Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish
Section 10.10 - Prohibitions

(1) to harvest, possess, transport, sell or offer to sell any moderately contaminated shellfish unless properly authorized as a master digger, supervisor, transportation agent or subordinate digger pursuant to 322 CMR 7.02: Master and Subordinate Digger Permits.

(2) for a master or subordinate digger to have in possession during his or her moderately contaminated shellfish activities a clean shellfish permit, a shellfish endorsement on his or her commercial fishermen permit or a shellfish transaction card other than a special master digger transaction card.

(3) for the holder of a master or subordinated digger permit to harvest, possess, transport, sell or offer to sell any shellfish from a prohibited area or from any area which are otherwise clean, open and classified as approved by the Division.

(4) for a master digger or duly approved supervisor not to maintain an accurate list of subordinate diggers authorized to harvest moderately contaminated shellfish each day in which harvesting activities take place;

(5) for a supervisor or transportation agent not to carry on his or her person during moderately contaminated shellfishing activities his or her approved authorization form or to fail or refuse to display said form on request of any officer authorized to enforce 322 CMR 10.10;

(6) for a master or subordinate digger to conduct any moderately contaminated shellfish harvesting activities from sunset to 1/2 hour before sunrise as established by the United States Weather Bureau;

(7) for a master or subordinate digger to leave any moderately contaminated shellfish at any location other than a designated landing site, or at a landing site which is not supervised at all times by the master digger or an agent as provided for in 322 CMR 10.03;

(8) for a master or subordinate digger, supervisor or transportation agent to load any moderately contaminated shellfish onto a transport vehicle at any time between hour after sunset to sunrise, as established by the United States Weather Bureau;

(9) for a master digger or transportation agent to delay the transportation of moderately contaminated shellfish to the purification plant, unless authorized to hold-over pursuant to 322 CMR 10.06;

(10) to hold-over any moderately contaminated shellfish without fully complying with 322 CMR 10.06;

(11) for a master digger or transportation agent to transport any contaminated shellfish by any method or in any vehicle other than the transport vehicle authorized by the Director for use by the master digger;

(12) for a master digger or transportation agent to transport any contaminated shellfish in anything other than containers or racks approved by the DPH;

(13) for a master digger or a supervisor to fill any container or rack in a manner which is not level with the bottom of the handles with more or less than 1/2 bushel of moderately contaminated shellfish except as provided for in 322 CMR 10.04(1);

(14) for a master digger or transportation agent to transport contaminated shellfish which has not been washed or which contains broken or dead shellfish;

(15) for a master digger, transportation agent, supervisor or subordinate digger to wash or clean moderately contaminated shellfish in water from a prohibited or unclassified area;

(16) to transport moderately contaminated shellfish without the master digger or transportation agent present;

(17) to transport any moderately contaminated shellfish which is not accurately identified in writing and physically separated by designated area where harvested;

(18) for a master digger or transportation agent to transport any moderately contaminated shellfish over any route or routes other than those routes designated and authorized by the Director;

(19) to transport any moderately contaminated shellfish in a transport vehicle which contains any other shellfish, either shucked or in the shell, which did not originate from the areas designated on that day as evidenced by entries in the master digger book;

(20) to deposit the master digger book after an entry has been made prior to the transport of the moderately contaminated shellfish in any place other than a secure and clean part of the cargo area wherein the shellfish is located;

(21) to falsify, forge or counterfeit the signature of an environmental police officer or a shellfish constable when the signature is required by 322 CMR 10.06(2);

(22) to store moderately contaminated shellfish in accordance with an approved hold-over in an area which is not sanitary or secure, or which has a temperature less than 32°F or greater than 50°F or where other clean shellfish is stored.

(23) for a master digger not to maintain complete and accurate records by a medium other than ink, or to falsify any such record, or to dispose of any pages in a master digger book in any manner other than that provided for in 322 CMR 10.07;

(24) for a master digger or subordinate digger not to pick up regular mail or sign for certified mail of the Division which is addressed to the master or subordinate digger;

(25) for a master digger to possess any purified shellfish after its release from the purification plant without properly affixing tags, or affixing tags which do not contain all of the requirements of 322 CMR 10.08(4);

(26) to falsify, forge, counterfeit, alter or steal the Division stamp required by 322 CMR 10.08(4)(e);

(27) for a master digger or subordinate digger to conduct any moderately contaminated shellfishing activities, to be present at the purification plant, or to be present at or near a restricted area during a suspension of his or her master digger or subordinate digger permit;

(28) for any master digger of his or her agent to discuss or negotiate the sale of any shellfish at the purification plant;

(29) for a subordinate digger to sell any moderately contaminated shellfish to any person other than a master digger;

(30) for a subordinate digger to harvest moderately contaminated shellfish without the permission, authorization and supervision of a master digger or supervisor;

(31) for any person to violate any condition or restriction of:

(32) for any master digger, supervisor or transportation agent to mix moderately contaminated shellfish with clean shellfish, whether shellstock or shucked, in the transportation vehicle.

(33) for any person to refuse to pay the purification fee as established by the Executive Office of Administration and Finance, by check or money order, or to deliver shellfish to the purification plant before restitution is made for checks which have not been honored by the payor bank;

(34) for any person to refuse to display for inspection upon demand of any authorized officer or Division personnel a master digger or subordinate digger permit, a supervisor or transportation agent's authorization form, or any moderately contaminated shellfish possessed at the time;

(35) for any person to harass, threaten, intimidate, abuse or assault any environmental police officer, shellfish constable, or employee of the Division or DPH.