Md. Code Regs. 08.02.02.04

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

Section 08.02.02.04 - Container and Tagging Requirements

A. Definition.

(1) In this regulation, the following term has the meaning indicated.

(2) Term Defined. "Growing area" means the location, defined by the specific NOAA code for the area in which the harvest occurred.

B. Containers.

(1) Soft-shell clams of the species Mya arenaria harvested for commercial purposes shall:

(a) Be stored prior to leaving the growing area from which they were harvested in a rectangular shaped container with dimensions that do not exceed 20 inches long by 121/2 inches wide by 111/4 inches deep (inside measurements), which may be filled to a level even with the top of the basket from side to side and end to end; and

(b) Remain in the original container until a tag is no longer required on the container in accordance with §C(3)(d) of this regulation.

(2) Soft-shell clams of the genus Tagelus harvested for commercial purposes shall be stored prior to leaving the growing area from which they were harvested in a container of any size or dimension.

C. Tagging - Mya Arenaria.

(1) An individual shall complete and affix a Department-issued tag to each container of soft-shell clams of the species Mya arenaria prior to leaving the growing area from which they were harvested.

(2) An individual may use a tag not supplied by the Department if:

(a) The individual:

(i) 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) Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; and

(b) Each tag the individual uses contains the statement "Wild Shellfish", the state in which the harvest occurred, and, in the order specified, the following information:

(i) The harvester's license number as assigned by the Department;

(ii) The date of harvest, including the year;

(iii) The name of the river, region, or the National Oceanic and Atmospheric Administration code for the area in which the harvest occurred;

(iv) The type and quantity of shellfish; and

(v) The statement "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS" in bold capitalized type.

(3) Tags:

(a) Shall be durable and waterproof;

(b) Shall be at least 51/2 x 23/4 inches in size;

(c) Shall be completed legibly in indelible ink;

(d) Shall stay affixed to the container until the container is in the possession of 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

(e) May not be reused.

(4) In addition to the tagging requirements of this regulation, 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 shall follow the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01.

(5) An individual shall only possess one type of tag, wild shellfish or farm-raised shellfish, while harvesting soft-shell clams.

(6) An individual may not use a:

(a) Farm-raised shellfish tag to tag wild shellfish; or

(b) Wild shellfish tag to tag farm-raised shellfish.

(7) If a tidal fish licensee obtains tags from the Department, the licensee shall be assessed an annual surcharge for the costs incurred by the Department for the tags.

D. Exemptions.

(1) Soft-shell clams harvested recreationally for the person's own use and consumption are exempt from the requirements of §B of this regulation.

(2) Soft-shell clams harvested from a lease and stored and tagged in accordance with COMAR 08.02.23.04 are exempt from the requirements of §§B and C of this regulation.

Md. Code Regs. 08.02.02.04

Regulation .04 amended effective June 30, 1978 (5:13 Md. R. 1042)
Regulation .04 amended as an emergency provision effective June 14, 1987 (14:14 Md. R. 1563); emergency status expired October 12, 1987
Regulation .04 amended effective October 19, 1987 (14:21 Md. R. 2222); June 12, 1989 (16:11 Md. R. 1218); November 9, 1992 (19:22 Md. R. 1987)
Regulation .04C amended effective April 7, 2008 (35:7 Md. R. 747)
Regulation .04D amended as an emergency provision effective December 8, 1993 (20:26 Md. R. 2023); amended permanently effective March 28, 1994 (21:6 Md. R. 466); adopted effective 50:22 Md. R. 973, eff. 11/13/2023