Mississippi Administrative Code
Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES
Part 1 - rules and regulations for molluscan shellfish related activities
Chapter 2 - Definitions
Rule 22-1-2.1 - Definitions

A. ADEQUATELY ICED -The amount and application of the ice is sufficient to ensure that immediate cooling begins and continues for all shellfish. If ice slurry is used and the shellfish are submerged, the presence of ice in the slurry indicates adequate icing.

B. ADULTERATED - Molluscan shellfish will be deemed contaminated if any foreign substance has been added to, mixed in, or packed with molluscan shellfish to increase its bulk or weight, reduce its quality, or make it appear better or of greater value.

C. APPROVED AREA - Molluscan shellfish growing waters classification used to identify a growing area where harvest of shellfish for direct marketing is allowed.

D. APPROVED CULTCH MATERIAL - Materials that have been authorized or accepted by the relevant regulatory or governing body for use in on-bottom molluscan shellfish cultivation. These materials are typically used to provide a suitable substrate or surface for shellfish to attach and grow on, such as oyster spat or other natural or synthetic materials. A list of suitable materials will be listed in the Molluscan Shellfish Growing Waters Operational Plan.

E. AQUACULTURE INTERMEDIATE SIZE SHELLSTOCK - Molluscan shellstock which measures 26 mm or more and 50 mm or less in size (more than 1 inch and less than 2 inches) from end to end.

F. AQUACULTURE MARKET SIZE SHELLSTOCK - Molluscan shellstock which measures 51 mm or more (2 inches or greater) from end to end.

G. AQUACULTURE SEED - Molluscan shellstock which measures 0 to 25 mm in length (1 inch or less) from end to end, used for cultivation in controlled conditions.

H. AUTHORITY - The State shellfish control administration or its designated agents, which are responsible for the enforcement of all rules and regulations pertaining to molluscan shellfish related activities.

I. BASKET DREDGE - A type of molluscan shellfish dredge, also known as a "self-dumping dredge" that utilizes a rigid framed basket, instead of a flexible rope or chain bag, to retain the harvested molluscan shellfish.

J. BULK TAGGING - When a single lot of shellstock is sold, multiple containers may be combined on a wrapped pallet or other type of containment and the unit tagged with a single tag in accordance with the most current version of the NSSP Model Ordinance.

K. CERTIFIED INTERSTATE SHELLFISH SHIPPER - An individual, firm or corporation who has been issued a numbered license and certification by the MDMR for molluscan shellfish handling and processing. In addition, nonresidents who have been issued a license and certification from their respective state shellfish control authority are eligible to participate in the interstate shipment of molluscan shellfish.

L. CERTIFIED SHELLFISH PLANT - A molluscan shellfish facility which possesses a valid shellfish processing plant license and certification from the MDMR for shellfish handling and processing. A certified shellfish plant is recognized as a Certified Interstate/Intrastate Shellfish Shipper. A certified shellfish plant is designated as either a: Shellstock Shipper (SS), Shucker- Packer (SP), Repacker (RP) or Reshipper (RS).

M. COMMERCIAL MOLLUSCAN SHELLFISH AQUACULTURE PERMIT - A permit issued by the MDMR Shellfish Bureau to a Mississippi aquaculture harvester. The harvester must have an active commercial aquaculture harvesters license. The permit includes endorsements allowable for the harvester including grow-out and seed purchases, seed nursery, wet storage, intermediate shellstock grow-out, off-site cultivation, bulk tagging, and transport of shellstock across state lines. The permit must be renewed annually at the start of the calendar year.

N. COMMERCIAL MOLLUSC AN SHELLFISH LEASE PERMIT - A permit issued by the MDMR Shellfish Bureau to an active, on-bottom, private lease holder. The permit includes endorsements allowable for the harvester including harvest of molluscan shellfish and cultch material deployment on the lease. The permit must be renewed annually at the start of the calendar year.

O. COMMERCIAL MOLLUSCAN SHELLSTOCK TRANSPORT PERMIT - A permit issued by the MDMR Shellfish Bureau to a Mississippi Certified Dealer and/or Processor for the transportation of shellstock by a marine vessel from waters outside of the state of Mississippi into the state of Mississippi. The permit must be renewed annually at the start of the calendar year.

P. CONDITIONALLY APPROVED AREA - Molluscan shellfish growing waters classification that meets the criteria for approved classification except under certain environmental conditions such as rainfall and river stage. Conditions specific to each area are described in the MDMR Shellfish Bureau management plan.

Q. DEPURATION - The process of reducing the pathogenic organisms that may be present in shellstock by using a controlled aquatic environment as the treatment process.

R. EVENT OF DEFAULT - A circumstance where the leaseholder fails to fulfill their contractual obligations or breaches the terms and conditions of the "Lease Agreement for Oyster Production".

S. ILLEGAL MOLLUSCAN SHELLFISH - All untagged molluscan shellstock, molluscan shellfish obtained from uncertified shops or dealers or from an unlicensed harvester, molluscan shellstock obtained from waters not declared safe and sanitary by the MDMR and offered for sale or sold, and shucked molluscan shellfish obtained from uncertified shops or dealers.

T. INTERSTATE COMMERCE - The movement of a shipment or service across state or international borders; or the intent to continue a movement within a state that originated from another state or country.

U. INTRASTATE COMMERCE - The movement that originates in a single state, moves in that state only and delivers in that originating state.

V. ISLANDS - All islands in the territorial waters of the State of Mississippi, which include, but are not limited to: Petit Bois, Horn, Ship, Cat, Round and Deer Islands.

W. LANDED - The point at which shellstock is put on land or a dock.

X. MARINA - Any water area with a structure (docks, basin, floating docks, etc.) which is used for docking and constructed to provide temporary or permanent docking space for more than ten (10) boats.

Y. MISBRANDED - Molluscan shellfish labeled with false or misleading information in any way or with a missing label.

Z. MOLLUSCAN SHELLFISH - All bivalve species of oysters, clams, mussels, or scallops in the shell, shucked, fresh, frozen or in part.

AA. OFF-BOTTOM AQUACULTURE - Molluscan shellfish aquaculture operations in marine waters that utilize the water column or do not otherwise fall within the definition of on-bottom aquaculture.

BB. ON-BOTTOM AQUACULTURE - Molluscan shellfish aquaculture operations in marine waters that use natural shell, spat on shell, or other approved cultch material deployed on the water bottoms, without employing racks, cages, or other containers or support structures.

CC. ON-BOTTOM PROPERTY CLASSIFICATIONS - The categorization or classification of submerged lands or water bottoms that are suitable for leasing or cultivating molluscan shellfish. As of July 1, 2023, the classifications are as follows:

DD. OYSTER SPAT - The early juvenile stage of an oyster, which is the larval oyster that has settled and attached to a hard substrate, such as a shell, or rock.

EE. PLAT - A detailed map drawn to scale, used to show the divisions and boundaries of a piece of land. It identifies the corner coordinates (decimal degrees), describes the piece of land, its boundaries, and gives a description of the approved cultch material and amount to be deployed.

FF. PROHIBITED AREA - Molluscan shellfish growing waters classification where the harvest of shellstock for any purpose is not permitted, except depletion, gathering of seed or nursery culture for aquaculture.

GG. PUBLIC REEF - On-bottom molluscan shellfish reefs, either natural, historic, or created by the state that are managed by the state.

HH. REP ACKER (RP) - Any person, firm, or corporation other than the original certified shucker-packer who repacks shucked molluscan shellfish into other containers. A Repacker may also repack and ship shellstock. A Repacker is not permitted to shuck molluscan shellfish.

II. RESHIPPER (RS) - Any person, firm, or corporation who purchases shucked molluscan shellfish or shellstock from a certified shipper and sells the product, without repacking or relabeling, to other certified shippers, wholesalers, or retailers.

JJ. RESTRICTED AREA - Molluscan shellfish growing waters classification used to identify a growing area where harvesting shall be by special license and the shellstock, following harvest, is subjected to a suitable and effective treatment process through relaying or depuration.

KK. RETAILER - Anyone who sells molluscan shellfish to the end user and has had no part in the processing of molluscan shellfish as defined by Miss. Code Ann. 49-15-28.

LL. SANITARY SURVEY - The evaluation of all actual and potential pollution sources and environmental factors having a bearing on shellfish growing water quality.

MM. SEED - Shellstock which measures less than three (3) inches from end to end.

NN. SHELLFISH RELATED ACTIVITIES - Any activity involving molluscan shellfish including, but not limited to: buying, cultivation, growing, harvesting, landing, opening, packing, processing, relaying, repacking, reshipping, selling, shipping, tagging, transplanting, transporting, or unloading.

OO. SHELLSTOCK - Live molluscan shellfish in the shell.

PP. SHELLSTOCK SHIPPER (SS) - A person who grows, harvests, buys, or repacks and sells shellstock. They are not authorized to shuck molluscan shellfish or to repack shucked molluscan shellfish. A shellstock shipper may also buy, repack, and sell in-shell product as well as ship shucked molluscan shellfish.

QQ. SHORELINE - The area where the water contacts the land including the mainland and all offshore and barrier islands.

RR. SHOULD - Used to state recommended or advisory procedures or to identify recommended equipment.

SS. SHUCKER-PACKER (SP) - Any person, firm, or corporation that shucks and packs molluscan shellfish. A shucker-packer may act as a shellstock shipper or reshipper or may repack molluscan shellfish originating from other certified dealers.

TT. STATE-OWNED REEFS - A designated area within the state's tidal waters that is set aside for the protection, propagation, and management of oyster populations for the benefit of the environment and the oyster industry.

UU. TAG - a label attached to molluscan shellfish containers for the purpose of identification.

VV. UNCLASSIFIED AREA - Waters that are not classified as molluscan shellfish growing waters and from which the harvest of shellfish is prohibited pending classification by the MDMR based on a sanitary survey of the area.

WW. WET STORAGE - The storage, by a dealer, of shellstock from growing areas in the approved classification or in the open status of the conditionally approved classification in containers or floats in natural bodies of water or in tanks containing natural or synthetic seawater at any permitted land-based activity or facility.

XX. WHOLESALER - A person, firm or corporation that purchases and resells molluscan shellfish to a licensed retailer or other wholesaler.