08.02.08.07

.07 Surf Clams.

A. Closed Area for Harvesting Surf Clams and Exceptions.

(1) A person may not catch, attempt to catch, or possess any surf clams from Maryland waters which extend from the Maryland shore to 3 miles offshore, except as permitted here.

(2) Exceptions. A person may harvest surf clams from Maryland waters in cooperation with a scientific investigation of the Department of Natural Resources and cooperating persons having a valid scientific collecting permit.

B. Minimum Size for Offshore Surf Clams and Exceptions.

(1) A person may not possess or land surf clams, harvested from offshore waters, which extend from 3—200 miles offshore, which measure less than 5-1/2 inches at the longest dimension of the surf clam except as provided in §B(2).

(2) Exceptions.

(a) Ten percent of all full cages in possession, to the nearest whole cage, or at least one cage, can be withheld by the operator from inspection by the authorized officer; and

(b) As many as 240 surf clams in any full cage inspected by the authorized officer may be less than 5-1/2 inches in length.

C. Effective Period of These Sections. On the basis of study findings and interpretations, the Secretary of Natural Resources shall annually determine whether the provisions of §A shall remain in force. At the same time, if those provisions are to remain in force, he shall determine what, if any, changes are necessary.