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Notice of Rule Proposal
Shellfish Growing Water Classification, N.J.A.C. 7:12

Public Notice
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(PDF) is available from the Bureau of Marine Water Monitoring web site 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  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

To open the PDF documents, you will need the Adobe Acrobat pdf reader to view. Left-click on the link and they will open. Or, right-click on the link and select "Save Target As" to save the document to your hard drive or personal directory. You can download the free pdf reader here.

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