Md. Code Regs. 08.02.04.11 - General Provisions
A. Definitions.
(1) In this chapter, the following terms have the
meanings indicated.
(2) Terms Defined.
(a) "Bushel" means an amount of oysters that would
fill a container that meets the requirements of Regulation .04A of this
chapter.
(b) "Marketable oyster" means
an oyster that measures at least 3 inches in length from hinge to bill.
(c) Oyster Harvest Area.
(i) "Oyster harvest area" means submerged ground
where an individual may catch oysters.
(ii) "Oyster harvest area" does not include an
area leased for aquaculture, restricted by the Maryland Department of the
Environment, or designated as a submerged aquatic vegetation protection zone,
harvest reserve area, or sanctuary.
(d) "Spat" means an oyster that measures less than
1 inch in length from hinge to bill.
(e)
"Undersized oyster" means an oyster that measures at least 1 inch in length from
hinge to bill and less than 3 inches in length from hinge to
bill.
B. This
chapter does not apply in areas leased for shellfish cultivation under Natural
Resources Article, Title 4, Subtitle 11 A, Annotated Code of Maryland.
C. Oyster Culling.
(1) A person who catches oysters shall cull the
oysters on the natural bar from which they were caught and return every shell to the
bar. Any oysters whose shell measures less than 3 inches in length, from hinge to
bill, shall be included in the culling and replaced upon the bar from which
caught.
(2) Except as provided in
§C(4) and (5) of this regulation, any oyster whose shell measures less than 3
inches in length, from hinge to bill, shall be included in the culling and replaced
upon the bar from which caught.
(3) A
person may not possess more than 5 percent shells and oysters less than the
allowable size specified in §C(2) of this regulation.
(4) A person may possess marketable oysters that
have undersized oysters attached to them that cannot be separated without destroying
the undersized oyster.
(5) A person may
possess marketable oysters that have spat attached to them.
D. Fees for Moving Oyster Seed.
(1) Subject to the other conditions and terms
agreed to each year, the rates to be paid by the Department to any person for the
moving of oyster seed shall be adjusted yearly in coordination with the hiring of
the captains to move the seed.
(2) A
captain hired to move seed shall be notified of the rates by certified
mail.
E. Fees for Purchasing,
Hauling, and Planting Fresh Oyster Shell.
(1)
Subject to other conditions and terms agreed to each year, the rate to be paid by
the Department to any person for the hauling and planting of fresh oyster shell
shall be established by public notice in accordance with §G of this regulation,
based on current fair market value.
(2)
The rate to be paid to purchase fresh oyster shell shall be established by public
notice in accordance with §G of this regulation, based on current fair market
value.
F. A licensed
commercial oyster harvester may not have more than one type of oyster harvest gear
on board a vessel with oysters on board.
G. General.
(1)
Notwithstanding Natural Resources Article, §§
4-1004,
4-1008.1,
4-1009,
4-1013, and
4-1015.1, Annotated Code
of Maryland, in order to implement the Maryland Chesapeake Bay Oyster Management
Plan, the Secretary may issue a public notice to:
(a) Establish or modify the season, daily catch
limits, days of the week, or times for catching oysters for recreational or
commercial purposes;
(b) Open or close
an oyster harvest area for the harvesting or conservation of oysters; or
(c) Establish or modify the rates to be paid for
the purchase, hauling, and planting of fresh oyster shell.
(2) A public notice issued to implement
§G(l)(b) of this regulation shall state:
(a)
The specific area;
(b) The specific
period of time that the area is opened or closed;
(c) Daily bushel limits; and
(d) The days of the week a person may catch
oysters in the area.
(3) A
public notice shall state its effective hour and date and shall be published on the
Department's 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.
Notes
Regulation .11D, E adopted effective October 11, 2004 (31:20 Md. R. 1484)
Regulation .11F amended as an emergency provision effective 41:2 Md. R. 88, eff.
Regulation .11G, H adopted effective September 24, 2007 (34:19 Md. R. 1649)
Regulation .11I adopted effective March 24, 2008 (35:6 Md. R. 696); amended effective 43:6 Md. R. 404, eff.
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