Md. Code Regs. 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.
Notes
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.
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