amended and supplemented, and available as provided at 7:12-1.1(k). Shellfish waters may be classified as Approved, Conditionally Approved, Restricted, Conditionally Restricted, or Prohibited. Classification of shellfish waters shall be determined based on the following factors:

1. The ambient bacteriological water quality, for example, total coliform bacteria;

2. Hydrological characteristics of the area to be classified, for example, rainfall, freshwater input, tidal exchange, flow pattern;

3. Shoreline survey and assessment, for example, location of pollution sources such as permitted point sources, non-point sources, marinas, docks and other recreational areas, agricultural areas, and/or areas of wildlife usage, characteristics of various pollution sources, and land-use patterns;

4. Any site-specific factors related to (a)1 through 3 above; and

5. Any shellfish waters that are not subjected to a sanitary survey every 12 years shall be classified as Prohibited.

(b) The Department shall establish areas classified as Prohibited for the harvest of shellfish in waters surrounding wastewater treatment facility discharges. The extent of the Prohibited area shall be based on the following factors:

1. Pollution conditions, such as flow rate, sewage treatment facility performance;

2. Dispersion, dilution, and/or time of travel of the pollutant, for example, currents, volume of water, direction of travel, stratification, location of the discharge, tidal characteristics, and morphology of the receiving water area.

3. Bacteriological decay rate;

4. Adjacent harvest use classification and location of the shellfish resource;

5. Identifiable landmarks for boundaries; and

6. Any site-specific factors related to (b)1 through 5 above.

(c) The Department shall establish restricted harvest areas in the vicinity of marinas and/or boat mooring facilities. The restricted harvest areas may be classified as Prohibited, Restricted, Conditionally Restricted, or Conditionally Approved. The extent of the restricted area shall be based upon the following:

1. The number of slips or mooring facilities;

2. The size of vessels that may be accommodated with the potential for overboard discharge at the slips or mooring facilities;

3. The water depth in the vicinity of the marina or mooring facility;

4. The hydrodynamics of the receiving water in the vicinity of the marina or mooring facility;

5. The estimated bacterial load potentially discharged to the water from the marina or mooring facility;

6. Seasonal activity at the marina or mooring facility; and

7. Any site-specific factors related to (c)1 through 6 above.

(d) The Department shall establish restricted harvest areas where water quality is or may be affected by various non-point sources of pollutants. The restricted harvest areas may be classified as Prohibited, Restricted, Conditionally Restricted, or Conditionally Approved. Factors to be considered by the Department in establishing the restrictions include the following:

1. The source or potential source of the pollutant;

2. The amount or potential amount discharged from the source;

3. Hydrodynamics in the vicinity of the source or probable source;

4. Seasonal population changes; and

5. Any site-specific factors related to (d)1 through 4 above.

N.J. Admin. Code § 7:12-1.3

Amended and recodified from 7:12-1.4 by 48 N.J.R. 1911(a), effective 9/19/2016