13- 188 C.M.R. ch. 9, § 07

Current through 2024-25, June 19, 2024

Section 188-9-07 - Shellfish Aquaculture

This section applies to persons who are issued an aquaculture lease pursuant to 12 M.R.S.A. §6072 or § 6072-A, a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C and to persons permitted pursuant to Chapter 24.05.

The following graph summarizes the licensing, certification, record keeping and tagging requirements applicable to persons engaged in shellfish aquaculture in territorial waters.

A.Aquaculture permitting and licensing requirements

Activities	Additional license required	Certification (Chapters 15 & 16)	Record Keeping	Tagging
Nursery	None	No¹	Yes²	None
Personal Use Recreational Use No sale/barter/trade	None	No	Yes³	None
Product raised for human consumption No processing Sold to consumer from residence or to a Maine certified dealer	Harvester⁴	No	Yes⁵	Harvester⁶
Product raised for human consumption Process, sell or ship to other than Maine certified dealers, or in Inter- and Intra State Commerce	Wholesale Seafood⁷	Yes⁸	Yes⁹	Dealer¹⁰

¹ National Shellfish Sanitation Program, Model Ordinance (as of 04-18-03 throughout) (referred to as "Model Ordinance") Chapter VI (A-C)

² Model Ordinance Chapter VI.02(J), DMR Chapter 9.07(D) and Chapter 2.90(E)

³ DMR Chapter 9.07(D) and Chapter 2.90(E)

⁴12 MRSA §6601(2), Model Ordinance Chapter VI.02(B)(2)

⁵ DMR Chapter 9.07(D)

⁶ DMR Chapter 9.06

⁷12 MRSA §6851 and § 6856

⁸12 MRSA §6851, § 6856 and Model Ordinance

⁹ DMR Chapter 15.24

¹⁰ DMR Chapter 15.18-20, Model Ordinance Chapter VI.02(B)(3)

1. In accordance with NSSP Model Ordinance Chapter VI.01 Shellfish Aquaculture, a land based aquaculture facility operator/owner is exempt from being a dealer when nursery shellstock are 6 months or more growing time from market size.

2. Any person who holds an aquaculture lease or LPA and any person who has been issued a permit pursuant to Chapter 24.05, who purchases, possesses, processes, sells, ships, shucks or transports shellfish in any form, other than to a certified dealer or in intra- and interstate commerce, and other than for nursery stock, personal or recreational use, or shellstock sold to consumers from a harvester's residence pursuant to 12 M.R.S.A. §6601, must hold a shellfish sanitation certificate 12 M.R.S.A. §6856.

B.Marine Biotoxins

For any marine biotoxin-producing organism for which criteria have not been established under the National Shellfish Sanitation Program Model Ordinance, either cell counts in the water column or biotoxin meat concentrations may be used by the Department as the criteria for not allowing the harvest of shellstock.

1.Paralytic Shellfish Poisoning (PSP); Diarrhetic Shellfish Poisoning (DSP); Domoic Acid (ASP) and Neurotoxic Shellfish Poisoning (NSP)

When local sampling by the Department indicates PSP, DSP, ASP or NSP toxin is present in the area, or phytoplankton which may cause PSP, DSP, ASP or NSP toxin are found in the area, then analysis for PSP, DSP, ASP or NSP will be required prior to DMR approval for the harvest or sale of shellstock from the lease or LPA site or by persons who are registered or permitted as indicated above. A minimum of twelve (12) shellfish must be submitted by the lease or LPA license holder, registrant or permit holder to the DMR Public Health Division Biotoxin Laboratory, by contacting the Boothbay Harbor facility at (207) 633-9555 or the Lamoine facility at (207) 667-2418, at least five (5) business days prior to anticipated harvest.

Prior to approving the harvest or sale of shellfish from any lease or LPA site, or by a registrant or permit holder, which has submitted shellfish samples to DMR, the DMR may, in its sole discretion, send samples to an accredited analytical laboratory for analysis for PSP, DSP, ASP or NSP toxin.

2.Requirements and procedures

Sample results will be reported to the lease or LPA license holder, registrant or permit holder on a marine biotoxin analysis certificate issued by the DMR Public Health Division.

(a)Monitoring

The cost of monitoring for marine biotoxins, when required under the provisions of this section, shall be paid for by the lease or LPA license holder, registrant or permit holder. When monitoring is required, it must be done prior to the harvest of shellstock from the site for human consumption, or for any other commercial or non-commercial use.

C. Closed Areas

Harvest of shellstock is prohibited in areas that are closed due to bacterial pollution pursuant to Chapter 95. For details about closure lines contact Marine Patrol Division I, west of Port Clyde, Tel. (207) 633-9595 or Marine Patrol Division II, east of Port Clyde, Tel. (207) 667-3373, or telephone the Shellfish Sanitation Hotline at 1-800-232-4733 or on the web at: http://www.maine.gov/dmr/shellfish%20sanitation%20hot%20line.htm. (Chapter 9.01(A))

D.Record keeping

Complete, legible and accurate records of transport, transfer, harvest, and monitoring must be maintained by the lease or LPA license-holder, registrant or permit holder and must be made available for inspection for at least two (2) years. The records must include the:

1. Department's Lease ID, LPA license, registrant or permit holder number, site location, date and data related to marine biotoxin analyses;

2. Source of shellfish, including seed if the seed is from growing areas which are not in the approved classification status pursuant to Chapter 2.90 and/or Chapter 15;

3. Dates of transplanting and harvest;

4. Detailed records of sales;

5. Water source, its treatment method, if necessary, and its quality in land based systems pursuant to Chapter 15.32, 15.33, 15.34 and or 15.35; and

6. Records of the origin and health status of all seed or shellfish stocks reared on the lease or LPA site, or by the registrant or permit holder.

E. Shellfish harvested from the site must be kept in containers that prevent commingling of different harvest lots.

13- 188 C.M.R. ch. 9, § 07