13-188-2 Me. Code R. § 95

Current through 2024-25, June 19, 2024

Section 188-2-95 - Water Quality Classifications and Shellfish Aquaculture

A. Compliance

1. Applicability: This section applies to those persons who are issued an aquaculture lease pursuant to 12 M.R.S.A. § 6072, § 6072-A , or § 6072-B , or a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. § 6072-C.

2. Water Quality: Water quality at any site used for aquaculture shall meet the criteria for the approved, conditionally approved, restricted or conditionally restricted classification, except for the culture of seed, as described in 2.90(3)(D) and 2.95(A)(4).

Any shellfish harvested pursuant to an aquaculture lease, or permitted site, shall be subjected to relaying or depuration prior to direct marketing if the culture area or facility is located in or using water which is in:

(a) The closed status of the conditionally approved classification;

(b) The restricted classification; or

(c) The open status of the conditionally restricted classification.

Relaying and depuration of shellfish requires a permit pursuant to DMR Regulations Chapter 94.

3. Closed Area compliance: Direct market harvest of shellstock is prohibited in areas that are closed due to marine biotoxins pursuant to Chapter 96 and bacterial pollution pursuant to Chapter 95, and in those areas that may be closed by the Department.

4. Seed Shellstock

(a) Seed from growing areas in the prohibited classification must be moved to approved, conditionally approved, restricted or conditionally restricted growing areas before exceeding the maximum seed size as defined below. The length is measured along the longest axis.

i. American oyster (Crassostrea virginica): 0.5 inch total length

ii. European oyster (Ostrea edulis): 0.5 inch total length

iii. sea scallop (Placopectin magellanicus): 1.5 inch total length

iv. bay scallop (Argopectin irradians): 1 inch total length

v. softshell clam (Mya arenaria): 0.75 inch total length

vi. hard clam (Mercenaria mercenaria): 0.75 inch total length

vii. blue mussel (Mytilus edulis): 0.5 inch total length

viii. razor clam (Ensis directus): 2 inches total length

ix. Atlantic surf clam (Spisula solidissima): 0.5 inch total length

x. Arctic surf clam (Macromeris polynyma): 0.5 inch total length

Seed shellstock for any species not listed in A(4)(a) may not be cultivated in prohibited areas without written approval from the Department.

Aquaculturists growing seed in areas in the prohibited classification must have a Department approved operations plan that includes corrective actions for addressing seed exceeding the maximum size. The approved corrective actions shall be implemented when maximum seed size is exceeded. Failure to implement the approved corrective actions will result in destruction of the seed.

(b) Seed for LPAs must meet the requirements of the Health Areas in Chapter 2.90(3)(D) and 2.05(1)(J).

(c) Inspection: The Commissioner and agents may inspect the lease site, seed, operations, and business records of individuals cultivating seed in areas in the prohibited classification.

B. Regulatory testing

1. Contaminant Reduction Studies: for shellfish grown in waters classified as restricted, conditionally restricted and conditionally approved in the closed status, a contaminant reduction study is required in lieu of a mandatory 60-day closure of the receiving site. The contaminant reduction study must be designed by DMR and samples processed in a FDA evaluated shellfish laboratory. If DMR processes the samples for a contaminant reduction study a non-refundable fee of $1000 must be paid upon request of the study.

2. Other Special Studies: it may be necessary to conduct other special studies for aquaculture activities to ensure the safety of the product for the consuming public. DMR may require testing for phytoplankton, biotoxins, Vibrio and other pathogens, parasites or contaminants. These studies must be designed by DMR and completed in a FDA evaluated shellfish laboratory. If DMR processes the samples for a special study a non-refundable fee of $1000 must be paid upon request of the study and annually thereafter if the samples are required on an ongoing basis.

13-188 C.M.R. ch. 2, § 95