Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 2 - Definitions › Rule 22-1-2.1 - Definitions

Current through June 25, 2024
A. ADEQUATELY ICED -The amount and
				application of the ice is sufficient to ensure that immediate cooling begins
				and continues for all shellfish. If ice slurry is used and the shellfish are
				submerged, the presence of ice in the slurry indicates adequate
				icing.
B. ADULTERATED - Molluscan
				shellfish will be deemed contaminated if any foreign substance has been added
				to, mixed in, or packed with molluscan shellfish to increase its bulk or
				weight, reduce its quality, or make it appear better or of greater
				value.
C. APPROVED AREA - Molluscan
				shellfish growing waters classification used to identify a growing area where
				harvest of shellfish for direct marketing is allowed.
D. APPROVED CULTCH MATERIAL - Materials that
				have been authorized or accepted by the relevant regulatory or governing body
				for use in on-bottom molluscan shellfish cultivation. These materials are
				typically used to provide a suitable substrate or surface for shellfish to
				attach and grow on, such as oyster spat or other natural or synthetic
				materials. A list of suitable materials will be listed in the Molluscan
				Shellfish Growing Waters Operational Plan.
E. AQUACULTURE INTERMEDIATE SIZE SHELLSTOCK -
				Molluscan shellstock which measures 26 mm or more and 50 mm or less in size
				(more than 1 inch and less than 2 inches) from end to end.
F. AQUACULTURE MARKET SIZE SHELLSTOCK -
				Molluscan shellstock which measures 51 mm or more (2 inches or greater) from
				end to end.
G. AQUACULTURE SEED -
				Molluscan shellstock which measures 0 to 25 mm in length (1 inch or less) from
				end to end, used for cultivation in controlled conditions.
H. AUTHORITY - The State shellfish control
				administration or its designated agents, which are responsible for the
				enforcement of all rules and regulations pertaining to molluscan shellfish
				related activities.
I. BASKET
				DREDGE - A type of molluscan shellfish dredge, also known as a "self-dumping
				dredge" that utilizes a rigid framed basket, instead of a flexible rope or
				chain bag, to retain the harvested molluscan shellfish.
J. BULK TAGGING - When a single lot of
				shellstock is sold, multiple containers may be combined on a wrapped pallet or
				other type of containment and the unit tagged with a single tag in accordance
				with the most current version of the NSSP Model Ordinance.
K. CERTIFIED INTERSTATE SHELLFISH SHIPPER -
				An individual, firm or corporation who has been issued a numbered license and
				certification by the MDMR for molluscan shellfish handling and processing. In
				addition, nonresidents who have been issued a license and certification from
				their respective state shellfish control authority are eligible to participate
				in the interstate shipment of molluscan shellfish.
L. CERTIFIED SHELLFISH PLANT - A molluscan
				shellfish facility which possesses a valid shellfish processing plant license
				and certification from the MDMR for shellfish handling and processing. A
				certified shellfish plant is recognized as a Certified Interstate/Intrastate
				Shellfish Shipper. A certified shellfish plant is designated as either a:
				Shellstock Shipper (SS), Shucker- Packer (SP), Repacker (RP) or Reshipper
				(RS).
M. COMMERCIAL MOLLUSCAN
				SHELLFISH AQUACULTURE PERMIT - A permit issued by the MDMR Shellfish Bureau to
				a Mississippi aquaculture harvester. The harvester must have an active
				commercial aquaculture harvesters license. The permit includes endorsements
				allowable for the harvester including grow-out and seed purchases, seed
				nursery, wet storage, intermediate shellstock grow-out, off-site cultivation,
				bulk tagging, and transport of shellstock across state lines. The permit must
				be renewed annually at the start of the calendar year.
N. COMMERCIAL MOLLUSC AN SHELLFISH LEASE
				PERMIT - A permit issued by the MDMR Shellfish Bureau to an active, on-bottom,
				private lease holder. The permit includes endorsements allowable for the
				harvester including harvest of molluscan shellfish and cultch material
				deployment on the lease. The permit must be renewed annually at the start of
				the calendar year.
O. COMMERCIAL
				MOLLUSCAN SHELLSTOCK TRANSPORT PERMIT - A permit issued by the MDMR Shellfish
				Bureau to a Mississippi Certified Dealer and/or Processor for the
				transportation of shellstock by a marine vessel from waters outside of the
				state of Mississippi into the state of Mississippi. The permit must be renewed
				annually at the start of the calendar year.
P. CONDITIONALLY APPROVED AREA - Molluscan
				shellfish growing waters classification that meets the criteria for approved
				classification except under certain environmental conditions such as rainfall
				and river stage. Conditions specific to each area are described in the MDMR
				Shellfish Bureau management plan.
Q. DEPURATION - The process of reducing the
				pathogenic organisms that may be present in shellstock by using a controlled
				aquatic environment as the treatment process.
R. EVENT OF DEFAULT - A circumstance where
				the leaseholder fails to fulfill their contractual obligations or breaches the
				terms and conditions of the "Lease Agreement for Oyster Production".
S. ILLEGAL MOLLUSCAN SHELLFISH - All untagged
				molluscan shellstock, molluscan shellfish obtained from uncertified shops or
				dealers or from an unlicensed harvester, molluscan shellstock obtained from
				waters not declared safe and sanitary by the MDMR and offered for sale or sold,
				and shucked molluscan shellfish obtained from uncertified shops or
				dealers.
T. INTERSTATE COMMERCE -
				The movement of a shipment or service across state or international borders; or
				the intent to continue a movement within a state that originated from another
				state or country.
U. INTRASTATE
				COMMERCE - The movement that originates in a single state, moves in that state
				only and delivers in that originating state.
V. ISLANDS - All islands in the territorial
				waters of the State of Mississippi, which include, but are not limited to:
				Petit Bois, Horn, Ship, Cat, Round and Deer Islands.
W. LANDED - The point at which shellstock is
				put on land or a dock.
X. MARINA -
				Any water area with a structure (docks, basin, floating docks, etc.) which is
				used for docking and constructed to provide temporary or permanent docking
				space for more than ten (10) boats.
Y. MISBRANDED - Molluscan shellfish labeled
				with false or misleading information in any way or with a missing
				label.
Z. MOLLUSCAN SHELLFISH - All
				bivalve species of oysters, clams, mussels, or scallops in the shell, shucked,
				fresh, frozen or in part.
AA.
				OFF-BOTTOM AQUACULTURE - Molluscan shellfish aquaculture operations in marine
				waters that utilize the water column or do not otherwise fall within the
				definition of on-bottom aquaculture.
BB. ON-BOTTOM AQUACULTURE - Molluscan
				shellfish aquaculture operations in marine waters that use natural shell, spat
				on shell, or other approved cultch material deployed on the water bottoms,
				without employing racks, cages, or other containers or support
				structures.
CC. ON-BOTTOM PROPERTY
				CLASSIFICATIONS - The categorization or classification of submerged lands or
				water bottoms that are suitable for leasing or cultivating molluscan shellfish.
				As of July 1, 2023, the classifications are as follows:
1. Class I - Substantial Shellfish
				Resource/Recently Improved Bottoms
2. Class II - Minimal Shellfish
				Resource/Improved Bottoms
3. Class
				III - No Resource/Unimproved Bottoms