Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 14.00 - Regulation of Aquaculture Products › Section 14.03 - Sale of Aquaculture Reared Shellfish That Do Not Conform to Wild Caught Minimum Sizes

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Aquaculture Reared Minimum Size
. Those
				minimum sizes for aquaculture reared surf clams prescribed at
				322 CMR
				6.08(3)(c):
Surf
				Clam Minimum Size
and aquaculture reared quahogs and oysters and
				322 CMR
				6.20(2)(c):
Oysters
.
Aquaculturist
. Any person authorized
				by the Director to propagate or rear shellfish for commercial purposes under
				the authority of a shellfish propagation permit issued pursuant to
				322 CMR
				7.01(4):
Special
				Permits
.
Commercial Purposes
. The possession of
				any oyster, quahog or soft shelled clam by a commercial fisherman or
				aquaculturist for primary purchase by a dealer acting as a primary
				buyer.
Dealer
. Any person, business or entity
				that is permitted in accordance with
				322 CMR
				7.01(3):
Dealer
				Permits
to purchase and/or sell shellfish at a wholesale or retail
				level.
Oyster
. That species of mollusk known
				as
Crassostrea virginica
.
Primary Buyer
. Any wholesale dealer
				permitted, in accordance with M.G.L. c. 130, § 80 and
				322 CMR
				7.01(3):
Dealer
				Permits
, and further authorized by the Director pursuant to
				322 CMR
				7.07:
Dealers Acting as Primary
				Buyers
, to engage in the primary purchase of shellfish from any
				aquaculturist or their licensed employee.
Primary Purchase
. The first commercial
				transaction by sale, barter or exchange of any shellfish after its
				harvest.
Quahog
or
Hard
				Clam
. That genus of mollusk known as
Mercenaria
				sp
.
Surf Clam
. That species of mollusk
				known as
Arctica islandica
.
Wild Caught Minimum Size
. Those
				minimum sizes for wild caught surf clams prescribed at
				322 CMR
				6.08(3)(c):
Surf
				Clam Minimum Size
and wild caught quahogs and oysters and
				322 CMR
				6.20(2)(a):
Quahogs
and (c):
Oysters
.
(2)
Rules Affecting the Sale of
			 Aquaculture Reared Oysters and Surf Clams That Do Not Conform to Wild Caught
			 Minimum Sizes
.
(a) The primary
			 purchase of aquaculture reared oysters and surf clams that do not conform to
			 the wild caught minimum size for these species must be between the
			 aquaculturist or their licensed employee and a primary buyer.
(b) A primary buyer may only accept
			 aquaculture reared oysters and surf clams from an aquaculturist that do not
			 conform to the wild caught minimum sizes for these species if:
1. The aquaculture reared oysters and surf
			 clams conform to the aquaculture raised minimum size for these species;
			 and
2. Are held in containers with
			 shellfish tags affixed, in accordance with
			 322 CMR
			 16.03:
Tagging of Shellfish
,
			 that additionally include the statement "aquaculture reared" or "farm raised"
			 on the shellfish tag, as required at
			 322 CMR
			 6.20(2)(d)3.
(c) Dealers may receive, possess,
			 offer for sale and sell lawfully harvested aquaculture reared oysters and surf
			 clams that do not conform to Massachusetts' wild caught minimum size, provided:
1. The aquaculture reared oysters and surf
			 clams conform to the aquaculture raised minimum size for these
			 species.
2. All containers with
			 aquaculture raised oysters and surf clams that do not conform to the wild
			 caught minimum size include the statement "aquaculture reared" or "farm raised"
			 on the dealer shellfish tag, as required by
			 105 CMR
			 500.021:
Additional Requirements for
			 Handlers of Shellfish
.
3.
			 All aquaculture reared oysters and surf clams from outside the Commonwealth
			 that do not conform with Massachusetts' wild caught minimum sizes for these
			 species that are being received by Massachusetts' dealers shall conform to the
			 above provisions.
(d)
			 Consumers may purchase and possess aquaculture reared oysters and surf clams
			 that do not conform to the wild caught minimum size, provided they were
			 lawfully harvested and sold in accordance with 322 CMR 14.03.