FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB)

TO THE NATIONAL ORGANIC PROGRAM (NOP)

Date: 11-05-09

Subject: Molluscan Shellfish (Bivalves)

Chair: Jeff Moyer

Recommendation

The NOSB hereby recommends to the NOP the following:

Rulemaking Action: X

Guidance Statement: ________

Other: ________

Summary Statement of the Recommendation (including Recount of Vote):

This recommendation rounds out all the recommendations from the NOSB in regards to 

aquaculture. This particular recommendation reflects the Aquaculture Working Group’s 

submission to the NOSB on this aspect of aquaculture to the word.

The NOSB hopes that the NOP will begin official rulemaking to officially incorporate 

aquaculture into the certified organic community.

NOSB Vote: Motion: Hubert Karreman Second: Tina Ellor

Board vote: Yes - 11 No- 2 Abstain- 0 Absent - 2 

Summary Rationale Supporting Recommendation (including consistency with OFPA and 

NOP):

The following sections of OFPA are pertinent to this Recommendation: 2103(11) – definition of 

Livestock; 2107(a)(6) – periodic residue testing; 2107(c)(1) – allowance of wild seafood to be 

certified or labeled as organic, 2107(c)(2)(B) – accommodate the unique characteristics of the 

industries in the United States that harvest and process wild seafood.

Additionally, the NOSB has already reserved a place holder for Molluscan Shellfish at 205.257

Response by the NOP:
1

National Organic Standards Board (NOSB)

Livestock Committee

Recommendation on 205.257 Molluscan Shellfish Standards

September 9, 2009

Introduction:

This recommendation strives to address key issues associated with the production of molluscan shellfish 

(a.k.a. bivalves) in systems compatible with organic agriculture, with special emphasis on strict environmental 

monitoring of living areas as well as careful harvesting techniques. A table (Appendix A) shows significant 

differences between current conventional bivalve production and the proposed organic production practices. The 

intent of this recommendation is to allow the production of organic bivalves as described herein. 

Background:

A number of years ago the NOSB Livestock Committee was charged with considering the inclusion of 

aquatic livestock species in organic agriculture. To that end, the Aquaculture Working Group (AWG) was formed 

to help assist the Board in any potential recommendations concerning aquatic livestock. The Livestock Committee 

has already presented three other parts of aquaculture to the entire Board for vote (fin fish in March 2007; fish 

feed and net pens in November 2008). All passed and were recommended to the Program for inclusion in the 

regulation. This recommendation will complete the charge originally presented to the Livestock Committee and 

the AWG. 

Discussion:

The recommendation presented is the considered response by the AWG to questions that the Livestock

Committee had about organic bivalve production in April 2009. This product is therefore a combined effort 

between the Committee and the AWG. 

Relevant areas in the Rule: 

The following sections of OFPA are pertinent to this Recommendation: 2103(11) – definition of Livestock; 

2107(a)(6) – periodic residue testing; 2107(c)(1) – allowance of wild seafood to be certified or labeled as 

organic, 2107(c)(2)(B) – accommodate the unique characteristics of the industries in the United States that 

harvest and process wild seafood.

The NOSB has already established the regulatory framework for this recommendation at the March 2007 

meeting. That document includes:

205.257 Molluscan Shellfish [reserved]
2

Recommendation: 205.257 Molluscan Shellfish

§ 205.2 TERMS DEFINED 

HACCP. Hazard Analysis Critical Control Point, a mandatory program for seafood processors under the 

U.S. Food and Drug Administration and the National Oceanic and Atmospheric Administration. The 

program requires the analysis and management of critical processing variables that impact upon the 

healthiness and safety of seafood products.

NSSP. National Shellfish Sanitation Program operated under jurisdiction of the U.S. Food and Drug 

Administration and designated state and foreign shellfish control authorities.

Bivalves. The term “bivalve” applies to bivalve molluscs including oysters, clams, mussels, and 

scallops. Gastropod molluscs, such as abalone and conch, and cephalopods, such as octopus and squid, 

are not included.

Seed, juvenile or spat. The stage of development after the larval, free-swimming stage, which, having 

developed an eye spot, foot, and gills, settles onto a suitable substrate (on shell, for example). This life 

state is also sometimes referred to as “spat.” 

Seston. Particulate matter suspended in water including plankton, organic detritus, and inorganic 

material.

Specific pathogen free. Hatchery bivalve seed must be certified free of reportable shellfish infectious 

disease agents in accordance with applicable state and/or federal regulations pertaining to the location of 

origin and use.

Submerged aquatic vegetation (SAV). A collective term that describes rooted macrophytes, including 

marine angiosperms, such as the true sea grasses, and freshwater macrophytic algae. Submerged aquatic 

vegetation provides food and shelter for juvenile estuarine and marine organisms and improves water 

quality by causing the sedimentation of suspended matter and the removal of dissolved nutrients through 

primary productivity.

§ 205.257 BIVALVE MOLLUSCS

(a) Bivalve molluscs general:

(1) Except as otherwise provided, all provisions of § 205.250 through § 205.259, 

Aquaculture, and § 205.600 through § 205.604, National List, in this subsection apply to 

bivalves. 

(2) An organic bivalve producer must maintain records to preserve the identity of all 

organically managed bivalves and edible and non-edible products to assure reliable 

traceability from growing area to market. 

(3) All applicable laws, regulations and procedures of national and local governments, 

including NSSP, HACCP, and environmental laws and regulations, must be obeyed. 

(4) Bivalves that are removed from a certified operation and subsequently managed on a 

non-certified operation may not be sold, labeled or represented as organically produced. 

(5) Depuration of bivalve molluscs for the purpose of eliminating or reducing amounts of 

prohibited substances is prohibited.

(6) Bivalves grown in onshore ponds, tanks, and other containers may be fed organic aquatic 

plants produced under § 205.258 Farmed aquatic plants and other organic seston in an 

integrated organic production system.
3

(b) Organic system plan for ocean based bivalve production where feed is natural seston:

(1) Ocean based bivalve growing areas must be under organic management for at least three 

years before production can be certified organic.

(2) A producer of organic bivalve molluscs must develop an organic system plan in accordance 

with the provisions of § 205.201. 

(3) The organic system plan for bivalve production that is fed wild microalgae and other natural 

seston must include: 

i. A map of the growing area that indicates the boundaries of organically managed areas, 

adjacent natural areas, and non-organically managed areas that may influence the 

operation, and water circulation patterns. The location of all industrial or domestic point 

sources of contamination must be included on the map. The map also must include 

locations of beds of eel grass, submerged aquatic vegetation, and other ecologically 

sensitive flora and fauna. 

ii. The organic system plan must include an approximate delineation of the hydraulic zone 

of influence (HZI) for forage production for the shellfish farm. The HZI is the zone of 

production for forage consumed by the farmed bivalve molluscs. 

iii. Determination of the HZI may be based on hydraulic models, field observations that 

measure and define circulation, and/or tracer studies. The organic system plan shall 

include a map of the HZI with grids representing forage production areas for the farm 

that contain 10% or less of the surface area of the HZI. In addition, methods for 

delineating the HZI must be described, as well as locations of any freshwater sources and 

other factors impacting production of forage for organic bivalve molluscs. The HZI 

determination may include approaches and methods such as:

a. establishing the tidal prism by measuring tidal amplitude.

b. determining water circulation patterns by drogue studies (Lagrangian methods) or 

comparable drift methods, tracer studies using dye, and current meters.

c. locating sources of fresh water inflow.

d. establishing Depth/Salinity/Temperature relationships. 

e. Calculation of the HZI using a mathematical model if sufficient preexisting data is 

available.

The analysis shall determine estimated average and extreme ranges of circulation, and if 

vertical mixing occurs. The results of this analysis must include drawings or images of 

circulation patterns and how prevailing or storm wind conditions effect the HZI.

The HZI must be estimated under a representative range of typical conditions. 

Identification or quantification of extreme climatic conditions that could affect the HZI 

must be discussed in the organic system plan. 

iv. Identification and location of all point and non-point sources of prohibited substances and 

other potential contaminants, such as heavy metals, from urban, residential, industrial and 

agricultural sources that may adversely affect the area of natural forage production and 

the bivalve growing facility. The plan must include a determination of the distance from 

the bivalve growing site to any point or identified area from which there is a significant 

risk of contamination; 
4

v. Documentation of environmental conditions in the growing area, including water quality 

and land use in contiguous watersheds; Documentation shall include affidavits from 

contiguous agricultural and industrial users that prohibited substances have not been 

applied during the past three years. 

vi. A description of a water quality monitoring program that indicates parameters measured, 

frequency of measurement, and location of sampling stations; 

vii. A description of the procedures used for the culture and harvest of bivalve molluscs, 

including materials used for rafts, nets, or other structures; 

viii. A description of measures that will be implemented to minimize impacts of 

culture operations on ocean ecosystems and wildlife, including discussions of:

a. the impacts of farm structures (if any), growing practices, and harvest methods.

b. benthic deposition.

c. estimates of nutrient flows, including recycling of nutrients from anthropogenic 

sources and adequacy of wild forage in the water column.

d. predator control methods.

e. species that use the habitat, including those designated as threatened or 

endangered. If threatened or endangered species are present, the plan must 

indicate how culture and harvest activities are in compliance with applicable laws 

that protect such species. 

ix. A description of biosecurity practices to prevent to the occurrence and spread of 

diseases or parasites; 

x. A waste management plan that provides for: 

a. reuse, recycling and proper disposal of nets, ropes, waste shell, grade-outs and 

dead-stock.

b. composting or recycling of waste biological materials, including shells, to the 

extent practicable. 

c. control of offensive odors. 

xi. A schedule for surveillance and methods of removing accidentally released culture 

materials or equipment from beaches or natural waters adjacent to the culture site; 

xii. A process for the resolution or mitigation of complaints, conflicts, and other multistakeholder issues.

xiii. The Sanitary Survey for the operation as required under NSSP.

(c) Organic system plan for bivalve production integrated with another ocean based organic 

production facility such as a net pen where the bivalves feed largely upon the metabolic products 

of that production:

(1) The producer must develop an organic system plan in accordance with the provisions of § 

205.201. 

(2) The organic system plan for bivalve production where the feed is largely metabolic 

products of that production must include: 
5

(i) A map of the growing area that indicates the boundaries of organically managed 

areas, adjacent natural areas, and non-organically managed areas that may influence 

the operation, and water circulation patterns. The location of all industrial or domestic 

point sources of contamination must be included on the map. The map also must 

include locations of beds of eel grass, submerged aquatic vegetation, and other 

ecologically sensitive flora and fauna. 

(ii) The Sanitary Survey for the operation as required under NSSP. 

(iii) The Sanitary Survey must be reviewed and updated if necessary at least annually by 

the grower and supplemented with particular attention given to possible 

contamination by any one or more prohibited substances from any source. It must 

include the identification and location of all point and non-point sources of prohibited 

substances and other potential contaminants, such as pesticides, herbicides, and heavy 

metals. Point and non-point sources can be from urban, residential, industrial and 

agricultural areas that may pollute the area of natural forage production and the 

bivalve growing facility. This may include domestic waste (including municipal 

sewage treatment plants and private septic tanks), agricultural contamination from 

farms, feedlots, slaughterhouse operations, and crop spraying, and all forms of 

industrial discharges that could impact the growing waters. The plan must include the 

distance from the bivalve growing site to any point or identified area from which 

there is a significant risk of contamination. The required Sanitary Survey shall be 

further supplemented whenever there is a material change. 

(iv) The Sanitary Survey supplement must include a representative range of 

meteorological and oceanographic typical conditions that might be expected over a 

ten year period. Identification or quantification of extreme climatic conditions, such 

as hurricanes and floods, that could affect the zone of forage production must be 

considered in the organic system plan with plans for dealing with such events.

(v) The Organic System Plan must include plans for action for events that trigger any 

form of pollution contribution to the area of the Sanitary Survey.

(vi) Documentation of environmental conditions in the zone of forage production, 

including water quality and land use in contiguous watersheds. Documentation shall 

include affidavits from contiguous agricultural and industrial users that prohibited 

substances have not been applied during the past three years. 

(vii) A description of a water quality monitoring program including the parameters 

measured, frequency of measurement, and location of sampling stations. 

(viii) A description of the procedures used for the culture and harvest of bivalve molluscs, 

including materials used for rafts, nets, or other structures. 

(ix) A description of measures that will be implemented to minimize impacts of culture 

operations on ocean ecosystems and wildlife, including discussions of:

a. the impacts of farm structures (if any), growing practices, and harvest methods.

b. benthic deposition.

c. estimates of nutrient flows, including recycling of nutrients from anthropogenic 

sources and adequacy of wild forage in the water column.

d. predator control methods.
6

e. species that use the habitat, including those designated as threatened or 

endangered. If threatened or endangered species are present, the plan must 

indicate how culture and harvest activities are in compliance with applicable laws 

that protect such species. 

(x) A description of biosecurity practices to prevent to the occurrence and spread of 

diseases or parasites.

(xi) A waste management plan that provides for: 

a. reuse, recycling and proper disposal of nets, ropes, waste shell, grade-outs and 

dead-stock.

b. composting or recycling of waste biological materials, including shells, to the 

extent practicable. 

c. control of offensive odors.

(xii) A schedule for surveillance and methods of removing accidentally released culture 

materials or equipment from beaches or natural waters adjacent to the culture site;

(xiii) A process for the resolution or mitigation of complaints, conflicts, and other multistakeholder issues.

(d) Origin of bivalves molluscs:

(1) The use of hatchery produced seed is required.

(i) However, where commercially available seed in not available in the same geographic 

region, or where the use of hatchery seed would preclude commercial production of 

market sized animals, the collection of larvae or natural set seed from the ocean is

allowed for a period of seven years from the date these regulations are adopted, under 

the following conditions:

a. wild seed only can be collected from wild animals that are actively managed by the 

appropriate government resource management agency to ensure sustainable wild 

populations. The organic system plan must include provisions that consider and 

control the impacts of wild seed collection activities and methods to monitor those 

impacts. 

b. wild seed collection methods must not compromise the ecological integrity of the 

aquatic ecosystem in which they are being used. 

c. the organic system plan must include provisions to minimize overset of wild seed. 

Prior to the expiration of this exemption period, a reevaluation shall be made of 

whether to extend this exemption for specific species where the use of hatchery seed 

would preclude commercial production of market sized animals.

(2) Production of triploid bivalves is prohibited by § 205.251 Origin of aquaculture animals, 

paragraph (e).

(e) Bivalve mollusc forage production in ocean based production systems:
7

(1) Bivalves may forage on wild microalgae and other seston at locations classified by 

appropriate government authorities under the NSSP as “remote,” “approved,” or 

“conditionally approved” subject to specific provisions of these standards. Bivalves 

grown at locations that are not classified, or classified as ,” “restricted,” “conditionally 

restricted,” or “prohibited” may not be sold, labeled or represented as organically 

produced.

(2) In the event of an emergency closure ordered by a state shellfish control authority for 

environmental reasons, the waters under organic production must remain closed for an 

additional seven days after these waters are reopened by that authority and testing by the 

grower after reopening determines that requirements under (f) Contamination indicators 

are satisfied. In the event of a closure due to major pollution impacts, including sewage 

or chemical spills, closure shall extend until at least 14 days after the waters are reopened 

by the shellfish control authority and testing by the grower determines that requirements 

under (e) are satisfied.

(f) Contamination indicators for all ocean based production:

(1) Measuring fecal coliforms as an indicator for contamination by prohibited substances is 

required. 

(2) In addition to monitoring by government agencies for indicator organisms required under 

NSSP, the organic system plan must include monitoring by the producer for microbial 

indicators of possible contamination by prohibited substances for each site with periodic 

testing of seawater. Monitoring must be site specific with specifications determined by 

the initial site analysis in the Sanitary Survey and ongoing evaluation of potential 

contamination. The organic system plan must consider historical information and must be 

updated annually. 

(3) The annual review of the organic system plan shall consider incorporating new 

technologies for monitoring contamination when new technologies become available and 

can be used with reliable and consistent interpretation. 

(4) Locations for sample stations must be identified in the organic system plan and indicated 

on the site map. There must be at least two sampling stations for each farm site. At least 

one station must be located near the boundary of the farm closest to any potential source 

of contamination. Additional sample stations must be utilized where potential sources of 

contamination exist near other boundaries of the farm site. 

(5) Periodic sampling and testing for fecal coliform indicators must occur at least twice each 

month at approximately two week intervals with records maintained for at least five 

years. All stations must be sampled within the same 12 hour period, or within the same 

tidal cycle, whichever is shorter. Sampling and testing should be conducted using 

standard industry protocols and may include multiple samples per station. At least twice 

each year a third party independent FDA certified laboratory must verify at least one set 

of samples.

(6) Harvesting of bivalves is allowed from the farm site when fecal coliform water sample 

testing results for each sampling event indicate a geometric mean or median for all 

stations that does not exceed 14 bacteria cells per 100 ml. This determination can be 

made by most probable number (MPN) or membrane filter methods. When the geometric 

mean or median exceed 14 bacteria cells per 100 ml of seawater, bivalves may not be 

harvested for organic sale until sample results are 14 bacteria cells per 100 ml or less. 

Should two consecutive sampling dates indicate an geometric mean or median of greater 
8

than 14 bacteria cells per 100 ml then harvesting for organic sale must be suspended until 

two consecutive sample dates, separated by at least 24 hours, yield consecutive 

acceptable (≤14 bacteria cells per 100ml) results.

Methods for determination of fecal coliform indicator organisms are described in the U.S. 

Food and Drug Administration Guide for the Control of Molluscan Shellfish, 2005 (or 

subsequent editions), IV. GUIDANCE DOCUMENTS, II-Growing Areas, .10 Approved 

National Shellfish Sanitation Program Laboratory Tests. [

http://www.cfsan.fda.gov/~ear/nss3-42j.html ].

(7) The Organic system plan must include monitoring of sentinel animals by tissue sampling

of bivalve molluscs for prohibited and other substances, at least quarterly and 

approximately 90 days apart, of the bivalve molluscs being grown, or if cultured animals 

are not available of an appropriate size, wild bivalve molluscs of the same species 

utilized in that region by the Mussel Watch Program of the US National Oceanic and 

Atmospheric Administration 

[http://ccma.nos.noaa.gov/about/coast/nsandt/musselwatch.html ], that are collected 

within the establish site boundaries under sampling and analytical protocols established 

by the Mussel Watch program for all analytes evaluated by that program. Should the 

value of any analyte in the sentinel animals exceed those values listed in Table 1, Action 

Levels, Tolerances and Guidance Levels for Poisonous or Deleterious Substances in 

Seafood found in US Food and Drug Administration National Shellfish Sanitation 

Program, Guide for the Control of Molluscan Shellfish, 2007, [ 

http://www.cfsan.fda.gov/~ear/nss4-42d.html ], the bivalve product cannot be labeled 

organic until two subsequent samples of sentinel animals are found to be below the action 

levels, tolerances and guidance levels for all analytes listed. These subsequent 

samples must be spaced at least two months apart.

During the three year conversion period to organic production, should two successive

samples of sentinel animals that are taken within 90 days exceed these action levels,

tolerances and guidance levels, the site cannot be certified for the organic production of 

bivalves for a period of at least three years.

Copies of all results shall be saved for at least five years.

(g) Animal health care practices:

(1) Hatchery seed must be certified to be free of reportable shellfish infectious disease agents 

according to applicable State and Federal regulations.

(2) Handling and growing area management practices must minimize the occurrence and 

spread of diseases and parasites. 

(3) Biosecurity measures must protect against entry of new pathogens, parasites or pests, or 

their spread. Such biosecurity measures must be specified a specific biosecurity or health 

section of the organic system plan. 

(4) Saline and freshwater dipping, rinsing or spraying may be employed to destroy shell 

parasites, predators or bacteria.

(h) Living conditions:
9

(1) Bivalves must be under continuous organic management from the time seed is placed in a 

growing area. All product labeled organic must achieve at least 95 percent of its biomass 

while under organic management.

(2) Ocean based sites must provide appropriate rates of water exchange with sufficient tidal 

currents to assure a good supply of food for bivalve crops while maintaining a healthy 

environment for other marine organisms. 

(3) Bivalves shall be stocked at densities and total numbers that: 

i. optimize the health and growth of the bivalves. 

ii. do not result in changes to the benthos except in the farm site.

iii. do not remove quantities of plankton or microorganisms from the water sufficient 

to cause damage in ecosystems on or adjacent to the farm.

(4) With ocean based production systems, the producer must assure adequate protection of 

bivalves from predators with a pest management plan for each location. Where possible, 

the plan should provide for pest removal without using lethal means of predator control. 

The use of quicklime (CaO), biocides, pesticides, herbicides, and other chemical toxins 

are prohibited to control or eliminate predators and other nuisance organisms unless 

allowed under § 205.601 or § 205.603.

(5) With ocean based production systems removal of biofouling, pests, or predators using 

benign means including hand removal and hose washing of bivalves in a manner that 

minimizes environmental impacts from the discharge of fouling organisms and sediment 

is allowed.

(i) Ocean based bivalve growing facilities:

(1) Bivalves may be grown in integrated production systems with other organically raised 

aquatic animals, such as finfish.

(2) Bivalve growing areas must be geographically defined. The farm must have exclusive 

rights to manage and harvest bivalves in each defined area. Bivalves grown on public 

grounds that are not leased for private use cannot be certified organic.

(3) Bivalves may be grown on the substrate, or in off-bottom containers, including bags on 

racks, lantern nets, trays, or on long-lines, poles or other bags or containers which employ 

off-bottom methods. Rafts and other floating structures for suspending bivalves in the 

water column may be employed.

(4) Structures used for raising bivalves may not contain lumber treated with arsenate or other 

synthetic anti-foulants or preservatives, or any non-synthetic substances prohibited under 

205.604, except as provided in 205.603.

(5) Burrowing bivalves such as clams may be grown in the substrate.

(6) Farms that grow bivalves must include in their organic system plan specific and 

measurable steps that will be taken to minimize environmental impacts of farm practices. 

Such steps may include but not are not limited to:

i. minimize disturbance of the benthic sediments during seeding and harvest of subtidal 

leases by using only shallow draft vessels during high tide. 
10

ii. subtidal leases with fine bottom sediments must be harvested with the least disruptive 

mechanical or manual harvesting method that are practicable and must comply with 

(j) Harvesting ocean based bivalve shellfish.

(7) The seafloor of non-private growing areas cannot be altered with dikes, or leveling. 

(j) Harvesting ocean based bivalve shellfish:

(1) Harvest methods must cause minimal impact to the substrate, benthos, and to organisms 

that live on the ocean bottom and in bottom sediments. Impacts must be minimal to 

assure sustainability of habitat. Where possible, mitigation measures must be employed.

(2) For all methods of harvest the organic system plan must include an assessment of the 

potential for incidental kill of non-farmed species that occupy the farming habitat and a 

plan to minimize the occurrence of such incidental kill. 

(3) Manual harvest of bivalves by divers using self contained breathing apparatus (SCUBA) 

or surface supplied air is permitted. Diving activities within the United States must 

comply with either State or Federal regulations, whichever is applicable. Diving activities 

in foreign jurisdictions must comply with pertinent diving regulations established by the 

United States Occupational Safety and Health Administration. 

(4) Dredges or other mechanical methods employed to harvest bivalves must scrape farmed 

animals from the benthic surface and minimize penetration into the substrate to no more 

than the depth of the market sized bivalves being harvested. Sediment penetration must 

only be by a harvesting bar, blade or tooth, with the body of the dredge held off the 

bottom by sled runners or by other means to ensure that the dredge does not penetrate the 

substrate.

(5) Suction devices and hydraulic escalator harvesters are prohibited for harvesting 

burrowing molluscs. 

(6) Harvesting of molluscs is not allowed within 100 feet of beds of submerged aquatic 

vegetation or other light-sensitive aquatic ecosystems, known spawning areas of fish, or 

ecologically sensitive habitats. These areas must be shown on the site map.

(7) Equipment for harvesting non-burrowing seafloor surface dwelling bivalves that creates a 

negative water pressure above the substrate to sweep the animals into the dredge without 

the dredge penetrating the substrate is allowed. With this dredge design, the equipment 

must be held off the bottom by sled runners or other means to assure that the apparatus 

does not penetrate the substrate.

(8) The organic system plan must include a description of the design of dredges and other 

harvest equipment employed including drawings or photographs. 

(9) Clams and other burrowing molluscs that grow in the substrate in intertidal areas may be 

hand dug for a depth of not greater than 8 inches with particular care to minimize 

disruption of the seabed. Harvest must occur during periods of beach exposure at low tide 

to minimize the distribution of marine sediments. 

(10) Intertidal harvest of clams or other substrate dwelling shellfish may be accomplished with 

tractor driven or self-propelled harvesting machines with a maximum depth of harvest of 

8-inches. Mechanical harvesting equipment must be designed and operated to minimize 

disturbance of the substrate through the use of low weight equipment with low 

pressure tires that are designed to minimize loading on the substrate. This equipment 
11

must have a total weight of less than 3,000 pounds including the weight of operators. In 

no case shall substrate loadings exceed 10 pounds per square inch for any tire. This 

calculation shall be made in the field by dividing the weight of the harvester carried 

by each tire by the horizontal contact area of the tire on the substrate determined by 

multiplying the contact width by the contact length of the tire impression in the substrate.

Tracked crawler equipment meeting these specifications also may be employed. 

(11) Hand raking of clams is allowed to a depth of 8-inches.

(k) Handling and transport of bivalve molluscs:

(1) All national and local regulations controlling the disposal of processing wastewater must 

be obeyed. 

(2) After shucking and during packing exposure to fresh water shall not exceed 20 minutes. 

(3) Packing materials and controls must conform to NSSP requirements throughout 

shipping, and distribution.

(4) Packing date must be clearly marked on the retail sales container as well as estimated 

shelf-life or “sell by” and the product must conform to local, state or federal standards 

pertinent to shelf-life and quality.

(5) Placing bivalves in waters of lower salinity after harvest for purposes of increasing 

weight or volume (“soaking”) is prohibited. Placing bivalves in waters of greater salinity 

for purposes of improving taste (“salting”) is allowed with the provision that the lease or 

facility used for this practice has been under continuous organic management. 
12

APPENDIX A: Comparison of conventional & proposed organic bivalve production

Management Method Conventional Aquaculture Proposed Organic Standard

Conversion Period None Organic management for 3 yrs.

Map NSSP for sewage discharge 

points

Sewage and industrial points of 

discharge.

Organic control points None

None

None

None

None

None

Establishment of hydraulic zone of 

influence using hydraulic modeling 

and field studies.

Initial site survey to determine if any 

contaminants are present.

Identification of all point and nonpoint sources of prohibited substances 

plus other potential contaminants.

Documentation of adjacent land uses 

including affidavits from contiguous 

land users that prohibited substances 

have not been applied during the past 

three years.

Establishment of a water quality 

monitoring program conducted by 

grower.

Ongoing contaminant monitoring of a 

wide range of substances both using 

sentinel bivalves.

Measures to minimize 

impacts to surrounding 

ecosystems and wildlife

None

None

None

Optional

Waste management plan with 

schedule for recycling, reuse, and 

surveillance and clean up of farm 

originated waste in surrounding 

ecosystem.

Sensitive flora and fauna mapping and 

avoidance.

Ecosystem impact minimization 

program as part of organic system 

plan.

Biosecurity program.
13

Allowed

Not required

None

Allowed

Allowed

Allowed with permit

Allowed

Optional

None

Altering seafloor with dikes and 

leveling prohibited

Impact on ocean bottom and on 

non-farmed species must be 

mitigated and minimized

Harvest dredges with specified 

sediment penetration limits 

Suction and hydraulic escalator 

harvesters prohibited

Harvesting within 100 feet of 

submerged beds of vegetation, fish

spawning areas and ecologically 

sensitive habitats prohibited

Use of quicklime, biocides, 

pesticides, herbicides and other 

chemical toxins for predator 

control prohibited.

Use of antifoulants and treated 

lumber prohibited

Multitrophic production methods 

required

Densities and animal numbers 

designed to prevent changes to 

surrounding benthos and avoid 

impacting primary productivity in 

surrounding ecosystems.

Responsible community 

relations

None Plan for resolution of multistakeholder issues.

Animal health and welfare Hatchery seed free of 

reportable shellfish 

infections

Optional

Hatchery seed free of reportable 

shellfish infections

Handling, growing area management 

and biosecurity practices designed to 

minimize stress and exposure to

pathogens
14

None

None

Densities designed to optimize animal 

health and welfare

Predator and pest control plan 

required

Origin of mollusks None Hatchery seed required (with 

exception) with wild seed prohibited. 

Triploidy prohibited.

NSSP designation Harvesting from areas 

classified as remote, 

approved, conditionally 

approved, restricted and 

conditionally restricted 

allowed under certain 

conditions.

Emergency closures 

determined by state 

authorities.

Closure for major pollution 

impacts determined by state 

authorities.

Only remote , approved, or 

conditionally approved allowed.

Closure for an additional seven days 

after reopening and grower testing for 

contamination indicators.

Closure for at least an additional 

fourteen days and grower testing for 

contamination indicators.

Contamination monitoring By state authorities using E. 

coli as indicator.

Same as NSSP (state authorities) 

additional monitoring by grower using 

direct monitoring within the hydraulic 

Zone of Influence

Contamination indicator 

technology updates

None Annual review with inclusion in 

Organic System Plan where reliable.

.

Testing of seston for 

persistent organic 

compounds and heavy 

metals.

Not required. Required to be below F

DA action levels, or closure.

Committee Vote: Motion: Jennifer Hall Second: Rigo Delgado

Yes: 4 No: 3 Abstain: Absent: