FDA Annual Program Evaluation Report Notes

FDA Annual Program Evaluations
FY 2009
Processing and shipment element did not meet all of the program requirements
established by the Interstate Shellfish Sanitation Conference (ISSC) under the National
Shellfish Sanitation Program (NSSP) during the last complete evaluation in 2008:
o inspection frequency requirements for Certified Shellfish Dealers were not met
o inadequate enforcement staffing at Shellfish Dealers
Control of Harvest (Shellfish Patrol) element not conforming to the requirements as
stipulated in the NSSP Model Ordinance (MO):
o overall patrol frequency levels did not meet minimum NSSP guidance for the
number of Patrols in Prohibited, Restricted or Closed status areas
o insufficient staffing
o need larger more sea-worthy Patrol vessel
Identified scientific and gardening projects as “an emerging issue”
FY 2010
Processing and Shipping Element is now in substantial conformance for inspection
frequency as well as the enforcement of the Vp Control Plan
Still not in compliance with Control of Harvest (patrols) although “almost” in compliance
due to new staff as promised; still no vessel as promised
FDA recommended control of human discharge from harvesters’ boats since there are
no regulations in place to require Marine Sanitation Devices or other waste containment
systems on harvest vessels
Increased demand put on DEP from gardening projects and downgraded areas
Gardening is “emerging issue”-DEP is drafting policy
FY 2011
Control of harvest (patrols) “substantial compliance”, although still no new boat and
need more staff
Still no control of human discharge off harvest vessels
FY 2012
Substantial compliance with control of harvest (patrols)
Still no larger vessel
Still no regulations addressing human discharge off harvest vessels
Per NJDEP Shellfish Aquaculture Regulatory Workshop 10/8/14:
Gary Wolf: NJ has been in 100% compliance since 2013
DEP does patrol W. Raritan Bay, either by land or water, 16 times/month
FDA never said state police or marine can’t do enforcement
FDA had nothing to do with Keyport removal; they only care about State’s compliance
Capt. Fresco: currently patrolling the required 16x/month is RB, Shrewsbury River,
IF DEP IS CURRENTLY PATROLLING THE MAXIMUM, WHY CAN WE NOT DO RESEARCH,
RESTORATION, AND EDUCATION PROJECTS IN THESE WATERS?
Per DEP Meeting 1/5/15
New Shellfish Rules are result of 2014 FDA Audit where NJDEP was found to be out of
compliance in the following:
o Aquaculture permit-NJ has no permit for aquaculture although the ISCC requires
one
o Model ordinance is not in DEP rules, which is also required.
Dominic Fresco: Enforcement will not be in compliance in 2015 due to losing 2
enforcement officers