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.
