Code of Maine Rules
13 - DEPARTMENT OF MARINE RESOURCES
188 - MARINE RESOURCES - GENERAL
Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH
Section 188-94-08 - Harvest of Shellfish for Depuration

A. Each depuration plant certificate holder must submit an application to the Department on an annual basis identifying the names and addresses of all individuals who the certificate holder intends to use as authorized representatives for the depuration plant in depuration harvesting operations.The Commissioner may refuse to authorize any person that he determines to be unsuitable to serve as an authorized representative, taking into account, among other things, whether that person has a record of having committed marine resource law violations.

B. The authorized representative must supervise all members of the depuration harvesting crew and keep accurate records.

C. The authorized representative must record the names of all depuration harvest crew members and their current, valid, shellfish harvester's license number, during each day's operation. These records must be available for inspection by Department personnel at all times.

D. The authorized representative must maintain daily records of the quantity of shellfish harvested by each member of the harvest crew and the area where the shellfish were harvested. These records must be available for inspection by Department personnel at all times.

E. The depuration plant authorized representative must notify any municipality with a shellfish management program 48 hours in advance of a scheduled depuration harvest.The notification must include the date, time, and location, as well as the contact information for the authorized representative overseeing the harvest. The notification must be sent by electronic mail to the town clerk, municipal shellfish warden, chair of the shellfish committee, the Marine Patrol Lieutenant for the Division in which the harvest will occur, and DMRPublicHealthDiv@maine.gov. Any change in schedule will be disseminated through the same process and by other means to provide effective notice as soon as possible.

F. The depuration plant authorized representative must call the appropriate Maine State Police communications center to notify the local marine patrol officer of the area to be harvested at least 24 hours prior to actual harvesting.

G. Harvesting in restricted or conditionally restricted areas for depuration purposes may be undertaken only during daylight hours.

H. The area within which the depuration harvesting will occur must be clearly demarcated with orange flags.

I. During depuration harvesting activities, all harvest crew diggers must remain in the same area, close enough for immediate supervision of all diggers at all times by the authorized representative.

J. Each member of a depuration harvesting crew must hold, and possess on his person, a current, valid commercial shellfish license, at all times during depuration harvest activities.