Regulation of Shellfish Restoration Projects

The Connecticut Department of Agriculture/Bureau of Aquaculture (DoAg) is the lead agency in charge of shellfish sanitation in the state and operates as part of the National Shellfish Sanitation Program (NSSP). The NSSP is a cooperative program consisting of the state, the Food and Drug Administration (FDA), and industry partners who agree to accept and meet specific responsibilities to ensure the safety of molluscan shellfish. States must be members of the NSSP to ship molluscan shellfish for interstate commerce. The NSSP has regulatory and administrative requirements that must be maintained to ensure that shellfish shipped for interstate commerce meet the minimum NSSP guidelines, which acts as a uniform standard across all member states to protect public health.

A large portion of DoAg staff time involves meeting the NSSP regulatory requirements by assessing all potential and actual pollution sources along Connecticut’s shorelines, and collecting routine water samples. The DoAg conducts sanitary surveys and water quality monitoring to classify shellfish growing areas across the state, and annually evaluates the areas to ensure that the classifications are current. Areas classified as “Prohibited” have restricted use. Only seed oysters (<2.5” length) can be transplanted from prohibited areas and only by licensed shellfish industry members. Direct shellfish harvesting can only occur in areas classified by the DoAg as Approved or Conditionally Approved.

The DoAg will not authorize shellfish restoration projects placing oysters in Prohibited areas. The NSSP requires that member states patrol any area that is closed to direct shellfish harvesting. The DoAg implements all requirements of the NSSP, except for patrol, which is carried out by the CT Department of Energy and Environmental Protection (DEEP). The creation of large populations of oysters through restoration projects in prohibited areas would put additional burdens on the DEEP to increase patrols of the area and could encourage illegal harvesting. Harvesting shellfish in areas that are not certified by DoAg for direct harvest is not only illegal, but also endangers the consumer. 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.

In addition to the regulatory issues, sanctuaries may impact the health of existing oyster populations. Oyster diseases are a significant concern for any established bivalve population. Unintentionally increasing diseases can negatively impact the existing shellfish resource, and consequently the shellfish industry. Learn more about diseases on DoAg’s webpage. Connecticut has several established diseases that have had major impacts in the past. For example, an outbreak of MSX (Haplosporidium nelsoni) in the late 1990s caused statewide oyster mortalities that resulted in decreased oyster populations and harvesting for over 10 years. Another common East Coast oyster pathogen, Dermo (Perkinsus marinus), is a slow acting disease. In Connecticut waters, it typically takes three or more years to result in mortalities. 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. Connecticut is unique in that, unlike in other states, oysters continue to naturally recruit in state designated seed beds. Therefore, the creation of no take sanctuaries could potentially threaten the health of existing, and productive, oyster populations in Connecticut. The MSX outbreak that occurred in Connecticut in 1997 infected both the “adult” and seed oyster populations, highlighting that all life stages and natural recruitment of oysters could be negatively impacted by diseases. The DoAg Shellfish Pathologist continues to monitor disease prevalences and intensities (levels) throughout the state to protect this important resource.

Any proposal to create an oyster sanctuary in Connecticut waters will require a comprehensive analysis and management plan to address the regulatory and disease impacts. Creation of an oyster sanctuary would require significant funds from an applicant to routinely patrol for illegal harvest and monitor for disease. Additionally, the applicant would be required to maintain funds necessary to depopulate and recycle oyster shells from the project area if the DoAg determined that disease levels became too high. The DoAg recognizes the benefits of restoration and could support the usages of other species, for example, the ribbed mussel.  Ribbed mussels are plentiful in many marsh habitats throughout the coastline, provide water filter benefits similar to oysters, while also increasing structure and shoreline stabilization. Since ribbed mussels are not commercially or recreationally harvested in Connecticut, establishing ribbed mussel populations would not require increased patrols by DEEP or disease control measures.