Frequently Asked Questions

Emergency Closures

Why is an emergency closure issued?

  • When there are sudden factors that could affect the safety of individuals consuming molluscan shellfish outside of, or beyond the scope of, routine monitoring by Division of Shellfish Safety staff.  These factors could be virus and bacteria laden sewage released to shellfish waters, harmful algal blooms, or other deleterious substances.

What standards are followed when you issue an Emergency Shellfish Closure?

  • Virginia is a participatory member of the National Shellfish Sanitation Program (NSSP) and adopts the standards outlined in the document NSSP Guide for the Control of Molluscan Shellfish, commonly called the Model Ordinance.  These standards identify when an emergency closure should be issued and what criteria must occur in order to reopen.  For more information click here to be redirected to the Model Ordinance: 2019 Revision and scroll down to page 49 in the document (pdf page 60).
  • Click here for a step-by-step flow chart review of the tasks involved with the issuance of an emergency closure and subsequent reopening.

When will an emergency closure be rescinded (waters reopened) and what water criteria are used to rescind?

  • An emergency closure will automatically end at the conclusion of the closure effective date range.
  • In the instance of a known sewage release, waters are closed by emergency action for 21 days and cannot be reopened early unless oyster meat samples (coliphage testing), obtained seven days following the end of a sewage release, do not exceed 50 MSC per 100 grams.
  • In the instance of floodwaters causing general increases in bacteria from runoff, no sampling can be obtained for seven days and any early reopening cannot occur without two favorable water quality samples.

Is it safe to swim or eat fish or crabs in waters encompassed by an emergency closure?

  • Molluscan shellfish are filter feeders and by their nature require much cleaner water quality.  An emergency closure does not automatically imply it is unsafe to swim or eat finfish or crabs.  Any closure to recreational waters or fishing, etc. would be identified by a separate order.

Hampton Roads Closureclick here for printable fact sheet

Shellfish Condemnations

If the waters are condemned for shellfishing, can I harvest crabs?

  • Yes, while shellfish is used as a term for defining both molluscs (oysters, clams, scallops, etc.) and crustaceans(crabs, lobsters and shrimp), the Division’s Shellfish Closures refer ONLY to restrictions on the harvesting of molluscan shellfish.

If the waters are condemned for shellfishing, can I eat the fish or crabs?

  • Yes, the condemnation only applies to bivalve molluscan shellfish since they may concentrate bacteria and viruses from the water, and since their intestinal tract is often eaten raw.

If the waters are condemned for shellfishing, can I safely swim in the waters?

  • It is safe to swim in most condemned shellfish waters in Virginia. The shellfish standard is much more stringent than the swimming standard. However, there is always a certain degree of risk associated with swimming in any natural body of water.

How can I know for sure whether specific waters are approved for shellfishing?

Certifications

Whom do I contact to become certified?

  • Check with staff from the nearest DSS Field Office to your area for contact information

I wish to sell seafood, and I want to know what I need to do.

Should I have my construction completed before contacting DSS for certification?

  • No.  Prior to doing any construction or modification contact the nearest DSS Field Office to have a preliminary inspection.  This will assure the construction and materials will meet requirements without further modification.