Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 16.00 - Shellfish Sanitation, Harvest, Handling And Management › Section 16.08 - Municipal Contaminated Shellfish Relay and Transplant

Current through Register 1525, July 5, 2024
(1)
Purpose
. The
			 purpose of
			 322
			 CMR 16.08 is to set forth definitions,
			 procedures, and requirements applicable to the harvest, relay and transplant of
			 contaminated shellfish by municipalities from shellfish growing areas
			 classified as Restricted, Conditionally Restricted, or Conditionally Approved
			 in the Closed Status to shellfish growing areas approved by the municipal
			 shellfish department and classified as Approved or Conditionally Approved in
			 the Open Status for natural purification and propagation of shellfish. The
			 provisions of
			 322
			 CMR 16.08 are intended to ensure that
			 contaminated shellfish relay and transplant activities conducted by
			 municipalities are in compliance with the NSSP thereby minimizing the risk of
			 food borne illness to consumers, preventing the diversion of contaminated
			 shellfish into commerce or for personal consumption, and avoiding the spread of
			 veterinary disease.
In addition, as required by St. 2017, c. 47, § 112, the
				Division has established at
				322
				CMR 16.08(6) a fee per
				bushel of contaminated shellfish to be paid by the municipality receiving the
				relayed shellfish to the municipality from whose waters the shellfish were
				harvested. The fee is to be used by the source municipality for its
				administration and enforcement of local shellfish management activities.
(2)
Definitions
. The following definitions apply for the
			 purpose of
			 322
			 CMR 16.08:
Municipal Transplant
means the
				transfer of contaminated shellfish by a municipality from a growing area
				classified as Restricted, Conditionally Restricted or Conditionally Approved in
				the closed status to transplant in a growing area classified as Approved or
				Conditionally Approved in the open status for the purpose of purging the
				contamination in such shellfish.
Municipal Transplant Site
means a site
				identified in a Division-issued Shellfish Relay and Transplant Special Project
				Permit where contaminated shellfish may be transplanted for purging the
				contamination in such shellfish.
Receiving Municipality
means a
				municipality issued a Division Shellfish Relay and Transplant Special Project
				Permit authorizing the harvest, relay or transplant of contaminated shellfish
				into that municipality's local waters.
Relay
means the transfer of any sized
				contaminated shellfish by a municipality from a growing area classified as
				Restricted, Conditionally Restricted or Conditionally Approved in the closed
				status to a growing area classified as Approved or Conditionally Approved for
				the purpose of purging the contamination in such shellfish.
Source Municipality
means a
				municipality which is the source of contaminated shellfish harvested for relay
				by the Division-permitted Receiving Municipality.
Supervising Authority
means a
				shellfish constable duly appointed under authority of M.G.L. c. 130, § 98,
				or a Massachusetts Environmental Police Officer or other enforcement officer
				authorized to enforce M.G.L. c. 130, identified by the Receiving Municipality
				and in the Shellfish Relay and Transplant Special Project Permit to supervise
				the compliance of the harvest, relay or transplant activities in accordance
				with 322 CMR 16.08 and such
				Permit.
(3)
Permit
. No municipality or other person shall harvest,
			 relay or transplant contaminated shellfish for the purposes described in
			 322
			 CMR 16.08 without a Shellfish Relay and
			 Transplant Special Project Permit issued by the Division pursuant to
			 322
			 CMR 7.01(4)(c):
Special Project
. A copy of this permit shall be kept on the
			 person of the Supervising Authority and other personnel during the course of
			 the harvest, relay and transplant activities authorized by the
			 permit.
(4)
General
			 Requirements
.
(a) All
			 contaminated shellfish being transplanted shall be tested by a pathologist
			 approved by the Division, and the results of such testing must show that the
			 shellfish is free of known shellfish diseases or is being harvested from
			 shellfish areas currently approved by the Division.
(b) All contaminated shellfish harvested for
			 relay and transplanting shall be removed from the source shellfish growing
			 area, transported and replanted under the direct supervision of the Supervising
			 Authority.
(c) Prior to the
			 commencement of transplanting operations, signs shall be placed around the
			 perimeter of the transplant site that provide a buffer of a minimum of 50 feet
			 around the transplanted contaminated shellfish. Each sign shall include the
			 following statements in bold capitalized letters:
CLOSED TO SHELLFISHING.
AREA PLANTED WITH CONTAMINATED SHELLFISH.
(d) During the course of the harvest, relay
			 or transplant activities, the Supervising Authority shall collect and hold any
			 commercial shellfish permits of all personnel and vessels involved in any
			 aspect of the harvest, relay or transplanting of contaminated shellfish
			 conducted under the authority of a Shellfish Relay and Transplant Special
			 Project Permit.