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 diverís 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 one diver on the boat, a different attendant shall be present for each diver.

(5) A diving flag that is a rigid replica of the International Code Flag "A" not less than 1 meter in height shall be displayed while the diver is in the water.

B. Distances Required. A person may not conduct a shellfish harvesting operation within 50 feet of a vessel involved in a diving operation.

C. Power assisted lifting devices including, but not limited to, hydraulic winders or motor driven windlasses may be used subject to the following conditions:

(1) The total length of cable or rope on the winding apparatus may not exceed 100 feet; or

(2) The container used when lifting the oysters from the bottom to the vessel shall be rigged with a self-closing lid that is automatically held in the closed position by the pressure of the retrieval line while the container is being retrieved.