Md. Code Regs. 08.02.04.08

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

Section 08.02.04.08 - Dredge Boat Areas

A. Except as listed in §B of this regulation a person may catch oysters by a dredge boat, as defined in Natural Resources Article, § 4-1001(g), Annotated Code of Maryland, only in the following waters:

(1) All of the waters of Hoopers Straits enclosed by a line beginning at a point defined by Lat. 38°11.923' N, Long. 76°5.674' W; then running 309° True to a point defined by the shore of Richland Point defined by Lat. 38°14.846' N, Long. 76°10.332' W; then running easterly along the shore of Lower Hoopers Island to a point defined by Lat. 38°13.968' N, Long. 76°7.871' W; then running 92° True to a point defined by Lat. 38°13.93' N, Long. 76°6.66' W; then running 150° True to a point defined by Lat. 38°13.203' N, Long. 76°6.122' W; then running 165° True to the point of beginning;

(2) All of the waters of the Honga River enclosed by a line beginning at a point defined by Lat. 38°14.877' N, Long. 76°6.956' W; then running 305° True to a point defined by Lat. 38°14.974' N, Long. 76°7.134' W; then running 35° True to a point on the shore at Crab Point defined by Lat. 38°15.77' N, Long. 76°6.439' W; then running southerly along the shore to a point defined by Lat. 38°15.25' N, Long. 76°6.052' W; then running 242° True to the point of beginning;

(3) All of the waters of Dorchester and Talbot Counties enclosed by a line beginning at a point defined by Lat. 38°41.359' N, Long. 76°19.302' W; then running 107° True to a point at Benoni (Choptank River) Lighthouse, defined by Lat. 38°39.344' N, Long. 76°11.069' W; then running 123° True to a point at Chlora Point defined by Lat. 38°38.222' N, Long. 76°8.829' W; then running easterly along the shore to a point on the west side of La Trappe Creek, defined by Lat. 38°37.695' N, Long. 76°7.323' W; then running 106° True to a point on the east side of La Trappe Creek, defined by Lat. 38°37.62' N, Long. 76°6.997' W; then running southerly along the shore to a point at the south end of Howell Point defined by Lat. 38°36.675' N, Long. 76°6.646' W; then running 254° True to a point defined by Lat. 38°36.479' N, Long. 76°7.652' W; then running 308° True to a point defined by Lat. 38°36.557' N, Long. 76°7.780' W; then running 250° True to a point defined by Lat. 38° 36.507' N, Long. 76° 7.92' W; then running 320° True to a point defined by Lat. 38°36.534' N, Long. 76°7.949' W; then running 333° True to a point defined by Lat. 38°36.671' N, Long. 76°8.039' W; then running 349° True to a point defined by Lat. 38°36.846' N, Long. 76°8.08' W; then running 360° True to a point defined by Lat. 38°37.26' N, Long. 76°8.084' W; then running 356° True to a point defined by Lat. 38°37.496' N, Long. 76°8.108' W; then running 345° True to a point defined by Lat. 38°37.81' N, Long. 76°8.212' W; then running 308° True to a point defined by Lat. 38°37.866' N, Long. 76°8.302' W; then running 286° True to a point defined by Lat. 38°37.89' N, Long. 76°8.408' W; then running 272° True to a point defined by Lat. 38°37.898' N, Long. 76°8.684' W; then running 267° True to a point defined by Lat. 38°37.884' N, Long. 76°9.023' W; then running 283° True to a point defined by Lat. 38°37.933' N, Long. 76°9.296' W; then running 302° True to a point defined by Lat. 38°38.095' N, Long. 76°9.631' W; then running 314° True to a point defined by Lat. 38°38.536' N, Long. 76° 10.221' W; then running 303° True to a point defined by Lat. 38°38.68' N, Long. 76°10.498' W; then running 288° True to a point defined by Lat. 38°38.789' N, Long. 76°10.919' W; then running 271° True to a point defined by Lat. 38°38.79' N, Long. 76°11.095' W; then running 240° True to a point defined by Lat. 38°38.732' N, Long. 76°11.226' W; then running 251° True to a point defined by Lat. 38°38.576' N, Long. 76°11.793' W; then running 264° True to a point defined by Lat. 38°38.518' N, Long. 76°12.494' W; then running 278° True to a point defined by Lat. 38°38.562' N, Long. 76°12.874' W; then running 292° True to a point defined by Lat. 38°38.664' N, Long. 76°13.197' W; then running 218° True to a point on the shore at Todds Point defined by Lat. 38°37.683' N, Long. 76°14.168' W; then running 267° True to a point on the shore at Cooks Point defined by Lat. 38°37.581' N, Long. 76°17.109' W; then running southerly along the shore to a point defined by Lat. 38°37.453' N, Long. 76°17.045' W; then running 120° True to a point on the shore, defined by Lat. 38°37.426' N, Long. 76°16.984' W; then running southerly and westerly along the shore of Trippe Bay and Brannock Bay to a point at Hills Point defined by Lat. 38°34.358' N, Long. 76°18.292' W; then running 206° True to a point on shore at the north end of James Island, defined by Lat. 38°31.387' N, Long. 76°20.14' W; then running 345° True to Sharps Island Lighthouse, defined by Lat. 38°38.345' N, Long. 76°22.541' W; then running 42° True to a point on shore at Blackwalnut Point defined by Lat. 38°40.239' N, Long. 76°20.373' W; then running northeasterly along the shore of Tilghman Island to a point defined by Lat. 38°41.366' N, Long. 76°19.333' W; then running 107° True to the point of beginning, excluding the area defined as Cook Point Sanctuary in Regulation .15A of this chapter;

(4) All the waters of Somerset County

(a) Wicomico River: easterly of a straight line drawn from the former dwelling of Thomas Tigner near Hains Point to the most southwesterly point of Clay Island. Manokin River: landward or upstream of a straight line joining South Point on Little Deals Island to Hazard Point on the mainland; and

(b) Big Annemessex River: easterly of a straight line from Tenth Point to Porpoise Point; and for the purpose of this section, Tenth Point shall be considered to be the easterly point of the marsh at the entrance of Thru Creek shown on published Chart No. 7 of the Oyster Survey of 1906 to 1912, at a position of latitude 38 degrees, 2 minutes, 19.20 seconds and longitude 75 degrees 51 minutes 39.47 seconds; and Porpoise Point shall be considered to be the most westerly point of the marsh of Pat Island and that part of Tangier Sound, south of a line drawn in an easterly course from Terrapin Sands Point on the west side of Tangier Sound to the channel and then following the channel in a southerly direction to the Virginia Line; and except as provided in §§B(1)-(5) of this regulation.

(5) Talbot County. All of the waters bayward of a line beginning at Kent Point, defined by Lat. 38°50.180' N, Long. 76°22.100' W; then running approximately 102° True to a point defined by Lat. 38°49.904' N, Long. 76°20.384' W; then running approximately 48° True to a point defined by Lat. 38°50.871' N, Long. 76°19.031' W; then running approximately 115° True to a point defined by Lat. 38°50.564' N, Long. 76°18.203' W; then running approximately 163° True to a point defined by Lat. 38°49.702' N, Long. 76° 17.865' W; then running southwesterly along the shore to a point defined by Lat. 38°46.416' N, Long. 76°20.020' W; then running approximately 323° True to a point defined by Lat. 38°47.861' N, Long. 76°21.394' W; then running approximately 210° True to a point defined by Lat. 38°46.553' N, Long. 76°22.342'W.

(6) Chesapeake Bay. All of the waters of the Chesapeake Bay mainstem as defined by COMAR 08.02.01.06B(1), except as provided in §B(6) of this regulation.

B. Exceptions. A person may not catch oysters by dredge boat in the areas listed in this section.

(1) Pocomoke Sound, as defined by COMAR 08.02.01.06B(5).

(2) Wicomico River. All of the waters of the Wicomico River easterly of a straight line drawn from a point defined by Lat. 38° 10.767' N, Long. 75°57.004' W; then running 343° True to a point defined by Lat. 38°12.311' N, Long. 75°57.587' W.

(3) Manokin River. All of the waters of the Manokin River landward or upstream of a straight line beginning at a point on Little Deals Island, defined by Lat. 38°6.750' N, Long. 75°56552' W; then running 126° True to Hazard Point on the mainland, defined by Lat. 38°4.571 'N, Long. 75°52.694'W.

(4) Big Annemessex River. All of the waters of the Big Annemessex River easterly of a straight line beginning at a point defined by Lat. 38°2.303'N, Long. 75°51.610' W; then running 334° True to a point defined by Lat. 38°3.648'N, Long. 75°52.422'W.

(5) Tangier Sound. All of the waters east of Smith Island south and west of a line drawn in an easterly course from Terrapin Sands Point on the west side of Tangier Sound, defined by Lat. 38°0.247' N, Long. 75°58.181' W; then running 94° True to the channel, to a point defined by Lat. 38° 0.008' N, Long. 75° 54.977' W; and then running 200° True following the channel in a southerly direction to a point defined by Lat. 37°57.845'N, Long. 75°55.770' W; then running 190° following the channel to the Virginia Line, to a point defined by Lat. 37°54.453'N, Long. 75°56.413'W.

(6) Chesapeake Bay. All areas described in Natural Resources Article, § 4-1012(a), Annotated Code of Maryland.

Md. Code Regs. 08.02.04.08

Regulation .08 adopted effective March 29, 1982 (9:6 Md. R. 613)
Regulation .08 amended effective November 29, 2010 (37:24 Md. R. 1657); amended effective 46:20 Md. R. 843, eff. 10/7/2019