Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 15.00 - Management Of Marine Aquaculture
Section 15.07 - Biological Controls
Universal Citation: 322 MA Code of Regs 322.15
Current through Register 1531, September 27, 2024
(1) Source of culture animals.
(a) It shall be unlawful to
stock Class 2, 3 or 4 aquaculture systems with culture organisms except
indigenous species purchased from a Division-licensed hatchery.
(b) It shall be unlawful for any hatchery to
sell culture organisms unless a representative sample of annual production has
been certified to be disease-free by a qualified marine pathologist.
(c) It shall be unlawful for a new hatchery
or a hatchery establishing a new brood stock to begin operation before the
source of the brood stock is approved by the Division and a representative
sample is certified to be disease-free by a qualified marine
pathologist.
(d) Each hatchery must
state how the question of genetic diversity will be addressed to help ensure
the viability of culture organisms produced.
(e) A Class 1 facility with appropriate
controls may culture non-indigenous species from approved sources if authorized
in writing by the Director pursuant to an approved operational plan.
(f) The use of genetically-altered organisms
may be approved on a case-by-case basis by written authorization of the
Director, who shall at a minimum consider the ASMFC plan on Introduction and
Transport as well as recommendations of the ICES Working Group on the
Application of Genetics in Fisheries and Mariculture.
(2) Predator control.
(a) Unless specifically authorized by the
Director, in consultation with the U.S. Fish and Wildlife Service and/or the
National Marine Fisheries Service it shall be unlawful to use lethal means to
control or exclude predators or other organisms from an aquaculture facility.
Non-lethal exclosures, including, but not limited to, nets, fences, bubble
curtains and noise may be used, if approved for a specific site and
purpose.
(b) Exception. It shall
not be a violation of this subsection to manually remove invertebrate
predators, pests and fouling organisms from an aquaculture site and dispose of
same in a lawful manner.
(3) Disease action plan. Each aquaculture facility and hatchery must develop, during its first year of operation, a disease action plan that includes the following elements:
(a) Disease prevention measures specific to
facility and species.
(b)
Destruction and disposal plan to remove diseased animals.
(c) Quarantine procedures, if
required.
(d) Reporting.
(4) Discharge.
(a) Any discharge to surface waters from a
Class 2 system, including those from vessels docked or anchored in coastal
waters, shall be treated by filtration to remove solids and by disinfection,
using an approved method, to kill biological effluents, including eggs, larvae,
diseases and parasites.
(b) It
shall be unlawful to discharge untreated water or solid waste to coastal waters
from a Class 2 aquaculture facility. This provision shall not apply to
shellfish hatcheries, shellfish upweller or nursery systems, or licensed
shellfish wet storage operations. Finfish hatcheries where only live food is
fed to the culture organisms or operations where it can be demonstrated that
there is no degradation of receiving waters may be specifically exempted from
this subsection by an amendment to the Aquaculture Permit.
(c) It shall be unlawful to discharge any
water from a Class 1 system to the coastal waters, unless specifically
authorized by a N.P.D.E.S. Permit, and only if no non-indigenous species are
present.
(5) Containment plan. Each class 4 aquaculture facility shall submit a plan detailing how culture organisms will be prevented from escaping, including measures to exclude predators. The plan shall also contain any other measures to minimize the possibility of culture organisms interacting with wild stocks of the same species.
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