Section 188-7-50 - Municipal Shellfish Conservation Activities1.Request for Municipal Shellfish Conservation Closure/OpeningA. Municipal Shellfish Conservation Closure/Opening applications will be reviewed by the Department and permits will be issued based on the applicant's ability to meet the criteria for any conservation action.B. Municipalities must apply at least 20 days prior to the requested date, in writing on Department approved forms to the Department for a conservation closure or opening.C.NotificationThe Municipality shall provide sufficient notification to the public of any conservation closure or opening by publishing, advertising and/ or posting in public places, an official municipal closure or opening notice signed by the Shellfish Warden or the Department issued permit, five (5) days prior to the initial closure or opening date. The method of notification must be approved by the Department prior to issuance of the permit.
2.Municipal Shellfish Transplant Permit RequirementsA. A municipality or regional program with a Municipal Shellfish Conservation Ordinance must have a permit from the Department to possess seed regardless of source (wild or hatchery). In the absence of a permit, the harvesters and the municipal or regional program are in violation of 12 M.R.S. §6681. Municipalities must apply at least 20 days prior to the requested date in writing on Department approved forms to the Department for a Shellfish Transplant Permit. The supervisor must keep accurate records on a Department approved form (Activity Log) and a copy of the Activity Log must be sent to the Department within 20 days of the activity.
B. Shellfish moved from Growing Areas classified as restricted, conditionally restricted in the open status or prohibited must be planted to areas closed by the Department for specified amounts of time. Only seed may be transferred from Growing Areas classified as prohibited. If product larger than seed is proposed to be transplanted by a municipality from areas classified as restricted or conditionally restricted in the open status, the Department may issue a permit for such activities at the Commissioner's discretion based on an assessment of the overall performance of the Municipal Shellfish Conservation Ordinance and the municipality's ability to control restricted area transplant activities and enforce closed areas. In order to transplant shellfish larger than seed: 1. The Municipality must have a Warden with a minimum of 100 hour MCJA training and certification.2. The warden must be employed by the town for a minimum of 20 hours a week.C. Seed purchased from out-of-state hatcheries require an Application for Importation, Introduction and/or Relay of Shellfish Into Maine Coastal Waters pursuant to Chapter 24.10. Municipalities or regional programs must apply at least 30 days prior to the requested event, in writing, to the Department.D. Once a permit is issued, a municipality or regional program must adhere to the following requirements while transplanting shellfish from Growing Areas classified as restricted, conditionally restricted in the open status, or prohibited areas:(1) The transplanting must take place during daylight hours.(2) The transplanting may only take place on the day(s) designated in the permit unless the municipal or regional program secures written permission from the Department.(3) The transplanting may only take place under the supervision of the municipal shellfish warden, Department staff member or Department authorized relay supervisor.(4) The transplant supervisor shall have a copy of the permit with them at all times during the activity. Absence of a permit shall be prima facie evidence of a violation of this regulation. (5) The harvest crew must remain in the permitted source area under immediate supervision of the municipal shellfish warden, Department staff member or Department authorized relay supervisor at all times.(6) Any harvesting violation shall nullify and void the permit. Any failure to comply with permit conditions shall be grounds for refusal of future permit applications until the Commissioner deems the municipality can meet the permit conditions.(7) Once a permit is issued, the permit holder must notify Marine Patrol the morning of the transplant. The information required for Marine Patrol includes, but is not limited to, the following: (a) The name and contact information of the transplant supervisor.(b) The source area and the transplant area(c) The method and route of the transportation of seed to the transplant area.(d) The departure point from the harvest area and the point of arrival for the transplant area.13- 188 C.M.R. ch. 7, § 50