Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Periods of transplanting.
(1) Subject to
department approval and permit conditions, shellfish from certified areas
without the State may be transplanted into the State throughout the
year.
(2) Except as provided in
paragraph (3) of this subdivision, shellfish from uncertified areas shall not
be transplanted between the dates of October 11th and March 31st unless deemed
necessary by the department to protect such shellfish from destruction by
tides, winds or other natural or man-made causes.
(3) Subject to permit conditions, the
department may allow shellfish which it determines to be of a small enough size
as not to be marketable as a human food product to be transplanted no earlier
than March 1st and no later than October 31st. For hard clams (Mercenaria
mercenaria) this size shall be less than one-half inch in thickness; for
American oysters (Crassostrea virginica) it shall be less than two inches in
length. For other species the maximum size shall be established as a permit
condition.
(b)
Supervision. All harvesting, transporting and relaying of shellfish in
connection with transplant operations shall be subject to such supervision as
the commissioner deems necessary to protect the public health and safety and to
conform with the regulations of this Part.
(c) Transportation.
(1) All shellfish being transported for
transplanting purposes shall be transported by such means as the commissioner
deems necessary to protect the public health and safety.
(2) Notwithstanding the provisions of
paragraphs (1) and (2) of subdivision (b) of section
42.8
of this Title, transporters shall carry a bill of lading, or other document
provided by the department, adequately identifying such shellfish as being
transported in connection with a shellfish transplant project, their number and
destination.
(d) Except
as specifically authorized as a permit condition, all shellfish shall be
relayed the same day as harvested.
(e) Relay area certification.
(1) Except as specified in paragraph (2) of
this subdivision, certified areas to which shellfish from uncertified areas are
to be relayed shall be declared uncertified by restriction placed upon permits
issued pursuant to this Part. Additionally, for all public cleansing areas,
notification of the uncertified area designation shall be undertaken by the
department as provided in subdivision (f) of this section. As defined in
section
45.1(b)
of this Part, a cleansing area is a relay area within certified shellfish lands
which has been temporarily declared uncertified. This designation shall become
effective on the commencement of transplanting activities and, for all public
cleansing areas, following notice as provided in subdivision (f) of this
section. This designation shall remain in effect throughout the period of the
transplanting activities. As required by section
45.3(a)(3)(vi)
of this Part, each shellfish cleansing area shall be specifically identified in
the associated shellfish transplant permit. Cleansing areas into which
shellfish have been transplanted shall not be declared certified before the
water temperature in such areas has maintained a temperature of 50° F
(10° C) or higher for a minimum period of 21 consecutive days following the
relay of the last shellfish thereon. If determined necessary by the department,
the designation as uncertified may be extended for whatever period of time is
required for the protection of the public health. For all public cleansing
areas, the extension shall be effective following notice as provided in
subdivision (f) of this section.
(2) Relay areas shall not need to be declared
uncertified when the shellfish to be transplanted thereto are of such a small
size as to not be marketable as a human food product. For hard clams
(Mercenaria mercenaria) this size shall be less than one-half inch in
thickness; for American oysters (Crassostrea virginica) it shall be those which
are less than two inches in length.
(3) Notwithstanding any other provision of
this Subchapter, no relay area to which shellfish have been relayed shall be
designated certified until any marketable size shellfish relayed thereto have
been in such area for a minimum of 21 consecutive days at a water temperature
of 50° F or higher.
(f) Notification describing the location and
reclassification of all public cleansing areas declared uncertified pursuant to
this Part shall be provided by the department as follows:
(1) prior written notice shall be posted in
the department's regional office(s) in whose jurisdiction the affected
shellfish lands are located;
(2)
prior written notice, for posting purposes, shall be provided to the main
office of the political subdivision within whose jurisdiction the affected
shellfish lands are located;
(3)
prior written notice shall be mailed to the holders of valid State digger's
permits resident in the political subdivision within whose jurisdiction the
affected shellfish lands are located; and
(4) prior to the commencement of
transplanting activities, uncertified area designation signs shall be posted at
the location of the affected shellfish lands.