Current through Register 1531, September 27, 2024
(1)
Supervisors. A
master digger may employ no more than three persons who may also be subordinate
diggers to act as supervisors provided that;
(a) the individual is designated as a
supervisor on forms supplied by the Director;
(b) the individual designated as a supervisor
on such forms is approved in writing by the Director;
(c) the approved supervisor shall be
authorized to and responsible for supervising the digging and taking, placement
at a landing site, and loading onto a transport vehicle of all moderately
contaminated shellfish harvested under authority of a master or subordinate
digger permit;
(d) the approved
supervisor signs a statement certifying his or her knowledge of and agreement
to fully comply with
322 CMR
7.02: Master and Subordinate Digger
Permits and 10.00, applicable regulations of DPH, M.G.L. c. 130,
§§ 74, 74A, 75 and 80 and any applicable condition or restriction of
the master digger permit; and
(e)
the approved supervisor carries on his or her person during moderately
contaminated shellfishing activities his or her approved authorization form as
required by
322 CMR
7.02(1)(b) and shall
display said authorization on request of any officer authorized to enforce
322 CMR
7.02: Master and Subordinate Digger
Permits and 10.00.
(2)
Transportation
Agents. A master digger may employ no more than two persons, who
may also be subordinate diggers, to act as transportation agents. An approved
transportation agent shall be considered an approved supervisor if responsible
for supervising the harvesting and landing of moderately contaminated
shellfish. Applicants for a transportation agent:
(a) shall be designated as transportation
agents on forms supplied by the Director;
(b) shall have such designated forms approved
in writing by the Director;
(c)
shall be authorized to and responsible for the transportation of moderately
contaminated shellfish from its loading onto the transport vehicle to its
off-loading at the purification plant;
(d) shall sign a statement certifying his or
her knowledge of and agreement to fully comply with
322 CMR
7.02: Master and Subordinate Digger
Permits and 10.00, applicable regulations of DPH, M.G.L. c. 130,
§§ 74, 74A, 75 and 80, and applicable conditions or restrictions of
the master and subordinate digger permits; and
(e) shall carry on his or her person during
transporting activities his or her approved authorization form as required by
322 CMR
7.02(2): Master
Digger Eligibility and shall display said authorization on request of
any officer authorized to enforce
322 CMR 10.00.
(3)
Prohibitions. It is unlawful for a supervisor or
transportation agent to:
(a) sell or offer to
sell any moderately contaminated shellfish;
(b) possess or transport any shellfish from
an approved area while in possession of a master or subordinate digger permit
or supervisor or transportation agent authorization form;
(c) possess or transport any moderately
contaminated shellfish from an area closed by the Director or from an area not
otherwise classified as restricted by the Director.
(4)
Plan. Cities and
towns may develop alternate harvesting measures for approved and moderately
contaminated shellfish areas by submitting a plan to the Director. The plan
shall ensure that permits for such activities may not be possessed by a master
digger or subordinate digger at the same time. Shellfish transaction cards and
commercial fisherman permits shall be turned in to an authorized official
during harvesting activities in moderately contaminated areas. Master and
subordinate digger permits shall be turned in during harvesting activities in
approved areas.
