Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish
Section 10.01 - Definitions

For purposes of 322 CMR 10.00 only, the following words shall have the following meanings:

Approved Area as used by the Division when classifying or reclassifying a shellfish growing area in accordance with M.G.L. c. 130, § 74 or 74A means that shellfish may be grown or harvested for direct marketing.

Dig or Take (in all of its tenses) means to harvest, dig, take, remove or attempt to harvest, dig, take or remove any moderately contaminated shellfish by any method or means.

Director means the Director of the Division of Marine Fisheries or his or her designee.

Division means the Massachusetts Division of Marine Fisheries.

DPH means the Massachusetts Department of Public Health, Division of Food and Drugs.

Landing Site means an area or areas designated by the Director as that location where moderately contaminated shellfish shall be deposited immediately after harvesting and from which the loading of said contaminated shellfish onto a transport vehicle shall take place.

Master Digger means any individual authorized by the Director pursuant to 322 CMR 7.02: Master and Subordinate Digger Permits to engage in the harvest, possession,

transportation and sale of moderately contaminate shellfish.

Moderately Contaminated Shellfish means moderately contaminated shellfish harvested from an area which has been classified by the Division as "restricted" and has been opened by the Division for harvesting by master and subordinate diggers conditioned upon the purification of said shellfish at the shellfish purification plant.

Prohibited as used by the Division when classifying or reclassifying a shellfish area in accordance with M.G.L. c. 130, §§ 74 or 74A means the prohibition of any digging or taking of shellfish from the area so classified.

Purification Plant, or Depuration Plant, means the shellfish purification plant operated by the Division located at Plum Island, Newburyport, Massachusetts.

Rack means a 1/2 bushel container which may be filled pursuant to 322 CMR 10.04 with moderately contaminated shellfish harvested by each subordinate digger on a given day as a condition of the permit.

Subordinate Digger means any individual authorized by the Director pursuant to 322 CMR 7.02 to harvest and possess at a landing site moderately contaminated shellfish for purposes of sale to a master digger only.

Transport Vehicle means any motor vehicle equipped with a separate, fully enclosed mechanically refrigerated cargo area not accessable from the cab, approved by DPH as complying with the transporting requirements of the National Shellfish Sanitation Program, marked in accordance with DPH regulations and authorized by the Director. No more than one such vehicle may be approved, authorized and used by a master digger for purposes of transporting moderately contaminated shellfish. Exception: mechanical refrigeration will not be required prior to July 1, 1989.