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08.02.04.00.htm 08.02.04.00. Title 08 DEPARTMENT OF NATURAL RESOURCES Subtitle 02 FISHERIES SERVICE Chapter 04 Oysters Authority: Natural Resources Article, §4-215, 4-2A-03, 4-701, 4-1008.1, 4-1009, 4-1009.1, 4-1012, 4-1013, 4-1015, 4-1015.1, 4-1018, 4-1019, 4-1019.2, 4-1103, 4-1106, 4-11A-04, 4-11A-05, 4-11A-12, Annotated Code of Maryland
08.02.04.01.htm 08.02.04.01. 01 Patent Tong Areas.. A. A person may not use patent tongs to catch oysters in any of the waters listed in this section.. 1) Tidal waters of the following counties, other than those waters included as part of the Chesapeake Bay, Tangier Sound, and Pocomoke Sound as defined by COMAR 08.02.01.06B:a) Wicomico County;. b) Queen Anne’s County, except as provided in §B(5) of this regulation;. c) Talbot County;. d) Dorchester County; and.
08.02.04.02.htm 08.02.04.02. 02 Recreational Oyster Fishery.. A. The recreational season, daily catch limits, days of the week, and times for catching oysters shall be established, and may be modified, through a public notice issued in accordance with Regulation .11 of this chapter.B. The Department shall issue a public notice that establishes the parameters described in §A of this regulation for the recreational oyster fishery not later than July 1 of each year.C. Prohibition. Except as
08.02.04.03.htm 08.02.04.03. 03 Catching Oysters for Commercial Purposes.. A. Season, Days, and Catch Limits.. 1) The season for catching oysters and the days of the week that an individual may catch oysters for commercial purposes shall be established for each gear type, and may be modified, through a public notice issued in accordance with Regulation .11 of this chapter.2) The daily commercial catch limits shall be established for each gear type, and may be modified, through a public notice is
08.02.04.04.htm 08.02.04.04. 04 Oyster Container and Tagging Requirements.. A. Containers.. 1) Oysters harvested from waters of the State shall be stored prior to leaving the bar from which they were harvested in a:a) Metal oyster tub that does not exceed the following inside dimensions:. i) 18 inches top diameter;. ii) 16-1/2 inches bottom diameter; and. iii) 12 inches height;. b) Rectangular shaped container that does not exceed the following inside dimensions:. i) 12-5/8 inches width across the top;.
08.02.04.05.htm 08.02.04.05. 05 Use of Diving Apparatus to Catch Oysters Commercially.. A. General Requirements.. 1) When using diving apparatus to catch oysters for commercial purposes, the diver or the diver’s attendant shall be authorized to catch oysters for commercial purposes in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.2) Not more than two divers may work from a boat at one time.. 3) Each diver shall have one attendant on the boat.. 4) If there is more than
08.02.04.06.htm 08.02.04.06. 06 Daily Catch Limit ― Repealed..
08.02.04.07.htm 08.02.04.07. 07 Election of Committees of Oystermen.. A. Eligibility for Oyster Committee Members. A licensed oyster harvester who has paid the oyster license surcharge for the current license year or for at least one of the previous two license years is eligible to be a representative on a county oyster committee.B. Balloting Procedure.. 1) When an election for a county is to be held, the Department shall publish notice of the election on the Department’s website. The notice shall stat
08.02.04.08.htm 08.02.04.08. 08 Dredge Boat Areas.. A. Except as listed in §B of this regulation a person may catch oysters by a dredge boat, as defined in Natural Resources Article, §4-1001(g) Annotated Code of Maryland, only in the following waters:1) All of the waters of Hoopers Straits enclosed by a line beginning at a point defined by Lat. 38°11.923’ N, Long. 76°5.674’ W; then running 309° True to a point defined by the shore of Richland Point defined by Lat. 38°14.846’ N, Long. 76°10.332’ W
08.02.04.09.htm 08.02.04.09. 09 Areas Reserved for Hand Tonging, Exceptions.. Except in areas established as oyster sanctuaries in Regulation .15A of this chapter or power dredge areas in Regulation .12B of this chapter, oysters may be taken only by hand tongs in the following areas, except that scooping, dredging, or scraping by hand may be permitted by the Department in certain areas reserved for hand tonging when watermen are denied access to oyster taking because of iciA. Wicomico River, Charle
08.02.04.10.htm 08.02.04.10. 10 Dredging with an Auxiliary Yawl Boat.. A. A dredge boat may be propelled by means of an auxiliary yawl boat carried on the dredge boat to catch oysters in areas where dredge boats are permitted, except in:1) The waters upstream of a line in the Choptank River extending from a point at or near Martin Point defined by Lat. 38°37.695’ N, Long. 76°7.323’ W; then running approximately 212° True to a point defined by Lat. 38°36.791’ N, Long. 76°8.067’ W;2) All of the waters encl
08.02.04.11.htm 08.02.04.11. 11 General Provisions.. A. Definitions.. 1) In this chapter, the following terms have the meanings indicated.. 2) Terms Defined.. a) “Bushel” means an amount of oysters that would fill a container that meets the requirements of Regulation .04A of this chapter.b) Oyster Harvest Area.. i) “Oyster harvest area” means submerged ground where an individual may catch oysters.. ii) “Oyster harvest area” does not include an area leased for aquaculture, restricted by the Marylan
08.02.04.12.htm 08.02.04.12. 12 Power Dredging.. A. General.. 1) Notwithstanding Natural Resources Article, §4-1012(b) Annotated Code of Maryland, a power dredge may only be used in the following areas:a) Leased areas;. b) Power Dredge Zones established in §B of this regulation;. c) Power Dredge Study Areas established in §C of this regulation; and. d) Portions of the Wild Grounds Study Area established in §D(1) of this regulation that have been opened in accordance with §E of this regulation.
08.02.04.13.htm 08.02.04.13. 13 Harvest Reserve Area ― Definition and Listing.. A. Definitions.. 1) In this regulation and Regulation .14 of this chapter, the following terms have the meaning indicated.2) Terms Defined.. a) "Harvest reserve" means an area designated by the Department for the restoration and harvesting of oysters on a rotational basis.b) "Restoration" means an action to provide ecological benefits and increase oyster population.. c) "Harvest" means to take, kill, trap, gather, ca
08.02.04.14.htm 08.02.04.14. 14 Harvest Reserve Area ― Management and Establishment.. A. An individual licensed to catch oysters for commercial purposes shall cull the oysters on the harvest reserve from which they were caught and return every shell to the bar.B. An individual licensed to catch oysters for commercial purposes may not catch or possess oysters from an area not designated as a harvest reserve while in possession of oysters from a harvest reserve area.C. An individual may not
08.02.04.15.htm 08.02.04.15. 15 Oyster Sanctuaries.. A. Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries (September 2010) designates oyster sanctuaries in the Chesapeake Bay and its tidal tributaries and is hereby incorporated by reference.B. Harvest from a Sanctuary.. 1) A person may not harvest wild oysters from a sanctuary established in §A of this regulation.. 2) Except as provided in §B(3) of this regulation, a person may not harvest clams from a sanctuary designated in Section I of
08.02.04.16.htm 08.02.04.16. 16 Recording the Catching and Disposal of Oysters.. A. Shellfish Buy Ticket.. 1) Notwithstanding Natural Resources Article, §4-1007, Annotated Code of Maryland, §A(2) and (3) of this regulation do not apply to the sale or purchase of oysters harvested from a leased area.2) When oysters are sold to a buying station:. a) The seller shall provide the information necessary for the buyer to complete a Department-issued Shellfish Buy Ticket;
08.02.04.17.htm 08.02.04.17. 17 Public Shellfish Fishery Area.. A. Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (November 2019) designates public shellfish fishery areas in the Chesapeake Bay and its tidal tributaries and is hereby incorporated by reference.B. Declassification.. 1) A person may petition the Department to declassify a portion of a public shellfish fishery area by submitting a lease application as described in COMAR 08.02.23.03A or B and Natural Resources Artic
08.02.04.9999.htm 08.02.04.9999. Administrative History Effective date: July 23, 1975 (2:16 Md. R. 1138). Regulation .01 amended effective November 29, 2010 (37:24 Md. R. 1657) October 7, 2019 (46:20 Md. R. 843)Regulation .02 amended effective August 15, 1983 (10:16 Md. R. 1450) June 21, 1993 (20:12 Md. R. 996)Regulation .02 amended as an emergency provision effective September 14, 1998 (25:21 Md. R. 1570) amended permanently effective December 28, 1998 (25:26 Md. R. 1919)Regulation .02 amended ef
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