(1)
Definitions.
Aquaculture Reared Minimum Size. Those
minimum sizes for aquaculture reared surf clams prescribed at
322 CMR
6.08(3)(c): Surf
Clam Minimum Size and aquaculture reared quahogs and oysters and
322 CMR
6.20(2)(c):
Oysters.
Aquaculturist. Any person authorized
by the Director to propagate or rear shellfish for commercial purposes under
the authority of a shellfish propagation permit issued pursuant to
322 CMR
7.01(4): Special
Permits.
Commercial Purposes. The possession of
any oyster, quahog or soft shelled clam by a commercial fisherman or
aquaculturist for primary purchase by a dealer acting as a primary
buyer.
Dealer. Any person, business or entity
that is permitted in accordance with
322 CMR
7.01(3): Dealer
Permits to purchase and/or sell shellfish at a wholesale or retail
level.
Oyster. That species of mollusk known
as Crassostrea virginica.
Primary Buyer. Any wholesale dealer
permitted, in accordance with M.G.L. c. 130, § 80 and
322 CMR
7.01(3): Dealer
Permits, and further authorized by the Director pursuant to
322 CMR
7.07: Dealers Acting as Primary
Buyers, to engage in the primary purchase of shellfish from any
aquaculturist or their licensed employee.
Primary Purchase. The first commercial
transaction by sale, barter or exchange of any shellfish after its
harvest.
Quahog or Hard
Clam. That genus of mollusk known as Mercenaria
sp.
Surf Clam. That species of mollusk
known as Arctica islandica.
Wild Caught Minimum Size. Those
minimum sizes for wild caught surf clams prescribed at
322 CMR
6.08(3)(c): Surf
Clam Minimum Size and wild caught quahogs and oysters and
322 CMR
6.20(2)(a):
Quahogs and (c): Oysters.
(2)
Rules Affecting the Sale of
Aquaculture Reared Oysters and Surf Clams That Do Not Conform to Wild Caught
Minimum Sizes.
(a) The primary
purchase of aquaculture reared oysters and surf clams that do not conform to
the wild caught minimum size for these species must be between the
aquaculturist or their licensed employee and a primary buyer.
(b) A primary buyer may only accept
aquaculture reared oysters and surf clams from an aquaculturist that do not
conform to the wild caught minimum sizes for these species if:
1. The aquaculture reared oysters and surf
clams conform to the aquaculture raised minimum size for these species;
and
2. Are held in containers with
shellfish tags affixed, in accordance with
322 CMR
16.03: Tagging of Shellfish,
that additionally include the statement "aquaculture reared" or "farm raised"
on the shellfish tag, as required at
322 CMR
6.20(2)(d)3.
(c) Dealers may receive, possess,
offer for sale and sell lawfully harvested aquaculture reared oysters and surf
clams that do not conform to Massachusetts' wild caught minimum size, provided:
1. The aquaculture reared oysters and surf
clams conform to the aquaculture raised minimum size for these
species.
2. All containers with
aquaculture raised oysters and surf clams that do not conform to the wild
caught minimum size include the statement "aquaculture reared" or "farm raised"
on the dealer shellfish tag, as required by
105 CMR
500.021: Additional Requirements for
Handlers of Shellfish.
3.
All aquaculture reared oysters and surf clams from outside the Commonwealth
that do not conform with Massachusetts' wild caught minimum sizes for these
species that are being received by Massachusetts' dealers shall conform to the
above provisions.
(d)
Consumers may purchase and possess aquaculture reared oysters and surf clams
that do not conform to the wild caught minimum size, provided they were
lawfully harvested and sold in accordance with 322 CMR 14.03.
(3)
Rules Affecting
the Sale of Aquaculture Reared Quahogs Do Not Conform to Wild Caught Minimum
Sizes.
(a) The primary purchase
of aquaculture reared quahogs that do not conform to the wild caught minimum
size for this species must be between the aquaculturist or their licensed
employee and a primary buyer that is certified by the Department of Public
Health for the transport and sale of shellfish outside of the
Commonwealth.
(b) A primary buyer
may only accept aquaculture reared quahogs from an aquaculturist and/or their
licensed employee that do not conform to the wild caught minimum size for this
species if:
1. The aquaculture reared quahogs
conform to the aquaculture raised minimum size for this species; and
2. Are held in containers with shellfish tags
affixed, in accordance with
322 CMR
16.03: Tagging of Shellfish,
that additionally include the statement "aquaculture reared" or "farm raised"
on the shellfish tag, as required at
322 CMR
6.20(2)(d)3.
(c) A primary buyer that receives
aquaculture reared quahogs from an aquaculturist or their licensed employee
that do not conform to the wild caught minimum size may only offer for sale or
sell these quahogs to entities or persons outside of Massachusetts.
