December 6, 2010

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Water Resource Management
Water Monitoring & Standards
Marine Water Monitoring

Suspension of Harvest from Shellfish Beds - Atlantic Ocean
December 3, 2010

Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B and 58:24-1 et seq., and at N.J.A.C. 7:12-1.5(a) and (b), 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, the Department hereby suspends harvest of all shellfish, from State waters previously classified as Approved, located in the Atlantic Ocean east of South Seaside Park and Island Beach State Park, specifically as described below:

There are approximately 2174 acres of shellfish waters located east of South Seaside Park and Island Beach State Park in the Atlantic Ocean, Ocean County, contained within an area originating from a point with coordinates of latitude 39 degrees 55 minutes 2.08 seconds N., longitude 74 degrees 4 minutes 31.11 seconds W., located East of the intersection of 8th and Ocean Avenues, Borough of Seaside Park.  Then, bearing 095 degrees T to a point 1.67 nautical miles from the shoreline with coordinates of latitude 39 degrees 54 minutes 52.21 seconds N., longitude 74 degrees 2 minutes 21.70 seconds W.; then continues South at 183 degrees T., and parallel to the shoreline for 2.46 nautical miles to a point with coordinates of latitude 39 degrees 52 minutes 24.91 seconds N., longitude 74 degrees 2 minutes 34.10 seconds W.; then bears West at 277 degrees T for 1.82 nautical miles to a point with coordinates of latitude 39 degrees 52 minutes 38.09 seconds N., longitude 74 degrees 4 minutes 54.70 seconds W., where it terminates.

This prohibition shall take effect immediately and continue pending the establishment by rulemaking of the appropriate classification and boundaries of the waters as Prohibited.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

To see the official Notice and map (in PDF format) please, click here.

June 4 , 2010

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Water Resource Management
Water Monitoring & Standards
Marine Water Monitoring

Vibrio parahaemolyticus Management Plan

Vibrio parahaemolyticus is an organism that occurs naturally in coastal waters. It is not related to pollution, which means that traditional controls for shellfish sanitation related to growing water classification are marginally effective. Instead, the occurrence of this pathogen in elevated levels appears to be related to the interaction of environmental variables such as temperature, salinity, fresh water inflow to the bay and tidal flushing.

Every State from which shellfish are harvested shall conduct a Vibrio parahaemolyticus risk evaluation annually. The evaluation shall consider each of the factors above, including seasonal variations in the factors, in determining whether the risk of Vibrio parahaemolyticus infection from the consumption of oysters harvested from an area is reasonably likely to occur. Based on this assessment a plan for control measures is developed. The 2010 New Jersey Vibrio parahaemolyticus Management Plan is developed jointly by the New Jersey Department of Environmental Protection and the New Jersey Department of Health and Senior Services, in cooperation with, the US Food and Drug Administration and New Jersey's shellfish industry. To see this report in its entirety, click here.

April 15, 2010

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Water ResourceManagement
Water Monitoring & Standards
Marine Water Monitoring

Revocation of Shellfish Waters in a portion of the Raritan Bay
April 15, 2010

Public Notice of the Revocation of Condemnation of Shellfish Beds

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 in Monmouth County, the Department condemned and prohibited the harvesting of all shellfish from those State waters that have the following sections designated under New Jersey’s Special Permit Program:

Sections 14 and 12B,

As provided in the aforementioned prohibition, having determined through sample monitoring that the waters described above are now safe for the harvesting of shellfish, the prohibition is revoked, returning these waters to their prior classification effective on April 15, 2010.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

To see the map and the official Notice (in PDF format) please, click here.

April 1, 2010

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Water Resource Management
Water Monitoring & Standards
Marine Water Monitoring

Closure of Shellfish Waters in a portion of the Raritan Bay
April 1, 2010

Public Notice of the Closure of Shellfish Beds Dangerous to Health

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 in Monmouth County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters that have the following sections designated under New Jersey’s Special Permit Program:

Sections 14 and 12B (see map),

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

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

To see the map and the official Notice (in PDF format) please, click here.

March 26, 2010

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Water Resource Management
Water Monitoring & Standards
Marine Water Monitoring

Revocation of Shellfish Waters in the Middlesex and Monmouth County Area
Effective March 27, 2010

Public Notice of the Revocation of Condemnation of Shellfish Beds

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 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, specifically:

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

As provided for in the aforementioned prohibition, having determined through sample monitoring that the waters of the Raritan Bay, Sandy Hook Bay, the Navesink River, and the Shrewsbury River are now safe for the harvesting of shellfish, the prohibition of these waters is revoked and the waters are returned to their prior classification as described at N.J.A.C 7:12 et seq., effective March 27, 2010.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

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

March 17, 2010

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Water Resource Management
Water Monitoring & Standards
Marine Water Monitoring

Closure of Shellfish Waters in the Middlesex and Monmouth County Area
March 17, 2010

Public Notice of the Closure of Shellfish Beds Dangerous to Health

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.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

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

To see the sampling results for Raritan and Sandy Hook Bays, click here.

To see the sampling results for the Navesink River, click here.

November 6 , 2009

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring

Revocation of Shellfish Waters in Ingram Thorofare
November 6 , 2009

Public Notice of the Closure of Shellfish Beds Dangerous to Health

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 resulting from the release of sewage from a broken sewer line into waters of Ingram Thorofare, Cape May County, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Approved in the Avalon area, specifically:

All of the Approved waters of Ingram Thorofare and its tributaries south of Avalon Boulevard.

As provided in the aforementioned prohibition, having determined through monitoring that the waters described above are now safe for the harvesting of shellfish, I hereby revoke the prohibition, returning these waters to their prior classification effective on November 6, 2009.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

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

September 8, 2009

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring

Closure of Shellfish Waters in Ingram Thorofare
September 7 , 2009

Public Notice of the Closure of Shellfish Beds Dangerous to Health

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 resulting from the release of sewage from a broken sewer line into waters of Ingram Thorofare, Cape May County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Approved in the Avalon area, specifically:

All of the Approved waters of Ingram Thorofare and its tributaries south of Avalon Boulevard.

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

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

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

August 21, 2009

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring

Opening of Shellfish Waters in Jennys Creek and Little Thorofare
August 21, 2009

Public Notice of the Opening of Shellfish Waters

The waters of Jennys Creek, (also known as Jimmies Creek), and Little Thorofare  in Ocean County are hereby open for harvest, with the exception of waters adjacent to Cape Horn Marina, that are upstream from a straight line connecting two Department maintained markers located near the mouth of Cape Horn Marina, specifically:

The waters that will remain classified as Special Restricted are, all those waters of Cape Horn Marina and tributaries upstream of a line starting at a Department maintained marker located at the mouth of Jennys Creek with coordinates latitude 39 degrees 32 minutes 35.0 seconds N. and longitude 74 degrees 20 minutes 10.8 seconds W., then heading in an easterly direction to a Department maintained marker located at the mouth of the cove with coordinates of latitude 39 degrees 32 minutes 29.9 seconds N. and longitude 74 degrees 20 minutes 1.1 seconds W., and terminating.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

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

April 13, 2009

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring

Revocation of Shellfish Beds in the Navesink River
April 11, 2009

Public Notice of the Revocation of Condemnation of Shellfish Beds

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 resulting from the release of sewage from a malfunction in a sewer line into the waters of Claypit Creek and the Navesink River, Monmouth County, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Special Restricted in Claypit Creek, Seasonally Approved in the Navesink River, and portions of the Special Restricted waters of the Navesink River, specifically:

All of the Seasonally Approved waters of the Navesink River, and the Special Restricted waters of Claypit Creek and the depuration program sections 5a and 5b of the Navesink River.

As providing in the aforementioned prohibition, having determined through sample monitoring that the waters described above are now safe for the harvesting of shellfish, the prohibition is revoked, returning these waters to their prior classification effective on April 12, 2009.

April 8, 2009 Coliform Test Results
April 10, 2009 Coliform Test Results

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

April 8, 2009

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring

Closure of Shellfish Beds in the Navesink River
April 7, 2009

Public Notice of the Closure of Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13.1B 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 resulting from the release of sewage from a malfunction in a sewer line into the waters of Claypit Creek and the Navesink River, Monmouth County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Special Restricted in Claypit Creek, Seasonally Approved in the Navesink River, and portions of the Special Restricted waters of the Navesink River, specifically:

All of the Seasonally Approved waters of the Navesink River, and the Special Restricted waters of Claypit Creek and the depuration program sections 5a and 5b of the Navesink River.

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

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

February 17, 2009

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring
Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health
February 9, 2009

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13.1B and 58:24-1 et seq., and at N.J.A.C. 7:12-1.5(a) and (b), 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, the Department hereby suspends harvest of all shellfish, from those State waters located in the following locations.   There are approximately 150 acres within the South Shrewsbury River, Branchport Creek and Troutmans Creek, approximately 120 acres in the Navesink River, and 23 acres located in Tuckerton Creek, all previously classified as Special Restricted.

There are approximately 120 acres of shellfish waters located in the Navesink River that will be reclassified from Special Restricted to Prohibited.

There are approximately 150 acres of shellfish waters located in the Shrewsbury River that will be reclassified from Special Restricted to Prohibited.

There are approximately 23 acres of shellfish waters located in Tuckerton Creek that will be reclassified from Special Restricted to Prohibited.

A total of 293 acres represents less than 0.1% of New Jersey's coastal waters. There is currently no significant harvest from any of these locations. However, the waters impacted by the downgrade in the Navesink River include the existing oyster reef that is part of the NY/NJ Baykeeper Shellfish Restoration Program.

The downgrades are based on the most recent three years of monitoring data and show declining water quality in these areas, primarily due to nonpoint source impacts related to rainfall. The impacted waters of the upper Navesink River may benefit in subsequent years from actions taken at the municipal level in 2008 to locate and address pollution sources. There is currently not sufficient data to assess the impact of these recent corrective actions.

To see the official Suspension Notice and maps (in PDF format) please, click here.

September 25, 2008

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring
Revocation of Suspension of Harvest from Shellfish Beds in Atlantic County

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 conditions which may render shellfish dangerous to health because of degraded water quality resulting from the release of sewage from a pump station into the waters of Lakes Bay in Atlantic County, the Department [of Environmental Protection] condemned and prohibited the harvesting of all shellfish (oysters, clams, and mussels only) from those State waters previously classified as Approved waters of the Lakes Bay area, specifically:

All the Approved waters of Lakes Bay and Shelter Island Bay that are north of the Margate-Northfield Boulevard (Rt. 662).

As provided for in the aforementioned prohibition, having determined through sampling monitoring that the waters described above are now safe for harvesting of shellfish, I [Leslie J. McGeorge] hereby revoke the prohibition, returning these waters to their prior classification effective on September 24, 2008.

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

August 29, 2008

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring
Revocation of Suspension of Harvest from Shellfish Beds in Delaware Bay

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 in compliance with recent changes in the requirements of the National Shellfish Sanitation Program (NSSP), and in order to assure that the public health is not imperiled by the consumption of shellfish that may be subject to any conditions which may render shellfish dangerous to health due to the confirmation by the N.J. Department of Health and Senior Services of two Vibrio parahaemolyticus* illnesses from consumption of oysters from these waters, on August 19, 2008, the Department of Environmental Protection suspended the harvesting of all shellfish (oysters, clams, and mussels only) from those State waters previously classified as Approved or Seasonally Approved within the following area:

All of New Jersey's waters in the Delaware Bay that are northwest of a line from the East Point Lighthouse and bearing approximately 226 degrees T to Flashing Green 2.5 second "5" (FL G 2.5 sec "5") in the Maurice River Approach Channel, then bearing approximately 188 degrees T to Flashing Green 4 second "3" (FL G 4 sec "3"), then bearing approximately 171 degrees T to a point at Latitude 39 degrees 10 minutes 23.32 seconds N., Longitude 75 degrees 2 minutes 19.99 seconds W., then bearing approximately 270 degrees to Flashing 4 second 27 feet 7M southeast of Egg Island Point, then bearing approximately 275.6 degrees T to Elbow of Cross Ledge at Iso 6 second 61 feet 11M Horn.

As provided for in the aforementioned prohibition, having determined through the tissue monitoring that the shellfish meet the criteria for safe harvest recommended by the US Food and Drug Administration, Leslie J. McGeorge hereby revokes the harvest suspension, returning these waters to their prior classification effective on August 29, 2008. Please be advised that the harvest time (sunrise - noon) that became effective on July 25, 2008 remains in effect through September 5, 2008 for these waters.

*Vibrio parahaemolyticus is a bacterium that occurs naturally in coastal waters, and is not related to human waste or pollution. It thrives under warm temperatures and is typically linked to oysters and other seafood harvested and consumed raw during the summer months. It can cause illness, especially in people with compromised immune systems.  Symptoms include diarrhea, nausea, vomiting, abdominal cramps and, less frequently, headache, fever and chills. On rare occasions, an infection in the bloodstream can occur.

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

August 19, 2008

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring
Public Notice of the Suspension of Harvest from Shellfish Beds in Delaware Bay
Effective August 19, 2008

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 any conditions which may render shellfish dangerous to health due to the confirmation by the N.J. Department of Health and Senior Services of two Vibrio parahaemolyticus* illnesses from consumption of oysters from these waters, the Department of Environmental Protection hereby suspends the harvesting of all shellfish (oysters, clams, and mussels only) from those State waters previously classified as Approved or Seasonally Approved within the following area:

All of New Jersey's waters in the Delaware Bay that are northwest of a line from the East Point Lighthouse and bearing approximately 226 degrees T to Flashing Green 2.5 second "5" (FL G 2.5 sec "5") in the Maurice River Approach Channel, then bearing approximately 188 degrees T to Flashing Green 4 second "3" (FL G 4 sec "3"), then bearing approximately 171 degrees T to a point at Latitude 39 degrees 10 minutes 23.32 seconds N., Longitude 75 degrees 2 minutes 19.99 seconds W., then bearing approximately 270 degrees to Flashing 4 second 27 feet 7M southeast of Egg Island Point, then bearing approximately 275.6 degrees T to Elbow of Cross Ledge at Iso 6 second 61 feet 11M Horn.

This harvest prohibition took effect August 19, 2008 and shall remain in effect until further notice from the Department of Environmental Protection.

*Vibrio parahaemolyticus is a bacterium that occurs naturally in coastal waters, and is not related to human waste or pollution. It thrives under warm temperatures and is typically linked to oysters and other seafood harvested and consumed raw during the summer months. It can cause illness, especially in people with compromised immune systems.  Symptoms include diarrhea, nausea, vomiting, abdominal cramps and, less frequently, headache, fever and chills. On rare occasions, an infection in the bloodstream can occur.

About 130 square miles of Delaware Bay are affected by the temporary suspension of shellfish harvesting.

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

August 13, 2008

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Marine Water Monitoring
Public Notice of the Closure of Shellfish Beds Dangerous to Public Health

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 the release of sewage from a broken sewer line into the waters of West Canal, Ventnor City, Atlantic County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Approved waters of the Lakes Bay area, specifically:

All the Approved waters of Lakes Bay and Shelter Island Bay that are north of the Margate-Northfield Boulevard (Rt. 662).

This prohibition took effect August 10, 2008 and will continue until FURTHER NOTICE.

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

June 19, 2008

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring & Standards
Shellfish Growing Water Classification
Readoption Amendment: N.J.A.C. 7:12

Take notice the Department of Environmental Protection is readopting, with amendments, the Shellfish Growing Water Classifications rules, N.J.A.C. 7:12, which describe the procedures for the establishment of areas of restricted shellfish harvest.  The adopted amendments were published in the New Jersey Register on June 2, 2008. The adopted amendments modify the classifications of shellfish waters based on the water quality determined from the program’s annual marine water monitoring surveys. As a result of the marine water monitoring surveys, the Department is upgrading 886 acres of shellfish waters from Seasonally Approved to Approved and 67 acres from Prohibited to Seasonally Approved.  The Department is downgrading 11 acres of shellfish waters from Approved to Special Restricted and 243 acres from Approved to Seasonally Approved. These adopted amendments will result in a total 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. The Department is also adopting an amendment that clarifies language pertaining to the accurate location of coastline along the Atlantic Ocean in the area of North Wildwood. For further information see the following links:

View the 2008 summary of classification changes.
View the summary readoption amendment document.
NJDEP Rules and Regulations Website

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

Notice 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.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) 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.