Md. Code Regs. 08.02.02.06

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

Section 08.02.02.06 - Harvesting Razor Clams (Genus Tagelus) from Restricted Areas

A. The harvest of razor clams for use as bait may occur in an area restricted or conditionally approved for harvest by the Department of the Environment only under the following conditions:

(1) The Department may not issue more than 30 permits to harvest razor clams in any one area;

(2) At the time of harvest, the individual shall possess the appropriate tidal fish license and razor clam permit issued by the Department;

(3) Before leaving the harvest area, every razor clam harvested under this section shall be dyed with U.S. Food, Drug, and Cosmetic Act FD&C Blue No. 1 food dye as specified in 21 CFR § 74.101, by completely immersing the razor clam in the dye to impart a visible color to the razor clam; and

(4) An individual may not harvest or possess any other clam or oyster on board the vessel while harvesting or possessing razor clams from a restricted or conditionally approved area.

B. The Department shall establish by public notice the following:

(1) The area open to harvest;

(2) The days and times open to harvest; and

(3) A catch limit.

C. Any razor clams harvested under §A of this regulation:

(1) May only be used or sold as bait;

(2) May not be used or sold for human consumption; and

(3) May not be transported or stored with soft-shell clams, hard-shell clams, or oysters that will be used or sold for human consumption.

D. General Provisions.

(1) Razor clam permits may be issued by the Department at no charge to the first 30 commercial licensees who submit a valid application to the Department.

(2) An individual permitted to harvest razor clams shall maintain and submit records as required by the Department. Failure to submit records shall serve as a basis for the Department's denial of a subsequent razor clam permit.

(3) The Secretary may designate and establish a catch limit for the harvest of razor clams for use as bait by publishing notice in a daily newspaper of general circulation, at least 48 hours in advance of the opening or closure, which designates and states the area, effective hour, and date.

(4) The Secretary shall make a reasonable effort to disseminate public notice through various other media so that an affected individual has reasonable opportunity to be informed.

Md. Code Regs. 08.02.02.06

Regulation .06 amended effective February 14, 2005 (32:3 Md. R. 289)
Regulation .06B, C amended as an emergency provision effective May 18, 1978 (5:11 Md. R. 878); adopted permanently effective December 1, 1978 (5:24 Md. R. 1796)
Regulations .06B, C amended, as an emergency provision effective June 1, 1989 (16:11 Md. R. 1216)
Regulation .06B, C amended effective May 28, 1990 (17:10 Md. R. 1218); April 15, 1991 (18:7 Md. R. 771); April 7, 2008 (35:7 Md. R. 747)
Regulation .06C amended as an emergency provision effective September 7, 1994 (21:20 Md. R. 1729); emergency status expired October 1, 1994; amended and recodified from .09 effective 50:22 Md. R. 973, eff. 11/13/2023