Md. Code Regs. 08.02.04.03 - Catching Oysters for Commercial Purposes
A. Season, Days, and
Catch Limits.
(1) The season for catching oysters
and the days of the week that an individual may catch oysters for commercial
purposes shall be established for each gear type, and may be modified, through a
public notice issued in accordance with Regulation .11 of this chapter.
(2) The daily commercial catch limits shall be
established for each gear type, and may be modified, through a public notice issued
in accordance with Regulation .11 of this chapter.
(3) The Department shall issue a public notice
that establishes the parameters described in §A(1) and (2) of this regulation
for the commercial oyster fishery not later than July 1 of each
year.
B. Lawful Methods. A
person may catch oysters for commercial purposes only by shaft tong, patent tong,
diving apparatus, dredge boat, dredge boat propelled by means of an auxiliary yawl
boat, or power dredge.
C. Times for
Catching and Delivering.
(1) During an open season
in November and December, a person may catch oysters for commercial purposes only
from:
(a) Sunrise until sunset when using shaft
tong, patent tong, diving apparatus, dredge boat, or dredge boat propelled by means
of an auxiliary yawl boat; and
(b)
Sunrise until 3 p.m. when using a power dredge.
(2) Except as described in §C(1) of this
regulation, during an open season a person may catch oysters for commercial purposes
only from:
(a) Sunrise until 3 p.m. when using
shaft tong, patent tong, dredge boat, diving apparatus, or power dredge;
and
(b) Sunrise until sunset when using
a dredge boat propelled by means of an auxiliary yawl boat.
D. A
person may not land or possess oysters on a vessel more than 2 hours after sunset or
anytime before sunrise.
E. An individual
shall notify the Natural Resources Police when there is an emergency which would
prevent compliance with the times specified in §§C and D of this
regulation.
F. Oysters may only be sold
in accordance with COMAR 08.02.08.02.
G.
In addition to the requirements of this chapter, a commercial licensee shall harvest
oysters in accordance with the National Shellfish Sanitation Program Model Ordinance
that is incorporated by reference by the Department of Health and Mental Hygiene in
COMAR 10.15.07.01A.
Notes
Regulation .03B amended effective May 29, 1981 (8:11 Md. R. 972)
Regulations Regulation .03 as an emergency provision effective September 14, 1998 (25:21 Md. R. 1570); adopted permanently effective December 28, 1998 (25:26 Md. R. 1919)
Regulation .03 amended as an emergency provision effective September 25, 2000 (27:20 Md. R. 1835); emergency status expired September 30, 2000
Regulation .03A amended effective April 20, 2009 (36:8 Md. R. 595); October 19, 2009 (36:21 Md. R. 1590)
Regulation .03B amended as an emergency provision effective November 1, 2000 (27:20 Md. R. 1835); amended permanently effective December 11, 2000 (27:24 Md. R. 2199)
Regulation .03B amended effective October 11, 2004 (31:20 Md. R. 1484)
Regulation .03C amended effective November 5, 2007 (34:22 Md. R. 1976)
Regulation .03D adopted effective November 5, 2007 (34:22 Md. R. 1976)
Regulation .03E adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1143); emergency status expired January 9, 2012
Regulation .03E adopted effective January 9, 2012 (38:27 Md. R. 1763)
Regulation .03 amended effective 41:25 Md. R. 1477, eff.
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