Md. Code Regs. 08.02.04.12

Current through Register Vol. 51, No. 7, April 5, 2024

Section 08.02.04.12 - Power Dredging

A. General.

(1) Notwithstanding Natural Resources Article, § 4-1012(b), Annotated Code of Maryland, a power dredge may only be used in the following areas:

(a) Leased areas;

(b) Power Dredge Zones established in §B of this regulation;

(c) Power Dredge Study Areas established in §C of this regulation; and

(d) Portions of the Wild Grounds Study Area established in §D(1) of this regulation that have been opened in accordance with §E of this regulation.

(2) A person may not use or possess a power dredge bar that is more than 42 inches in length measuring from the outside teeth or that exceeds a weight of 200 pounds.

B. Power Dredge Zone.

(1) Calvert County. All of the waters of the State that lie contiguous to Calvert County enclosed by a line beginning at a point at the intersection of the Calvert-Saint Mary's county line and the contiguous waters line running from Hog Point to Drum Point defined by Lat. 38°18.883' N, Long. 76°24.683' W; then running 300° True to a point at Drum Point defined by Lat. 38°19.150' N, Long. 76°25.267' W; then running northerly along the shore, excluding all creeks and coves less than 300 feet wide at the mouth, to a point on the shore at Cove Point defined by Lat. 38°23.174' N, Long. 76°22.906' W; then running 329° True to a point defined by Lat. 38°25.237' N, Long. 76°24.499' W; then running 321° True to a point defined by Lat. 38°27.127' N, Long. 76°26.455' W; then running 241° True to a point at the shore, defined by Lat. 38°26.769' N, Long. 76°27.277' W; then running northerly along the shore, excluding all creeks and coves less than 300 feet wide at the mouth, to a point defined by Lat. 38°33.482' N, Long. 76°30.924' W; then running 79° True to a point defined by Lat. 38°33.683' N, Long. 76°29.550' W; then running 346° True to a point defined by Lat. 38°34.867' N, Long. 76°29.915' W; then running 50° True to a point defined by Lat. 38°35.933' N, Long. 76°28.283' W; then running 351° True to a point defined by Lat. 38°37.450' N, Long. 76°28.582' W; then running 323° True to a point defined by Lat. 38°39.250' N, Long. 76°30.286' W; then running 256° True to a point at the shore, defined by Lat. 38°38.995' N, Long. 76°31.552' W; then running northerly along the shore, excluding all creeks and coves less than 300 feet wide at the mouth, to a point at the shore south of Chesapeake Beach, defined by Lat. 38°41.278' N, Long. 76°31.974' W; then running 92° True to a point defined by Lat. 38°41.237' N, Long. 76°30.213' W; then running 14° True to a point defined by Lat. 38°42.635' N, Long. 76°29.769' W; then running 92° True to a point at the junction of the Calvert-Anne Arundel-Talbot county line defined by Lat. 38°42.567' N, Long. 76°27.650' W; then running 172° True to a point on the Calvert-Dorchester county line, defined by Lat. 38°30.000' N, Long. 76°25.483' W; then running 147° True to a point on the Calvert-Dorchester county line, defined by Lat. 38°23.183' N, Long. 76°19.967' W; then running 172° True to a point on the Calvert-Dorchester-Saint Mary's county line, defined by Lat. 38°19.633' N, Long. 76°19.299' W; then running 270° True to a point on the Calvert-Saint Mary's county line, defined by Lat. 38°19.617' N, Long. 76°22.883' W; then running 270° True to a point on the Calvert-Saint Mary's county line, defined by Lat. 38°19.617' N, Long. 76°22.983' W; then running 247° True to a point on the Calvert-Saint Mary's county line, defined by Lat. 38°19.600' N, Long. 76°23.033' W; then running 241° True to the point of beginning; except the waters of Plum Point Sanctuary, which is described as: All of the waters of the area enclosed by a line beginning at a point defined by Lat. 38°39.050' N, Long. 76°31.283' W; then running approximately 75° True to a point defined by Lat. 38°39.250' N, Long. 76°30.300' W; then running approximately 143° True to a point defined by Lat. 38°37.450' N, Long. 76°28.583' W; then running approximately 171° True to a point defined by Lat. 38°35.933' N, Long. 76°28.283' W; then running approximately 230° True to a point defined by Lat. 38°34.867' N, Long. 76°29.917' W; then running approximately 166° True to a point defined by Lat. 38°33.683'N, Long. 76°29.550' W; then running approximately 259° True to a point defined by Lat. 38°33.500' N, Long. 76°30.800' W; then running approximately 358° True to a point defined by Lat. 38°34.900' N, Long. 76°30.867' W; then running approximately 6° True to a point defined by Lat. 38°37.483' N, Long. 76°30.500' W; then running approximately 325° True to a point defined by Lat. 38°38.300' N, Long. 76°31.217' W; then running approximately 356° True to the point of beginning.

(2) Dorchester and Wicomico Counties.

(a) Dorchester County. All of the waters enclosed by a line beginning at a point defined by Lat. 38°3.667' N, Long. 76°5.636' W; then running 351° True to a point defined by Lat. 38°9.181' N, Long. 76°6.720' W; then running 261° True to a point defined by Lat. 38° 8.366'N, Long. 76° 13.580' W; then running 162° True to a point defined by Lat. 38° 4.586'N, Long. 76° 11.983' W; then running 162° True to a point defined by Lat. 38° 3.517' N, Long. 76° 11.532' W; then running 268° True to a point defined by Lat. 38° 3.498'N, Long. 76° 12.198' W; then running 9° True to a point defined by Lat. 38° 4.586'N, Long. 76° 11.983' W; then running 338° True to a point defined by Lat. 38°17.967' N, Long. 76°18.967' W; then running 351° True to a point defined by Lat. 38°23.183' N, Long. 76°19.967' W; then running 328° True to a point defined by Lat. 38°30.000' N, Long. 76°25.483' W; then running 353° True to a point defined by Lat. 38°30.032' N, Long. 76°25.488' W; then running 88° True to a point at or near the south end of James' Island, defined by Lat. 38°30.177' N, Long. 76°20.302' W; then running 167° True to a point at or near the entrance of Oyster Creek, defined by Lat. 38°29.215' N, Long. 76°20.022' W; then running southerly along the shore to a point at or near the north entrance of Punch Island Creek, defined by Lat. 38°25.355' N, Long. 76°17.257' W; then running 161° True to a point at or near the south entrance of Punch Island Creek, defined by Lat. 38°25.159' N, Long. 76°17.171' W; then running southerly along the shore to a point at or near the south end of Meekins Neck, defined by Lat. 38°22.039' N, Long. 76°15.771' W; then running 181° True to a point at or near the north end of North Barren Island, defined by Lat. 38°20.634' N, Long. 76°15.792' W; then running southerly along the shore True to a point at or near the south end of North Barren Island, defined by Lat. 38°20.014' N, Long. 76°15.643' W; then running 94° True to a point at or near the north end of South Barren Island, defined by Lat. 38°20.001' N, Long. 76°15.425' W; then running southerly along the shore to a point at or near the south end of South Barren Island, defined by Lat. 38°19.478' N, Long. 76°15.399' W; then running 124° True to a point defined by Lat. 38°18.425' N, Long. 76°13.394' W; then running southeasterly along the shore to a point at or near the north end of Narrows Ferry Bridge, defined by Lat. 38°17.917' N, Long. 76°12.389' W; then running 155° True to a point at or near the south end of Narrows Ferry Bridge, defined by Lat. 38°17.676' N, Long. 76°12.250' W; then running southerly along the shore to a point at or near the shore at Richland Point defined by Lat. 38°14.846'N, Long. 76°10.332' W; then running 121° True to a point at Cow Point defined by Lat. 38°14.553' N, Long. 76°9.922' W; then running 126° True to a point at or near Fishing Point defined by Lat. 38°14.065' N, Long. 76°9.065' W; then running easterly along the shore to a point at or near the easterly tip of Lower Hoopers Island, defined by Lat. 38° 14.674' N, Long. 76° 7.795' W; then running 117° True to a point, defined by Lat. 38° 14.603'N, Long. 76° 7.618' W; then running 132° True to a point defined by Lat. 38°13.930' N, Long. 76°6.660' 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 a point defined by Lat. 38°11.693' N, Long. 76°5.593' W; then running 121° True to a point defined by Lat. 38°11.601' N, Long. 76°5.397' W; then running 182° True to a point defined by Lat. 38°10.307' N, Long. 76°5.454' W; then running 181° True to a point defined by Lat. 38°9.652' N, Long. 76°5.462' W; then running 181° True to a point defined by Lat. 38°9.143' N, Long. 76°5.471' W; then running 177° True to a point at or near the shore at the north end of Holland Island, defined by Lat. 38°7.351' N, Long. 76°5.419' W; then running southerly along the shore to a point at or near the shore at the south end of Holland Island, defined by Lat. 38°6.903' N, Long. 76°5.409' W; then running 132° True to a point defined by Lat. 38°5.705' N, Long. 76°3.740' W; then running 201° True to a point defined by Lat. 38°3.690' N, Long. 76°4.708' W; then running 268° True to the point of beginning.

(b) Dorchester County and Honga River Area. The power dredge zone consists of the waters of the State that lie within Dorchester County beginning at a point defined by Lat. 38°14.603' N, Long. 76°07.618' W; then running 297° True to a point at or near the shore of Lower Hooper Island, defined by Lat. 38°14.674' N. and Long. 76°07.795' W.; then running northwesterly along the shore of Lower Hooper Island to a point at or near the shore of Lower Hooper Island, defined by Lat. 38°14.907' N. and Long. 76°09.172' W.; then running approximately 264° True to a point at or near the shore of Middle Hooper Island, defined by Lat. 38°14.899' N. and Long. 76°09.284' W.; then running northerly along the shore of Middle Hooper Island to a point at or near the shore at the south end of Narrows Ferry Bridge, defined by Lat. 38°17.675' N. and Long. 76°12.250' W.; then running approximately 335° True to a point at or near the shore at the north end of Narrows Ferry Bridge, defined by Lat. 38°17.917' N. and Long. 76°12.390' W.; then running northerly along the shore of Upper Hooper Island to a point at or near corner 5 of Natural Oyster Bar 23-1, defined by Lat. 38°20.885' N. and Long. 76°13.482' W.; then running approximately 332° True to a point at or near corner 6 of Natural Oyster Bar 23-1, defined by Lat. 38°21.095' N. and Long. 76°13.625' W.; then running northerly along the shore of Meekins Neck to a point at or near corner 7 of Natural Oyster Bar 23-1, defined by Lat. 38°21.395' N. and Long. 76°13.712' W.; running approximately 346° True to a point at or near corner 8 of Natural Oyster Bar 23-1, defined by Lat. 38°22.008' N. and Long. 76°13.912' W.; then running approximately 100° True to a point at or near corner 9 of Natural Oyster Bar 23-1, defined by Lat. 38°21.890' N. and Long. 76°13.045' W.; then running easterly along the shore to a point at or near corner 10 of Natural Oyster Bar 23-1, defined by Lat. 38°22.078' N. and Long. 76°12.402' W; then running approximately 76° True to a point at or near corner 11 of Natural Oyster Bar 23-1, defined by Lat. 38°22.148' N, Long. 76°12.038' W; then running southerly along the shore of Kirwan Neck to a point at or near corner 12 of Natural Oyster Bar 23-1, defined by Lat. 38°21.755' N, Long. 76°11.742' W; then running approximately 134° True to a point at or near corner 13 of Natural Oyster Bar 23-1, defined by Lat. 38°20.690' N, Long. 76°10.332' W; then running southerly along the shore of Kirwan Neck to a point at or near corner 14 of Natural Oyster Bar 23-1, defined by Lat. 38°20.233' N, Long. 76°10.362' W; then running approximately 231° True to a point at or near corner 1 of Natural Oyster Bar 23-1, defined by Lat. 38°20.045' N, Long. 76°10.657' W; then running southwesterly along the north shore of Wroten Island to a point at or near the south tip of Wroten Island, defined by Lat. 38°18.968' N, Long. 76°11.647' W; then running easterly along the south side of Wroten Island to a point at or near corner 4 of Natural Oyster Bar 23-5, defined by Lat. 38°19.475' N, Long. 76°10.460' W; then running approximately 90° True to a point at or near corner 5 of Natural Oyster Bar 23-5, defined by Lat. 38°19.475' N, Long. 76°10.398' W.; then running southerly along the shore of Parks Neck, Lakes Cove, and Asquith Island to a point at or near corner 7 of Natural Oyster Bar 23-10, defined by Lat. 38°16.293' N, Long. 76°08.895' W; then running easterly and southerly along the shore of Asquith Island, Fox Creek, Duck Point Cove, and Jimson Weed Marsh to a point at or near corner 1 of Natural Oyster Bar 23-9, defined by Lat. 38°15.770' N, Long. 76°06.440' W; then running southerly along the shore of Crab Point to a point defined by Lat. 38°15.250' N, Long. 76°06.052' W; then running 242° True to the point of beginning.

(c) Fishing Bay Area. The power dredge zone consists of the waters of the State that lie within Dorchester and Wicomico Counties beginning at a point near Lower Island Point at the turn in the Dorchester-Somerset County Line, defined by Lat. 38°08.845' N. and Long. 76°01.873' W.; then running approximately 17° True to a point at or near the shore of Bloodsworth Island at Great Cove Point defined by Lat. 38°10.310' N. and Long. 76°01.315' W.; then running northerly along the shore of Bloodsworth Island to a point at or near the south entrance of Piney Island Cove, defined by Lat. 38°10.978' N. and Long. 76°01.567' W.; then running approximately 322° True to a point at or near the north entrance of Piney Island Cove, defined by Lat. 38°11.573' N. and Long. 76°02.163' W.; then running northwesterly along the shore of Bloodsworth Island to a point at or near Tigs Point, defined by Lat. 38°12.393' N. and Long. 76°03.688' W.; then running approximately 64° True to a point at or near Bishops Head Point, defined by Lat. 38°12.918' N. and Long. 76°01.963' W.; then running northerly along the shore of Fishing Bay to a point at or near corner 2 of Natural Oyster Bar 28-2, defined by Lat. 38°14.597' N. and Long. 76°02.755' W; then running approximately 1° True to a point at or near corner 3 of Natural Oyster Bar 28-2, defined by Lat. 38°14.947' N. and Long. 76°02.748' W.; then running northerly along the shore of Fishing Bay to a point at or near corner 3 of Natural Oyster Bar 24-10, defined by Lat. 38°16.017'N. and Long. 76°01.957' W.; then running approximately 14° True to a point at or near corner 4 of Natural Oyster Bar 24-10, defined by Lat. 38°16.633' N. and Long. 76°01.813' W.; then running northerly along the shore of Little Creek Marsh to a point at or near corner 3 of Natural Oyster Bar 24-7, defined by Lat. 38°18.025' N. and Long. 76°02.980' W.; then running approximately 0° True to a point at or near corner 4 of Natural Oyster Bar 24-7, defined by Lat. 38°18.540' N. and Long. 76°02.982' W.; then running northeasterly along the shore of Cedar Creek Marsh to a point at or near corner 5 of Natural Oyster Bar 24-7, defined by Lat. 38°18.858' N. and Long. 76°02.773' W.; then running approximately 4° True to a point at or near corner 6 of Natural Oyster Bar 24-7, defined by Lat. 38°18.977' N. and Long. 76°02.762' W.; then running northeasterly along the shore of Cedar Creek Marsh to a point at or near corner 7 of Natural Oyster Bar 24-7, defined by Lat. 38°19.267' N. and Long. 76°02.555' W.; then running approximately 56° True to a point at or near corner 8 of Natural Oyster Bar 24-7, defined by Lat. 38°19.303' N. and Long. 76°02.503' W.; then running easterly along the shore of Cedar Creek Marsh to a point at or near corner 9 of Natural Oyster Bar 24-7, defined by Lat. 38°19.480' N. and Long. 76°01.888' W.; then running approximately 182° True to a point at or near corner 10 of Natural Oyster Bar 24-7, defined by Lat. 38°19.452' N. and Long. 76°01.888' W.; then running approximately 144° True to a point at or near corner 5 of Natural Oyster Bar 24-6, defined by Lat. 38°18.557' N. and Long. 76°01.065' W.; then running southeasterly along the east shore of Fishing Bay to a point at or near the southwest end of Clay Island, defined by Lat. 38°13.970' N. and Long. 75°58.352' W.; then running northeasterly along the shore of Clay Island to a point at or near Sandy Point, defined by Lat. 38°14.803' N. and Long. 75°56.385' W.; then running approximately 96° True to a point at or near the shore north of Jones Creek, defined by Lat. 38°14.635' N. and Long. 75°54.352' W; then running southeasterly along the shore of Stump Point Marsh to a point at or near Mollie Point, defined by Lat. 38°13.745' N. and Long. 75°53.028' W.; then running approximately 91° True to point at or near the Wicomico-Somerset County Line, defined by Lat. 38°13.737' N. and Long. 75°52.238' W.; then running approximately 183° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.888' N. and Long. 75°52.302' W.; then running approximately 210° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.835' N. and Long. 75°52.342' W.; then running approximately 255° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.737' N. and Long. 75°52.815' W.; then running approximately 283° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.913' N. and Long. 75°53.810' W.; then running approximately 251° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.317' N. and Long. 75°55.972' W.; then running approximately 274° True to a point at or near the intersection of the Wicomico-Somerset County Line and the Dorchester County Line, defined by Lat. 38°12.403' N. and Long. 75°57.467' W.; then running approximately 230° True to a point at or near the Dorchester "omerset County Line, defined by Lat. 38°11.837' N. and Long. 75°58.325' W.; then running approximately 230° True to a point at or near buoy "C" on an existing crab line south of Sharkf in Shoal Lighthouse, defined by Lat. 38°11.167' N. and Long. 75°59.338' W; then running approximately 186° True to a point at or near buoy "A" on the intersection of an existing crab line and the Dorchester-Somerset County Line, defined by Lat. 38°09.792' N. and Long. 75°59.517' W.; then running approximately 243° True to the point of beginning.

(3) St. Mary's County and St. Mary's River.

(a) St. Mary's County. All of the waters of the State that lie contiguous to Saint Mary's County enclosed by a line beginning at a point on the shore at the north side of the north jetty at Smith Point defined by Lat. 37°53.383' N, Long. 76°14.217' W; then running 335° True to a point on the shore at Point Lookout, defined by Lat. 38°2.250' N, Long. 76°19.332' W; then running 107° True to a point defined by Lat. 38°2.172' N, Long. 76°19.016' W; then running 90° True to a point defined by Lat. 38°2.169' N, Long. 76°18.358' W; then running 22° True to a point defined by Lat. 38°3.009' N, Long. 76°17.932' W; then running 271° True to a point on the shore, defined by Lat. 38°3.020' N, Long. 76°19.268' W; then running northerly along the shore, excluding all creeks and coves less than 300 feet in width to a point on the shore south of Cedar Point defined by Lat. 38°15.005' N, Long. 76°23.805' W; then running 90° True to a point defined by Lat. 38°15.007' N, Long. 76°22.456' W; then running 44° True to a point defined by Lat. 38°15.723' N, Long. 76°21.578' W; then running 353° True to a point defined by Lat. 38°17.936' N, Long. 76°21.913' W; then running 269° True to a point on the shore at Cedar Point defined by Lat. 38°17.932' N, Long. 76°22.384' W; then running 76° True to a point at the intersection of the Saint Mary's-Calvert-Dorchester county line, defined by Lat. 38°18.602' N, Long. 76°19.088' W; then running 171° True to a point on the Saint Mary's-Dorchester county line, defined by Lat. 38°17.967' N, Long. 76°18.967' W; then running 158° True to a point on the Saint Mary's-Dorchester county line, defined by Lat. 38°4.586' N, Long. 76°11.983' W; then running 189° True to a point on the Saint Mary's-Somerset county line at the south jetty at Smith Point defined by Lat. 37°53.400' N, Long. 76°14.167' W; then running 247° True to the point of beginning; except the waters of Point Lookout Sanctuary which is described as: All of the waters of the area enclosed by a line beginning at a point defined by Lat. 38°2.169' N, Long. 76°18.358' W; then running 270° True to a point defined by Lat. 38°2.172' N, Long. 76°19.016' W; then running 358° True to a point defined by Lat. 38°3.018' N, Long. 76°19.056' W; then running 91° True to a point defined by Lat. 38°3.009' N, Long. 76°17.932' W; then running 202° True to the point of beginning.

(b) St. Mary's River. All of the waters of the State that lie in Saint Mary's County, enclosed by a line beginning at a point Jurisdictional Marker PRM2A, defined by Lat. 38°6.360' N, Long. 76°25.301' W; then running 272° True to a point Jurisdictional Marker PRM2B, defined by Lat. 38°6.426' N, Long. 76°27.899' W; then running 272° True to a point on the shore at St. George's Island, defined by Lat. 38°6.427' N, Long. 76°27.937' W; then running northeasterly along the shore to a point at the northeast end of a jetty, defined by Lat. 38°6.637' N, Long. 76°27.750' W; then running 269° True to a point on the shore of St. George's Island, defined by Lat. 38°6.635' N, Long. 76°27.966' W; then running northwesterly along the shore to a point on the shore at Ball Point defined by Lat. 38°7.252' N, Long. 76°28.377' W; then running 30° True to a point on the shore at Cherryfield Point defined by Lat. 38°7.742' N, Long. 76°28.022' W; then running 111° True to a point at Natural Oyster Bar corner 27-16-2, defined by Lat. 38°7.685' N, Long. 76°27.832' W; then running 39° True to a point defined by Lat. 38°7.971' N, Long. 76°27.534' W; then running 353° True to a point at Natural Oyster Bar corner 27-16-4, defined by Lat. 38°8.371' N, Long. 76°27.594' W; then running 269° True to a point on the shore at Edmund Point defined by Lat. 38°8.370' N, Long. 76°27.677' W; then running northwesterly along the shore to a point defined by Lat. 38°8.934' N, Long. 76°28.084' W; then running 335° True to Josh Point defined by Lat. 38°9.178' N, Long. 76°28.227' W; then running northeasterly along the shore to a point on the shore south of Pagan Point defined by Lat. 38°11.279' N, Long. 76°26.639' W; then running 89° True to a point on the shore at Church Point defined by Lat. 38°11.286' N, Long. 76°26.263' W; then running southerly along the shore to a point on the shore at Rosecroft Point defined by Lat. 38°9.582' N, Long. 76°26.256' W; then running 141° True to a point on the south side of Saint Inigoes Creek, defined by Lat. 38°9.312' N, Long. 76°25.981' W; then running southerly along the shore to a point on the shore at Kitts Point defined by Lat. 38°6.365' N, Long. 76°25.280' W; then running 252° True to the point of beginning.

(4) Somerset County.

(a) Kedges Straits. The power dredge zone consists of the waters of the State that lie within Somerset County beginning at a point at or near Fog Point, defined by Lat. 38°02.193' N, Long. 76°02.588' W, then running approximately 63° True to a point at or near Solomons Lump Lighthouse, defined by Lat. 38°02.883' N, Long. 76°00.883' W, then running approximately 3° True to a point at or near Sheepshead Point, defined by Lat. 38°04.283' N, Long. 76°00.788 W; then running approximately 285° True to a point at or near the westerly entrance of Sheepshead Bay, defined by Lat. 38°04.533' N, Long. 76°01.975 W, then running northwesterly along the west side of South Marsh Island to a point at or near Sedgy Point defined by Lat. 38°05.484' N, Long. 76°03.352' W; then running approximately 306° True to a point at or near Pry Island defined by Lat. 38°05.705' N, Long. 76°03.734' W, then running approximately 203° to a point at or near the intersection of the Somerset-Dorchester county line and the line demarcating the waters contiguous to Somerset County depicted on Chart 32 of the Oyster Survey of 1906-1912 and amendments, defined by Lat. 38°04.783' N, Long. 76°04.182' W, then running approximately 150° True to the point of beginning.

(b) Contiguous Waters. All of the waters of the State that lie contiguous to Somerset County, enclosed by a line beginning at a point at Maryland-Virginia Boundary defined by Lat. 37°53.193' N, Long. 76°14.198' W; then running 7° True to a point on the shore on the north side of the north jetty at Smith Point defined by Lat. 37°53.401' N, Long. 76°14.166' W; then running 9° True to a point on the Somerset-Dorchester-Saint Mary's county line, defined by Lat. 38°3.498' N, Long. 76°12.198' W; then running 88° True to a point on the Somerset-Dorchester county line, defined by Lat. 38°3.517' N, Long. 76°11.532' W; then running 162° True to a point defined by Lat. 37°59.798' N, Long. 76°9.965' W; then running 103° True to a point defined by Lat. 37°58.800' N, Long. 76°4.680' W; then running 351° True to a point on the Somerset-Dorchester county line, defined by Lat. 38°3.667' N, Long. 76°5.636' W; then running 88° True to a point on the Somerset-Dorchester County line, defined by Lat. 38°3.690' N, Long. 76°4.707' W; then running 21° True to a point on the intersection of the Somerset-Dorchester county line and the contiguous waters line, defined by Lat. 38°4.781' N, Long. 76°4.181' W; then running 161° True to a point on the shore at Fog Point defined by Lat. 38°1.984' N, Long. 76°2.496' W; then running southerly along the shore to a point on the shore at Channel Point defined by Lat. 38°0.585' N, Long. 76°2.952' W; then running 194° True to a point defined by Lat. 38°0.030' N, Long. 76°3.129' W; then running 175° True to the Maryland-Virginia line, defined by Lat. 37°57.212' N, Long. 76°2.836' W; then running 270° True to a point defined by Lat. 37°57.213' N, Long. 76°3.119' W; then running 245° True to the point of beginning.

(c) Great Rock. The power dredge zone consists of the waters of the State that lie within Somerset County beginning at a point defined by Lat. 37°57.707' N., Long. 75°55.834' W., then running approximately 81° True to a point at or near Janes Island Light, defined by Lat. 37°57.803' N., Long. 75°55.108' W., then running approximately 105° True to a point defined by Lat. 37°57.462' N., Long. 75°53.520' W., then running approximately 188° True to a point at or near the Maryland-Virginia state line, defined by Lat. 37°54.610' N., Long. 75°54.016' W., then running approximately 266° True to a point at or near the Maryland-Virginia state line, defined by Lat. 37°54.462' N., Long. 75°56.430' W., then running approximately 8° True to the point of beginning.

(d) Smith Island. The power dredge zone consists of the waters of the State that lie within Somerset County beginning at a point defined by Lat. 38°02.243' N., Long. 75°55.438' W., then running approximately 177° True to a point at or near Janes Island Light, defined by Lat. 37°57.803' N., Long. 75°55.108' W., then running approximately 260° True to a point near the corner of the Maryland-Virginia state line at Horse Hammock, defined by Lat. 37°57.221' N., Long. 75°59.478' W., then running approximately 19° True to a point near Terrapin Sands Point, defined by Lat. 38°00.247' N., Long. 75°58.181' W., then running approximately 331° True to a point defined by Lat. 38°01.424' N., Long. 75°58.993' W., then running approximately 307° True to a point defined by Lat. 38°02.211' N., Long. 76°00.305' W., then running approximately 34° True to a point defined by Lat. 38°02.992' N., Long. 75°59.637' W., then running approximately 103° True to the point of beginning.

(e) Manokin River. All of the waters of the State that lie within Somerset County enclosed by a line beginning at a point in the mouth of the Manokin River, defined by Lat. 38°2.243' N, Long. 75°55.438' W; then running 1° True to a point defined by Lat. 38°6.094' N, Long. 75°55.389' W; then running 126° True to a point on the shore at Hazard Point defined by Lat. 38°4.571' N, Long. 75°52.694' W; then running southeasterly along the shore to a point on the shore at Porpoise Point defined by Lat. 38°3.648' N, Long. 75°52.422' W; then running easterly along the shore to a point on the shore at Scott's Point defined by Lat. 38°3.544' N, Long. 75°48.794' W; then running 134° True to a point on the shore at Long Point defined by Lat. 38°3.184' N, Long. 75°48.326' W; then running 252° True to a point defined by Lat. 38°2.802' N, Long. 75°49.819' W; then running 251° True to a point on the shore at Tenth Point defined by Lat. 38°2.303' N, Long. 75°51.610' W; then running southwesterly along the shore to a point on the shore at Flatcap Point defined by Lat. 38°2.147' N, Long. 75°52.160' W; then running 272° True to a point defined by Lat. 38°2.217' N, Long. 75°54.349' W; then running 44° True to a point defined by Lat. 38°2.500' N, Long. 75°54.000' W; then running 316° True to a point defined by Lat. 38°2.717' N, Long. 75°54.267' W; then running 224° True to a point defined by Lat. 38°2.433' N, Long. 75°54.615' W; then running 136° True to a point defined by Lat. 38°2.217' N, Long. 75°54.349' W; then running 272° True to the point of beginning.

(f) Pocomoke Sound. The power dredge zone consists of the waters of the State that lie within Somerset County beginning at a point at or near Maryland-Virginia Line Corner A in Pocomoke Sound, defined by Lat. 37°54.732' N. and Long. 75°48.063' W.; then running approximately 330° True to a point at or near the shore on Ware Point, defined by Lat. 37°56.345' N, Long. 75°49.247' W.; then running along the north shore of Pocomoke Sound, including Ape Hole Creek and East Creek then running along the shore to a point at or near Tulls Point at the west end of an existing Maryland Department of the Environment conditional line, defined by Lat. 37°57.775' N. and Long. 75°44.240' W., then running approximately 83° True to a point, defined by Lat. 37°57.865' N. and Long. 75°43.277' W.; then running approximately 85° True to a point, defined by Lat. 37°57.923' N. and Long. 75°42.440' W.; then running approximately 84° True to a point at or near the shore near the Handy Lodge, defined by Lat. 37°58.003' N. and Long. 75°41.420' W.; then running along the north shore of Pocomoke Sound to a point at or near the shore on the northeasterly entrance to Fair Island Channel, defined by Lat. 37°57.792' N. and Long. 75°39.328' W.; then running approximately 60° True to a point at or near Maryland-Virginia Line Corner N, defined by Lat. 37°57.985' N. and Long. 75°38.915' W.; then running approximately 179° True to a point at or near Maryland-Virginia Line Corner M, defined by Lat. 37°56.802' N. and Long. 75°38.893' W.; then running approximately 256° True to a point at or near Maryland-Virginia Line Corner L, defined by Lat. 37°56.710' N. and Long. 75°39.370' W.; then running approximately 298° True to a point at or near Maryland-Virginia Line Corner K, defined by Lat. 37°56.993' N. and Long. 75°40.043' W.; then running approximately 286° True to a point at or near Maryland-Virginia Line Corner J, defined by Lat. 37°57.318' N. and Long. 75°41.502' W.; then running approximately 266° True to a point or near Maryland-Virginia Line Corner H, defined by Lat. 37°57.272' N. and Long. 75°42.287' W.; then running approximately 254° True to a point at or near Maryland-Virginia Line Corner D, defined by Lat. 37°56.473' N. and Long. 75°45.705' W.; then running approximately 227° True to the point of beginning.

(5) Talbot County. All of the waters of the State that lie in Talbot County, enclosed by a line beginning at a point on the shore at Chlora Point defined by Lat. 38°38.225' N, Long. 76°8.818' W; then running 302° True to a point at Choptank River Lighthouse, defined by Lat. 38°39.344' N, Long. 76°11.069' W; then running 287° True to a point on the shore at Upper Bar Neck Point defined by Lat. 38°41.366' N, Long. 76°19.333' W; then running northwesterly along the shore to a point on the shore, defined by Lat. 38°42.240' N, Long. 76°19.998' W; then running 67° True to a point defined by Lat. 38°42.825' N, Long. 76°18.214' W; then running 193° True to a point defined by Lat. 38°42.667' N, Long. 76°18.262' W; then running 86° True to a point on the shore west of Nelson Point defined by Lat. 38°42.767' N, Long. 76°16.527' W; then running southeasterly along the shore to a point on the shore at Nelson Point defined by Lat. 38°42.549' N, Long. 76°16.281' W; then running 61° True to a point on the south side of Bridge Creek, defined by Lat. 38°43.440' N, Long. 76°14.196' W; then running southerly along the shore to a point on the shore at Holland Point defined by Lat. 38°41.879' N, Long. 76°13.611' W; then running 186° True to a point defined by Lat. 38°41.838' N, Long. 76°13.617' W; then running 92° True to a point on the shore at Lucy Point defined by Lat. 38°41.825' N, Long. 76°13.178' W; then running southeasterly to a point on the shore of Ferry Neck, defined by Lat. 38°40.354' N, Long. 76°12.083' W; then running 144° True to a point on the shore at Benoni Point defined by Lat. 38°40.249' N, Long. 76°11.969' W; then running 96° True to a point on the shore at the north side of Boone Creek, defined by Lat. 38°40.090' N, Long. 76°10.138' W; then running 118° True to a point on the shore at the south side of Boone Creek, defined by Lat. 38°40.011' N, Long. 76°9.954' W; then running then running southeasterly along the shore to a point on the shore at the north side of Island Creek, defined by Lat. 38°39.697' N, Long. 76°9.699' W; then running 120° True to a point on the shore at the south side of Island Creek, defined by Lat. 38°39.517' N, Long. 76°9.300' W; then running southeasterly along the shore to the point of beginning.

C. Power Dredge Study Areas. An individual may catch oysters only by power dredge in the areas listed in §C(1)-(3) of this regulation.

(1) Queen Anne's County Power Dredge Study Areas:

(a) All of the waters of Eastern Bay enclosed by a line beginning at a point defined by Lat. 38°53.805' N, Long. 76°15.450' W; then running 274° True to a point defined by Lat. 38°53.831' N, Long. 76°15.920' W; then running 313° True to a point defined by Lat. 38° 54.060' N, Long. 76° 16.230' W; then running 53° True to a point defined by Lat. 38°54.482' N, Long. 76°15.511' W; then running 91° True to a point defined by Lat. 38°54.476' N, Long. 76°15.059' W; then running 199° True to a point defined by Lat. 38°54.130' N, Long. 76°15.213' W; then running 210° True to the point of beginning; and

(b) All of the waters of Eastern Bay enclosed by a line beginning at a point defined by Lat. 38°52.672' N, Long. 76°18.659' W; then running 304° True to a point defined by Lat. 38°52.995' N, Long. 76°19.265' W; then running 36° True to a point defined by Lat. 38°53.465' N, Long. 76°18.825' W; then running 122° True to a point defined by Lat. 38°53.160' N, Long. 76°18.211' W; then running 216° True to the point of beginning.

(2) Kent County Power Dredge Study Area. All of the waters of the Chesapeake Bay enclosed by a line beginning at a point defined by Lat. 39°7.690' N, Long. 76°18.868' W; then running 5° True to a point defined by Lat. 39°8.482' N, Long. 76°18.772' W; then running 111° True to a point defined by Lat. 39°8.258' N, Long. 76°18.038' W; then running 111° True to a point defined by Lat. 39°8.114' N, Long. 76°17.546' W; then running 170° True to a point defined by Lat. 39°7.603' N, Long. 76°17.432' W; then running 272° True to a point defined by Lat. 39°7.623' N, Long. 76°18.167' W; then running 277° True to the point of beginning.

(3) Dorchester County Power Dredge Study Area. All of the waters of Holland Straits enclosed by a line beginning at a point defined by Lat. 38°6.359' N, Long. 76°3.752' W, then running 273° True to a point defined by Lat. 38°6.385' N, Long. 76°4.481' W, then running 2° True to a point defined by Lat. 38°6.840' N, Long. 76°4.463' W, then running 95° True to a point defined by Lat. 38°6.790' N, Long. 76°3.749' W, then running 180° True to the point of beginning.

D. Wild Grounds Study Area.

(1) The study area consists of all of the waters of Eastern Bay enclosed by a line beginning at a point defined by Lat. 38°53.160' N, Long. 76°18.211' W; then running 302° True to a point defined by Lat. 38°53.465' N, Long. 76°18.825' W; then running 36° True to a point defined by Lat. 38°53.633' N, Long. 76°18.668' W; then running 124° True to a point defined by Lat. 38°53.320' N, Long. 76°18.063' W; then running 216° True to the point of beginning.

(2) A commercial licensee may not harvest oysters with a power dredge in this area unless authorized by public notice in accordance with §E of this regulation.

E. Public Notice.

(1) In order to evaluate the potential effects of power dredging, the Department may, by public notice:

(a) Open or close portions of the areas defined in §§C(2) and D(1) of this regulation to the harvest of oysters; or

(b) Specify gear that may be used in portions of the area defined in §D(1) of this regulation.

(2) If it is determined necessary to maintain surface shell, the Department may by public notice establish the following:

(a) Portions of the areas defined in §§C(2) and D(1) of this regulation in which maintenance is necessary;

(b) Allowable gears for maintenance;

(c) A requirement to receive prior written permission by the Department to perform maintenance on the area;

(d) Number of licensees who may perform maintenance on the area; and

(e) Dates and times during which the maintenance may be performed.

(3) The public notice shall state its effective hour and date and shall be published on the Fisheries Service website at least 48 hours in advance of the effective hour and date.

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

(5) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.

Md. Code Regs. 08.02.04.12

Regulation .12 adopted as an emergency provision effective November 1, 1999 (26:24 Md. R. 1851); emergency status extended at 27:8 Md. R. 794; emergency status expired April 14, 2000
Regulation .12 adopted as an emergency provision effective November 8, 2000 (27:24 Md. R. 2197); adopted permanently effective April 16, 2001 (28:7 Md. R. 688)
Regulation .12 amended as an emergency provision effective January 27, 2003 (30:4 Md. R. 311); emergency status expired April 15, 2003; adopted permanently effective September 29, 2003 (30:19 Md. R. 1329)
Regulation .12 amended effective November 10, 2003 (30:22 Md. R. 1577); October 11, 2004 (31:20 Md. R. 1484); October 23, 2006 (33:21 Md. R. 1674); November 29, 2010 (37:24 Md. R. 1657)
Regulation .12 amended effective October 1, 2012 (39:19 Md. R. 1236); November 10, 2014 (41:22 Md. R. 1318)
Regulation .12D adopted as an emergency provision effective December 15, 2010 (38:2 Md. R. 79); adopted permanently effective March 21, 2011 (38:6 Md. R. 393)
Regulation .12D amended as an emergency provision effective January 19, 2012 (39:3 Md. R. 256); amended permanently effective April 2, 2012 (39:6 Md. R. 407)
Regulation .12E adopted as an emergency provision effective December 16, 2005 (33:1 Md. R. 33); adopted permanently effective February 27, 2006 (33:4 Md. R. 352)
Regulation .12E repealed effective March 24, 2008 (35:6 Md. R. 696)
Regulation .07 amended effective 42:20 Md. R. 1263, eff.10/12/2015; amended effective 46:20 Md. R. 843, eff. 10/7/2019