(A) Each Shellfish Culture permittee must plant fifty bushels of shell, seed oysters, seed clams, or other approved culch, or equivalent as determined by the department, annually for each acre of bottoms in his permit. All culch planting must be done between May 1 and August 31, inclusive, except permittees may replant green oyster shell from current operations if the shell is replanted within three days after gathering. Seed oysters and seed clams may be planted at any time of the year. All planting must be done only after notice to and with the approval of the department.

(B) The department may allow credit for planting on shellfish bottoms not under permit. If the plantings are previously approved by the department, credit must be given toward the permittee’s annual quota in an amount equal to two times that of the number of bushels actually planted.

(C) The department may provide incentives to permittees for improved or innovative management and cultivation techniques in the form of additional planting credits or planting variances.

(D) If a permittee does not plant the required quota of approved culch or seed, his permit must be revoked or the permitted acreage reduced based upon the percentage of quota actually planted. In the event a permittee believes a permitted area, or a portion thereof, does not require planting for reasons of sound management, he must apply in writing to the department for a variance in his annual quota. The decision as to whether or not the bottoms must be planted or a variance given is within the discretion of the department. One cubic yard of approved culch is considered as twenty-one and seven-tenths bushels.

(E) The provisions of this section do not apply to Shellfish Mariculture Permits.