Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 115 - VIBRIO PARAHAEMOLYTICUS CONTROL PLAN › Section 188-115-04 - General Requirements

Current through 2024-29, July 17, 2024
A.
Deterioration and Decomposition
. Harvesters shall not allow
				shellstock to deteriorate or decompose from exposure to high ambient air
				temperatures and shall deliver shellstock to a certified shellfish dealer
				before such deterioration or decomposition occurs.
Certified shellfish dealers and enhanced retail seafood
				  license holders shall not allow shellstock to deteriorate or decompose from
				  exposure to high ambient air temperatures and shall deliver shellstock to a
				  certified shellfish dealer or retail customer before such deterioration or
				  decomposition occurs.
B.
Sales from Home Prohibited
. Notwithstanding the provisions of
				12 MRS
				§6601(2), during the
				control months it is unlawful for harvesters to sell from their homes oysters
				and hard clams that have been taken from the designated control
				areas.
C.
Recreational
				Harvest Prohibited
. It is unlawful to engage in the recreational harvest
				of oysters and hard clams harvested from the designated control areas during
				the control months. Provided, however, that the prohibition against
				recreational harvest shall not apply to those holding a Limited Purpose
				Aquaculture license for shellfish taken from their license site or to towns
				with a municipal shellfish ordinance that issues recreational licenses and
				administers mandatory vibrio education to recreational harvesters prior to
				licensing.
D.
Mandatory
				Training
. All harvesters and certified shellfish dealers who take
				oysters and/or hard clams from the designated control areas or who purchase
				oysters and/or hard clams from harvesters that were taken from the designated
				control areas shall participate in annual, mandatory training provided by the
				DMR. Any harvester or dealer whose product is implicated in an
				epidemiologically linked case of Vibrio illness shall take a refresher training
				provided by DMR.
E.
Mandatory
				Vp Harvest/Purchase Plan By April 1st
. All
				harvesters, certified shellfish dealers
				and enhanced retail seafood license holders who take oysters and/or hard clams,
				buy or wet store oysters and/or hard clams from the designated control areas
				shall submit to DMR a Vp harvest/purchase plan on DMR approved forms. This plan
				must be submitted on or before April 1st annually in
				order to be able to operate during the control months. The harvest/purchase
				plan must be reviewed, amended if necessary, signed and dated by the harvester,
				shellfish dealer or enhanced retail seafood license holder before submission to
				DMR. The DMR will approve or deny the plan within 30 days and notify the
				applicant in writing of their decision. If the plan is denied, the applicant
				will have an opportunity to correct the deficiencies. Harvesters, shellfish
				dealers and enhanced retail seafood license holders may not harvest, buy or wet
				store oysters or hard clams during the control months without a DMR approved
				harvest/purchase plan. The harvest/purchase plan must include;
(1) For Harvesters:
a. Harvest process from time of harvest to
				delivery to a certified shellfish dealer or enhanced retail seafood license
				holder.
b. Cooling processes such
				as resubmergence procedures, shading, wetting, and icing.
c. Product handling and data recording
				including resubmergence times. Details on how lots are identified and kept
				separate depending on their exposure history must be included. An example data
				sheet should be included with the plan.
d. Conveyance methods including how
				shellstock are held and transported from time of harvest to point of sale,
				resubmergence or wet storage.
e.
				Contingency plan if control plan is violated including resubmergence for
				aquaculture lease or permit holders, wet storage by a certified shellfish
				dealer or destruction of shellstock.