(a)It shall be unlawful for a master harvester to engage in shellfish mariculture activities without first obtaining a shellfish mariculture permit from the department. A detailed mariculture operational plan must be approved by the department prior to any shellfish mariculture permit being issued. An operational plan shall include the species to be farmed, types of gear, amounts, locations, sources and types of shellfish seed including genetic strains, a storm mitigation plan, a wildlife interaction mitigation plan, and any other information required by the department.
(b)Permits may be conditioned by the department to include requirements related to shellfish production, mariculture operations, public rights of access and nonconflicting uses of permitted areas, and correction of enviro
Free access — add to your briefcase to read the full text and ask questions with AI
(a) It shall be unlawful for a master harvester to engage in shellfish mariculture activities without first obtaining a shellfish mariculture permit from the department. A detailed mariculture operational plan must be approved by the department prior to any shellfish mariculture permit being issued. An operational plan shall include the species to be farmed, types of gear, amounts, locations, sources and types of shellfish seed including genetic strains, a storm mitigation plan, a wildlife interaction mitigation plan, and any other information required by the department. (b) Permits may be conditioned by the department to include requirements related to shellfish production, mariculture operations, public rights of access and nonconflicting uses of permitted areas, and correction of environmental degradation resulting from the permitted activity. (c) Shellfish mariculture activities on a subtidal water bottoms lease shall require a performance bond provided to the director by a master harvester to ensure compliance with the procedures and standards contained in this part. Such performance bond shall be in the amount of $20,000.00 and conditioned upon faithful compliance with the conditions and terms of this part. Such performance bond shall be placed on file with the director. The bond shall be made payable to the director and issued by an insurance company authorized to issue such bonds in this state. If any party is aggrieved or adversely affected by the master harvester's failure to comply with the requirements of this article, the director may commence and maintain an action against the principal and surety on the bond. (d) The department shall not issue any new leases or permits or renew any leases or permits unless the leasing application is accompanied by a letter from the director or his or her designee stating that the applicant's bond is acceptable. Failure to provide an acceptable bond shall constitute grounds for denial of the issuance or renewal of a lease or permit. (e) Upon a determination by the director that a master harvester, or an agent or employee responsible for harvesting, has failed to meet the standards as set out in this part, the director may, after written notice of such failure to the master harvester or the agent or employee responsible for harvesting: (1) Forfeit or draw that amount of such bond that the director determines necessary to correct the violations; (2) Expend such amount for such purposes; (3) Enter into contracts for such purposes; or (4) Require the replacement of that amount of such bond forfeited or drawn upon.