Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish
Section 10.02 - Authorization

Universal Citation: 322 MA Code of Regs 322.10

Current through Register 1531, September 27, 2024

(1) Permits. Any person authorized by 322 CMR 7.02 as a master digger or subordinate digger conducting activities under said authorization may not at the same time have in their possession a bait permit, a commercial fisherman permit endorsed for shellfish, or a shellfish transaction card unless it is validated for use by a master digger for the sale of purified shellfish. In no instance will a permit to harvest contaminated shellfish from a prohibited area be issued by the Director.

(2) Areas. Any person authorized as a master or subordinate digger may harvest moderately contaminated shellfish only from an area or areas classified as restricted and opened for such harvest by written notice of the Director, and if applicable, opened by local officials in accordance with M.G.L. c. 130, § 52.

(3) Supervision. The master digger, or his approved supervisor or transportation agent, shall at all times be present and supervise the harvesting, loading and transportation of all moderately contaminated shellfish taken under authority of a master or subordinate digger permit. As a condition to the master digger permit the master digger:

(a) shall be responsible, accountable and liable for all of the shellfish activities of his or her supervisor, transportation agents, and subordinate diggers;

(b) shall maintain an accurate list of subordinate diggers authorized to harvest moderately contaminated shellfish on each day in which harvesting activities take place, except that this requirement shall not apply to the master digger if the duly authorized supervisor maintains the list;

(c) shall not authorize subordinate diggers to dig or take any moderately contaminated shellfish until such time as their true and accurate name and subordinate digger number is entered upon such list, and the area from which harvesting will take place is described to him or her by the master digger;

(d) shall remain informed of the status of each area from which moderately contaminated shellfish is harvested under authority of the master digger permit;

(e) shall receive and accept all regular and certified mail sent to him or her by the Division; and

(f) agrees as a condition to the master digger permit to fully accept the provisions of 322 CMR 10.08(6) and 10.09.

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