Shellfish restoration and rehabilitation policy

The Department of Agriculture, Bureau of Aquaculture (DoAg) operates under the guidelines of the FDA National Shellfish Sanitation Program Model Ordinance (NSSP-MO). The program has regulatory and administrative requirements which must be maintained to ensure shellfish shipped interstate meet minimum guidelines to provide uniform public health and safety. A large portion of DoAg staff time is dedicated to conducting shoreline surveys to identify negative public health impacts and collecting water sample data to support those decisions.

Shellfish restoration and enhancement are important because they work towards restoring habitat where shellfish naturally recruit to maximize shellfish production and ecosystem services. Restoration in a blanket term, as there are many different approaches to shellfish restoration, but the main principals are planting clean, dry shell to provide a hard substrate for oyster larvae to settle; collecting shell buried by siltation and replanting it on the bottom surface; and/or adding natural, mature oysters to the area to act as spawners. Connecticut’s Natural Oyster Seed Beds are areas where oysters have historically recruited.

All shellfish restoration and enhancement projects must be reviewed and approved by DoAg prior to starting any work.

Areas classified as Prohibited

• Any area classified as Prohibited for shellfish harvest is very restrictive for cultivation, as shellfish are filter feeders and they compound bacteria, viruses, and poisonous and deleterious substances from the environment. Direct shellfish harvesting can only occur in areas classified by the DoAg as Approved or Conditionally Approved. Shellfish growing areas classified as Approved and Conditionally Approved go through routine scrutiny and testing by DoAg to protect public health; areas not certified for direct harvest do not provide any level of protection.
• Furthermore, the creation of shellfish resources in Prohibited areas requires additional regulatory oversight for patrolling areas to prevent illegal harvesting, as shellfish from prohibited areas could cause illness. Illnesses, even those resulting from the illegal harvest of shellfish, create lasting harm to Connecticut’s commercial shellfish industry. Only seed oysters (<2.5” length) can be removed from prohibited areas, further restricting the use of the areas. Statewide shellfish classifications are available on the Aquaculture Mapping Atlas.
• It is unlikely that the DoAg will permit restoration and enhancement in prohibited areas, unless it is for restoration of designated State Natural Oyster Seed Beds or direct benefit to the shellfish industry.

  
  Impacts to public use

• Enhancement and rehabilitation projects must consider impacts to navigation. For example, a project in shallow waters could prevent recreational boating activity, which creates a user conflict and could additionally encourage illegal harvesting.

  
  Oyster diseases that negatively impact oyster health but do not impact humans and environmental considerations

• An additional concern is the established and known oyster diseases present in CT oysters statewide. There are several significant oyster pathogens in CT, but disease is kept to a minimum through careful management including through removing oysters commercially before the disease becomes advanced and can cause mortality in the population. The Department has a state shellfish pathologist who is monitoring oyster health and informs Industry of areas of concern. Establishing a large population of oysters where they have not naturally occurred may increase local disease pressure, especially after the oysters reach several years past typical commercial harvest size/age.
• As reviewed on the DoAg website (Oyster Clam Diseases), an oyster disease outbreak caused a massive die off event that significantly impacted the population in 1996-1998; oysters did not recover and begin to recruit until 2004. Areas where oysters naturally recruit that have not been recently cultivated may be impacted by silt accumulation that smothers the shell layer and mature oysters. The shell layer is critical, as it provides habitat for the oyster larvae to settle on. Turbidity and excess fine sediment and organic materials are known to inhibit oyster recolonization. Placing hatchery seed or non-native oysters in areas with silt accumulation will produce an unfavorable environment for the oyster. Restoration efforts in areas where oysters are naturally recruiting at low levels should focus on planting cured shell to create habitat for oyster larvae.
• Due to high natural disease prevalence in Connecticut oysters, all restoration project applicants must have a standard operating procedure and allocated funds to collect and submit samples to our office annually. If the state shellfish pathologist determines that disease levels are elevated, DoAg will take the necessary action to depopulate the area, funded by the applicant.
• The DoAg does not support the creation of no-take sanctuaries. Dermo (Perkinsus marinus) is a slow acting disease, and typically takes three or more years to result in mortalities in Connecticut. The shellfish industry is harvesting and selling oysters at or before the age of three, which effectively prevents the disease from causing mortality events and from spreading further. However, Dermo could become a significant infection and cause of death in populations left for several years, which would be the case for oysters residing in no take sanctuaries.

  
  Oyster gardening

• Connecticut is one of the only states where oysters continue to naturally recruit where favorable substrate exists. As a result, there is no need to authorize oyster gardening, especially off of docks, nearshore, or in prohibited waters.
• Oysters are filter feeders and typically consumed raw, which is why there are strict regulations outlined in the NSSP-MO. The DoAg is not routinely testing Prohibited, Restricted Relay, or Conditionally Restricted Relay areas for fecal coliform levels in water quality or shellfish tissue samples, as the DoAg's focus is mainly on Approved and Conditionally Approved (direct harvest) areas. The DoAg comprehensively assesses pollution sources and data in classifying shellfish growing areas; therefore, shellfish in areas not certified for direct harvest pose a public health threat through bacteria, viruses, or poisonous and deleterious substances. The DoAg will not permit consumption of any shellfish from these locations.
• The DoAg will not permit cultivating shellfish on or near docks. This is an additional hazard, as high densities of boats increase the likelihood of poisonous and deleterious substances (like fuel and runoff from washing or working on boats) reaching the water and accumulating in shellfish tissues.
• As previously stated, there are increased patrol requirements when shellfish resources are created in Prohibited areas to deter illegal harvesting.

  
  Permit requirements

• Please be aware that if any aspect of the project involves a structure, cage, or net, a permit will be needed from the CT DEEP and the Army Corps of Engineers. It can take over one year to complete the permitting process. Aquaculture Permit and Guidance