Rule 22-1-03-3.4 - Shellfish Growing Waters Openings and Closings for State-Owned Reefs and Private LeasesA. The MDMR will set the opening date of oyster season on state-owned reefs in an opening order in accordance with the most current version of the NSSP Model Ordinance. The opening order will include:2. Open molluscan shellfish growing areas3. Check station location(s), if applicable4. Oyster hotline number or other means of notification5. Sack limits and/or quotas7. Reference to the rules and regulations of molluscan shellfish related activitiesB. The MDMR will notify the public when an area opens or closes for the harvest of molluscan shellfish.C. A twenty-four (24) hour recorded telephone message of closures and openings will be provided when possible.D. If a closure is necessitated by a rainfall event or rise in river stage occurring after 4:00 p.m., the closure will be effective no later than 4:00 p.m. the following day.E. If a closure is necessitated by a rainfall event or rise in river stage occurring prior to 4:00 p.m., the closure will be effective no later than 4:00 p.m. that day.F. Whenever sampling data indicates this time frame sequence is not adequate to protect public health, the area will be closed immediately, and any shellfish taken from the area may be required to be returned to the water.G. If a closure is necessitated by any polluting event which threatens public health, closure will be immediate, and any harvested molluscan shellfish deemed contaminated by an MDMR Authority must be destroyed or returned to the water.H. When any one or more of the following criteria are found to exist, the MDMR will delay opening or close the area, or affected portions thereof, to shellfish harvesting. 1. When area specific closing criteria as published by the MDMR are met or exceeded.2. When hurricanes, storms, localized flooding, or other natural disasters strike the area.3. When reports concerning chemical spills, discharge of hazardous wastes, and/or discharge of raw untreated sewage, poorly treated sewage from malfunctioning city sewage collection system pump stations, chemical plants or users, harbors, shipping terminals, marinas, ships, barges, or the sinking or grounding of vessels carrying hazardous cargoes are substantiated.4. When there is evidence of the existence of marine biotoxins or other biological, chemical, or radiological agents in the seawater or shellfish in the area exceeding recognized acceptable limits. Designated MDMR personnel will perform monitoring of the closing criteria.I. If a controlling gauge for rainfall or river stage reading is missing or unavailable, evaluation of all available information will be utilized to determine if the closing criteria has been met or exceeded, in which case, the area will be closed in accordance with this Part.J. When molluscan shellfish growing waters are closed under the provisions listed, the affected waters are deemed not safe and molluscan shellfish reefs within these closed waters are deemed contaminated or otherwise unfit for consumption.K. Seawater samples will be collected from each compliant sampling station in the area for microbiological analysis.L. Seawater will be deemed acceptable when microbiological analysis of compliant stations in the area indicates a geometric mean fecal coliform MPN of 14 per 100 ml of water or less. This shall be deemed a sufficient time interval to permit natural biological cleansing.M. When shellfish tissue is sampled for verification, the results shall be less than a fecal coliform MPN of 230 per 100 grams of meat. N. Areas may be opened or reopened for the harvest of molluscan shellfish by the MDMR: 1. When rainfall has subsided, and microbiological analysis of seawater samples indicate that the seawater is again acceptable and that the shellfish have gone through a sufficient time interval to permit natural biological cleansing.2. When any raw sewage spills or discharges are diluted to the point that they are within accepted standards as determined by microbiological analysis of seawater samples collected at the site of the spill or discharge in accordance with the most current version of the NSSP Model Ordinance.3. When rainfall, hurricanes, storms, localized flooding or any natural disasters have subsided; microbiological analysis of seawater and/or molluscan shellfish tissue samples indicate that the seawater is again acceptable; and the shellfish have gone through a sufficient time interval to permit natural biological cleansing in accordance with the most current version of the NSSP Model Ordinance.4. When any chemicals or hazardous waste residuals remaining in the seawater or molluscan shellfish tissue are less than the tolerance set for such substances by the federal agencies responsible; or, when such residuals are judged to be non-hazardous to public health by the MDMR.5. When there is no evidence of the existence of marine biotoxins or other biological, chemical, or radiological agents in excess of tolerances set for such biotoxins, biological, chemical or radiological agents in the seawater and molluscan shellfish tissue samples taken from the area in accordance with the most current version of the NSSP Model Ordinance.22 Miss. Code. R. 1-03-3.4
MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-IV, III-IV-.03, IV-II-.02