BOSTON (AP) – Shellfish closures linked to red tide in waters off Maine, New Hampshire and Massachusetts have caused a commercial fishery failure, a designation that opens the door to federal disaster assistance to shellfishermen and others in the industry.

The announcement Friday by Commerce Secretary Carlos Gutierrez comes in response to a request two months ago by Massachusetts Gov. Deval Patrick.

“This disaster declaration is a lifeline for thousands of our shellfishermen. Communities up and down our coast have been walloped by the latest red tide contamination and will now be eligible for federal financial assistance,” said Sen. John Kerry, D-Mass.

Kerry, Sen. Edward Kennedy and the rest of the Massachusetts congressional delegation supported Patrick’s request for federal disaster assistance.

Kennedy praised President George W. Bush for issuing the disaster declaration and Patrick for his leadership in seeking that certification, according to a statement released by his spokeswoman.

.Melissa Wagoner.

Shellfish closures arising from the toxic algae bloom began in May in waters off Massachusetts and spread north to New Hampshire and Maine.

The closings bar the harvest of clams, mussels, oysters and other shellfish where red tide has been detected. Eating clams, mussels and other shellfish with high levels of the toxin can cause potentially fatal paralytic shellfish poisoning.

In some areas, red tide reached record levels early in the summer.

The contamination was so high that the state, for the first time, detected potentially toxic levels in the tomalley, or liver, of lobsters. That led the U.S. Food and Drug Administration to reiterate its long-standing warnings against eating lobster tomalley.

By August, red tide levels began dropping. Since then, some closings have been lifted, but many areas still remain off-limits to harvesting.

AP-ES-11-14-08 1606EST

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