322 CMR, § 6.38 - Shellfish Landing Restrictions Necessitated by Marine Biotoxins

(1) Purpose and Scope. To protect public health, welfare, and safety, the Director may determine through studies and reports regarding concentration levels of toxic phytoplankton and associated biotoxin levels in certain shellfish species that the harvest of certain species should be restricted. In addition to closures enacted within waters under the jurisdiction of the Commonwealth under authority of M.G.L. c. 130, §§ 74A and 75, the Director may restrict the taking of certain shellfish species and the landing of those products by any vessel registered under the laws of the Commonwealth from areas determined to contain levels of toxic phytoplankton, including waters within the Exclusive Economic Zone, that may place the public health at risk from consumption of shellfish products.

(2) Emergency Closure Areas. The Director shall determine areas where the taking of certain shellfish species and shellfish products and/or the landing of such species and product is prohibited to protect public health.

(3) Prohibited Species and Products. The Director shall determine those species and products for which it shall be prohibited to harvest and/or possess for commercial or recreational purposes within the Commonwealth.

(4) Procedure. These closures and landing prohibitions shall apply to any vessel registered under the laws of the Commonwealth provided that:

(a) a notice has been filed with the Massachusetts Register;

(b) a copy of the notice has been emailed via the Division's email listserve and notice posted on the Division's website; and

(c) said notice contains the rationale for the closure.

After the effective date of the closure the Director shall consider any written comments on the closure from the public or state or federal agency. Based on these comments the Director may alter, amend or rescind the closure pursuant to the procedural requirements of 322 CMR 6.38.

Notes

322 CMR, § 6.38

Amended, Mass Register Issue 1259, eff. 4/25/2014. Amended by Mass Register Issue 1265, eff. 7/18/2014. Amended by Mass Register Issue 1296, eff. 6/5/2015. Amended by Mass Register Issue 1324, eff. 10/21/2016. Amended by Mass Register Issue 1336, eff. 4/7/2017. Amended by Mass Register Issue 1363, eff. 4/20/2018. Amended by Mass Register Issue 1405, eff. 11/29/2019. Amended by Mass Register Issue 1413, eff. 3/20/2020. Amended by Mass Register Issue 1421, eff. 3/20/2020. Amended by Mass Register Issue 1463, eff. 2/18/2022. Amended by Mass Register Issue 1487, eff. 1/20/2023. Amended by Mass Register Issue 1491, eff. 1/20/2023.