Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.02 - Master and Subordinate Digger Permits

Current through Register 1525, July 5, 2024
(1)
Definitions
. For purposes of 322 CMR 7.02 only the
			 following words shall have the following meanings:
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.
Master Digger
means any person
				authorized by the Director pursuant to 322 CMR 7.02 to engage in the harvest,
				possession and transportation of moderately contaminated shellfish.
Moderatelv Contaminated Shellfish
means any shellfish from an area classified as "restricted" and suitable for
				the harvest of shellfish with purification.
Purification
means the process of
				purifying moderately contaminated shellfish at the purification plant operated
				by the Division and located at Plum Island, Newburyport, Massachusetts.
Subordinate Digger
means any person
				authorized by the Director pursuant to 322 CMR 7.02 to harvest and possess
				moderately contaminated shellfish for sale to a master digger only.
(2)
Master Digger
			 Eligibility
. An applicant for a master digger permit shall:
(a) be 18 years of age or older, and, except
			 for renewals, shall present documented proof of birth date in person at the
			 Division office in Boston;
(b) be
			 bonded by a recognized insurance bonding company to assure full faith and
			 compliance with 322 CMR 7.02 and
			 10.00:
Management of
			 Moderately Contaminated Shellfish
,
			 105 CMR
			 500.020:
General
			 Requirements
, 500.021:
Additional Requirements for Handlers of
			 Shellfish
, and 515.000:
Action Levels for Poisonous or
			 Deleterious Substances in Food
, M.G.L. c. 130, §§ 74, 75 and
			 80 and any other conditions or restrictions applicable to the master digger
			 permit. Said bond shall be a surety bond in the sum of $1,000.00 fully executed
			 with an effective term coextensive with that of the master digger permit,
			 generally from January 1st to December
			 31st of each year. Master diggers with one prior
			 judicial or administrative conviction related to the above mentioned statutes
			 and regulations shall be required to obtain a bond in the amount of $2,500.00.
			 Master diggers with two or more prior judicial or administrative sanctions
			 shall be required to obtain a bond in the amount of $5,000.00;
(c) submit a satisfactory annual DPH
			 inspection certificate certifying that the transport vehicle used by the
			 applicant fully complies with appropriate sanitary standards and requirements
			 of the latest revision of part II of the National Shellfish Sanitation Program
			 manual of operations pertaining to the interstate shipment of shellfish;
			 and
(d) submit a signed statement
			 on forms supplied by the Director that the applicant has read, is familiar with
			 and agrees to fully comply with 322 CMR 7.02 and
			 10.00:
Management of
			 Moderately Contaminated Shellfish
,
			 105 CMR
			 500.020:
General
			 Requirements
, 500.021:
Additional Requirements for Handlers of
			 Shellfish
, and 515.000:
Action Levels for Poisonous or
			 Deleterious Substances in Food,
M.G.L. c. 130, §§ 74A, 75
			 and 80 and any other conditions or restrictions applicable to the master digger
			 permit.