7 Del. Admin. Code § 7402
International standards for shellfish (molluscan bivalves only) growing area water quality, as well as shellfish growing, harvesting, handling, and processing, are maintained by the Interstate Shellfish Sanitation Conference (ISSC), administrative body of the National Shellfish Sanitation Program (NSSP). Adherence to these standards is a voluntary, cooperative effort by NSSP member states and foreign countries. Member states and countries allow shipment of shellfish into their jurisdictions only from other member states and countries that adhere to ISSC standards and practices. Delaware is an ISSC member, along with 27 other states, the District of Columbia, and nine foreign countries. The NSSP evolved from public health principles and program controls formulated at the original conference on shellfish sanitation called by the Surgeon General of the United States Public Health Service in 1925. Adherence to ISSC standards is administered under the auspices of the U.S. Food and Drug Administration.
The purpose of these Regulations is to ensure that the shellfish harvested for any purpose from Delaware waters, and shellfish shipped to Delaware from beyond it's borders, are fit for human consumption - toprotect the public health and safety. This "strategic theme" of Delaware's Shellfish Program is proscribed in the Environmental Partnership Agreement between Delaware's Department of Natural Resources and Environmental Control and the U.S. Environmental Protection Agency, Region III. Under this Agreement, key environmental problems and priorities are identified, and key goals established to address them. By protecting the health and safety of shellfish consumers, these Regulations also serve to promote and enhance Delaware's multi-million-dollar shellfish industry, protect the interests of recreational shellfish harvesters, keep as much shellfish ground open to harvesting as environmental conditions allow, and to broadly advocate clean water.
Consumer Warning: Certain people may be at risk of serious illness or death as a result of consuming raw molluscan shellfish, including those with liver disease (from hepatitis, cirrhosis, alcoholism, or cancer), Iron Overload Disease (hemochromatosis), diabetes, those with stomach disorders, including; but not limited to those with low stomach acid, those with immune system disorders, or those with any illness or medical treatment that weakens the body's immune system. Physicians recommend that those at risk not eat any clams, mussels, oysters, or scallops, and furthermore recommend that shellfish, if consumed by the at-risk population, be thoroughly cooked.
NOTE: Those definitions primarily relating to the "Policy To Determine Shellfish Growing Area Classification In And Around Wet Slip Basins And Artificial Lagoons" are contained in Appendix 11.
Approved HACCP Plan (see HACCP): An operational plan mandated by Federal law, effective as of December 18, 1997, and defined in the Federal Register in the "Procedures For the Safe and Sanitary Processing and Importation Of Fish and Fishery Products; Final Rule." which includes Part 123: "Fish and Fishery Products Hazards and Controls Guide," and which is approved by DNREC.
Approved HACCP Training Course: A course approved by DNREC in the instruction of HACCP concepts and operational specifications, mandated by Federal law, effective as of December 18, 1997, and defined in the Federal Register in the "Procedures For the Safe and Sanitary Processing and Importation Of Fish and Fishery Products; Final Rule." which includes Part 123: "Fish and Fishery Products Hazards and Controls Guide."
Approved Depuration Process: The process of reducing bacteria and virus levels to acceptable levels in live shellfish by subjecting them to a strictly controlled aquatic environment, as performed only by a certified depuration processor.
Approved Relaying Operation: The harvesting of shellfish from waters classified as other-than-Approved; however not Prohibited, and their subsequent transference to natural bottom, or in approved containers, to Approved shellfish growing areas; however only with written permission of DNREC.
Approved Source of Shellfish: Shellfish meeting all criteria in these Regulations, including the following:
Shellfish which have been handled by certified interstate Shellfish Dealer/Processors whose names appear on theInterstate Shellfish Shippers Certified List; OR shellfish harvested from Delaware waters which have been handled by certified Delaware Intrastate Shellfish Dealer/Processors, and which are available for retail sale to the final customer only in Delaware.1
Shellfish from Approved waters; OR shellfish from waters classified as other-than-Approved when shellfish harvesting is allowed on a seasonal/conditional basis; OR shellfish subjected to an approved depuration or relay process.
Back Flow/Back Siphonage:Water intended as a potable source; however carrying, or potentially carrying poisonous and/or deleterious substances, because this water flows in the opposite direction of the intended flow due to negative pressure in the potable water supply system.
Business:A shellfish-related business, entity, person, or persons.
Buy Boat/Buy Truck:A boat/truck which is used for the purchasing/shipment of shellfish in the capacity of a certified shellfish dealer/processor.
Certification:The issuance of a numbered license or permit to operate as an intrastate or interstate shellfish dealer/processor.
Certification Number:A number assigned to each certified shellfish dealer/processor by DNREC. The number shall be proceeded by the letters "DE" to indicate Delaware, and followed by a two letter symbols designating the type of operation.
Certified Shellfish Dealer/Processor: A person, persons, or business (including buildings, trucks, boats, and other equipment) which engage in one or more of the following: the sale, shucking, packing, repacking, shipping, reshipping, depurating, freezing, or other handling of shellfish on an interstate and/or intrastate basis, as follows:
Interstate Shellfish Dealer/Processor: A certified shellfish dealer/processor permitted to engage in the shellfish trade across state and international borders.
Intrastate Shellfish Dealer/Processor: A certified shellfish dealer/processor permitted to engage in the shellfish trade only within Delaware. This certification is not recognized outside of Delaware.
Commingling: The act of combining different lots of shucked or unshucked shellfish.
Cross Connection: A potable water supply line constructed to allow either back siphonage, or the attachment of a supply line extension which would allow back siphonage.
DNREC: The Delaware Department of Natural Resources and Environmental Control.
Depuration Plant: A plant certified by the State Shellfish Control Authority as a depuration processor.
Depuration Processor (DP): A shellfish dealer/processor which receives or harvests shellstock from approved sources; OR shellfish from waters classified as Seasonally Approved, Conditionally Approved, or Restricted, and which subjects this shellfish to an approved depuration process thereby rendering the shellfish as approved and fit for human consumption; however only as approved by DNREC.
Depuration Process Specifications: The controlled conditions (physical and operational specifications) by which shellfish are subjected to a strictly controlled aquatic environment as a means of reducing the levels of bacteria and viruses in live shellfish to acceptable levels, as approved by DNREC.
Depuration Unit: A tank, trough, or similar vessel in which live shellfish are stored temporarily, and subjected to depuration.
Dry storage: The storage of shellstock out of water.
EPA: The United States Environmental Protection Agency.
FDA: The United States Food and Drug Administration.
Food Contact Surface: Those surfaces of equipment and utensils which normally come in contact with food, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.
Food-Product Zone: The parts of food equipment, including ancillary structures, such as blower pipes and drain valves, which may contact the food being processed, or may drain into the portion of equipment with which food is in contact.
HACCP (Hazard Analysis Critical Control Points): A method of conducting sanitation assessments of shellfish/seafood dealer/processors, mandated by Federal law, effective as of December 18, 1997, and defined in the Federal Register as the "Procedures For the Safe and Sanitary Processing and Importation Of Fish and Fishery Products; Final Rule." which includes Part 123: "Fish and Fishery Products Hazards and Controls Guide."
Harvester Tag: A tag required to be affixed by a commercial shellfish harvester to an individual unit of shellfish, and meeting specifications contained in Appendix-10.
Harvest Lot: Shellfish harvested from one shellfish growing area during a single harvesting operation by a single shellfish harvester (for example: a harvester's daily take from a single growing area).
Internal Temperature: The actual temperature of shucked shellfish in the container (not necessarily the air temperature of the refrigerator in which the product may be stored).
Intrastate Shellfish Retailer: A shellfish dealer/processor which sells shellfish only in Delaware.
Marine Head: A toilet or other human waste catchment device with retention and/or discharge capability. A marine head may or may not be an MSD. MSD is the term for a Coast Guard approved marine head. See Appendix-11 for a more detailed definition.
Maximum Seed Size: The maximum size that seed can be grown in waters classified as Prohibited before being transported to waters classified as Approved, Seasonally Approved or Conditionally Approved.
National Shellfish Sanitation Program (NSSP): The cooperative State-FDA-Industry Program for certification of foreign and domestic interstate shellfish dealer/processors as described in the “NSSP Model Ordinance."
Person: A person as defined in Title 1, Chapter 3, Section 302, Delaware Annotated Code.
Poisonous or Deleterious Substance: A toxic compound occurring naturally, or which is artificially introduced.
Polluted Waters: Waters which contain human pathogenic organisms and/or indicator organisms and/or other poisonous/deleterious substances at actual or theoretical levels which are determined to render the shellfish growing in the waters unfit for human consumption.
Process Lot: A harvest lot or lots from the same shellfish growing area which are subject to processing.
Process Water: The water in depuration tanks when shellfish are present.
Relay Lot: All shellfish harvested from a single shellfish growing area and transported to another shellfish growing area for natural biological purification.
Relay Operator: A person/business permitted/certified to engage in relaying.
Repacker (RP): A shellfish dealer/processor, other than the original certified shucker-packer, which repacks and ships shucked shellfish into containers other than the original container.
Sanitary Survey: The collection of valid dilution formula loading factors, all elements of a wet slip basin classification survey, and the evaluation of all other actual and potential pollution sources and environmental factors having a bearing on shellfish growing area water quality.
Seed- Juvenile shellfish used in aquaculture operations.
Sewage: Human body wastes and/or other wastes from toilets and other receptacles intended to receive and discharge and/or retain such wastes.
Shellfish: All edible species of oysters, clams, mussels and scallops* either shucked or in the shell, fresh or frozen, whole or in part. The term "shellfish" may be used interchangeably with "shellstock" unless otherwise specified in these Regulations. Some of the common bivalves included in this definition are:
Common Name Scientific Name
Cockle Clinocardium nuttalli
Cardium corbis (Pacific)
Geoduck Panope generosa
Freshwater clam Rangia cuneata
Soft shell clam Mya arenaria
Hard or quahog clam Mercenaria mercenaria
Mercenaria campechiensis
Surf clam Spisula solidissima
Mahogany clam or Ocean quahog Arctica islandica
Gaper or Horse clam Tresus nuttalli
Tresus capax
Razor clam Solen resaceus
Ensis directus (Atlantic)
Solen viridis
Tagelus plebeius
Siliqua patula (Pacific)
Bent-nose clam Macoma nasuta
Pismo clam Tivela stultorum
Butter clam Saxidomus giganteus
Calico clam Macrocallista maculata
Sunray venus Macrocallista nimbosa
Pacific littleneck clam Protothaca tenerrima
Protothaca staminea
Manilla clam Tapes semidecussata
Pacific (Japanese) oyster Crassostrea gigas
Eastern oyster Crassostrea virginica
Olympia or yaquina oyster Ostrea lurida
European oyster Ostrea edulis
Blue or bay mussel Mytilus edulis
Ribbed mussel Geukensia demissa
California sea mussel Mytilus californianus
Green lipped mussel Perna canaliculus
*Scallops are excluded if the final product is the shucked adductor muscle only.
Shellfish Growing Areas (Waters): Naturally-occurring subaqueous or intertidal areas which support or could support live shellfish.
Shellfish Growing Area Classification: A designation which reflects the suitability of an area for shellfish harvesting relating to the fitness of the shellfish therein for human consumption. The following are the classifications that Delaware may use:
Approved" Shellfish Growing Area: An area approved for the harvesting of shellfish for any human food purposes with no seasonal restrictions or conditions.
Seasonally Approved" Shellfish Growing Area: An area where the harvesting of shellfish is allowed conditionally, as per a specified season.
Conditionally Approved" Shellfish Growing Area: An area where the harvesting of shellfish is allowed based on one or more specified conditions.
Prohibited" Shellfish Growing Area: An area where the taking of shellfish is prohibited, except for scientific research purposes with written permission of DNREC.
Shellfish Handler: Any person, persons, or business engaged in the growing, harvesting, buying, treating, packing, selling, shipping or other processing of shellfish.
Shellfish Handling: Any manual, mechanical, chemical manipulation or alteration of shellfish relating to its growing, harvesting, buying, treating, packing, selling, shipping, or other processing.
Shellfish Harvester (Catcher, Taker, Tonger, etc.): A person who removes shellfish from any waters by any means for any purpose.
Shellfish Harvesting (Catching, Taking, Tonging, Raking, etc.): The removal of shellfish by any means from a shellfish growing area for any purpose.
Shellfish Processing: The process undertaken when shellfish are shipped, reshipped, shucked, frozen, packed, repacked, depurated, or otherwise handled.
Shellstock: Shellfish in the shell.
Shellstock-Shipper (SS): A shellfish dealer/processor which grows, and/or harvests, and/or buys, and sells/ships shellstock.
Shellstock Shipper Tag: A tag required to be affixed by a shellstock shipper, repacker, or shucker-packer, to an individual unit of shellfish (as defined in these Regulations), and meeting specifications contained in Appendix 10.
Shucked Shellfish: Shellfish, whole or in part, from which one or both shells have been removed.
Shucker-Packer (SP): A shellfish dealer/processor which shucks and packs shellfish, and may also act as a SS or RS.
State Shellfish Control Authority (SSCA): The State agency or agencies having legal authority to classify shellfish growing areas and issue permits for the interstate shipment of shellfish in accordance with the provisions of the "NSSP Model Ordinance." Foreign shellfish control authorities having effective agreements with the FDA are considered State Shellfish Control Authorities for the purposes of these Regulations. DNREC is the State Shellfish Control Authority for Delaware.
Transaction Record: Forms used to document each purchase or sale of shellfish at the wholesale level.
Wet Storage: The temporary storage of shellfish intended for marketing in containers or floats in natural bodies of water or in tanks containing natural or synthetic seawater.
Wet Slip: A place in the water where a boat may be docked or otherwise moored to a fixed or floating structure, including but not limited to a dock, pier, mooring or anchorage.
Wet Slip Basin: A natural waterway and/or artificial lagoon and/or demarcated portions thereof containing more than ten wet slips.
3.1 General Regulation Specifications:
3.1.1 DNREC Authority: These Regulations are adopted under authority ofTitle 7 of the Delaware Annotated Code. These Regulations shall be applied and enforced by DNREC in accordance with the specifications contained herein, and based on the interpretation of satisfactory compliance contained in the latest editions of the "NSSP Model Ordinance." Any person who neglects or fails to comply with any provision of these Regulations shall be subject to penalty.
3.2 Shellfish Growing Area Water Quality, Classification, and Harvesting:
3.2.1 Shellfish Growing Area Water Quality and Classification:
3.2.1.3 DNREC shall classify Delaware's shellfish growing areas on the basis of the following:
3.2.1.6 Seasonally Approved and Conditionally Approved shellfish growing areas shall meet the following bacteriological standards on a seasonal and/or conditional basis depending upon the specifications of the classification/condition(s); and Approved shellfish growing areas shall meet the following bacteriological standards at all times:
3.2.1.6.1 Total coliform geometric mean MPN levels in shellfish growing waters shall not exceed 70 per 100 ml and not more than 10% or 90th percentile of the samples shall exceed an MPN of 230 per 100 ml for a 5-tube decimal dilution test, or an MPN of 330 per 100 ml for a 3-tube decimal dilution test.
AND/OR
3.2.1.7 The standard for the Restricted classification of growing areas for purposes of relay or depuration of the shellfish therein shall meet the following bacteriological standards:
3.2.2 Shellfish Harvesting and Tagging:
3.2.2.1 Shellfish harvesting shall not be allowed in the following areas:
3.2.2.2 Shellfish may be harvested from the following areas under the conditions listed herein and/or in the Appendices:
3.2.2.2.4 Seed may be grown in waters classified as Prohibited and transported to a lease in a shellfish growing area classified as Approved, Conditionally Approved or Seasonally Approved as long as the seed is removed from waters classified as Prohibited before the maximum seed size is exceeded.
3.3 Permitting of Shellfish Dealer/Processors:
3.3.1 Permit Issuance Parameters:
3.3.1.1 Applications for permits to operate as shellfish dealer/processors shall be made on permit applications provided by DNREC. The following shellfish handlers shall be required to be permitted/certified by DNREC in order to engage in the procurement and sale of shellfish:
3.3.1.1.5 Shellfish harvesters, engaged in:
3.3.1.1.5.3 Harvesting of shellfish for delivery to a depuration plant and/or for relaying.2
2Persons harvesting shellfish from waters classified as other-than-Approved for delivery to a depuration plant and persons engaged in relaying shall submit operational specifications for said activities to DNREC prior to commencing operations, and shall have received a permit or written permission from DNREC to harvest shellfish from waters classified as other-than-Approved prior to commencing such operations. Additional permits may be required by the DNREC Division of Fish and Wildlife.
3.3.1.3 Shellfish handlers requiring a permit/certification shall not operate until and unless a permit/certification has been issued by DNREC. Such permits shall expire on the 31st day of March of each year. Permits shall not be transferable. No permit will be issued unless an application is made in writing upon forms supplied by DNREC. Prior to the physical and/or operational alteration of an existing facility and/or prior to initial commencement of shellfish processing operations shellfish dealer/processors shall:
3.3.1.4 DNREC shall have the authority to immediately revoke shellfish dealer/processor permits based on the existence of an eminent health hazard and/or significant and/or chronic non-compliance with these Regulations.
3.3.2 Permit Specifications and Inspection Frequency:
3.3.2.1 The permits listed below shall be issued as interstate shellfish dealer/processor permits, OR intrastate shellfish dealer/processor permits; EXCEPT intrastate shellfish retailer permits which are issued as intrastate permits only. This includes all wholesalers, which shall also apply to harvesters which engage in the activities defined below and elsewhere in these Regulations:
3.4 Shellfish Handling and Shipping Parameters:
3.4.1 Importation/Exportation:
3.4.2 Marketing to the Final Consumer:3
3.4.3 Sale/Shipping Between Shellfish Dealer/Processors.
4.1 HACCP (Hazard Analysis Critical Control Points): All HACCP specifications are contained in Appendix 12 of these Regulations, and consists of the "Fish and Fishery Products Hazards and Controls Guide, and the accompanying "Training Guide."
4.1.2 After December 18, 1996, a representative person from each Delaware shellfish dealer/processor businesses/operation, and which shall include only those shellfish dealer/processors which are listed in the Interstate Certified Shellfish Shippers List, and which fall under HACCP as defined in Section 123.3 (k) (1) of the Federal law mandating HACCP, as interpreted by DNREC, shall be required to:
4.2 General Sanitation:
4.2.3 Adulterated Product: Shellfish shall not be adulterated. Shellfish shall be considered to be adulterated if they contain poisonous or deleterious substances, and/or based on the following criteria:
4.3 Harvesting of Shellfish:
4.3.2 Waste Disposal:
4.3.3 Shellstock Contact Surfaces:
4.3.3.2 Shellstock contact surfaces shall be kept clean with potable water, or with Approved shellfish growing water, and shall be thoroughly cleaned before they contact the shellstock.
NOTE: Shellstock in this case shall mean only live shellfish still in the shell.
4.3.4 Contamination and Temperature Control: NOTE: Shellstock in this case shall mean only live shellfish still in the shell.
4.4 Post Harvest Handling, Packing, Shipping, and Shucking of Shellfish:
4.4.2 Plant Arrangement:
4.4.3 Vectors:
4.4.4 Non-Food Contact Surfaces:
4.4.5 General Sanitation:
4.4.9 Plumbing and Related Facilities:
4.4.11 Food Contact Surfaces:
4.4.11.1 Materials and Construction:
4.4.11.2 Sanitation and Use:
4.4.12 Records and Shellstock/Shellfish Labeling:
4.4.12.4 Shellfish reshipped or distributed by wholesale dealers shall bear shellfish tags. If the package is reshipped as a unit, remaining unchanged since it was received, the tag shall have sufficient blank space for the reshipper to stamp their reshipper number, state designation, and date of reshipment on the tag.
4.4.13 Shellstock Handling (General):
4.4.14 Temperature Control:
4.4.14.3 Shucked Shellfish:
4.4.16 Wet Storage:
4.4.17 Supervision and Personnel: Supervision shall be adequate to ensure that personnel adhere to the parameters listed below, shellfish are handled/maintained in a sanitary manner, and the premises are maintained in a sanitary manner.
4.5 Depuration of Shellfish: This Section is specific to depuration, and applies to depuration-processors in addition to other applicable portions of Sections III and IV of these Regulations.
4.5.2 Process Specifications:
4.5.3 Process Water Specifications: The process water shall meet the following physical, chemical and microbiological parameters:
4.5.4 Materials Specifications:
4.5.5 Records: In addition to other records required, a record of bacteriological data and other quality assurance related information shall be established and kept for a minimum of two years for each depuration cycle or run. The following shall be maintained for each depuration processor:
4.5.5.3 The pre-certification process verification data and reports that are used to establish the operational specifications;
4.6 Relaying of Shellfish: This Section is specific to shellfish relaying, and applies to depuration-processors in addition to all portions of Sections III and IV of these Regulations.
4.6.1 Relay Specifications:
4.6.2 Relay Water Specifications: Shellfish shall be held in Approved shellfish growing areas for a sufficient period of time under suitable environmental conditions to assure purification. The bacteriological quality of the shellfish after relaying shall be of the same quality as the same species already in the area in which they were placed. The time required for purification will normally be determined by water temperature, salinity, initial quality, and species of shellfish. This period shall be at least 14 consecutive days when environmental conditions are suitable for purification unless shorter periods are demonstrated to be adequate. Aside from standard shellfish harvest standards, relay area water must meet the following criteria:
4.6.3 Records: Written operating procedures containing the following shall be maintained by DNREC in cooperation with the relay operator prior to commencing relaying operations, and shall be followed during relaying operations:
4.6.3.9 All specifications relating to container/cage materials and seals if container/cage relaying.
For further information regarding classification of Delaware's shellfish growing areas, please call (302) 739-9939.
This list ofProhibited shellfish growing areas is recorded at the Delaware Department of Natural Resources and Environmental Control on December 20, 1995. Shellfish harvesting is prohibited in the following areas for any reason at any time:
This list ofApproved shellfish growing areas is recorded at the Delaware Department of Natural Resources and Environmental Control into the public record on December 20, 1995. Shellfish harvesting is allowed in the following areas with no seasonal restriction:
5. Assawoman Bay with the exception of those areas listed in Appendix 1.
NOTE: Please consult Delaware Fish and Game Laws for size and creel limits prior to harvesting shellfish.
For further information regarding classification of Delaware's shellfish growing areas, please call (302) 739-9939.
This list ofSeasonally Approved shellfish growing areas is recorded at the Delaware Department of Natural Resources and Environmental Control into the public record on December 20, 1995. Shellfish harvesting is allowed in the following areas in accordance with Delaware's fish and game laws from December 1 through April 15:
5. The area south of an east-west line running from Pasture Point, to Walter Point. This area is marked by signs and buoys.
NOTE: Please consult Delaware Fish and Game Laws for size and creel limits prior to harvesting shellfish.
Other-Than-Approved Shellfish Water Bacteriological Standards For Depurated Shellfish
The total coliform geometric mean MPN of the water sample results shall not exceed 700 per 100 ml and not more than 10% or 90th percentile of the samples shall exceed an MPN of 2,300 per 100 ml for a 5-tube decimal dilution test (or an MPN of 3,300 per 100 ml for a 3-tube decimal dilution test).
AND/OR
The fecal coliform geometric mean MPN or MF (mTEC) of the water sample results shall not exceed 88 per 100 ml and not more than 10% or 90th percentile of the samples exceed an MPN of 260 per 100 ml for a 5-tube decimal dilution test, or an MPN of 300 per 100 ml for a 3-tube decimal dilution test, or an CFU of 163 per 100 ml for a MF (mTEC) test.
Single Low Periodic Single Samples
Area Single Each Process
Samples Lot
Single High One Sample Duplicate Samples
Area from Each Each Harvest Lot
Harvest in Each Process
Lot Batch
Multiple Variable Periodic At Least One
Area Single, Duplicate Sample
Sample From Each Harvest
Each Each Week
Area Each Process Batch.
Single Samples of
Each Batch, Other
Times, Same Week
Samples of unprocessed shellfish and partially processed shellfish may be taken midway through the depuration cycle and analyzed for the end-point indicator. Such sample results may be used to predict whether the shellfish are acceptable for release. This approach can be used if an appropriate statistical analysis, performed or approved by DNREC, of the samples collected during the process verification study and other historical sample results demonstrates that this is a viable means of determining that the shellfish have been adequately depurated. Each process batch may be released for market only if the end-point fecal coliform criteria indicated in Appendix 6 are met at 24 or 48 hours.
Species Geometric Mean Upper 10%
Soft Clam 50 130
Hard Clam 20 70
Surf clam 20 70
Oyster 20 70
No. of Shellfish Geometric Mean One Sample No Sample
Samples Species Not to Exceed May Exceed To Exceed
1 S.C. - - 170
O., H.C - - 100
2 S.C 125 - 170
O., H.C. 75 - 100
3 S.C. 110 - 170
O., H.C. 45 - 100
5 S.C. 50 100 170
O., H.C. 20 45 100
10 S.C. 50 130 170
O., H.C. 20 70 100
S.C. = Soft Clam; O. = Oyster; H.C. = Hard Clam
Satisfactory Unsatisfactory F.C. Unsatisfactory A.P.C.
NAI* (If one or both If one or both
samples exceed an samples exceed a
MPN of 230 ) count of 500,000/g)
Analyze for E. coli Notify shipper State.
(APHA method).
* no action indicated Satisfactory Unsatisfactory
**state shellfish (If one or both samples exceed
regulatory agency NAI* an MPN of 230)
2. Receiving dealer must notify the SSRA**
of next shipment from same shipper
3. SSRA samples next shipment
Second shipment from same shipper
Determine conditions of shipment
Satisfactory Unsatisfactory
(Analyze five (5) random shellstock (Go to PAGE APA-7 for shucked samples for F.C.
and A.P.C.) further guidance)
Satisfactory Unsatisfactory F.C. Unsatisfactory A.P.C.
NAI* (If any sample exceeds (If any sample exceeds
an MPN of 330 or 2 or 1,5000,000/g or 3 or
more out of 5 exceed more out of 5 exceed
230 but are less than 500,000g but are less
or equal to an MPN of than or equal to
330) 1,5000,000/g)
Analyze for E. coli Shipper state should be
notified for investigative and
corrective action
Satisfactory Unsatisfactory
NAI* (If any sample exceeds an MPN
of 330 or 2 or more out of 5
exceed 230 but are less than or
equal to 330)
Emergency shellfish harvest closure or the rescinding of emergency closure of shellfish growing areas shall be rendered by DNREC, must by law be issued by the Secretary of DNREC, and should entail consultation with the Division of Water Resources Shellfish and Recreational Water Branch Manager, the Division of Air and Waste Management, the Division of Fish and Wildlife, the Division of Parks and Recreation.
Shellfish shall not be in contact with fresh or salt water (during processing) after leaving the shucker, including the time of washing, rinsing, and any other contact with fresh or salt water, for more than 30 minutes; unless such shellfish are labeled as to identify water as an ingredient.
Harvester Tag Specifications
Tags must be at least 2 5/8" by 5 1/4" and made of durable stock, and must carry the following
information in indelible lettering / numbering:
vii. the shellfish growing area (example: Rehoboth / Indian River Bay, or Delaware Bay),
also including DE (State abbreviation).
Shellfish Shipper Tag Specifications
Tags must be at least 2 5/8" by 5 1/4" and made of durable stock, and must carry the following
information in indelible lettering/numbering:
ii. date of harvest;
iii .depuration cycle number and/or relay lot number, if any;
iv. The identity of the harvest area, including DE State abbreviation, and harvest area name
and/or bed number;
vi. The following statement in bold capitalized type: "THIS TAG IS REQUIRED
TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER
KEPT ON FILE FOR ONE YEAR."
I. Introduction:
In 1988 the ISSC determined that human sewage may be discharged from boats and thereby may pose a human health threat due to consumption of sewage contaminated shellfish. The fecal discharge from one adult person is potentially the pathogenic equivalent to that from hundreds to thousands of people via a sewage treatment plant, depending upon the level of treatment. In 1988 the ISSC adopted the FDA Guideline, "Evaluation of Marinas By State Shellfish Sanitation Control Officials," to be used by the states as a basis for developing and implementing regulations establishing shellfish harvest buffers around wet slip basins associated with marinas and dry stack facilities. This is now NSSP doctrine.
The sewage discharge from boats is unpredictable and not uniformly distributed throughout the water column. Detection of human pathogen indicator bacteria by current methods may not provide sufficient information to properly classify the waters in and around wet slip basins. Therefore, the FDA Guideline requires restrictions on shellfish harvesting in and around wet slip basins based on the theoretical sewage discharge from the basins without regard to levels observed by monitoring.
In addition, precedent exists for the restriction of shellfish harvesting in artificial lagoons based on the poor water quality and/or the concentration of potential pollution sources often found in such lagoons.
Delaware's "Policy to Determine Shellfish Growing Area Classification In and Around Wet Slip Basins and Artificial Lagoons" is based on the FDA Guideline and the precedents established regarding artificial lagoons.
II. Definitions:
A.Artificial Lagoon: A man-made, dead-end waterway, interconnected with another waterway.
B.Average Depth: The average depth of the water at mean low water in a proscribed area.
C.Average Number of People Per Boat: The average number of people occupying each boat
during the daily use of the boats in a specific survey area.
D.Background: The ambient biological, chemical and/or physical conditions of a water body.
E.Best Management Practices (BMPs): Initiatives that in theory reduce the theoretical waste
discharge of a wet slip basin.
F.Charter Boat: A commercial boat hired to perform services for patrons, typically for a flat fee.
G.Commercial Boat: A boat used primarily as a means of making money.
H.Dilution Formula: The following formula used to calculate the area impacted by wet slip
TWDR x 2 e9 FC x # of people/boat x wet slip capacity
shellfish harvest standard
average depth
I.Dilution Formula Loading Factor(Loading Factor): The following components of the dilution formula are loading factors, as follows:
Theoretical Waste Discharge Rate (TWDR).
Two Billion (2 e9) Fecal Coliform Bacteria (FC) per person per day (this is a constant).
Average number of people per boat.
Wet slip capacity.
J.Discharge: Any actual or theoretical release of fecal material, pathogenic microorganisms, poisonous and deleterious substances. This includes the escape, disposal, spillage, leaking, pumping, emitting, pouring, dumping or emptying of such discharges.
K.Dry Stack Facility: A boating facility which stores boats on dry land, including but not limited to: dry stack facilities; boatels; valet storage; pigeon hole storage; and stackominiums. A dry stack facility may have wet slip capacity.
L.Dump Station: A mechanical and/or gravity fed connection to an approved sewage disposal facility used for the purpose of the disposal of human generated waste, such as the sewage from a porta-pottie.
M.Head Boat: A commercial boat hired to perform services for patrons, typically for a fee per patron.
N.Marina: Any water area with a structure (dock, basin, floating dock, etc.) which is utilized for docking or otherwise mooring vessels and is constructed to provide temporary or permanent docking space for more than ten boats. The definition of marina shall include all related ancillary structures and functions such as docks, piers, boat storage areas, boat ramps, anchorages, breakwaters, channels, moorings, basins, boat repair services, boat sales, sales of supplies normally associated with boating such as fuel, bait, and tackle, boat rentals, and parking areas.
O.Marine Head: A toilet or other human waste catchment device with retention and/or discharge capability. A marine head may or may not be an MSD. MSD is the term for a Coast Guard approved marine head.
1.Type I MSD: A device that produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids.
2.Type II MSD: A device that produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter.
NOTE: A marine head and holding tank capable of being discharged into receiving waters and into a pumpout unit is defined here as a Type II MSD.
3.Type III MSD: A device designed for containment of sewage within a holding tank with the capability to discharge only into a pumpout unit (Type III Coast Guard definition without a Y-valve).
4.Porta-potty: A portable, self contained sewage retention device that must be removed from the boat and dumped.
P.Occupancy Rate: The percentage of boats in a wet slip basin that are occupied during the course of a day relative to the total number of occupied slips in the wet slip basin at the time of the collection of this information.
Q.Overnight Use Boat: Any boat used for overnight habitation.
R.Potential Sewage Discharge Rate: The percentage of boats in a wet slip basin with marine heads capable of discharging sewage directly into receiving waters (This excludes only Type III MSDs, as Type III MSD is defined in this policy) relative to the total number of boats surveyed in the wet slip basin at the time of the collection of this information.
S.Pumpout Facility: A mechanical device which is temporarily connected to a boat for the purpose of removing sewage from a marine head holding tank to an approved sewage disposal facility.
T.Sewage: Human body wastes and wastes from toilets and other receptacles intended to receive and/or retain human body wastes.
U.Shellfish Growing Area Standard: The median or geometric mean of Fourteen Fecal Coliform Bacteria (FC) per 100 milliliters (ml) (or the equivalent: 3962 FC/cubic foot) of water must be maintained in shellfish growing water in order to harvest and market shellfish from that water.
V.Theoretical Waste Discharge: Theoretical waste discharge rate multiplied by two billion Fecal Coliform bacteria per person per day multiplied by the average number of people per boatmultiplied by the wet slip capacity.
(TWDR x 2 e9 FC x # of people/boat x wet slip capacity)
W.Theoretical Waste Discharge Rate(TWDR): The potential sewage discharge rate multiplied by the occupancy rate.
X.Wet Slip: A place in the water where a boat may be docked or otherwise moored to a fixed or floating structure, including but not limited to a dock, pier, mooring or anchorage.
Y.Wet Slip Basin: A natural waterway and/or artificial lagoon and/or portions thereof containing more than ten wet slips. A wet slip basin may be associated with a marina and/or with a dry stack facility.*
*An exception shall be made to the >10 boat qualifier if the theoretical waste discharge and/or the potential for waste discharge in the basin is determined by the DNREC to be great enough to require restrictions on shellfish harvesting in or adjacent to and in the basin.
Z.Wet Slip Basin Classification: A determination as to the type of wet slip basin. Differentiation as to wet slip basin type based on the parameters listed reflects variation in the theoretical waste discharge. The types of wet slip basins are as follows:
1.Commercial Wet Slip Basin: A wet slip basin which has a significant number of commercial boats.
2.Overnight Use Wet Slip Basin: A wet slip basin which has a significant number of overnight use boats.
3.Residential Wet Slip Basin: A wet slip basin which has primarily non-commercial boats, most of which are less than or equal to 28' and which serves a planned residential community and/or any general residential population(s).
AA.Wet Slip Basin Classification Survey: The collection of the verified information required for classification of a wet slip basin.
AB.Wet Slip Capacity: The total number of wet slips in a wet slip basin.
AC.Work Boat: A boat used primarily for commercial purposes such as the harvesting of marine life for profit, dredging or police work, etc.
III. Policy Specifications:
A. General Policy Specifications:
This policy defines the restrictions on shellfish harvesting in and around wet slip basins associated with marinas and dry stack facilities and also in artificial lagoons.
2. Wet Slip Basins and Adjacent Areas:
All wet slip basins located in or adjacent to shellfish growing areas shall be classified as Prohibited for the harvesting of shellfish. DNREC shall classify shellfish growing areas or portions thereof adjacent to wet slip basins as other-than-Approved as determined on a volumetric basis. The size of the shellfish growing area(s), or portions thereof classified on the basis of the presence of wet slip basins, shall correspond to the volume of water required for dilution of the theoretical waste discharge from the wet slip basins as determined by the application of dilution formula loading factors. The area required for dilution shall be determined by performing the dilution formula calculations. Dilution formula loading factors shall be collected during sanitary surveys and/or wet slip basin classification surveys. The size and configuration of the shellfish growing area(s), or portions thereof classified based on the theoretical waste discharge from wet slip basins, shall be reevaluated and if necessary adjusted on a regular basis using the best available information. When reliable mean low water depths are not available actual field measurements shall be taken as a basis for determining available dilution volume. DNREC shall determine cumulative wet slip capacity of individual wet slip basins and/or the sum of more than one wet slip basin irrespective of demarcations that may arbitrarily and/or artificially reduce, eliminate or otherwise alter the theoretical waste discharge(s) of the wet slip basin(s). Therefore, DNREC will establish wet slip basin demarcations based on, but not limited to:
common ownership and/or management and/or operation;
sharing common waterways such as an entrance channel; and
being part of a common development plan.
2. Wet Slip Basin Classification Surveys:
A wet slip basin classification survey may be performed based on written information and/ or by direct observation of the facility. This allows the classification of both proposed and existing wet slip basins. The minimum information required to constitute a valid wet slip basin classification survey of an existing or proposed marina and/or dry stack facility shall be as listed below.
facility name;
owner or applicant name, address and phone number;
specific facility location narrative and drawing showing the location, dimensions and configuration of the facility;
average depths and areas of the wet slip basin and entry and/or flushing channels;
a breakdown of the size range and numbers of proposed wet slips, (transient and non-transient) and/or dry stack capacity;
size range and types of boats to be accommodated including the presence of commercial boats and/or overnight use boats;
general population served by the facility; for example, residential population of a single community or general residential population or commercial clients, etc;
types of MSDs to be allowed;
best management practices (BMPs) employed, including, but not limited to those listed in section III. D. Best Management Practices;
available hydrographic information; and
any other information that the owner or applicant wishes to submit.
2. Existing Loading Factors:
iii. 6.5% theoretical waste discharge rate
b.Residential Wet Slip Basin Minimum Loading Factors (Adequate BMPs Employed by Marina)
iii. 4% theoretical waste discharge rate
c.Minimum Loading Factors for Wet Slip Basins (Only the Wet Slip Capacityis Known)
Loading factors derived from a wet slip basin classification survey shall be no smaller than the following:
a.Residential Wet Slip Basin Minimum Loading Factors (Inadequate or No BMPs Employed)
a. Average Number of People Per Boat:
Within a specific survey area, the average number of people per boat shall be determined by counting the number of people in all boats surveyed, and dividing this number by the number of boats surveyed.
6.5 % of all boats < 25'; or the percentage of boats < 25' with cabins, relative to the total number of boats < 25' surveyed, which ever number is greater; and
80% of all boats > 25' or the percentage of boats > 25' with cabins, relative to the total number of boats > 25' surveyed, which ever number is greater
c. Occupancy Rate:
Occupancy rates shall be determined by counting the total number of boats in a wet slip basin that are occupied by a person or persons during the course of a day as a percentage of the total number of wet slips which contain boats sometime during a 24 hour period immediately before or after and inclusive of the time period during which the occupancy rate information was gathered. The aforementioned portion of the 24 hour time period before or after the data collection time period shall be during a time period reflective of peak use of the facility.
d. Theoretical Waste Discharge Rate (TWDR):
The TWDR is determined by multiplying the potential sewage discharge rate by the occupancy rate.
D. Best Management Practices (BMPs):
The TWDR may be adjusted (within the parameters listed in this policy) if BMPs are employed and the marina or dry stack facility only contains boats with Type III MSDs (as Type III MSD is defined in this policy). The following are initiatives that will be given consideration as BMPs by DNREC:
the presence, availability and documented use of pumpout facilities and/or dump stations;
the presence and documented and proven use of dye tablets in MSD holding tanks;
the use of written legal agreements prohibiting the discharge of sewage and which provide substantial penalties for the discharge of sewage;
the use of written legal agreements permitting only boats with Type III MSDs or Type II MSDs with holding tanks capable of being discharged into a pumpout unit;
the use of a harbor master or the equivalent to monitor activities in the marina, such as the illicit discharge of sewage from boats;
the keeping of accurate records; and
the adherence to the seasonal time frame (October 15 through March 15) for the adequate removal boats to allow depuration and the seasonal harvest of shellfish.
NOTE: Other means utilized for the purpose of reducing theoretical waste discharge may be given consideration as BMPs on a case by case basis. Not all BMPs listed are required to be employed to allow the default to the smaller loading factors. The smaller loading factors shall be applied on a case by case basis.
b. Dilution formula loading factors shall be applied assuming hypothetical zero FC background water. Shellfish growing areas or portions thereof impacted on the basis of the theoretical waste discharge from wet slip basins shall correspond to the volume of water required for dilution of the theoretical waste discharge from wet slip basins to the shellfish growing area standard. The volume of water in wet slip basins is available for dilution and therefore shall be included in the required dilution area.
c Reclassification of the shellfish growing area or portions thereof beyond a wet slip basin shall not be required if the wet slip basin is large enough for adequate dilution of the theoretical waste discharge produced by the wet slip basin.
2. Shellfish Growing Area Configuration:
The boundary lines associated with shellfish growing areas or portions thereof impacted on the basis of the theoretical waste discharge from wet slip basins shall be straight lines established between imaginary points and/or fixed landmarks and marked by buoys and/or signs. These straight lines shall encompass at least the area determined to be impacted based on: the volume of water required for the dilution of the theoretical waste discharge from the wet slip basin(s) to the shellfish growing area standard; and the configuration of the area impacted based on available hydrographic data* and/or by superimposing an arc as measured from the marina entrance channel(s) onto a map, encompassing the area required for dilution. The area determined to be impacted by wet slip basins shall be superimposed over existing shellfish growing areas that are not classified on the basis of the theoretical waste discharge from wet slip basins. However, there shall be no overlap of the required wet slip basin dilution areas regardless of the shellfish growing area classification.
*Only hydrographic data approved by the FDA for use in the determination of the theoretical impact of wet slip basins shall be used when shellfish growing areas specifications are determined.
i. Seasonally Approved Classification:
A shellfish growing area or portions thereof (excluding the wet slip basin) impacted by the theoretical waste discharge from a wet slip basin may be classified as "Seasonally Approved" for the harvesting of shellfish, thereby allowing the harvesting of shellfish during a proscribed seasonal time period to correspond historically to the seasonal removal (+ a two-week depuration period), and the subsequent seasonal reintroduction of boats into the basin.
A residential wet slip basin may be declared seasonally vacant by DNREC when all but ten or less boats remain in the wet slip basin, and are to remain out of the basin for the time period (including the depuration period) during which the harvest of shellfish is allowed; OR a residential wet slip basin may be declared seasonally vacant by DNREC if enough dilution volume exists in the basin to accommodate the remaining boats in the basin without requiring additional dilution volume outside of the basin to adequately dilute theoretical loading from the basin.
A wet slip basin not classified as "Residential" may be considered seasonally vacant after an adequate number of boats, as determined by DNREC, are removed from the wet slip basin and are to remain out of the marina for the time period (including the depuration period) during which the harvest of shellfish is allowed.
ii. Conditionally Approved Classification:
DNREC may allow the harvest of shellfish on a seasonal basis in areas determined to be impacted by a wet slip basin, as per pre-established condition(s) which may include seasonal removal of boats from the wet slip basin(s).
iii. Prohibited Classification:
A shellfish growing area or portions thereof determined to be impacted by the theoretical waste discharge from a wet slip basin shall be classified as "Prohibited" if it is determined by the DNREC that a public health threat could result by classifying the area as other than Prohibited.
IV. Examples and Specifications:
6.5 % x 2 e9 FC x 3.3 people/boat x 102 slips
3962 FC/cubic foot of dilution water
5'
= 2,208,884 sq ft = area required for dilution
102 slips @ 18' x 30' each = 55,080 sq ft = area representing volume in marina at 5' average depth available for dilution
2,208,84 sq ft - 55,080 sq ft = 2,153,804 sq ft = area required for dilution beyond the marina basin
1/2 circle radius =* 2,153,804 sq ft x 2
* Pi
=* 4,307,608 sq ft = * 1,371,154.2 = 1170'
* Pi
Example 1-A. The entire impacted area, as determined by superimposition of an arc based on the theoretical waste discharge from the marina, is within a currently classified Prohibited area. Therefore, no change in shellfish growing area classification for the impacted area is required.
Existing Existing Existing
Approved Approved/Prohibited Prohibited
Area Boundary Area
Proposed 2,153,804 sq ft Superimposed
Seasonally Approved area Arc
(area of 1/2 circle)
Project name: Little Chester Trailer Park & Marina
Applicant information: Recreational Aquatic Profit Entity, Inc.
P.O. Box 666, Washington, D.C. 20002
Project location: Ulva Landing, Indian River Bay
Wet slip basin avg. depth: 5'
Number and size of slips: 102 slips, each slip 18' by 30'
Size and types of boats: Recreational power and sail boats boats to be accommodated:
roughly in the 16' to 25' range
General population served: Private, community residents only
Hydrographic information: None available
BMPs to be employed: One stationary pumpout unit;
Written agreement indicating seasonal removal of boats, as per DNREC Specifications:
Examples 1-A. and 1-B.
Seasonally Approved area size determination is as follows:
TWDR x 2 e9 FC x # of people/boat x wet slip capacity shellfish harvest standard average depth
Marina Basin 102 slips Land
Example 1-B. The portion of the Approved shellfish growing area, (in this case 1/2 the total area required for dilution) as determined by superimposition of an arc based on theoretical waste discharge from the marina, is reclassified as Seasonally Approved. NOTE: Rather than actually enforcing a curved boundary, the boundary shall be a straight line encompassing the required 1,076,902 sq ft Seasonally Approved area. Curved lines are not enforceable.
ExistingExisting Existing
Approved Approved/Prohibited Prohibited
Area Boundary Area
Proposed 1,076,902 sq ft Superimposed
Seasonally Approved area Arc (1/2 area of 1/2 circle)
Proposed Upland
Marina Basin 102 slips Land
Example 2: Two 51 slip Residential Marinas, Inadequate BMPs
Existing Existing Existing
Prohibited Approved/Prohibited Approved
Area Boundary Area
Proposed 2,153,804 sq ft Seasonally Approved area
(1,076,902 sq ft x 2)
(Each marina basin is 27,540 sq ft)
Proposed
51 Marina 51
slipsBasinsslips
NOTE: There is no overlap of dilution areas. The volume of water represented by the shaded area may not be counted for dilution of the theoretical waste discharge from both marinas.
Sales made to the final consumer are not required to be made by certified shellfish dealer/processors. However, all shellfish must at some time be handled by a certified shellfish dealer/processor prior to being sold/transferred to the final consumer.
Sales made to the final consumer are not required to be made by certified shellfish dealer/processors. However, all shellfish must at some time be handled by a certified shellfish dealer/processor prior to being sold/transferred to the final consumer.
Sales made to the final consumer are not required to be made by certified shellfish dealer/processors. However, all shellfish must at some time be handled by a certified shellfish dealer/processor prior to being sold/transferred to the final consumer.