Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-95 - Water Quality Classifications and Shellfish Aquaculture

Current through 2024-29, July 17, 2024
A. Compliance
1. Applicability: This section applies to
				those persons who are issued an aquaculture lease pursuant to 12 M.R.S.A.
				§
										6072, §
										6072-A , or §
										6072-B , or a limited-purpose
				aquaculture (LPA) license pursuant to 12 M.R.S.A. §
										6072-C.
2. Water Quality: Water quality at any site
				used for aquaculture shall meet the criteria for the approved, conditionally
				approved, restricted or conditionally restricted classification, except for the
				culture of seed, as described in 2.90(3)(D) and 2.95(A)(4).
Any shellfish harvested pursuant to an aquaculture lease, or
				  permitted site, shall be subjected to relaying or depuration prior to direct
				  marketing if the culture area or facility is located in or using water which is
				  in:
(a) The closed status of the
				conditionally approved classification;
(b) The restricted classification;
				or
(c) The open status of the
				conditionally restricted classification.
Relaying and depuration of shellfish requires a permit
				  pursuant to DMR Regulations Chapter 94.
3. Closed Area compliance: Direct market
				harvest of shellstock is prohibited in areas that are closed due to marine
				biotoxins pursuant to Chapter 96 and bacterial pollution pursuant to Chapter
				95, and in those areas that may be closed by the Department.
4. Seed Shellstock
(a) Seed from growing areas in the prohibited
				classification must be moved to approved, conditionally approved, restricted or
				conditionally restricted growing areas before exceeding the maximum seed size
				as defined below. The length is measured along the longest axis.
i. American oyster (
Crassostrea
				virginica
): 0.5 inch total length
ii. European oyster (
Ostrea
				edulis
): 0.5 inch total length
iii. sea scallop (
Placopectin
				magellanicus
): 1.5 inch total length
iv. bay scallop (
Argopectin
				irradians
): 1 inch total length
v. softshell clam (
Mya
				arenaria
): 0.75 inch total length
vi. hard clam (
Mercenaria
				mercenaria
): 0.75 inch total length
vii. blue mussel (
Mytilus
				edulis
): 0.5 inch total length
viii. razor clam (
Ensis
				directus
): 2 inches total length
ix. Atlantic surf clam (
Spisula
				solidissima
): 0.5 inch total length
x. Arctic surf clam (
Macromeris
				polynyma
): 0.5 inch total length
Seed shellstock for any species not listed in A(4)(a) may not
				  be cultivated in prohibited areas without written approval from the Department.
Aquaculturists growing seed in areas in the prohibited
				  classification must have a Department approved operations plan that includes
				  corrective actions for addressing seed exceeding the maximum size. The approved
				  corrective actions shall be implemented when maximum seed size is exceeded.
				  Failure to implement the approved corrective actions will result in destruction
				  of the seed.
(b)
				Seed for LPAs must meet the requirements of the Health Areas in Chapter
				2.90(3)(D) and 2.05(1)(J).
(c)
				Inspection: The Commissioner and agents may inspect the lease site, seed,
				operations, and business records of individuals cultivating seed in areas in
				the prohibited classification.