• This page, In the Matter of David Paine and Shellfish Propagation Permit Shellfish Propagation Permit No. 153166, Shellfish and Seaworms Permit No. 162579 and Shellfish Transaction Card, is   offered by
  • Division of Marine Fisheries
Decision

Decision  In the Matter of David Paine and Shellfish Propagation Permit Shellfish Propagation Permit No. 153166, Shellfish and Seaworms Permit No. 162579 and Shellfish Transaction Card

Date: 07/21/2015
Organization: Division of Marine Fisheries
Docket Number: SPP-153166-15-KC
  • Claimant: Sgt. Kevin Clayton, ELE
  • Respondent: David Paine
  • Presiding Officer: David C. Hoover

Matter involved violations of state's sanitation rules necessary to safeguard public heath. This included: (1) direct sale of shellfish to entity other than a wholesale dealer authorized as a primary buyer of shellfish; (2) transportation of market bound shellfish to location other than the facility of a wholesale dealer authorized as a primary buyer of shellfish; (3) possession and sale of shellfish without a complete and accurate shellfish harvester tag affixed to each container of shellfish; and (4) possession and sale of oysters during the Vibrio Control Season without a complete and accurate shellfish icing tag. Paine did not appear at the adjudicatory hearing and a default judgement was entered. The Final Agency Action resulted in the permanent revocation of Paine's Commercial Shellfish Permit, Transaction Card, and Shellfish Propagation Permit.  

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Key Terms: Vibrio Management Season; transport of market bound oysters; sale of shellfish to entity other than primary buyer; shellfish harvest tags; oyster icing tags.

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