Md. Code Regs. 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.
Notes
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.
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