Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.01 - Definitions

Current through Register 1525, July 5, 2024
For purposes of
				322 CMR 10.00 only, the
				following words shall have the following meanings:
Approved Area
as used by the Division
				when classifying or reclassifying a shellfish growing area in accordance with
				M.G.L. c. 130, § 74 or 74A means that shellfish may be grown or harvested
				for direct marketing.
Dig
or
Take
(in all of its tenses) means to harvest, dig, take, remove or attempt to
				harvest, dig, take or remove any moderately contaminated shellfish by any
				method or means.
Director
means the Director of the
				Division of Marine Fisheries or his or her designee.
Division
means the Massachusetts
				Division of Marine Fisheries.
DPH
means the Massachusetts
				Department of Public Health, Division of Food and Drugs.
Landing Site
means an area or areas
				designated by the Director as that location where moderately contaminated
				shellfish shall be deposited immediately after harvesting and from which the
				loading of said contaminated shellfish onto a transport vehicle shall take
				place.
Master Digger
means any individual
				authorized by the Director pursuant to
				322 CMR
				7.02:
Master and Subordinate Digger
				Permits
to engage in the harvest, possession,
transportation and sale of moderately contaminate
				shellfish.
Moderately Contaminated Shellfish
means moderately contaminated shellfish harvested from an area which has been
				classified by the Division as "restricted" and has been opened by the Division
				for harvesting by master and subordinate diggers conditioned upon the
				purification of said shellfish at the shellfish purification plant.
Prohibited
as used by the Division
				when classifying or reclassifying a shellfish area in accordance with M.G.L. c.
				130, §§ 74 or 74A means the prohibition of any digging or taking of
				shellfish from the area so classified.
Purification Plant
, or
Depuration Plant
, means the shellfish purification
				plant operated by the Division located at Plum Island, Newburyport,
				Massachusetts.
Rack
means a ½ bushel
				container which may be filled pursuant to
				322 CMR 10.04 with
				moderately contaminated shellfish harvested by each subordinate digger on a
				given day as a condition of the permit.
Subordinate Digger
means any
				individual authorized by the Director pursuant to
				322 CMR
				7.02 to harvest and possess at a landing site
				moderately contaminated shellfish for purposes of sale to a master digger
				only.
Transport Vehicle
means any motor
				vehicle equipped with a separate, fully enclosed mechanically refrigerated
				cargo area not accessable from the cab, approved by DPH as complying with the
				transporting requirements of the National Shellfish Sanitation Program, marked
				in accordance with DPH regulations and authorized by the Director. No more than
				one such vehicle may be approved, authorized and used by a master digger for
				purposes of transporting moderately contaminated shellfish. Exception:
				mechanical refrigeration will not be required prior to July 1,
				1989.