DEM’s Shellfish Regulation Reform Initiative

Shared on Behalf of the RI Department of Environmental Management

DEM’s Shellfish Regulation Reform Initiative

Through May 2014, DEM’s regulations governing marine fisheries had been comprised of twenty-one (21) separate regulations, or “Parts.” Of these, six (6) Parts addressed shellfish, totaling approximately 66 pages. They were:

  • Part IV — Shellfish;
  • Part V — Bay Scallops;
  • Part VI — Dredging for Shellfish;
  • Part VIII — Oyster Regulations;
  • Part IX — Shellfish Buyer’s License – Statutes;
  • Part XVIII — Shellfish Grounds.

Much of the regulatory provisions set forth in these 66 pages involved duplicative language, conflicting and/or inaccurate language, non-regulatory programmatic language, non-prescriptive statutory language, and references to repealed statutory provisions. The regulations were, at best, difficult to read and challenging to understand. To address these issues, DEM launched a regulatory reform initiative aimed at streamlining, correcting, and clarifying all of the marine fisheries regulations, beginning with shellfish. The initiative involved a lot of regulatory revisions, but no substantive regulatory changes.

As it turns out, one of the early recommendations that emerged from the SMP process was to improve the clarity and readability of DEM’s shellfish regulations. The timing was perfect, in that DEM had already launched its regulatory reform initiative, with shellfish as the first phase. The initiative took on enhanced meaning and purpose, thanks to the nudge from the SMP process.

Results: 

On May 8, 2014, DEM completed the regulatory review process for the revised shellfish regulations and filed with the RI Secretary of State final regulatory changes. Highlights of those changes included:

  • Reduction of the shellfish regulations from six (6) separate Parts into one regulatory document addressing all shellfish species (no longer called “Parts”; the single document is now simply called “RIMFR – Shellfish”)
  • Over 60% reduction in number of pages (from 66 to 26 pages)
  • Improved section titles reflecting actual contents of each section
  • Improved table of contents, listing all section titles (prior regulations identified just one section — “Regulations” — covering the entire document, making it impossible for the reader to navigate to a specific topic)
  • Reduction of long sections covering multiple topics into shorter, more concise paragraphs addressing single topics.
  • Removal of non-prescriptive statutory language (prior regulations included all statutory provisions authorizing the Director to enact regulations on various issues; placing such enabling authority into regulations yielded no information of value)
  • Removal of repealed and/or obsolete language;
  • Removal of penalty provisions and specific monetary amounts for violations; replaced with a general penalty and appeal provision (many of the penalties and/or monetary amounts for violations were drawn from obsolete statutes and were thus inaccurate; the authority for assessing penalties for violations of DEM marine fishery regulations lies with DEM’s Division of Law Enforcement , which utilizes a separate set of regulations for the exercise of that authority;
  • Enhance flow, readability, and clarity.

The new, streamlined shellfish regulations can be found on DEM’s Marine Fisheries website here!

New Research on Oyster Aquaculture

Shared on behalf of the East Coast Shellfish Grower’s Association

New research on oyster aquaculture through WHOI Sea Grant, Cape Cod Cooperative Extension and the SE Massachusetts Aquaculture Center.

1) A Comparison of Bottom and Floating Gear for Growing American Oysters (Crassostrea virginica) in Southeastern Massachusetts. Extension studies reveal that oysters grown in floating gear had better growth, survival and condition index compared with bottom cages.

2) Vp in oysters

Diane Murphy did a study where she compared Vibrio levels in oysters that were immediately iced upon harvest vs. those that exposed to ambient temps for 5 hours. Predictably iced oysters had lower counts, but the real take home message for me here was that Vibrio numbers reverted to baseline after 18 hours of resubmergence. So oysters that were exposed for 5 hours and returned to the waters overnight were back to normal by the following morning. This is another study that should help put to rest some of the concerns raised by regulators about shoreside culling and resubmergence.

Click here for more information.

Marine Extension Bulletin Available – Shellfish, Nitrogen and the Health of Our Coastal Waters

This marine extension bulletin serves to summarize the often confusing potential for shellfish to be used as part of a plan to mitigate the effects of excess nutrients in coastal waters. The Cape Cod area in particular is grappling with the potentially enormous costs of reducing the nutrient load to coastal waters and all options are up for discussion. Shellfish are natural inhabitants of coastal waters and through their normal feeding activity are involved in cycling and incorporating nutrients through their food. This bulletin discusses the potential, and also the challenges to using shellfish production as part of a nutrient reduction plan.

Click here for more information.

New Guide to Help Fish, Shellfish and Seaweed Growers Manage Risks

Shared on behalf of Connecticut Sea Grant

GROTON CT—A new 285-page illustrated manual, the Northeastern U.S. Aquaculture Management Guide, has just been published by the U.S. Department of Agriculture Northeastern Regional Aquaculture Center. Edited by Tessa L. Getchis, Connecticut Sea Grant and UConn Extension aquaculture specialist, the manual is a wealth of useful information on potential hazards for those who grow fish, shellfish, and seaweed.  Twenty-five aquaculture extension professionals and many researchers, aquatic animal health professionals and farmers contributed to the information presented in this volume.

Every year, the aquaculture industry experiences economic losses due to diseases, pests, adverse weather, or operational mishaps.  This manual identifies many specific risks to help seafood growers identify, manage and correct production-related problems. The guide also includes monitoring and record-keeping protocols, and a list of aquaculture extension professional contacts who can help when there is a problem.

The publication was made possible by funding from the USDA National Institute of Food and Agriculture Northeastern Regional Aquaculture Center (NRAC) to the Northeast Aquaculture Extension Network. 

It is available for download in PDF format at: http://agresearch.umd.edu/nrac/publications-0

Raising Objections: R.I. Shellfish Farms Face Increasing Opposition

Shared on behalf of 41°N, Rhode Island’s Ocean and Coastal Magazine, a publication of Rhode Island Sea Grant and the Coastal Institute at the University of Rhode Island.

Author – Rudi Hempe

“Perry Raso’s Matunuck Oyster Bar, on the waterfront of South Kingstown’s Potter Pond, is jammed in the summer, and does respectable business year – round, even on a snowy day in January. Raso’s restaurant, however, is only the most visible part of his Matunuck Oyster Farm operation, and his success has not come without challenges in a state that boasts myriad regulatory hurdles amid increasing opposition to the aquaculture industry.”

“Raso’s oyster venture, with well over 100 employees, is considered by many of his peers a sign that aquaculture is flourishing in Rhode Island. But while his diners savor the fresh delectables on their plates, most have no idea what is involved in starting and maintaining an oyster farm in Rhode Island.”

“Raso grew up on the shore, and at age 12 was digging and diving for littlenecks in the salty water of Potter pond. His oyster operation got its start when he was an aquaculture and fisheries student the University of Rhode Island, where he graduated in 2002.”

Check out the full article here!

International Conference on Shellfish Restoration

Shared on behalf of Coastal Science Serving South Carolina

The International Conference on Shellfish Restoration (ICSR) will be held in Charleston, South Carolina in December 2014

Beginning with informative and fun field trips, ICSR will be an interactive 3 days, focused understanding current challenges to restoring shellfish and their habitat and devising partnerships and solutions to help solve some of the most common problems. Shellfish play a huge role in keeping our coastal waters healthy, whether they live on a reef or in a cage, so I hope both restoration and aquaculture scientists, NGOs, community groups, shellfish farmers, and coastal managers will all consider attending. Stay tuned for the Call for Session Abstracts and registration information!

If you have any questions please visit the website here.

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