(1)
|
The Authority shall assure
that shellstock are harvested only
as provided in this Chapter. |
(2)
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The Authority shall patrol
harvest areas classified as
restricted, conditionally restricted, or prohibited, or conditionally
approved and approved when in the closed status at sufficient intervals
to deter illegal harvesting. This patrol activity shall include
consideration of the need for night, weekend, and holiday patrols. At a
minimum, these growing areas shall be patrolled at the following
frequencies, except as provided in B.(3), in order to ensure effective
control:
Risk Category |
Minimum Frequency of Patrol |
Low |
Four (4) times per 30 harvestable days |
Medium |
Eight (8) times per 30 harvestable days |
High |
Sixteen (16) times per 30 harvestable
days |
A patrol is accomplished when the majority of an area is monitored. No
more than two patrols can be counted in a 24-hour period, and each must
be a separate deliberate effort. A harvestable day refers to a day
during which tidal, weather and other conditions make it possible to
harvest shellfish. When tidal, weather, or other conditions prohibit
harvesting on a particular day, that day is not included in the 30-day
period. |
(3)
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Exceptions.
(a)
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Patrol is not required
under the following conditions:
(i)
|
There is no
shellfish productivity, as demonstrated
by one of the following methods:
- pH, salinity, temperature, or turbidity are
not
favorable to the growth of shellfish; or
- The water bottom does not support shellfish
growth; or
- The area has been depleted of shellfish by
dredging, disease, or other means;
|
(ii)
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Harvest from the
area is not economically feasible
(i.e., the cost of harvesting exceeds the market value of the product) |
(iii)
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The area meets
all of the following conditions:
- The area is unclassified;
- Historically there has not been interest in
commercial harvesting;
- Known points of pollution do not exist; and
- The Authority has current evidence that
commercial harvesting does not occur. This can be accomplished by
information gathered from periodic patrols or reliable non-patrol
sources.
|
|
(b)
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Where natural sets
resulting in commercially harvestable
quantities of shellfish do not exist and advanced aquaculture methods
(e.g. racks, bags, lantern nets, long lines and/or floats) are used in
the area: The area shall be patrolled at the frequencies specified in
§B. (2) unless the authority develops and implements a Risk Management
Plan for the area for the prevention of illegal harvesting of
shellfish. The Risk Management Plan shall include monitoring and
control of surveillance activities that supplement the minimum required
patrol frequency of one (1) time per 30 harvestable days. The Risk
Management Plan at least should include the following:
(a)
|
Description of
the area; |
(b)
|
Classification
of the area; |
(c)
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Description of
adjacent growing areas; |
(d)
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Procedure used
to prevent shellfish from prohibited
or closed waters to be commingled with shellfish from an aquaculture
area; and |
(e)
|
If, the patrol
agency receives assistance from other
state, federal, or tribal agencies, a memorandum of agreement must be
developed describing responsibilities of each agency. A copy of such
MOA must be kept in a central file. |
|
(c)
|
If the area is
geographically remote, sparsely populated
and has limited access (e.g., no or very poor roads) such that the
potential for marketing the shellfish is severely restricted:
(i)
|
The area shall
be patrolled at the frequencies
specified in § B. (2) unless the authority develops and implements a
Risk Management Plan for the area for the prevention of illegal
harvesting of shellfish. The Risk Management Plan shall include
monitoring and control of surveillance activities (e.g. airport, dock,
border, or truck surveillance) that will be used in lieu of traditional
patrol activities, and the area should be patrolled at least one (1)
time per 30 harvestable days. The Risk Management Plan shall describe
the administrative procedures and resources necessary to prevent
illegal harvesting and/ or the illegal commingling of the product and
include at least the following:
- Description of the area;
- Classification of the area;
- Description of adjacent growing areas; and
- If the patrol agency receives assistance
from
other state, federal, or tribal agencies, a memorandum of agreement
must be developed describing responsibilities from each agency. A copy
of such MOA must be kept in a central file.
|
(ii)
|
If the Authority
has current evidence that commercial
illegal harvesting is occurring, the Management Risk Plan should be
reevaluated. |
|
(d)
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Where the entire state
is closed to harvesting during
traditional non-harvesting seasons:
(i)
|
The area shall
be patrolled at the frequencies
specified in § B. (2) unless the authority develops and implements a
Risk Management Plan for the area for the prevention of illegal
harvesting of shellfish. The Risk Management Plan shall include
monitoring and control of surveillance activities (e.g. airport, dock,
border, or truck surveillance) that will be used in lieu of traditional
patrol activities. The Risk Management Plan shall describe the
administrative procedures and resources necessary to prevent illegal
harvesting and/ or the illegal commingling of the product and include
at least the following:
- Description of the area;
- Classification of the area;
- Description of adjacent growing areas; and
- If the patrol agency receives assistance
from
other state, federal, or tribal agencies, a memorandum of agreement
must be developed describing responsibilities from each agency. A copy
of such MOA must be kept in a central file.
|
(ii)
|
The area shall
be patrolled in low risk areas at
least once (1) per 30 harvestable days, for medium risk areas at least
twice (2) per 30 harvestable days, and for high-risk areas at least
four (4) times per 30 harvestable days. |
(iii)
|
If the Authority
has current evidence that commercial
illegal harvesting is occurring, the state agency shall resume patrol
at the frequency specified in B. (2). |
|
|
(4)
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The Risk Category for an
area shall be determined as follows:
(a)
|
Shellfish
Productivity. Estimate the abundance of
shellfish based on density studies, historical information, and
environmental conditions described in B.(3)(a). Consider only
commercially marketable species. The descriptions below refer to the
range of productivity within the state. The area shall be rated based
on the highest density in any portion of the growing area.
- Low Production - 1
- Medium Productivity - 3
- High Productivity - 5
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(b)
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Ease of Harvest.
Determine the method used to harvest the
shellfish. If multiple harvest techniques are used in an area, select
the one with the highest score.
- Highly
mechanized requiring expensive equipment, deep
water, difficult harvest - 1
- Restricted
access aquaculture relative shallow water
dredging - 2
- Scuba diving,
tongng, bullraking - 3
- Hand collection
from a boat - 4
- Hand collection,
no special tools or boat - 5
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(c)
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Difficulty of Patrol.
Determine the difficulty of patrol.
If the difficulty varies in an area, select the description with the
highest score.
- Resource within
sight of population and a normal
patrol route. Patrol Officer can observe illegal harvesting from the
patrol vehicle - 1
- Resource is near
a shore and easily visible - 2
- Moderate
difficulty, deliberate effort is required to
provide coverage to the area - 3
- Long travel time
to growing area, large open expanse
of harvest area - 4
- Growing area is
a marsh, short sight distance, canals
system, extensive shoals - 5
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(d)
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Using the values
determined in B.(4)(a), (b), and (c),
calculate the total score for the area as follows:
Risk
Factors |
Score (1-5) |
Weight |
Rating |
Explain
Rating
(optional) |
Adjustment
of Rating
(if needed) |
Shellfish Productivity
(a) |
|
0.40 |
|
|
|
Ease of Harvest
(b) |
|
0.40 |
|
|
|
Difficulty of Patrol
(c) |
|
0.20 |
|
|
|
|
|
|
Subtotal |
|
|
The rating for each risk factor is calculated by multiplying the risk
factor score by the weight for that factor. The subtotal is calculated
by adding all three of the risk factor ratings.
|
(e) |
The following criteria
should be used to adjust the
rating, if warranted:
(i)
|
If a
community-policing program is in place, the
subtotal may be reduced by up to 0.25 points. If such a program leads
to frequent citations, the subtotal may be reduced by up to 0.5 points.
Community policing may include but is not limited to telephone hot
lines, out-reach programs, financial incentives, local law enforcement
activities not covered by B.(5), or private security arrangements. |
(ii)
|
If specialized
equipment is available to the patrol
agency, the subtotal may be reduced by up to 0.40 points. The actual
reduction should be dependent upon the type of equipment that is
available and its frequency of use. For example, frequent use of an
aircraft can warrant a 0.4 point reduction, and frequent use of night
vision or periodic use of aircraft can warrant a 0.2 point reduction. |
(iii)
|
If a growing
area is conditionally managed or is
poorly marked, the subtotal may be increased by up to 0.2 point. Adding
or subtracting the appropriate adjustment(s) calculates the total
score. |
|
(f) |
The following risk
categories shall be applied to the
total score:
Total Score |
Risk Category |
less than 3 |
Low |
3 or less than 4 |
Medium |
4 or greater |
High |
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(5)
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The Authority may delegate
patrol activity to any State or
local enforcement authority. If patrol activities are delegated, the
Authority shall:
(a)
|
Develop an memorandum
of agreement with the delegated
agency to assure that patrol requirements are met; and |
(b)
|
Require the delegated
agency to maintain and file records
of its patrol activities consistent with those required in B.(7). |
|
(6) |
Officers responsible for the
patrol of shellfish growing
areas shall obtain the following training:
(a)
|
Basic law enforcement
training, before assuming their
patrol duties; |
(b)
|
Training on shellfish
control regulations within the
jurisdiction of the patrol agency, before assuming independent patrol
duties; |
(c)
|
In-service training on
the shellfish control regulations
within the jurisdiction of the patrol agency, when the regulations
change |
|
(7) |
The Authority shall prepare
and revise, as necessary, a
patrol policy document which records the Authority's patrol
organization and its activities to deter illegal shellstock harvesting.
This documentation shall include:
(a)
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Citation of the law
providing the legal basis for
enforcement authority; |
(b)
|
Citation of the laws
and regulations, including
penalties, which are directly related to effective control of illegal
harvest activities; |
(c)
|
The organizational
structure of the unit responsible for
patrol activities, including;
(i)
|
Patrol unit(s)
name, address, and phone number; |
(ii)
|
The roster and
chain of command; |
(iii)
|
Area assignments
that support the frequencies of
patrol delineated in B.(2); and |
(iv)
|
A listing of
specific vessels, vehicles, and
equipment that support the frequencies of patrol delineated in B.(2); |
|
(d)
|
Summaries of training
in shellfish patrol techniques; |
(e) |
The methods used to
inform officers of growing area
classifications and status, and of any special activities licensed in
the area; |
(f) |
A listing of growing
areas where patrol is required; |
(g) |
An identification of
any patrol problems; |
(h) |
The type and frequency
of reporting by patrol personnel; |
(i) |
Copy of agreements
with other agencies responsible for
shellfish control activities; and |
(j) |
Citations/summons for
the past year. If available, this
information may include:
(i)
|
The number of
convictions or dismissals; |
(ii)
|
Fines in dollar
amount; |
(iii)
|
Equipment or
property confiscations and forfeitures; |
(iv)
|
License
suspensions or revocations; and |
(v)
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Jail sentences;
and |
(vi)
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Written warnings. |
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(8) |
Upon request by FDA, the
Authority shall provide any
available documentation that is used to support the determination that
the patrol program was effective in providing the required frequency of
patrol. Ordinarily, this does not include providing reports not
normally maintained by the Authority. |
(9) |
To comply with the
Standardized Evaluation Criteria, the
authority shall:
(a)
|
Have a patrol policy
document (Critical item); |
(b)
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Update patrol
documents every year (Key item); |
(c)
|
Meet NSSP patrol
training requirements (Key item); |
(d)
|
Patrol all areas that
require patrol (Critical item); |
(e) |
Meet NSSP requirements
for frequency of patrol (Key item); |
(f) |
Have formalized
Memorandum of Agreement with other agency
per Chapter VIII@.01B(5) (Key item); |
(g) |
Have a risk management
plan per chapter
VII@.01B(3)(b)(c)(d) (Critical item); and |
(h) |
Have a complete risk
management plan per Chapter
VIII@.01B(3)(b)(c)(d) (Other item).
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