Regulations establishing the basis for classifying waters as to the suitability of the shellfish therein for human consumption, and sanitation during harvest, transportation, and processing of shellfish (molluscan bivalves), as per Interstate Shellfish Sanitation Conference (ISSC) specifications, as administered under the auspices of the U.S. Food and Drug Administration. The proposed changes would open up more shellfish waters to shellfish harvesting, establish an additional shellfish water classification definition, allowing the possibility of additional Approved shellfish harvest waters, and revising references in the Regulations for consistency with the latest iteration of ISSC specifications and protocols. The latter action primarily entails shellfish processing plant sanitation, and is taken under advise from FDA.

Notice of proposed changes and notice of public workshop have been sent to Rick Cole and Jim Graybeal, Division of Fish and Wildlife, to all licensed Delaware shellfish harvesters, and to all Delaware shellfish dealer/processors on the Interstate Certified Shellfish Shipper’s List. A public workshop was held on 3/31/06 at the R. & R. Auditorium. No one from the public showed up.

The Department of Natural Resources and Environmental Control (DNREC) plans to conduct three Public Workshops to review draft Total Maximum Daily Loads (TMDLs) Regulations for nitrogen, phosphorous, and bacteria for the Army Creek, Blackbird Creek, Broadkill River, Cedar Creek, Dragon Run Creek, Leipsic River, Little Creek, Mispillion River, Red Lion Creek, Smyrna River, and St. Jones River Watersheds. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still meet water quality standards. TMDLs are composed of Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS) to account for uncertainties.

Following the Public Workshops and after reviewing comments received during the comment period, Public Hearings will be scheduled to adopt the proposed Total Maximum Daily Loads for these Watersheds. Following adoption of the TMDL Regulations, DNREC will develop Pollution Control Strategies (PCSs) designed to achieve the necessary load reductions. PCSs will identify specific pollution reduction activities and timeframes and will be developed in concert with Tributary Action Teams, other stakeholders, and the public.

Proposed TMDLs for the Blackbird Creek, Leipsic River, Little Creek, Smyrna River, and St. Jones River Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Thursday, May 11, 2006 at the Delaware National Estuarine Research Reserve, 818 Kitts Hummock Road, Dover, DE.

Proposed TMDLs for the Army Creek, Dragon Run Creek, and Red Lion Creek Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Tuesday, May 16, 2006 at DNREC’s Lukens Drive Building, 391 Lukens Drive, New Castle, DE.

Proposed TMDLs for the Broadkill River, Cedar Creek, and Mispillion River Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Thursday, May 18, 2006 at the City of Lewes Public Library, 111 Adams Street at Kings Highway, Lewes, DE.

Draft TMDL Regulations and technical support documents for these watersheds will be available as of Monday, May 1, 2006 on the Department’s website (www.dnrec.delaware.gov) by clicking on “TMDLs” under “Information” or by contacting Hassan Mirsajadi, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464, (302) 739-9939, facsimile: (302) 739-6140, email: (Hassan.Mirsajadi@state.de.us).

The Department has developed these draft regulations pursuant to a federal Consent Decree which requires the establishment of these TMDLs by the end of Calendar Year 2006. In order to comply with the ambitious schedule set by the Court Order, the Department must receive comments as early as possible in the regulatory development process. Hence, the Department is requiring that written comments on the proposed regulations be submitted no later than 4:30 PM, Wednesday, May 31, 2006, in order to be considered. After consideration of the written public comments, the Department, upon public notice, will schedule a Public Hearing.

Please send written comments to Hassan Mirsajadi, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464, (302) 739-9939, facsimile: (302) 739-6140, email: (Hassan.Mirsajadi@state.de.us). All written comments must be received by 4:30 p.m., Wednesday, May 31, 2006. Electronic submission is preferred.