Rule 22-1-02-2.1 - DefinitionsA. 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. ADVERSE POLLUTION CONDITION - A state or situation caused by meteorological, hydrological or seasonal events or point source discharges that has historically resulted in elevated fecal coliform levels in a particular growing area.D. APPROVED AREA - Molluscan shellfish growing waters classification used to identify a growing area where harvest of shellfish for direct marketing is allowed.E. 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.F. 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.G. AQUACULTURE MARKET SIZE SHELLSTOCK - Molluscan shellstock which measures 51 mm or more (2 inches or greater) from end to end.H. 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.I. 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.J. 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.K. 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.L. CERTIFICATION OR CERTIFY - The issuance of a numbered certificate to a person for a particular activity or group of activities that indicates: (a) Permission from the MDMR Authority to conduct the activity; and(b) Compliance with the requirements of the NSSP Model Ordinance.M. 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 MDMR Authority are eligible to participate in the interstate shipment of molluscan shellfish.N. 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).O. 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. Renewal of this permit is required on an annual basis, with expiration occurring on April 30th each year.P. COMMERCIAL MOLLUSCAN 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. Renewal of this permit is required on an annual basis, with expiration occurring on April 30th each year.Q. 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. Renewal of this permit is required on an annual basis, with expiration occurring on April 30th each year.R. 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.S. CONTAINER - Any bag, sack, tote, conveyance or other receptacle used for containing shellfish for holding or transporting.T. CULTIVATION -The deliberate actions taken by the lessee to improve conditions for the growth, reproduction, and overall well-being of oyster populations within the designated lease area. This involves activities such as bagless dredging and other forms of substrate maintenance. Leaseholders may submit additional or alternative activities to the Executive Director for approval to adhere to the requirements of this Part.U. DEPURATION - The process of reducing the pathogenic organisms that may be present in shellstock by using a controlled aquatic environment as the treatment process.V. 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.W. 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.X. INTRASTATE COMMERCE - The movement that originates in a single state, moves in that state only and delivers in that originating state.Y. 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.Z. LANDED - The point at which shellstock is put on land or a dock.AA. 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.BB. MISBRANDED - Molluscan shellfish labeled with false or misleading information in any way or with a missing label.CC. MOLLUSCAN SHELLFISH - All bivalve species of oysters, clams, mussels, or scallops in the shell, shucked, fresh, frozen or in part.DD. MOST PROBABLE NUMBER (MPN) - a statistical estimate of the number of bacteria perunit volume and is determined from the number of positive results in a series of fermentation tubes.EE. 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.FF. 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.GG. 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: 1. Class I - Substantial Shellfish Resource/Recently Improved Bottoms2. Class II - Minimal Shellfish Resource/Improved Bottoms3. Class III - No Resource/Unimproved BottomsHH. 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.II. 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.JJ. 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.KK.PROPAGATION -The deliberate actions taken by the lessee to increase the population of oysters within the designated lease area. This includes cultch deployment and stocking oyster seed or spat. Leaseholders may submit additional or alternative activities to the Executive Director for approval to adhere to the requirements of this Part.LL. PUBLIC REEF - On-bottom molluscan shellfish reefs, either natural, historic, or created by the state that are managed by the state.MM. RELAY - To transfer shellstock from a growing area classified as restricted or conditionally restricted to a growing area classified as approved or conditionally approved for the purpose of reducing pathogens as measured by the coliform indicator group or poisonous or deleterious substances that may be present in the shellstock by using the ambient environment as the treatment process.NN. REPACKER (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.OO. 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.PP. 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.QQ. 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.RR. SANITARY SURVEY - The evaluation of all actual and potential pollution sources and environmental factors having a bearing on shellfish growing water quality.SS. SEED - Shellstock which measures less than three (3) inches from end to end.TT. 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.UU. SHELLSTOCK - Live molluscan shellfish in the shell.VV. 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.WW. SHORELINE - The area where the water contacts the land including the mainland and all offshore and barrier islands.XX. SHOULD - Used to state recommended or advisory procedures or to identify recommended equipment.YY. 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.ZZ. 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.AAA. TAG - A label attached to molluscan shellfish containers for the purpose of identification. 1. WHITE TAG - Shellstock that is commercially harvested from growing areas classified as approved or conditionally approved, in the open status, and under conditions that allow for direct marketing for raw consumption.2. GREEN TAG - Shellstock that is commercially harvested from growing areas classified as approved, conditionally approved, or restricted in the open status and under conditions that allow for shucking by a certified dealer or post-harvest processing only as defined in the most current version of the NSSP Model Ordinance.3. RED TAG - Shellstock harvested for personal use and sale is prohibited.4. PURPLE TAG - Shellstock that is being cultivated by a molluscan shellfish aquaculture harvester and will be returned to the harvester's sublease. Sale is prohibited.BBB. Trip Ticket - A form of written documentation that includes the date time and each lot of shellfish harvested.CCC. 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.DDD. 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.EEE. WHOLESALER - A person, firm or corporation that purchases and resells molluscan shellfish to a licensed retailer or other wholesaler.22 Miss. Code. R. 1-02-2.1
MISS. CODE ANN. § 49-1-1; NSSP Model Ordinance § II-B