N.J. Admin. Code § 7:12-9.13

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:12-9.13 - Permit for Short-term Use of Shellfish for Toxins Monitoring in Waters Other Than Approved

(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.

N.J. Admin. Code § 7:12-9.13

Adopted by 48 N.J.R. 1911(a), effective 9/19/2016