New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 1 - GENERAL PROVISIONS AND PROCEDURES FOR CLASSIFICATION OF SHELLFISH WATERS › Section 7:12-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Approved" means waters that the Department has determined,
				  pursuant to
7:12-1.3
, meet the
				  sanitary standards set forth in the NSSP Guide such that the harvest of
				  shellfish for direct marketing is allowed.
"Aquaculture" is a form of agriculture involving the
				  propagation, rearing, and subsequent harvesting of aquatic organisms in
				  controlled or selected environments, and the subsequent processing, packaging,
				  and marketing, and shall include, but is not limited to, activities to
				  intervene in the rearing process to increase production such as stocking,
				  feeding, transplanting, and providing for protection from predators.
				  Aquaculture is a water dependent activity. Aquaculture shall not include the
				  construction of facilities and appurtenant structures that might otherwise be
				  regulated pursuant to any State or Federal law or regulation.
"Bait harvesting" means the taking of shellfish from areas
				  other than approved, for use only as bait and not for human consumption.
"Broodstock" means sexually mature shellfish that are kept
				  for breeding purposes.
"Bureau" means the Bureau of Marine Water Monitoring.
"Certified dealer" means a person who receives or accepts
				  shellfish for shucking, repacking, shipping, or sale pursuant to a certificate
				  issued by the Department of Health under
N.J.A.C. 8:13
.
"Condemned" means waters that, pursuant to
7:12-1.3
, do not meet the
				  criteria set forth in the NSSP Guide for the harvest of shellfish for direct
				  marketing. Condemned waters comprise the following classifications: Prohibited,
				  Restricted, Conditionally Restricted, and Conditionally Approved when the water
				  classification is in its closed status.
"Condemned areas" means waters not meeting the established
				  sanitary standards as recommended by the Interstate Shellfish Sanitation
				  Conference. Condemned areas are comprised of the following classifications:
				  Prohibited, Special Restricted, Seasonal Special Restricted and
				  Seasonal.
"Conditionally Approved" means waters that, pursuant to
7:12-1.3
, meet the
				  definition of "Approved" when the Conditionally Approved water classification
				  is in its open status and meet the definition of "Restricted" when the
				  Conditionally Approved water classification is in its closed status.
				  Conditionally Approved waters are delineated at
7:12-4.1
.
"Conditionally Restricted" means waters that, pursuant to
7:12-1.3
, meet the
				  definition of "Restricted" when the Conditionally Restricted water
				  classification is in its open status and meet the definition of "Prohibited"
				  when the Conditionally Restricted water classification is in its closed status.
				  Conditionally Restricted waters are delineated at
7:12-5.1
.
"Department" means the New Jersey Department of Environmental
				  Protection.
"Department maintained markers" means any special shellfish
				  buoy, range, stake, or marker maintained by the Department, for the purpose of
				  aiding in the delineation of shellfish growing waters.
"Depletion" means the planned removal of market size
				  shellfish from areas other than approved, for resource management and control
				  purposes.
"Depuration" means the process of reducing the pathogenic
				  organisms that may be present in shellfish by using a controlled aquatic
				  environment as the treatment process.
"Depuration or controlled purification" means the process
				  that uses a controlled aquatic environment to reduce the levels of bacteria and
				  viruses in live shellfish.
"Depuration plant" means a facility that conducts depuration
				  pursuant to a permit under this chapter and the Department of Health's rules at
N.J.A.C. 8:13
.
"Depuration process" means the procedure and equipment
				  employed by which shellfish are harvested from waters sanctioned and classified
				  by the Department of Environmental Protection as Special Restricted or Seasonal
				  Special Restricted and are treated at a depuration plant for controlled
				  purification.
"Depuration unit" is a tank or series of tanks supplied by a
				  single process water system.
"Designated enforcement unit(s)" means the Department's
				  Division of Fish and Wildlife, Bureau of Law Enforcement, Marine Region;
				  Division of Water Monitoring and Standards, Bureau of Marine Water Monitoring;
				  Division of Water and Land Use Enforcement, Water Compliance and Enforcement
				  Program; and the Department of Law and Public Safety, Division of State Police,
				  Marine Services Bureau.
"Direct marketing" means the sale for human consumption of
				  shellfish that does not require depuration or relay prior to sale or has been
				  subjected to depuration or relay prior to sale.
"Hard clams" mean the species Mercenaria mercenaria.
"Harvest" means the act of removing shellfish from a growing
				  water and its placement on or in a manmade conveyance or other means of
				  transport.
"Harvester allocation tag" means the tag that is to be
				  affixed to each container of shellfish at the time the container is allocated
				  by the depuration plant operator to the individual clammer. The use,
				  specifications and information requirements shall be in compliance with
				  Department of Health and Senior Services rules at
				  8:13-2.24.
"Interstate Shellfish Sanitation Conference" or "ISSC" means
				  the formal conference that establishes guidelines and procedures of the
				  National Shellfish Sanitation Program (NSSP) for the sanitary control of the
				  harvesting, processing and distribution of shellfish. These guidelines and
				  procedures are published as "Guide for the Control of Molluscan Shellfish" and
				  are updated by the ISSC as needed. Membership in the ISSC consists of Federal,
				  State and local regulatory agencies responsible for shellfish sanitation, the
				  shellfish industry and the academic community.
"Intertidal harvesting" means the harvesting of shellfish
				  from the area that is exposed at low tide and covered by water at high
				  tide.
"Landing" means the time or place at which shellfish is put
				  on land or a dock.
"Marina" and/or "mooring facility" means any structure
				  (docks, piers, bulkheads, floating docks, etc.) that supports five or more
				  boats, built on or near the water, which is utilized for docking, storing or
				  otherwise mooring vessels and usually but not necessarily provides services to
				  vessels such as repairing fueling, security or other related activities.
"Monitoring system" means a video surveillance system which
				  shall be remotely monitored via telephone lines in designated State offices.
				  The surveillance system shall be so located as to monitor all critical control
				  activities. The system must be approved by the SRRSC.
"National Shellfish Sanitation Program" or "NSSP" means the
				  Federal/State cooperative program that provides for the sanitary control of
				  molluscan shellfish produced and sold for human consumption, as described at
7:12-1.1(k)
.
"NSSP Guide" means the NSSP Guide for the Control of
				  Molluscan Shellfish, as described at
7:12-1.1(k)
.
"Person" means and includes any individual, company, firm,
				  corporation, association, society, partnership, joint stock company and their
				  agents or employees and shall also include the State and all its political
				  subdivisions, any agencies or instrumentalities thereof.
"Poisonous or deleterious substance" means a toxic substance
				  occurring naturally or added to the environment for which a regulatory
				  tolerance limit or action level has been established in shellfish to protect
				  public health.
"Polyculture" means the culturing in a common environment of
				  two or more species of shellfish, or of shellfish with other species.
"Prohibited" means waters that, pursuant to
7:12-1.3
, meet the
				  criteria set forth in the NSSP Guide such that no harvest of shellfish is
				  allowed for direct marketing, depuration, or relay. Prohibited waters are
				  delineated at
7:12-2.1
.
"Prohibited areas" means certain Condemned areas meeting
				  specified sanitary standards as set forth by the Interstate Shellfish
				  Sanitation Conference (ISSC).
"Refrigeration" means a mechanical unit that is chilled to a
				  temperature of 45 degrees Fahrenheit (7.2 degrees Celsius) or colder at the
				  time shellfish are placed in the unit and maintained at that temperature
				  thereafter.
"Relay" means the movement of shellfish from waters
				  classified as Restricted to waters classified as Approved for the purpose of
				  reducing pathogens as measured by the coliform indicator group or poisonous or
				  deleterious substances that may be present in the shellfish by using the
				  ambient water as the treatment process.
"Relaying" means the taking of market size shellfish from
				  areas other than approved areas, for replanting in approved areas for purposes
				  of purification prior to marketing.
"Research" means the taking of shellfish from areas other
				  than approved, for purposes of scientific investigation requiring naturally
				  contaminated shellfish.
"Restricted" means waters that, pursuant to
7:12-1.3
, meet the
				  criteria set forth in the NSSP Guide such that shellfish shall not be harvested
				  except for depuration or relay pursuant to a permit under this chapter.
				  Restricted waters are delineated at
7:12-3.2
.
"Sanctuary" means an area established by the department for
				  research purposes.
"Seasonal area" means waters condemned and opened for the
				  harvest of shellfish each year automatically by operation of the regulations in
				  this chapter.
"Seasonal Special Restricted Area" means certain Condemned
				  waters meeting specified sanitary standards as set forth by the Interstate
				  Shellfish Sanitation Conference (ISSC) during a portion of the year. The areas
				  so designated will automatically, by operation of regulations according to the
				  schedule in
				  7:12-5.1, be available for use
				  under the special permit programs sanctioned by the Department.
"Seed" means shellfish that have a maximum shell length, when
				  measured across the largest dimension, as follows: for hard clam (Mercenaria
				  mercenaria), equal to or less than one inch (25.4 mm); for eastern oyster
				  (Crassostrea virginica), equal to or less than one and one-half inches (38.1
				  mm); for blue mussel (Mytilus edulis), equal to or less than one-half inch
				  (12.7 mm); for bay scallop (Argopecten irradians), equal to or less than
				  one-third inch (eight mm); for soft clam (Mya arenaria), equal to or less than
				  one-half inch (12.7 mm); and for sea scallop (Placopecten magellanicus), equal
				  to or less than two inches (50.8 mm).
"Shellfish" means any species of oysters, clams, mussels, or
				  scallops live in the shell.
"Shellfish license" means the applicable commercial shellfish
				  license issued by the Department's Division of Fish and Wildlife.
"Shellfish Resource Recovery Steering Committee" or "SRRSC"
				  means a committee of representatives from the Department of Environmental
				  Protection and the Department of Health and Senior Services who have the
				  regulatory responsibilities for resource recovery programs.
"Soft clams" means the species Mya arenaria.
"Spawner area" means those areas established by the
				  department to re-establish shellfish populations.
"Special Permit Programs" means programs developed to utilize
				  shellfish from waters classified other than approved.
"Special Restricted areas" means certain Condemned areas
				  meeting specified sanitary standards as set forth by the Interstate Shellfish
				  Sanitation Conference. Application for removal of shellfish to be used for
				  human consumption from areas classified as Special Restricted will be
				  considered for transplant, transfer, relaying, and depuration/controlled
				  purification.
"Subtidal harvesting" means the harvesting of shellfish from
				  the area that lies below the low tide line and is normally covered by
				  water.
"Tide-dependent harvesting" means subtidal harvesting that
				  can only be accomplished during a stage of the tide cycle allowing the
				  harvester access to the shellfish.
"Transfer" means the movement of shellfish from leased land
				  located in a Condemned area to leased lands located in an Approved area for the
				  purposes of propagation and/or purification.
"Transplant" means the harvest of seed from waters classified
				  as Restricted for replanting and grow-out in waters classified as Approved for
				  a minimum of six months.
"Transplanting" means the taking of submarket size shellfish
				  from areas other than approved areas for replanting in approved areas until
				  they grow to market size.