Murphy DEP Enforcement Issues Warnings About Commercial Shellfish Contamination
But They Left Out The Biggest Risk: Bird Flu
Shore Ready For Summer Tourism Season?
Yesterday, in a highly unusual move, the Murphy DEP Enforcement Program issued a "Compliance Advisory" to industry to warn about serious public health risks to commercial shellfish from contamination from roosting birds:
Floating aquaculture gear used primarily for the purpose of growing shellfish has become more common in New Jersey over the past few years. This type of gear can attract birds that roost on floating gear where they invariably leave behind their waste both on the gear and the shellfish themselves. This creates a public health risk when potentially contaminated shellfish are sold for human consumption. There are several different human bacterial pathogens that can be transmitted to shellfish via bird excrement. Examples include Campylobacter, pathogenic E. coli, Salmonella, and others.
The public health warning was not issued to the general public or media, but only to the shellfish industry permit holders (and the few wonky people like me who signed up to receive DEP compliance advisories).
The public has a right to know about these risks and receive these warnings.
I immediately noticed a serious omission: at a time when concern with avian (bird) flu is exploding, the DEP left out bird flu risks!
According to the CDC, bird flu risks to humans are real and growing, commercial agriculture is impacted (cows, milk, poultry), and hundreds of animal species have been infected, not just birds:
As of April 2025, the CDC has reported 70 confirmed and probable human cases of H5N1 avian influenza since the outbreak began in 2024 in the United States (My Note: and one death)
CDC also has warned about exposure to infected animals and the routes of transmission from animals to animal and animals to humans:
Direct and close contact with infected birds or other animals, including visiting a live poultry market, are exposures that have led to people becoming infected with bird flu. People can become infected after exposure to respiratory droplets, saliva, mucous, or feces that contain virus from infected birds or other animals. Human infections can happen when a person touches the virus and then touches their eyes, nose, or mouth.
Repeat: exposure to "feces".
I've previously written about DEP failures to manage bird flu risks, filed OPRA document requests for bird flu data in NJ, including the data collected by DEP, and DEP has gotten very bad press.
Last summer I wrote to DEP Commissioner about all that, see:
So, how could DEP AGAIN ignore bird flu risks, this time around to shellfish from roosting birds?
I immediately notified the DEP enforcement staff contact via email. I expected a quick reply thanking me for catching the error and then correcting the oversight.
What I got stunned me: ignorance and pointing the finger to a Department of Health expert. Here is DEP's reply: (bold mine)
On 06/04/2025 12:09 PM EDT Gentile, Sarah [DEP] <sarah.gentile@dep.nj.gov> wrote:
Bill,
As far as I am aware, bird to human transmission of bird flu is very rare. Instead, my understanding is that bird flu is typically spread bird to bird. I do know that in rare instances people have been infected with bird flu but I think that was after close and direct contact with birds. I am copying a colleague from the New Jersey Department of Health who may be able to speak to this more fully. Virginia, if you have any information to share that would be helpful.
Thanks,
Sarah
I gave DEP the CDC data yesterday but haven't heard back. I doubt I will. But hopefully, DEP will quietly correct and update their Compliance Advisory. And I will write to the Commissioner to urge that DEP and Department of Health issue public health warnings too.
And just when DEP told you it was safe to enjoy the summer at the shore! OOOPS!