Code of Maine Rules
13 - DEPARTMENT OF MARINE RESOURCES
188 - MARINE RESOURCES - GENERAL
Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION
Section 188-9-01 - Compliance

Universal Citation: 13 ME Code Rules ยง 188-9-01

Current through 2024-13, March 27, 2024

A. Closed Area compliance

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. 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.

B. Commingling of shellstock is prohibited, except that primary dealers, as defined in Chapter 15.02(65), who are authorized by the Department in accordance with Chapter 16.21(C), may commingle shellstock.

C. Harvesters may not conduct wet storage activities

Wet storage of shellstock is prohibited, except by certified dealers pursuant to a current permit issued by the Department in accordance with Chapter 15.

D. Harvesters licensed pursuant to 12 M.R.S. §6601, § 6731, § 6732, § 6745 and § 6746 may sell shellstock the holder has taken only to wholesale seafood license holders certified in accordance with § 6856. Exception: a harvester license holder may sell shellstock the holder has taken from that license holder's home in the retail trade pursuant to § 6601 and to the holder of an enhanced retail seafood license pursuant to 12 M.R.S. §6852(2).

E. In cases where a harvester is also a certified dealer, until the shellstock harvested by the licensee is sold to a wholesale seafood license holder certified under § 6856, the licensee shall comply with all harvester laws and rules.

F. Shellstock harvested by a licensed shellfish harvester shall be tagged, with the harvester tag pursuant to Chapter 9.06, at the harvest location (Chapter 9.06(A)) and until the first point of sale, to a certified dealer's permanent facility unless otherwise described below:

1. Shellstock harvested by 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 persons permitted pursuant to Chapter 24.05 who hold a valid shellfish harvester license shall be tagged with a harvester tag pursuant to Chapter 9.06.

2. Shellstock harvested by 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 persons permitted pursuant to Chapter 24.05 who hold a valid shellfish harvester license, and which are sold to a dealer certified pursuant to § 6856, shall be tagged with a harvester tag pursuant to Chapter 9.06;
(a) Exception: for mussels, quahogs (includes mahogany quahogs), surf clams and oysters at the point of landing pursuant to Chapter 15.18 and 15.19; and

3. Shellstock harvested by 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 persons permitted pursuant to Chapter 24.05 who hold a valid shellfish harvester license and are certified pursuant to 12 M.R.S.A. §6856 shall be landed with a harvester tag attached pursuant to Chapter 9.06, and such tag shall remain in place until the shellstock is processed and ready for shipment, at which point the certified dealers tag shall be affixed in accordance with Chapter 15.18.

4. Shellstock harvested by licensed mussel and mahogany quahog draggers shall be tagged with a harvester tag pursuant to Chapter 9.06 until the first point of sale at the certified dealer's permanent facility unless the dealer affixes the tag at the point of sale pursuant to Chapter 15.18 and 15.19.

5. Shellstock harvested by licensed mahogany quahog and mussel draggers who are certified pursuant to 12 M.R.S.A. §6856 shall be landed with a harvester tag pursuant to Chapter 9.06 until product is processed, at which point the dealer tag shall be affixed pursuant to Chapter 15.18.

G. The Vibrio parahaemolyticus Control Plan (the "Vibrio Control Plan" or the "Control Plan") applies specifically to American and European Oysters (Crassostrea virginica and Ostrea edulis) and Hard Clams (Mercenaria mercenaria) harvested from the areas described in Chapter 115.02. The Control Plan provides additional and more rigorous controls than those imposed by DMR Rules Chapters 9, 15, 16, 17, 18, 19, 20 and 22 to the handling of American and European Oysters and Hard Clams in the affected areas. Insofar as the Control Plan time and temperature requirements exceed those imposed by existing rules or are in addition to those imposed by existing rules, the relevant provisions of the Control Plan shall supersede the provisions of Chapters 9, 15, 16, 17, 18, 19, 20 and 22.

The Control Plan shall be complied with during the harvesting and handling of the above-described species, as conducted by harvesters, certified shellstock dealers, certified shellfish establishments (sometimes referred to as shellfish facilities or plants), shucker-packers, shellstock shippers and receivers, reshippers, depuration processors, enhanced retail seafood license holders and all others involved in the processes described in Chapters 9, 15, 16, 17, 18, 19, 20 and 22.

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