Section 250-RICR-40-00-1.12 - Temperature Control of ShellfishA. General requirements: Aquaculturists shall not allow shell stock to deteriorate or decompose from exposure to excessive temperature and shall deliver shell stock to a licensed dealer before such deterioration or decomposition occurs.B. Harvest of oysters and quahogs annually from October 1 through May 31 inclusive: The maximum allowable time between the harvest of shell stock and delivery to a dealer shall be twelve (12) hours. Possession of shell stock by anyone other than a licensed dealer in excess of twelve (12) hours is prohibited. This maximum allowable time may be reduced by DEM, via Emergency Regulation, in certain harvest areas if environmental changes necessitate such adjustment.C. Harvest of oysters and quahogs annually from June 1 through September 30 inclusive:1. All oysters and quahogs harvested shall be transferred to a licensed dealer within five (5) hours of the commencement of harvest.2. All harvested oysters and quahogs shall be subject to shading within 30 minutes of being removed from the water. Shading means to shelter by intercepting the direct rays of the sun to protect the shellfish from heat. Shading may be accomplished by any means that effectively protects the harvested shellfish from direct sunlight and prevents excessive heat build-up in the shaded area.3. All oysters and quahogs that are removed from the water for between four (4) and twelve (12) hours for husbandry purposes must be re-submerged for no less than forty-eight (48) hours before harvest. For oysters and quahogs removed from the water for more than four (4) hours, aquaculturists must maintain accurate and complete records regarding means of shellfish segregation/identification procedures, date re- submerged in water, and date of final harvest.4. All oysters and quahogs that are removed from the water for twelve (12) hours or greater for husbandry purposes must be re-submerged for no less than five (5) days (one hundred twenty (120) hours) before harvest. For oysters and quahogs removed from the water for more than twelve (12) hours, aquaculturists must maintain accurate and complete records regarding means of shellfish segregation/identification procedures, date re-submerged in water, and date of final harvest.5. All oysters and quahogs that are exposed to air drying must be re-submerged for no less five (5) days (one hundred twenty (120) hours) before harvest. For oysters and quahogs exposed to air drying, aquaculturists must maintain accurate and complete records regarding means of shellfish segregation/identification procedures, date re-submerged in water and date of final harvest.6. All oysters and quahogs harvested from a Designated Temperature Control or Thermally Impacted area shall also be harvested in compliance with one (1) of the following requirements:a. Harvesters shall terminate all harvest activities and all harvested oysters and quahogs must be transferred to a dealer or placed in mechanical refrigeration or adequately iced by 11:00 a.m. between the dates of June 1 through September 14 inclusive; and by noon between September 15 through September 30 inclusive. Upon being placed in mechanical refrigeration or adequately iced, oysters must remain under temperature control until transferred to a licensed dealer with such transfer occurring no greater than five (5) hours from the commencement of harvest.b. Oysters and quahogs that are harvested after the times specified in this Section must be delivered to a licensed dealer within two (2) hours of the commencement of harvest; or placed in mechanical refrigeration or adequately iced within two (2) hours of the commencement of harvest until the oysters and quahogs are transferred to a licensed dealer with such transfer occurring no greater than five (5) hours from the commencement of harvest.250 R.I. Code R. 250-RICR-40-00-1.12
Amended effective 2/4/2021
Amended effective 7/14/2021
Amended effective 8/11/2024