Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.10 - Prohibitions

Current through Register 1525, July 5, 2024
In addition to any other prohibition contained in
				322 CMR 10.00, it is
				unlawful:
(1) to harvest, possess,
			 transport, sell or offer to sell any moderately contaminated shellfish unless
			 properly authorized as a master digger, supervisor, transportation agent or
			 subordinate digger pursuant to
			 322 CMR
			 7.02:
Master and Subordinate Digger
			 Permits
.
(2) for a master
			 or subordinate digger to have in possession during his or her moderately
			 contaminated shellfish activities a clean shellfish permit, a shellfish
			 endorsement on his or her commercial fishermen permit or a shellfish
			 transaction card other than a special master digger transaction card.
(3) for the holder of a master or
			 subordinated digger permit to harvest, possess, transport, sell or offer to
			 sell any shellfish from a prohibited area or from any area which are otherwise
			 clean, open and classified as approved by the Division.
(4) for a master digger or duly approved
			 supervisor not to maintain an accurate list of subordinate diggers authorized
			 to harvest moderately contaminated shellfish each day in which harvesting
			 activities take place;
(5) for a
			 supervisor or transportation agent not to carry on his or her person during
			 moderately contaminated shellfishing activities his or her approved
			 authorization form or to fail or refuse to display said form on request of any
			 officer authorized to enforce 322 CMR 10.10;
(6) for a master or subordinate digger to
			 conduct any moderately contaminated shellfish harvesting activities from sunset
			 to ½ hour before sunrise as established by the United States Weather
			 Bureau;
(7) for a master or
			 subordinate digger to leave any moderately contaminated shellfish at any
			 location other than a designated landing site, or at a landing site which is
			 not supervised at all times by the master digger or an agent as provided for in
			 322 CMR 10.03;
(8) for a master or subordinate digger,
			 supervisor or transportation agent to load any moderately contaminated
			 shellfish onto a transport vehicle at any time between hour after sunset to
			 sunrise, as established by the United States Weather Bureau;
(9) for a master digger or transportation
			 agent to delay the transportation of moderately contaminated shellfish to the
			 purification plant, unless authorized to hold-over pursuant to
			 322 CMR
			 10.06;
(10) to hold-over any moderately contaminated
			 shellfish without fully complying with
			 322 CMR
			 10.06;
(11) for a master digger or transportation
			 agent to transport any contaminated shellfish by any method or in any vehicle
			 other than the transport vehicle authorized by the Director for use by the
			 master digger;
(12) for a master
			 digger or transportation agent to transport any contaminated shellfish in
			 anything other than containers or racks approved by the DPH;
(13) for a master digger or a supervisor to
			 fill any container or rack in a manner which is not level with the bottom of
			 the handles with more or less than ½ bushel of moderately contaminated
			 shellfish except as provided for in
			 322 CMR
			 10.04(1);
(14) for a master digger or transportation
			 agent to transport contaminated shellfish which has not been washed or which
			 contains broken or dead shellfish;
(15) for a master digger, transportation
			 agent, supervisor or subordinate digger to wash or clean moderately
			 contaminated shellfish in water from a prohibited or unclassified
			 area;
(16) to transport moderately
			 contaminated shellfish without the master digger or transportation agent
			 present;
(17) to transport any
			 moderately contaminated shellfish which is not accurately identified in writing
			 and physically separated by designated area where harvested;
(18) for a master digger or transportation
			 agent to transport any moderately contaminated shellfish over any route or
			 routes other than those routes designated and authorized by the
			 Director;
(19) to transport any
			 moderately contaminated shellfish in a transport vehicle which contains any
			 other shellfish, either shucked or in the shell, which did not originate from
			 the areas designated on that day as evidenced by entries in the master digger
			 book;
(20) to deposit the master
			 digger book after an entry has been made prior to the transport of the
			 moderately contaminated shellfish in any place other than a secure and clean
			 part of the cargo area wherein the shellfish is located;
(21) to falsify, forge or counterfeit the
			 signature of an environmental police officer or a shellfish constable when the
			 signature is required by
			 322 CMR
			 10.06(2);
(22) to store moderately contaminated
			 shellfish in accordance with an approved hold-over in an area which is not
			 sanitary or secure, or which has a temperature less than 32°F or greater
			 than 50°F or where other clean shellfish is stored.
(23) for a master digger not to maintain
			 complete and accurate records by a medium other than ink, or to falsify any
			 such record, or to dispose of any pages in a master digger book in any manner
			 other than that provided for in
			 322 CMR 10.07;
(24) for a master digger or subordinate
			 digger not to pick up regular mail or sign for certified mail of the Division
			 which is addressed to the master or subordinate digger;
(25) for a master digger to possess any
			 purified shellfish after its release from the purification plant without
			 properly affixing tags, or affixing tags which do not contain all of the
			 requirements of
			 322 CMR
			 10.08(4);
(26) to falsify, forge, counterfeit, alter or
			 steal the Division stamp required by
			 322 CMR
			 10.08(4)(e);
(27) for a master digger or subordinate
			 digger to conduct any moderately contaminated shellfishing activities, to be
			 present at the purification plant, or to be present at or near a restricted
			 area during a suspension of his or her master digger or subordinate digger
			 permit;
(28) for any master digger
			 of his or her agent to discuss or negotiate the sale of any shellfish at the
			 purification plant;
(29) for a
			 subordinate digger to sell any moderately contaminated shellfish to any person
			 other than a master digger;
(30)
			 for a subordinate digger to harvest moderately contaminated shellfish without
			 the permission, authorization and supervision of a master digger or
			 supervisor;
(31) for any person to
			 violate any condition or restriction of:
(a)
			 the master digger permit;
(b) the
			 subordinate digger permit;
(c) the
			 supervisor's authorization form; or
(d) the transportation agent's authorization
			 form;