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
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 DEP web site(PDF) 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 www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.