Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish
Section 10.07 - Records

Universal Citation: 322 MA Code of Regs 322.10

Current through Register 1518, March 29, 2024

(1) Books. Master diggers shall maintain complete and accurate records of their moderately contaminated shellfishing activities written in ink, in books supplied by the Director.

(2) Entries. The master digger shall accurately record in such books, in triplicate, by date:

(a) the amount of moderately contaminated shellfish harvested;

(b) the location where the harvesting occurred; and

(c) all entries shall be made subsequent to the loading of moderately contaminated shellfish on the transport vehicle but prior to the moment at which the transport vehicle departs from the landing site.

(3) Placement. Upon completing an accurate entry the record book shall be placed in a secure and clean part of the cargo area wherein the moderately contaminated shellfish is located.

(4) Production. The record book shall be produced upon demand of any officer authorized to enforce the provisions of 322 CMR 10.00 including but not limited to environmental police officers, shellfish constables and employees of the Division and DPH.

(5) Disposition. The record books shall be disposed of as follows:

(a) the white sheet shall be removed only by an official of the Division at the purification plant upon proper verification and validation.

(b) the transparent sheet shall remain attached to and form a part of the book at all times; and

(c) the yellow sheet may be removed by a duly appointed shellfish constable in a city or town authorized by the Director to manage contaminated shellfish areas pursuant to M.G.L. c. 130, § 75.

(6) Diggers. The master digger shall, on a daily basis, record the true and accurate name and permit number of each subordinate digger employed and the number of racks of moderately contaminated shellfish harvested by each. Said records shall be produced upon demand of any officer authorized to enforce 322 CMR 10.00 or the supervisor of the shellfish purification plant.

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