Biological Controls

(1) Source of Culture Animals. (a) It shall be unlawful to stock Class 2, 3 or 4 aquaculture systems with culture organisms except indigenous species purchased from a Division-licensed hatchery. (b) It shall be unlawful for any hatchery to sell culture organisms unless a representative sample of annual production has been certified to be disease-free by a qualified marine pathologist. (c) It shall be unlawful for a new hatchery or a hatchery establishing a new brood stock to begin operation before the source of the brood stock is approved by the Division and a representative sample is certified to be disease-free by a qualified marine pathologist. (d) Each hatchery must state how the question of genetic diversity will be addressed to help ensure the viability of culture organisms produced. (e) A Class 1 facility with appropriate controls may culture non-indigenous species from approved sources if authorized in writing by the Director pursuant to an approved operational plan. (f) The use of genetically-altered organisms may be approved on a case-by-case basis by written authorization of the Director, who shall at a minimum consider the ASMFC plan on Introduction and Transport as well as recommendations of the ICES Working Group on the Application of Genetics in Fisheries and Mariculture. (2) Predator Control. (a) Unless specifically authorized by the Director, in consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service it shall be unlawful to use lethal means to control or exclude predators or other organisms from an aquaculture facility. Non-lethal exclosures, including, but not limited to, nets, fences, bubble curtains and noise may be used, if approved for a specific site and purpose. (b) Exception. It shall not be a violation of 322 CMR 15.07(2) to manually remove invertebrate predators, pests and fouling organisms from an aquaculture site and dispose of same in a lawful manner. (3) Disease Action Plan. Each aquaculture facility and hatchery must develop, during its first year of operation, a disease action plan that includes the following elements: (a) Disease prevention measures specific to facility and species; (b) Destruction and disposal plan to remove diseased animals; (c) Quarantine procedures, if required; (d) Reporting. (4) Discharge. (a) Any discharge to surface waters from a Class 2 system, including those from vessels docked or anchored in coastal waters, shall be treated by filtration to remove solids and by disinfection, using an approved method, to kill biological effluents, including eggs, larvae, diseases and parasites. (b) It shall be unlawful to discharge untreated water or solid waste to coastal waters from a Class 2 aquaculture facility. This provision shall not apply to shellfish hatcheries, shellfish upweller or nursery systems, or licensed shellfish wet storage operations. Finfish hatcheries where only live food is fed to the culture organisms or operations where it can be demonstrated that there is no degradation of receiving waters may be specifically exempted from 322 CMR 15.07(4) by an amendment to the Aquaculture Permit. (c) It shall be unlawful to discharge any water from a Class 1 system to the coastal waters, unless specifically authorized by a NPDES Permit, and only if no non-indigenous species are present. (5) Containment Plan. Each class 4 aquaculture facility shall submit a plan detailing how culture organisms will be prevented from escaping, including measures to exclude predators. The plan shall also contain any other measures to minimize the possibility of culture organisms interacting with wild stocks of the same species.