13-188-24 Me. Code R. § 10

Current through 2024-38, September 18, 2024

Section 188-24-10 - Permit Issuance Criteria for Shellfish

1. The Commissioner may grant a permit to import for introduction or introduce shellfish, or to possess such shellfish, only if the Commissioner finds to a reasonable degree of certainty that those actions will not endanger the indigenous marine life or its environment.

2. In determining whether to issue a permit the Commissioner shall consider the probable effects of the introduction of the shellfish into the recipient area, including, but not limited to:

A. The effects of any previous introduction of the same or a similar species in Maine or other areas;

B. The relationship of the species of marine organism to be introduced with other members of the recipient area ecosystem; and

C. The potential effects of infectious or contagious diseases, pests or parasites that might be associated with the species of marine organism to be introduced upon other members of the ecosystem of the recipient area.

3. Shellfish from the restricted areas listed in Paragraph D below shall be presumed to carry the infectious diseases, pests or parasites listed in Appendix A, unless an applicant produces sufficient evidence to rebut this presumption. The presumption may be rebutted by pathologic examination satisfactory to the Department or by a demonstration that the shellfish to be imported, introduced, or possessed have been raised in a closed-system hatchery free of the infectious or contagious diseases found in the coastal waters of the restricted area. Shellfish from areas not listed in Paragraph D must meet the requirements of Section 24.05 and demonstrate either that the shellfish do not carry the infectious disease, pests, or parasites listed in Appendix A or that the shellfish have been raised in a closed-system hatchery free from infectious or contagious diseases.

4. The following geographical areas shall be considered restricted areas for the particular species listed:

A.New York. The areas of New York State known as Great South Bay, Micox Bay and Fisher's Island on the north shore of Long Island shall be a restricted area for all species of shellfish;

B.Connecticut. The area of Connecticut known as New Haven Harbor and the federal Milford Hatchery in Milford, Connecticut shall be a restricted area for all species of shellfish;

C.Rhode Island. The area of Rhode Island known as Charlestown Pond shall be a restricted area for all species of shellfish;

D.Massachusetts. The areas of Massachusetts known as Wellfleet Harbor, Cotuit Bay, Oyster River and Wareham River shall be a restricted area for all species of oysters;

E.New Hampshire. The State of New Hampshire shall be a restricted area for all species of oysters;

F.Maine. All coastal waters within the State of Maine shall be a restricted area for European Oysters (Ostrea edulis). All territorial waters in the areas listed below shall be a restricted area for American oysters (Crassostrea virginica) greater than 3 mm in size:

1) Between Ocean Point, Linekin Neck, Boothbay to Pemaquid Point, Bristol

2) North of a line beginning at the southernmost point on Linekin Neck, Boothbay and continuing southwest to the southern tip of Kennebec Point, Georgetown, including the Sheepscot, Back, and Cross Rivers, and all tributaries.

3) East of the Route 127 bridge between Arrowsic and Georgetown (Back River).

4) East of the Route 127 bridge between Sasanoa Point, Woolwich and Preble Point, Arrowsic (Sasanoa River).

5) North of a line beginning at the southernmost point of Oak Island, south of Gun Point, Harpswell and continuing northeast to the southernmost tip of W Cundy Point, Harpswell (Quahog Bay and Ridley Cove).

G.New Jersey. The State of New Jersey shall be a restricted area for American oysters;

H.Delaware, Virginia, North Carolina, South Carolina, Florida and Louisiana. These states shall be a restricted area for American oysters;

I.Maryland. This State shall be a restricted area for American oysters and soft-shell clams;

J.California. The areas of this State known as Mono Bay, Elkhorn Slough, Drakes Estero, Tomales Bay and Humbalt Bay shall be a restricted area for Pacific and European oysters;

K.Washington. The area of this State known as Willapa Bay shall be a restricted area for Pacific oysters and mussels;

L.Canada, British Columbia. The areas of this province known as Henry Bay, Denmon Island, Seal Island, Comax Harbor, Lady Smith Harbor, Crofton, Saltair, Sibell and Nanoose Bays shall be a restricted area for Pacific oysters;

M.Canada, Maritime Provinces. This area of this country shall be a restricted area for American oysters, European oysters, blue mussels and hard-shell clams.

N.Cuba, Venezuela, Mexico and Brazil. These countries shall be restricted areas for all species of oysters;

O.Netherlands and Denmark. These countries shall be restricted areas for European oysters;

P.France. This country shall be a restricted area for all species of oysters;

Q.Japan. This country shall be a restricted area for Pacific oysters;

R.Australia. This country shall be a restricted area for Crossostrea commercialis.

5. The Commissioner may include any permit conditions necessary to protect indigenous marine life or its environment, including, but not limited to, quarantine of broodstock in closed system hatcheries in recipient areas, quarantine of F1 generation individuals in isolation from broodstock and small-scale introduction of F2 generation individuals into recipient areas with continuing disease study.

13-188 C.M.R. ch. 24, § 10