Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 15.00 - Management Of Marine Aquaculture
Section 15.04 - Permits

Universal Citation: 322 MA Code of Regs 322.15

Current through Register 1518, March 29, 2024

(1) There are a total of four permit classes which authorize systems, according to complexity and environmental risk, and five permit types which authorize various aquaculture operations using these systems. Each aquaculture permit issued pursuant to 322 CMR 7.01(4) shall authorize one class and one type each from the following lists:

(a) Permit classes.
(1) Class 1. Authorizes the operation of a land-based or vessel-based recirculating system with no discharge to coastal waters.

(2) Class 2. Authorizes the operation of a land-based or vessel-based flow-through system, with or without partial recirculation, that withdraws water from a salt water well or coastal waters and discharges to coastal waters.

(3) Class 3. Authorizes an open-water system with minimal structures and no feeding.

(4) Class 4. Authorizes an open-water system with feeding and/or permitted structures.

(b) Permit types.
(1) Shellfish. Authorizes the possession and growing of seed shellfish from an approved source. May be endorsed for the use of upwellers or similar nursery systems to enlarge hatchery seed for planting, but not for resale. May be endorsed for the sale of regulated species below the minimum size established by regulation if an operational plan to control sale, shipment, tagging and record keeping is approved by the Director.

(2) General. Authorizes the possession and growing of approved larval or juvenile marine organisms, except shellfish, and sale to a licensed Massachusetts Seafood Dealer. May be endorsed for the sale of regulated species below the minimum size established by regulation if an operational plan to control sale, shipment, labeling and record keeping is approved by the Director.

(3) Shellfish hatchery. Authorizes the propagation of seed shellfish from approved brood stock and the sale of seed shellfish to licensed aquaculture operations. Includes shellfish nursery operations that grow seed shellfish to a larger size for resale to other aquaculture operations.

(4) Fish Hatchery. Authorizes the propagation and rearing of larval or juvenile marine organisms (all non-shellfish species) from approved brood stock, and sale of larval or juvenile organisms to licensed aquaculture operations or other entities permitted to possess and/or release juveniles of specific species.

(5) Ornamental. Authorizes the propagation, possession, and sale of marine organisms for the aquarium trade.

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