1. (1) Subject to department approval and permit conditions, shellfish from certified areas without the State may be transplanted into the State throughout the year.
2. (2) Except as provided in paragraph (3) of this subdivision, shellfish from uncertified areas shall not be transplanted between the dates of October 11th and March 31st unless deemed necessary by the department to protect such shellfish from destruction by tides, winds or other natural or man-made causes.

3. (3) Subject to permit conditions, the department may allow shellfish which it determines to be of a small enough size as not to be marketable as a human food product to be transplanted no earlier than March 1st and no later than October 31st. For hard clams (Mercenaria mercenaria) this size shall be less than one-half inch in thickness; for American oysters (Crassostrea virginica) it shall be less than two inches in length. For other species the maximum size shall be established as a permit condition.

   (b) Supervision.

   All harvesting, transporting and relaying of shellfish in connection with transplant operations shall be subject to such supervision as the commissioner deems necessary to protect the public health and safety and to conform with the regulations of this Part.

   (c) Transportation.

4. (1) All shellfish being transported for transplanting purposes shall be transported by such means as the commissioner deems necessary to protect the public health and safety.
5. (2) Notwithstanding the provisions of paragraphs (1) and (2) of subdivision (b) of section 42.8 of this Title, transporters shall carry a bill of lading, or other document provided by the department, adequately identifying such shellfish as being transported in connection with a shellfish transplant project, their number and destination.

6. (d) Except as specifically authorized as a permit condition, all shellfish shall be relayed the same day as harvested.

   1. (1) Except as specified in paragraph (2) of this subdivision, certified areas to which shellfish from uncertified areas are to be relayed shall be declared uncertified by restriction placed upon permits issued pursuant to this Part. Additionally, for all public cleansing areas, notification of the uncertified area designation shall be undertaken by the department as provided in subdivision (f) of this section. As defined in section 45.1(b) of this Part, a cleansing area is a relay area within certified shellfish lands which has been temporarily declared uncertified. This designation shall become effective on the commencement of transplanting activities and, for all public cleansing areas, following notice as provided in subdivision (f) of this section. This designation shall remain in effect throughout the period of the transplanting activities. As required by section 45.3(a)(3)(vi) of this Part, each shellfish cleansing area shall be specifically identified in the associated shellfish transplant permit. Cleansing areas into which shellfish have been transplanted shall not be declared certified before the water temperature in such areas has maintained a temperature of 50°F (10°C) or higher for a minimum period of 21 consecutive days following the relay of the last shellfish thereon. If determined necessary by the department, the designation as uncertified may be extended for whatever period of time is required for the protection of the public health. For all public cleansing areas, the extension shall be effective following notice as provided in subdivision (f) of this section.
   2. (2) Relay areas shall not need to be declared uncertified when the shellfish to be transplanted thereto are of such a small size as to not be marketable as a human food product. For hard clams (Mercenaria mercenaria) this size shall be less than one-half inch in thickness; for American oysters (Crassostrea virginica) it shall be those which are less than two inches in length.
   3. (3) Notwithstanding any other provision of this Subchapter, no relay area to which shellfish have been relayed shall be designated certified until any marketable size shellfish relayed thereto have been in such area for a minimum of 21 consecutive days at a water temperature of 50°F or higher.

   (e) Relay area certification.

7. (f) Notification describing the location and reclassification of all public cleansing areas declared uncertified pursuant to this Part shall be provided by the department as follows:

   1. (1) prior written notice shall be posted in the department's regional office(s) in whose jurisdiction the affected shellfish lands are located;
   2. (2) prior written notice, for posting purposes, shall be provided to the main office of the political subdivision within whose jurisdiction the affected shellfish lands are located;
   3. (3) prior written notice shall be mailed to the holders of valid State digger's permits resident in the political subdivision within whose jurisdiction the affected shellfish lands are located; and
   4. (4) prior to the commencement of transplanting activities, uncertified area designation signs shall be posted at the location of the affected shellfish lands.

(a) Periods of transplanting.