January 22, 2008

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Notice of Rule Proposal
Proposed Readoption with Amendments: N.J.A.C. 7:12

Public Notice

For the proposal summary document (in PDF format) please, click here.

NOTE: THIS IS A COURTESY COPY OF THIS RULE PROPOSAL. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE JANUARY 22, 2008 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE PROPOSAL, THE OFFICIAL VERSION WILL GOVERN.

Take notice that the NJ Department of Environmental Protection is proposing to readopt with Amendments the Shellfish Growing Waters rules at N.J.A.C. 7:12.  The Department has evaluated these rules, and has determined that they are necessary, reasonable, and proper for the purpose for which they were originally promulgated, and is proposing to readopt N.J.A.C. 7:12 with amendments, as discussed below. A statement of the substance of the proposal follows:

These regulations affect the classification of New Jersey waters concerning acceptability for harvesting shellfish.

The proposed amendments will result in the reclassification of approximately 1,207 acres of shellfish waters. Approximately 953 acres of shellfish waters will be upgraded, while approximately 254 acres of shellfish waters will be downgraded. A summary of the specific proposed amendments follows. N.J.A.C. 7:12‑1, Shellfish Growing Water Classification-Prohibited. The proposed amendment reclassifies waters in Old Turtle Thorofare (see N.J.A.C. 7:12-2.1(a)16v). The proposed amendments also clarifies and updates language pertaining to the accurate location of coastlines along the Atlantic ocean in the area of North Wildwood (see N.J.A.C. 7:12-2.1(a)20xi). N.J.A.C. 7:12‑3, Shellfish Growing Water Classification-Special Restricted. The proposed amendment downgrades 11 acres of shellfish waters southwest of False Egg Island Point in the Delaware Bay from Approved to Special Restricted, (see N.J.A.C. 7:12-3.2(a)32v).
N.J.A.C. 7:12‑4, Seasonally Approved Shellfish Growing Waters, (Approved November 1 through the following April 30 yearly, Special Restricted May 1 through October 31, yearly). The proposed amendments upgrade 90 acres of shellfish waters in the area of Reed Bay from Seasonal Nov. to Approved, (see N.J.A.C. 7:12-4.1(a)6ii) and upgrade 796 acres of shellfish waters in the area of Shelter Island Bay from Seasonal Nov. to Approved,  (see N.J.A.C. 7:12-4.1(a)8i). The proposed amendment also upgrades 67 acres in Old Turtle Thorofare, from Prohibited to Seasonal Nov.,  (see N.J.A.C. 7:12-4.1(a)12iv).  The proposed amendments downgrade 103 acres of shellfish waters in Sea Breeze in the Delaware Bay, (see N.J.A.C. 7:12-4.1(a)13ix),  130 acres of shellfish water in Bay Side in the Delaware Bay, ( see N.J.A.C. 7:12-4.1(a)13x), and  10 acres in Cherry Creek in the Delaware Bay, (see N.J.A.C. 7:12-4.1(a)13xi) from Approved to Seasonal Nov..

The proposal is scheduled to be published in the New Jersey Register dated January 22, 2008.  A copy of the proposal is available from:

The web site of the NJ Department of Environmental Protection’s Bureau of Marine Water Monitoring at:

http://www/nj.gov/dep/bmw/news.html

or by contacting:

Deborah Watkins, Supervising Environmental Specialist
Bureau of Marine Water Monitoring
New Jersey Department of Environmental Protection
P.O. Box 405 Stoney Hill Road
Leeds Point, NJ  08220
(609) 748-2000

Copies can also be obtained from LexisNexis Customer Service at (800) 223-1940 or .  Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Written comments may be submitted by March 22, 2008 to:

NJ Department of Environmental Protection
Oneida Cuevas, Esq.
ATTN: DEP Docket No. 34-07-12/657
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625

August 31, 2007

Suspension of Harvest from Shellfish Beds
New Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health
Effective August 30, 2007

May 3, 2007

Revocation of Shellfish Bed Closure
New Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall in the NY/NJ Harbor area and the resulting impact on the waters of Raritan Bay, Sandy Hook Bay, Navesink River, and Shrewsbury River in Monmouth County, effective April 16, 2007, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Seasonally Approved and Special Restricted in the Middlesex County and Monmouth County area.

As provided for in the aforementioned prohibition, having determined through sample monitoring that the waters of the Raritan Bay and a portion of Sandy Hook Bay (specified below) that were previously classified as Special Restricted are now safe for the harvesting of shellfish under New Jersey's Special Permit Program, the closure of these waters has been revoked and will return to their prior classification effective May 4, 2007. Specifically, the revocation applies to the Seasonally Approved waters of the Navesink River and Shrewsbury River and those waters in the Raritan Bay and Sandy Hook Bay that have the following section designations under New Jersey's Special Permit Program:

Sections 11, 12, 13, and 14 (see attached map).

These waters are in addition to the waters covered by the Partial Revocation order that was effective on April 25, 2007. Please be advised that while the Seasonally Approved waters of the Navesink River and Shrewsbury River return to their normal status effective May 4, 2007, these waters will not become harvestable until November 1, 2007 since these Seasonally Approved waters are normally closed to harvest from May through October.

To see the official Revocation Notice (in PDF format) please, click here.
To see the official Revocation Map (in PDF format) please, click here.

April 16, 2007

Closure of Shellfish Bed Closure
New Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall in the NY/NJ Harbor area and the resulting impact on the waters of Raritan Bay, Sandy Hook Bay, Navesink River, and Shrewsbury River in Monmouth County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Seasonally Approved and Special Restricted in the Middlesex County and Monmouth County area, specifically:

All waters of Raritan Bay, Sandy Hook Bay, the Navesink River, and the Shrewsbury River

This prohibition shall take effect immediately and continue until FURTHER NOTICE.

To see the official Closure Notice (in PDF format) please, click here.
To see a map of the closure (in PDF format) please, click here.

Water Monitoring Results for Wednesday, April 18, 2007

Water Monitoring Results for Friday, April 20, 2007

March 19, 2007

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Notice of Rule Proposal
Shellfish Growing Water Classification, N.J.A.C. 7:12
Public Notice

For the proposal summary document (in PDF format) please, click here.

NOTE: THIS IS A COURTESY COPY OF THIS RULE PROPOSAL. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE APRIL 2, 2007 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE PROPOSAL, THE OFFICIAL VERSION WILL GOVERN.

Take notice that the NJ Department of Environmental Protection is proposing amendments of N.J.A.C. 7:12. A statement of the substance of the proposal follows:

These regulations affect the classification of New Jersey waters concerning acceptability for harvesting shellfish.

The proposed amendments will result in the downgrade of approximately 1,829 acres of shellfish waters from Approved to Special Restricted and 29 acres from Approved to Seasonally Approved for a total of 1,858 acres total to be downgraded. A summary of the specific proposed amendments follows. The proposed amendments will include two locations, one in Jarvis Sound, the other in the Maurice River Cove, where the regulations are being amended to include additional Department maintained markers.  These markers have been placed in locations along the boundary lines separating different classifications of shellfish waters.  With the additional markers there will be no change in shellfish water classification, it will just be a more efficient means of distinguishing the boundary lines between classifications. 

The proposed amendments will result in a change to the Transplant Program located in the Special Permits section of the Regulations, 7:12-9.10. The following changes have been added to the Transplant Program listed as 7:12-9.10 Transplant Program, in the Shellfish regulations, to include seed clams as a part of the program.

The Department is proposing to amend N.J.A.C. 7:12-1.5 Emergency harvest suspension, by adding new language to clarify that the Department will immediately suspend harvest in any waters that at the time of sampling, do not meet the standards for the particular waters' classification, pending the establishment by rulemaking of the appropriate classification and boundaries of waters as prohibited, special restricted, seasonal special restricted, or approved under this chapter.

The proposal is scheduled to be published in the New Jersey Register dated April 2, 2007. A copy of the proposal is available from:

The web site of the NJ Department of Environmental Protection’s Bureau of Marine Water Monitoring at:

www.nj.gov/dep/bmw/news.htm

or by contacting:

Deborah Watkins, Supervising Environmental Specialist
Bureau of Marine Water Monitoring
New Jersey Department of Environmental Protection
P.O. Box 405 Stoney Hill Road
Leeds Point, NJ 08220
(609) 748-2000

Copies can also be obtained from LexisNexis Customer Service at (800) 833-9844 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Written comments may be submitted by June 1, 2007 to:

NJ Department of Environmental Protection
Oneida Cuevas, Esq.
ATTN: DEP Docket No. 06-07-03/629
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625

July 31, 2006

Revocation of Shellfish Bed Closure
New Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

New Jersey Department of Environmental Protection Commissioner Lisa P. Jackson revoked the shellfish bed closure in the Barnegat Bay that was made on April 19, 2006. Effective July 31, 2006, the waters of the Barnegat Bay that are 'east of the line beginning at Barnegat Pier, then bearing approximately 215 degrees T to Quick Green “38” north of Berkley Shores, then bearing approximately 221 degrees T to the most easterly point of land on the south bank of Potter Creek, then bearing approximately 182 degrees T to the northernmost point on the pier located on the northernmost point of land at Berkeley Island Park, then bearing approximately 18 degrees T in a northeasterly direction to the point of origin and terminating' return to their prior classification. See the notice of Revocation below.