Md. Code Regs. 08.02.02.05

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

Section 08.02.02.05 - Refrigeration of Soft-Shell Clams (Mya Arenaria) - Methods and Procedures

A. General Requirements from April 15-October 31.

(1) From April 15 through October 31, an individual who harvests soft-shell clams of the species Mya arenaria shall immediately place the harvested soft-shell clams into either an operating mechanical refrigeration unit or an insulated storage unit cooled with ice or ice packs.

(2) The internal temperature of soft-shell clams harvested shall be maintained at 60°F or lower while on board a vessel and while in transport over land.

(3) The internal temperature of soft-shell clams shall be maintained at 60°F or lower until delivered to a shipper certified by the Department of Health and Mental Hygiene.

(4) A portion of a daily catch of soft-shell clams may be confiscated by authorized officers of the Department of Natural Resources or the Maryland Department of Health, if the internal temperature of samples taken at a checking station is greater than 60°F in more than one container or basket as defined in Regulation .04 of this chapter.

(5) Containers on board a vessel used to ice, water cool, air cool, or otherwise refrigerate soft-shell clams shall be constructed of impervious material such as stainless steel, galvanized metal, nonporous metals, fiberglass, sealed marine plywood, or other approved materials sufficiently durable to withstand daily cleaning or disinfection. Interior surfaces of containers may not be constructed of potentially toxic materials such as wood treated with preservatives or lead. The containers shall be:

(a) Insulated in the walls, top, ceiling, floor, and lid with a minimum of 2 inches of high density styrofoam, high density urethane, or equivalent necessary to maintain temperatures of clams at 60°F or less;

(b) Equipped with a bottom drain not less than 1/2 inch in diameter for units that hold 2 bushels of soft-shell clams or less, or not less than 1-1/2 inches for units that hold more than 2 bushels of soft-shell clams;

(c) Sealed to prevent loss of cold air, and if the interior joints are not continuous molds, the joints of the unit shall be sealed with a smooth bead of silicone sealer or other equally impervious material;

(d) Cleaned or disinfected daily with a disinfectant solution of 100 parts per million of chlorine or equivalent (2 tablespoons or 1 ounce per gallon of water);

(e) Installed or located on the decking or flooring of the vessel. The container may extend below the decking if there is no potential direct connection between the bilge and the inside of the container. Drains emptying directly overboard shall be installed in such a manner as to preclude contaminated water from contacting the soft-shell clams.

(6) Soft-shell clams of the species Mya arenaria transported by a vehicle shall be placed in an insulated storage unit, cooled mechanically or with ice or ice packs, and maintained at 60°F or lower while in transport.

B. Approved Methods for Refrigeration of Soft-Shell Clams (Mya Arenaria).

(1) The methods described in this section may be employed to cool and maintain the internal temperature of soft-shell clams at or below 60°F.

(2) Cold water refrigeration which submerges soft-shell clams or uses a trickle or spray unit which does not recirculate chilled water may be employed. A trickle or spray unit shall have:

(a) An intake for the water located on the opposite side of the hydraulic dredge and not less than 4 feet from any bilge pump discharge or other overboard discharges; and

(b) Water intakes with a shutoff valve conveniently located so that contaminated water sources can be immediately shut off to avoid contact with clams.

(3) Cold water refrigeration which submerges soft-shell clams or uses a trickle or spray unit which recirculates chilled water may be employed. Reservoir tanks in the unit shall be:

(a) Constructed of noncorrosive material approved for potable water use;

(b) Disinfected daily with a solution of 100 parts per million chlorine or equivalent (2 tablespoons or 1 ounce per gallon of water);

(c) Drained, rinsed, and refilled frequently to prevent bacteria growth;

(d) Filled with water meeting or exceeding the criteria for approved growing waters.

(4) Chilled air refrigeration may be employed if the clam storage units meet the specifications and criteria for construction and insulation in §A(5) of this regulation.

(5) Ice, when used to refrigerate clams, shall be:

(a) Made or obtained from a potable source in compliance with with the requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A;

(b) Layered in approved containers, 2 inches of ice on top of the containers and 2 inches of ice in the middle of the container; and

(c) Stored in a manner that protects it from contamination.

C. A person may not expose soft-shell clams of the species Mya arenaria to deterioration from excessive heat from the sun or the motors of the vessel.

Md. Code Regs. 08.02.02.05

Regulation .05 amended as an emergency provision effective June 3, 1976 (3:13 Md. R. 719); amended permanently effective August 18, 1976 (3:17 Md. R. 914)
Regulation .05 amended as an emergency provision effective September 1, 1983 (10:19 Md. R. 1683); emergency status expired October 31, 1983
Regulation .05 amended effective November 18, 1996 (23:23 Md. R. 1555); amended and recodified from .10 effective 50:22 Md. R. 973, eff. 11/13/2023