Md. Code Regs. 08.02.02.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.02.02.03 - Commercial Fishery

A. An individual may not catch soft-shell clams for commercial purposes on Sunday.

B. Size Limit. An individual licensed to catch soft-shell clams for commercial purposes may not possess more than 40 soft-shell clams of the species Mya arenaria per container that measure less than 2 inches along the longest dimension of the shell.

C. Catch Limit. The daily commercial catch limit of soft-shell clams of the species Mya arenaria is:

(1) 15 containers from May 15 through October 31; and

(2) 8 containers from November 1 through May 14.

D. Times for Harvesting, Landing, and Delivering.

(1) From May 1 through September 30, an individual harvesting soft-shell clams for commercial purposes:

(a) May harvest soft-shell clams only between 1/2 hour before sunrise and 1 p.m.;

(b) Shall land soft-shell clams not later than 3 p.m. on the same day of harvest; and

(c) Shall deliver soft-shell clams of the species Mya arenaria:

(i) To a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and

(ii) Not later than 4 p.m. on the same day of harvest.

(2) From October 1 through April 30, an individual harvesting soft-shell clams for commercial purposes:

(a) May harvest soft-shell clams only between sunrise and sunset;

(b) Shall land soft-shell clams not later than 1 hour after sunset on the same day of harvest; and

(c) Shall deliver soft-shell clams of the species Mya arenaria:

(i) To a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and

(ii) Not later than 9 p.m. on the same day of harvest.

(3) An individual shall notify the Natural Resources Police when there is an emergency which would prevent compliance with the times specified in this section.

E. Soft-shell clams of the species Mya arenaria may only be sold in accordance with COMAR 08.02.08.02.

F. A person may not expose soft-shell clams harvested for human consumption to contamination from any source.

G. In addition to the requirements of this chapter, a tidal fish licensee who harvests soft-shell clams that will be provided for human consumption shall harvest soft-shell clams in accordance with the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A.

H. An individual licensed to harvest soft-shell clams for commercial purposes may not provide or sell soft-shell clams of the genus Tagelus for human consumption.

Md. Code Regs. 08.02.02.03

Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 747); adopted effective 50:22 Md. R. 973, eff. 11/13/2023