Section 250-RICR-40-00-1.9 - Shellfish Culture RequirementsA. Cultured crops exempt from wild stock Regulations: Aquaculturists harvesting their cultured crops, in accordance with their CRMC Assent, DEM Aquaculture license, and operational plan are exempt from the statutory and regulatory harvest restrictions governing wild stocks, including: seasons, catch or bag limits, minimum sizes, quotas, and methods of harvest. In no case may aquaculturists possess, import, transport or offer for sale for human consumption to any person bay quahogs with a hinge width of less than one inch (1"), unless specifically authorized to possess, import, transport, or sell legal quahog seed.B. Shipment and importation of shellfish seed: All shipments of shellfish brought into Rhode Island for aquaculture operations must be approved by the Director or his/her designee and must be labeled or tagged indicating the origin (operator/company name, license number and body of water), date of importation and destination and must be accompanied by a certificate of disease inspection. 1. All persons wishing to import shellfish seed must submit a written request or email to the Aquaculture Coordinator of CRMC at least five (5) working days prior to entry into the State. Such request to be mailed to Coastal Resources Management Council, Stedman Government Center, Suite 3, 4808 Tower Hill Road, Wakefield, RI 02879.2. Prior to shipment, the Aquaculture Coordinator will make a recommendation to the Director whether to approve or deny any request to import shellfish seed and notify DEM Division of Law Enforcement and Agriculture. The Aquaculture Coordinator may seek the advice and consent of the Aquaculture Biosecurity Board in regard to such request to import shellfish seed.C. Only shellfish cultured in approved waters or within an approved land-based system meeting the water quality criteria for harvesting, may be sold for human consumption, and such sales may only be made to licensed Rhode Island dealers. All requirements for handling, tagging, use of shellfish containers, and temperature control, as set forth herein, as well as all other applicable DOH standards, must be adhered to.D. Taking or possession of wild stock shellfish 1. Aquaculturists who also hold a commercial shellfishing or multipurpose license may not take or possess wild stock shellfish while they are in possession of cultured shellfish crops.2. An aquaculturist may not be in possession of wild stock shellfish while visiting their lease or tending their shellfish crops, unless they are a properly licensed shellfish dealer and the wild stock shellfish is properly tagged and being held in or at their dealer facility, buy boat, or wet storage operation.3. The taking or possession of undersized wild stock shellfish is prohibited, except for spat collection within lease boundaries approved by the Director or his/her designee. If authorized, the site, species and amount must be specified by the Director or his/her designee in writing.E. Water quality changes: Water quality and water quality classification of waters within the State as determined by the Office of Water Resources are subject to change due to various environmental conditions. In some cases the aquaculturist shall be required to respond to these changes. DEM shall not assume any liability for any changes in classification and shall assume no liability to the aquaculturist for damages incurred due to such actions.F. Shellfish aquaculture in conditionally approved growing areas: When a shellfish aquaculture lease is located in a conditionally approved area, the aquaculturist is prohibited from visiting the lease to tend the shellfish crops when the area is in a closed status, unless the aquaculturist has received permission from the Director. The harvest of cultured stock from the lease when the growing area is in the closed status is prohibited.G. Transfer of seed from other than approved waters: Shellfish seed cultured in other than approved waters in accordance with a CRMC permit must be transferred by the aquaculturist to an approved aquaculture lease in approved waters in accordance with the approved assent, license, and operational plan prior to the shellfish exceeding the seed size limit. If more than ten percent (10%) of the cultured shellfish within a lot or batch exceed the seed size limit, they shall not be moved from other than approved waters to an approved growing area without prior permission of the DEM Director and the DOH.H. Harvest of shellfish transferred from other than approved waters as seed: An aquaculturist wishing to use seed that have been produced in other than approved waters must describe in the operational plan how he/she intends to track and document the growth and harvest of these shellfish. Aquaculturists must maintain accurate and complete records of all shellfish seed cultured in other than approved waters and removal of such shellfish seed to approved waters including, but not limited to, source, numbers transferred, size composition, time/dates of transfer, harvest and sale of the shellfish. These records must be maintained for a minimum of two (2) years and must be available for inspection by agents of the DOH, DEM, or CRMC upon request. If record keeping and tracking protocols are inadequate, then the aquaculturist must only use seed from approved waters. No shellfish may be harvested until they have spent at least one hundred twenty (120) days in approved waters.250 R.I. Code R. 250-RICR-40-00-1.9
Amended effective 2/4/2021
Amended effective 7/14/2021
Amended effective 8/11/2024