Section 188-115-04 - General RequirementsA.Deterioration and Decomposition. Harvesters shall not allow shellstock to deteriorate or decompose from exposure to high ambient air temperatures and shall deliver shellstock to a certified shellfish dealer before such deterioration or decomposition occurs. Certified shellfish dealers and enhanced retail seafood license holders shall not allow shellstock to deteriorate or decompose from exposure to high ambient air temperatures and shall deliver shellstock to a certified shellfish dealer or retail customer before such deterioration or decomposition occurs.
B.Sales from Home Prohibited. Notwithstanding the provisions of 12 MRS §6601(2), during the control months it is unlawful for harvesters to sell from their homes oysters and hard clams that have been taken from the designated control areas.C.Recreational Harvest Prohibited. It is unlawful to engage in the recreational harvest of oysters and hard clams harvested from the designated control areas during the control months. Provided, however, that the prohibition against recreational harvest shall not apply to those holding a Limited Purpose Aquaculture license for shellfish taken from their license site or to towns with a municipal shellfish ordinance that issues recreational licenses and administers mandatory vibrio education to recreational harvesters prior to licensing.D.Mandatory Training. All harvesters and certified shellfish dealers who take oysters and/or hard clams from the designated control areas or who purchase oysters and/or hard clams from harvesters that were taken from the designated control areas shall participate in annual, mandatory training provided by the DMR. Any harvester or dealer whose product is implicated in an epidemiologically linked case of Vibrio illness shall take a refresher training provided by DMR.E.Mandatory Vp Harvest/Purchase Plan By April 1st. All harvesters, certified shellfish dealers and enhanced retail seafood license holders who take oysters and/or hard clams, buy or wet store oysters and/or hard clams from the designated control areas shall submit to DMR a Vp harvest/purchase plan on DMR approved forms. This plan must be submitted on or before April 1st annually in order to be able to operate during the control months. The harvest/purchase plan must be reviewed, amended if necessary, signed and dated by the harvester, shellfish dealer or enhanced retail seafood license holder before submission to DMR. The DMR will approve or deny the plan within 30 days and notify the applicant in writing of their decision. If the plan is denied, the applicant will have an opportunity to correct the deficiencies. Harvesters, shellfish dealers and enhanced retail seafood license holders may not harvest, buy or wet store oysters or hard clams during the control months without a DMR approved harvest/purchase plan. The harvest/purchase plan must include; (1) For Harvesters: a. Harvest process from time of harvest to delivery to a certified shellfish dealer or enhanced retail seafood license holder.b. Cooling processes such as resubmergence procedures, shading, wetting, and icing.c. Product handling and data recording including resubmergence times. Details on how lots are identified and kept separate depending on their exposure history must be included. An example data sheet should be included with the plan. d. Conveyance methods including how shellstock are held and transported from time of harvest to point of sale, resubmergence or wet storage. e. Contingency plan if control plan is violated including resubmergence for aquaculture lease or permit holders, wet storage by a certified shellfish dealer or destruction of shellstock.(2) For Dealers and Enhanced Retail Seafood License Holders: a. Receiving process including documentation time of harvest, verification of harvesters' training and harvest plan requirements and time of delivery.b. Temperature control measures and documentation that ensures product reaches 50°F internal temperature within three hours of receiving product. Product may not be reshipped before it reaches 50°F internal temperature. c. Provisions for maintaining and continuing cooling that was initiated by harvesters utilizing Control Plans with immediate icing. d. Dealers with a buying station permit may purchase oysters and/or hard clams from the designated control areas provided that they use ice to initiate immediate cooling in the conveyance.f. Contingency plan if control plan is violated including resubmergence for aquaculture lease or permit holders, wet storage by a certified shellfish dealer or destruction of shellstock.13-188 C.M.R. ch. 115, § 04