Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 16.00 - Shellfish Sanitation, Harvest, Handling And Management › Section 16.07 - Vibrio Management Plan for Harvest and Handling of Oysters

Current through Register 1525, July 5, 2024
(1)
Purpose
. The
			 purpose of
			 322
			 CMR 16.07 is to set forth the protocols and
			 performance standards of the
Vibrio
Management Plan for
			 shellfish harvesters and dealers to minimize the risk to consumers of
			 pathogens, including
Vibrio parahaemolyticus
(
Vp
) associated with consumption of raw oysters.
			 322
			 CMR 16.07 applies to commercial fishers and
			 dealers possessing shellstock oysters.
(2)
Definitions
. For
			 the purpose of
			 322
			 CMR 16.05, the following terms hold the
			 following meanings:
Adequately Iced
means the amount and
				methods of applying ice to completely surround all the oysters in a shellfish
				icing container to ensure their immediate and ongoing cooling, as further
				specified at
				322
				CMR 16.07(3).
Adequately Shaded
means the measures
				required to be taken to protect oysters from direct exposures to
				sunlight.
Broadcast Re-submergence
means the
				return of loose, market-sized oysters to the waters of the original licensed
				shellfish aquaculture grant site from which they were harvested following the
				off-site culling and/or oyster culture activities requiring re-submergence,
				specified in
				322
				CMR 16.07(4).
Market Bound Oysters
means all oysters
				removed from a designated shellfish growing area by a commercial fisher
				intended for commercial purposes on that calendar day.
Market Sized Oysters
means those
				oysters that measure at least three inches shell length or 2½ inches
				shell length for those shellfish aquaculturists authorized by the Division
				pursuant
				322
				CMR 6.20(3):
Restrictions on Oysters and Quahogs Raised by Aquaculturists and Sold
				to Dealer
to possess and sell "petit" oysters.
Off-site Culling
means an aquaculture
				practice of temporarily removing shellfish from the licensed shellfish
				aquaculture grant site to a shellfish aquaculturists' permitted off-site
				culling location for the purposes of sorting, grading and cleaning the
				individual shellfish.
Oyster Culture Activities
means
				activities conducted by some shellfish aquaculturists that involve the removal
				of oysters from the waters of the licensed shellfish aquaculture grant site for
				the purposes of sorting, culling, grading, pitting, over-wintering and/or the
				removal of fouling organisms to enhance oyster marketability.
Re-submergence
means the return of
				market size oysters back to the water of the licensed shellfish aquaculture
				grant site from which they were harvested after being previously removed for
				off-site culling and/or oyster culture activities, or after being returned by a
				primary buyer, as a result of recall specified at
				322
				CMR 16.07(4).
Shellfish Icing Container
means a
				conveyance that is smooth, in good condition, is easily cleaned, impervious to
				water, insulated, self-draining, has a tight fitting lid, and a light-colored
				exterior.
Time of Icing
means the time when the
				last oyster or bag of oysters in a harvester's lot is placed in a shellfish
				icing container and is adequately iced in accordance with the procedure at
				322
				CMR 16.07(3).
Vp
Logbook
means the
				Division issued logbook required to be used by all commercial fisher during the
Vp
season to record required icing and re-submergence
				information described at
				322
				CMR 16.07(3) and (4).
Vp
Season
means the
				time period from May 19th through October
				19th when the
Vibrio
Management
				Plan is in effect.
(3)
Commercial Harvester Restrictions
. The following shall
			 apply to all commercial fishers harvesting oysters during the
Vp
season.
(a)
Icing Requirements
.
1.
General Time to
			 Icing
. All commercial fishers shall adequately ice oysters, as
			 defined in
			 322
			 CMR 16.07(2), within two
			 hours of time of harvest or exposure, or prior to leaving the point of landing,
			 whichever occurs first. Oysters must remain adequately iced until received by a
			 wholesale dealer. This requirement shall be waived if the responsibility for
			 icing is taken on by the wholesale dealer at the landing site at primary
			 purchase and the primary purchase occurs within two hours of time of
			 harvest.
2.
Seasonal
			 Time to Icing Requirements for Certain Growing Areas
. From July
			 1st through September
			 15th, all commercial fishers who are harvesting
			 oysters in shellfish growing areas CCB-42, CCB-43, CCB-44, CCB-45, CCB-46,
			 CCB-47 and V-20, shall adequately ice oysters, as defined in
			 322
			 CMR 16.07(2), within one
			 hour of time of harvest or exposure, or prior to leaving the point of landing,
			 whichever occurs first. Oysters must remain adequately iced until received by a
			 wholesale dealer.
3.
Methods for Icing
. To meet the time to icing
			 requirements specified at
			 322
			 CMR 16.07(3)(a), commercial
			 fisher shall place oysters and ice into a shellfish icing container using one
			 of the following methods:
a. Mesh bags
			 containing oysters shall be completely and continuously covered by ice,
			 including at the bottom of the container and each level of bags, so that each
			 bag is continuously and completely covered with ice.
b. Loose oysters placed into a shellfish
			 icing container shall be completely and continuously covered by ice, including
			 at the bottom and sides of the container so that each oyster is completely and
			 continuously covered with ice.
c.
			 Oysters held in an ice and water mixture (
e.g
., ice slurry or
			 cold water dip) shall be fully submerged and the ice and water mixture must be
			 at or below 45EF to inhibit growth and proliferation of bacteria; or
d. All ice and/or water used to cool oysters
			 shall originate from a fresh potable water source or ocean water from an area
			 classified as "Approved" or "Conditionally Approved" by the Division of Marine
			 Fisheries and in the "open status".