12 §6856. Shellfish sanitation and depuration certificate - Maine Statutes

Title 12: CONSERVATION

Part 9: MARINE RESOURCES

Subpart 2: LICENSING

Chapter 625: WHOLESALE AND RETAIL LICENSES

§6856. Shellfish sanitation and depuration certificate

1. Shellfish sanitation certificate. A person may not undertake the processing, buying, selling, shipping, transporting or shucking of shellfish or whole scallops without a shellfish sanitation certificate unless authorized under section 6701 or 6702. The commissioner may issue a shellfish sanitation certificate to a wholesale seafood license holder, a limited wholesale shellfish harvester's license holder or a shellfish transportation license holder that authorizes the holder to undertake the activities expressly authorized therein, which may include buying and selling, shipping, transporting, shucking or other processing of shellfish or whole scallops. A wholesale seafood license, limited wholesale shellfish harvester's license or shellfish transportation license is also necessary to undertake the activities authorized under those licenses.

[ 2005, c. 508, §2 (AMD) .]

2. Express authorizations. The commissioner shall expressly state the authorized activities on each shellfish sanitation certificate. The activities authorized must be sufficient to allow the holder to carry out the holder's wholesale or transportation operations, except that the operations may be limited to the extent required to protect the public health.

[ 2003, c. 248, §11 (AMD) .]

3. Depuration certificate. A person may not take shellfish from closed areas for depuration, processing and transportation without a depuration certificate. The commissioner may issue a depuration certificate to a wholesale seafood license holder that authorizes the holder to take shellfish from closed areas for depuration, processing and transportation. The certificate must establish limits on harvesting, depurating and processing methods and any other provisions required to ensure the public safety. A depuration plant operator shall maintain a generalized management plan on file with the commissioner that sets forth a timeline for harvest, harvest limits and harvester selection. The commissioner may permit depuration of shellfish not contaminated by paralytic shellfish poisoning if it is established that the water used during depuration will not contaminate the shellfish with paralytic shellfish poisoning.

[ 2007, c. 15, §1 (AMD) .]

3-A. Municipal consultation and approval; depuration harvesting. The following provisions apply within a municipality that has a municipal shellfish conservation committee established pursuant to section 6671. Paragraphs A and B apply to shellfish growing areas that have been reclassified after January 1, 2006 from an approved to a restricted classification for water quality as defined in rule. Paragraph B‐1 applies to shellfish growing areas reclassified after January 1, 2010 from a prohibited to restricted classification.

A. Unless the commissioner obtains the approval of the affected municipality, the commissioner may not open an area reclassified from an approved to a restricted classification for depuration harvesting for 2 years from the date of the reclassification to allow the municipality to develop a pollution abatement plan under subsection 3‐B. [2009, c. 561, §32 (AMD).]

B. A municipality must notify the commissioner within 8 weeks of a reclassification from an approved to a restricted classification of an area whether or not it intends to develop a pollution abatement plan. If the municipality does not wish to develop a pollution abatement plan in accordance with subsection 3‐B or if it fails to notify the commissioner within the 8-week period, municipal approval is not required. [2009, c. 561, §32 (AMD).]

B-1. Unless the commissioner obtains the approval of the affected municipality, the commissioner may not open an area reclassified from a prohibited to a restricted classification for depuration harvesting. A municipality must document to the commissioner within 4 weeks of the reclassification from a prohibited to a restricted classification that the municipality intends to take significant measures following the reclassification to be incorporated in its pollution abatement plan. If the municipality fails to provide sufficient documentation or does not wish to develop a pollution abatement plan or if it fails to notify the commissioner within the 4-week period, municipal approval is not required. The municipality must provide the commissioner a progress report on activities under its abatement plan every 6 months. [2009, c. 561, §32 (NEW).]

C. If a municipal shellfish conservation committee has a pollution abatement plan as provided in subsection 3‐B on file with the commissioner, the commissioner must obtain the approval of the committee before taking action to open an area within that municipality for depuration digging. [2007, c. 15, §2 (NEW); 2007, c. 15, §6 (AFF).]

D. If a municipal shellfish conservation committee has a depuration management plan as provided in subsection 3‐C approved by the commissioner, the municipality may manage the depuration harvesting over a shellfish growing area within that municipality. [2007, c. 15, §2 (NEW); 2007, c. 15, §6 (AFF).]

[ 2009, c. 561, §32 (AMD) .]

3-B. Municipal pollution abatement plan. A pollution abatement plan must be specific to a particular shellfish growing area and include at least:

A. A shoreline survey as defined by rule; [2007, c. 15, §3 (NEW).]

B. Hydrological and meteorological data pertaining to the area; [2007, c. 15, §3 (NEW).]

C. Pollution source identification; [2007, c. 15, §3 (NEW).]

D. Tasks to be undertaken to remediate the pollution problem; and [2007, c. 15, §3 (NEW).]

E. A timeline for pollution remediation. If the timeline for remediation is longer than 2 years, a scientific resource survey and a standing crop analysis as required by the commissioner must be included in the plan. [2007, c. 15, §3 (NEW).]

[ 2007, c. 15, §3 (NEW) .]

3-C. Municipal depuration management plan. A depuration management plan must include but is not limited to:

A. A scientific shellfish survey approved by the commissioner; [2007, c. 15, §4 (NEW).]

B. A standing crop analysis with year classes as required by the commissioner; [2007, c. 15, §4 (NEW).]

C. Historical harvest data; and [2007, c. 15, §4 (NEW).]

D. Established annual harvest limits. [2007, c. 15, §4 (NEW).]

[ 2007, c. 15, §4 (NEW) .]

4. Rules. The commissioner may adopt or amend rules concerning:

A. The procedures for issuing certificates and the required qualifications for each type of certificate; [1977, c. 661, §5 (NEW).]

B. The minimum sanitation standards for establishments and vehicles; [1977, c. 661, §5 (NEW).]

C. The sanitation and quality control standards for shellfish and whole scallops and their products; [2001, c. 112, §3 (AMD).]

D. The methods for taking, handling, shipping, transporting and processing of shellfish and whole scallops taken from closed areas; [2001, c. 112, §3 (AMD).]

E. The records and reports of takings, purchases, processing, sales, shipping and transporting of shellfish and whole scallops; [2001, c. 112, §3 (AMD).]

F. The labeling or marking of shipments of shellfish and whole scallops; and [2001, c. 112, §3 (AMD).]

G. Other rules necessary to the public health. [2003, c. 248, §11 (AMD).]

The rules must be based on the particular operational requirements of each activity, the most recently adopted federal sanitation standards and the most recent generally accepted research data, in a manner so as to protect the public health and safety while allowing reasonable use of the State's shellfish and whole scallops.

[ 2003, c. 248, §11 (AMD) .]

5. Right of entry. Whenever a certificate has been issued under this section, the commissioner, or the commissioner's agent, must have access to any establishment or part thereof for the purpose of inspection or collection of samples. Denial of access is grounds for suspension or revocation of any certificate or license under the provisions of section 6373.

[ 2003, c. 248, §11 (AMD) .]

6. Products embargoed and condemned. The commissioner, or the commissioner's agent, shall indefinitely embargo, condemn or order to be destroyed any shellfish, shellfish product or whole scallop in any establishment whenever it is determined that the product is of unsound quality, contains any filthy, decomposed or putrid substance, or may be poisonous or deleterious to health or otherwise unsafe. The commissioner and the commissioner's agent shall cooperate with those state and federal agencies having similar responsibility in the protection of public health and in enforcing the order to embargo, condemn or destroy.

In the event that any shellfish, shellfish product or whole scallop in any establishment is embargoed, condemned or ordered destroyed, the commissioner, or the commissioner's agent, shall, as soon thereafter as practical, notify the owner in writing of the amount and kind of shellfish, shellfish product or whole scallop embargoed, condemned or destroyed.

[ 2003, c. 248, §11 (AMD) .]

7. Resident depuration harvesters. Except for depuration activities conducted under subsection 3-A, paragraph D, when harvesting soft-shelled clams under a depuration certificate, the person holding the certificate shall, to the extent possible, employ one person who is a resident of the municipality as harvester for every person employed as harvester who is not a resident of that municipality.

[ 2007, c. 15, §5 (AMD) .]

8. Payments to municipalities. A person holding a depuration certificate shall pay each municipality an amount equal to 50¢ for each bushel of soft-shelled clams taken in that municipality under that depuration certificate. When submitting payment to a municipality under this subsection, the depuration certificate holder shall include a copy of the applicable record and report of takings submitted to the department pursuant to rules adopted under subsection 4.

[ 1991, c. 831, §2 (NEW) .]

SECTION HISTORY

1977, c. 661, §5 (NEW). 1979, c. 249, (AMD). 1981, c. 462, §6 (AMD). 1989, c. 770, §1 (AMD). 1991, c. 831, §2 (AMD). 2001, c. 112, §§2-4 (AMD). 2003, c. 248, §11 (AMD). 2005, c. 508, §2 (AMD). 2007, c. 15, §§1-5 (AMD). 2007, c. 15, §6 (AFF). 2009, c. 561, §32 (AMD).