322 CMR, § 16.05

Current through Register 1538, January 3, 2025

Section 16.05 - Tagging of Shellfish

(1)Requirements to Tag Containers of Market Bound Shellfish. All commercial fisher harvesting shellfish for commercial purposes shall affix a tag with the features and information specified at 322 CMR §16.05(1)(a). to each container of shellfish prior to landing.

(a)Tag Features and Required Information. The tag shall be comprised of durable and waterproof material and at least 13.8 square inches in size and at least 2e inches in height by 51/4 inches in width. The tag shall contain, in order specified, the following information written in indelible ink:

1. The full name of the harvester;

2. The commercial shellfish permit identification number assigned by the Division;

3. The date and time of harvest;

4. The type of shellfish harvested;

5. The quantity of shellfish harvested;

6. The initials of the state of harvest;

7. The most specific alpha-numeric sequence, including any decimals, that describes the shellfish growing area name and number from where the shellfish was harvested;

8. The licensed shellfish aquaculture grant site number, if applicable; and

9. The following statement in bold and capitalized letters:

"THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."

(b)Requirements for Dealers Accepting Shellfish. Dealers accepting shellfish from any person shall ensure that all containers of shellfish are properly tagged as required by 322 CMR 16.05.

(2)Prohibitions. It shall be unlawful for:

(a) Any person to land or transport shellfish for commercial purposes unless each container of such shellfish bears a tag that strictly conforms to the requirements of 322 CMR 16.05;

(b) Any dealer to accept any container of shellfish from any person unless each container of such shellfish bears a tag that strictly conforms to the requirements of 322 CMR 16.05; and

(c) It shall be unlawful for any person to bulk tag shellfish in transport for commercial purposes, except that shellfish aquaculturists who are also wholesale dealers and primary buyers of shellfish may bulk tag shellfish taken from their licensed shellfish aquaculture grant site for transport to their wholesale dealer facility in accordance with a Bulk Tagging Plan approved by the Director.

(3)Exemption. The prohibitions at 322 CMR 16.05(2) shall not apply to containers of shucked bay scallops and sea scallops or to shellfish harvested in accordance with 322 CMR 10.00: Management of Moderately Contaminated Shellfish.

(4) When harvest occurs in an inter-tidal area and time of harvest is accurately recorded as the time when the first piece of shellfish in a lot is exposed during a single low tide cycle, then the time of harvest recorded on the shellfish tag shall not be deemed a violation of the prohibition on nighttime fishing at M.G.L. c. 130, § 68.)