Current through 2024-51, December 18, 2024
Section 188-9-04 - Shellfish Harvester VesselsA. Vessels1. All harvester vessel operators must ensure that any vessel used to harvest, handle, transfer and/or transport shellstock is properly constructed, operated and maintained to prevent contamination, deterioration and decomposition of the shellstock.2. Vessels and all other equipment coming into contact with shellstock during harvest, handling, transfer and/or transport of the shellstock must be constructed in a manner and with materials that can be cleaned and maintained, repaired and/or replaced.3. Decks or the floor of an open vessel upon which shellstock are placed, and any containers in which the shellstock are placed, shall be constructed and or located as to prevent bilge water or polluted overboard water from coming into contact with the shellstock.4. Bilge pump discharges must be located so that the discharge does not contaminate shellstock.5. Boat decks and containers used in the harvest, handling, transfer and/or transport of shellstock must be:(a) Kept clean with water from a growing area in the approved classification or in the open status of the conditionally approved classification; and(b) Provided with effective drainage.6. When necessary, effective coverings shall be provided on harvest boats to protect shellstock from contamination including but not limited to exposure to sun, birds or other adverse conditions.7. Cats, dogs and other animals must not be allowed on the vessel except for patrol dogs when accompanying security or police officers.B.Disposal of Human Sewage from Vessels1. Human sewage must not be discharged overboard from a vessel used in the harvesting of shellstock while the vessel is in the growing area.2. An approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle must be provided on the vessel to contain human sewage.3. Portable toilets must: (a) Be required on all boats when the vessel is in use for over 6 hours to contain human sewage;(b) Be used only for the purpose intended;(c) Be secured while on board and located to prevent contamination of shellstock by spillage or leakage;(d) Be emptied only into a sewage disposal system;(e) Be cleaned before being returned to the boat; and(f) Not be cleaned with equipment used for washing or processing food.4. Use of other receptacles for sewage disposal may be approved by the Department if the receptacles are: (a) Constructed of impervious, cleanable materials and have tight fitting lids;(b) Meet the requirements in Chapter 9.04(B)(3); and(c) Labeled clearly with "Sewage only" or equivalent language.13- 188 C.M.R. ch. 9, § 04