040207a

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
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 https://www.lexisnexis.com/hottopics/njoal/.  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