322 CMR, § 6.10

Current through Register 1536, December 6, 2024

Section 6.10 - Management of the Asiatic Freshwater Clam (Corbicula Fluminea)

(1)Purpose. Any importation, transportation, or possession of Corbicula fluminea, into or within the geographic boundaries of the Commonwealth of Massachusetts, is deemed to be injurious or potentially injurious to the maintenance, preservation, and/or protection of the marine fisheries resources of the Commonwealth. 322 CMR 6.10 is promulgated to manage the importation, transportation, and possession of Corbicula fluminea into or within Massachusetts so as to minimize the possibility of any such injury.

(2)Definitions. For the purposes of 322 CMR 6.10 the following words shall have the following meanings:

Corbicula Fluminea means that species of shellfish commonly known as the Asiatic freshwater clam.

Importation means to land, bring into, or introduce into, or attempt to land, bring into, or introduce into any place.

Person means any individual, firm, corporation, association, partnership, club, or private body, any one or all, as the context requires.

Possession means detention, control, or manual or ideal custody for any use whatsoever, either as owner, principal or agent, including but not limited to the act or state of possessing, holding, maintaining, handling or touching.

(e) Transportation means to ship, convey, carry or transport by any means whatever, and deliver or receive for such shipment, conveyance, carriage or transportation.

(3)General Restrictions. The importation, possession, and/or transportation by any person of Corbicula fluminea into or within the geographical boundaries or jurisdiction of the Commonwealth of Massachusetts is prohibited.

(4)Penalties. Violation of any provision of 322 CMR 6.10 shall be subject to the penalties set forth in M.G.L. c. 130, §§ 2, 9 and 12.