Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION › Section 188-9-01 - Compliance

Current through 2024-29, July 17, 2024
A.
Closed Area compliance
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. For
				  details about closure lines contact Marine Patrol Division I, west of Port
				  Clyde, Tel. (207) 633-9595 or Marine Patrol Division II, east of Port Clyde,
				  Tel. (207) 667-3373, or telephone the Shellfish Sanitation Hotline at
				  1-800-232-4733 or on the web at:
http://www.maine.gov/dmr/shellfish%20sanitation%20hot%20line.htm
.
B. Commingling of shellstock is
				prohibited, except that primary dealers, as defined in Chapter 15.02(65), who
				are authorized by the Department in accordance with Chapter 16.21(C), may
				commingle shellstock.
C.
Harvesters may not conduct wet storage activities
Wet storage of shellstock is prohibited, except by certified
				  dealers pursuant to a current permit issued by the Department in accordance
				  with Chapter 15.
D.
				Harvesters licensed pursuant to
				12 M.R.S.
				§6601, §
									6731,
				§
									6732,
				§
									6745
				and §
									6746
				may sell shellstock the holder has taken only to wholesale seafood license
				holders certified in accordance with § 6856. Exception: a harvester
				license holder may sell shellstock the holder has taken from that license
				holder's home in the retail trade pursuant to § 6601 and to the holder of
				an enhanced retail seafood license pursuant to
				12 M.R.S.
				§6852(2).
E. In cases where a harvester is also a
				certified dealer, until the shellstock harvested by the licensee is sold to a
				wholesale seafood license holder certified under § 6856, the licensee
				shall comply with all harvester laws and rules.
F. Shellstock harvested by a licensed
				shellfish harvester shall be tagged, with the harvester tag pursuant to Chapter
				9.06, at the harvest location (Chapter 9.06(A)) and until the first point of
				sale, to a certified dealer's permanent facility unless otherwise described
				below:
1. Shellstock harvested by persons who
				are issued an aquaculture lease pursuant to
				12 M.R.S.A.
				§6072 or §
										6072-A,
				a limited-purpose aquaculture (LPA) license pursuant to
				12 M.R.S.A.
				§6072-C and persons permitted pursuant
				to Chapter 24.05 who hold a valid shellfish harvester license shall be tagged
				with a harvester tag pursuant to Chapter 9.06.
2. Shellstock harvested by persons who are
				issued an aquaculture lease pursuant to
				 12 M.R.S.A.
				§6072 or §
										6072-A,
				a limited-purpose aquaculture (LPA) license pursuant to
				12 M.R.S.A.
				§6072-C and persons permitted pursuant
				to Chapter 24.05 who hold a valid shellfish harvester license, and which are
				sold to a dealer certified pursuant to § 6856, shall be tagged with a
				harvester tag pursuant to Chapter 9.06;
(a)
				Exception: for mussels, quahogs (includes mahogany quahogs), surf clams and
				oysters at the point of landing pursuant to Chapter 15.18 and 15.19;
				and
3. Shellstock
				harvested by persons who are issued an aquaculture lease pursuant to
				12 M.R.S.A.
				§6072 or §
										6072-A,
				a limited-purpose aquaculture (LPA) license pursuant to
				12 M.R.S.A.
				§6072-C and persons permitted pursuant
				to Chapter 24.05 who hold a valid shellfish harvester license and are certified
				pursuant to
				12
				M.R.S.A. §6856 shall be landed with a
				harvester tag attached pursuant to Chapter 9.06, and such tag shall remain in
				place until the shellstock is processed and ready for shipment, at which point
				the certified dealers tag shall be affixed in accordance with Chapter
				15.18.
4. Shellstock harvested by
				licensed mussel and mahogany quahog draggers shall be tagged with a harvester
				tag pursuant to Chapter 9.06 until the first point of sale at the certified
				dealer's permanent facility unless the dealer affixes the tag at the point of
				sale pursuant to Chapter 15.18 and 15.19.
5. Shellstock harvested by licensed mahogany
				quahog and mussel draggers who are certified pursuant to
				12
				M.R.S.A. §6856 shall be landed with a
				harvester tag pursuant to Chapter 9.06 until product is processed, at which
				point the dealer tag shall be affixed pursuant to Chapter 15.18.