.04 Bay Scallop.

A. Prohibition of Catching, Possession, or Sale of Bay Scallops; Exceptions.

(1) A person may not catch, offer for sale, purchase, or possess any bay scallop (Argopecten irradians), or any parts of bay scallop caught in Maryland waters except as permitted in this regulation.

(2) Exceptions.

(a) A person may catch bay scallops in cooperation with a scientific investigation of the Department and cooperating persons having a valid scientific collecting permit.

(b) The incidental catching of bay scallops by gear set for other species of shellfish is not considered a violation of this regulation if the bay scallops are returned to the water.

B. Possession or Sale of Bay Scallop Lawfully Taken in Another Jurisdiction. The provisions of §A of this regulation do not prohibit the entry into the State, or possession, transportation, exportation, processing, sale, offer for sale, or shipment of bay scallops which were caught in waters not under Maryland jurisdiction, if the person engaging in the activity demonstrates by a bill of sale that the bay scallops were lawfully taken and lawfully removed from another jurisdiction.