Operation

(1) Therapeutic and Chemical Usage. (a) It shall be unlawful for any aquaculture permit holder to administer drugs or chemicals that have not been approved for use in aquaculture by USFDA, USEPA and USDA Drugs or antibiotics may only be used if specifically listed in the conditions of the NPDES Permit and applied in a manner consistent with those conditions, under the supervision of a veterinarian. (b) Other chemical treatments, including pesticides must be applied in a manner consistent with product labels and regulations of the Department of Agricultural Resources Pesticide Board so as not to compromise the health of culture organisms, the public or the environment. (c) 322 CMR 15.08(1) shall not apply to the use of ice or salt in an aquaculture system. (d) 322 CMR 15.08(1) shall not apply to the treatment of ornamental species in a Class 1 system. (2) Disposal. It shall be unlawful to dispose of any gear or waste products on site or into coastal waters. All gear and waste products, including dead or dying culture animals, shall be disposed of in a landfill or other legal disposal site on land. (3) Performance Bond. For a Class 4 Aquaculture Permit a performance bond sufficient to cover the costs of gear removal and site restoration shall be a requirement for obtaining the permit. (4) Reporting. (a) All licensed aquaculture operations shall submit annually to the Division the following information before January 31st for the preceding calendar year: 1. Production by weight, volume, or number; 2. Amount and sources of seed or juveniles purchased; 3. Source and disposition of brood stock; 4. Disease problems and unexplained mortality; 5. Use and amount of chemicals, antibiotics or drugs. (b) It shall be unlawful for the holder of an aquaculture permit to falsify or fail to submit the required annual report. (c) All information submitted pursuant to this subsection shall be held in confidence, and may not be released except in summarized form, or in response to a valid court order. (5) Inspection. All permitted aquaculture operations shall be open to inspection during regular hours of operation by employees of the Division or any officer authorized to enforce the provisions of 322 CMR 15.08(5). Said inspection may include the collection, in the presence of the owner, of the minimum number of organisms required for testing if disease or contamination is suspected. (6) Permit Restrictions. The Director may restrict the operation of the permit to address unacceptable conditions or practices at the site, or amend other restrictions, as necessary. (7) Aquaculture Gear Marking. All aquaculture gear shall be sufficiently tagged or marked with information to make such gear identifiable to the permit holder and with such other marks or tags as may be required by a municipality pursuant to M.G.L. c. 130, §§ 52 and 57.