Md. Code Regs. 08.02.04.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 08.02.04.01 - Patent Tong Areas

A. A person may not use patent tongs to catch oysters in any of the waters listed in this section.

(1) Tidal waters of the following counties, other than those waters included as part of the Chesapeake Bay, Tangier Sound, and Pocomoke Sound as defined by COMAR 08.02.01.06B:

(a) Wicomico County;

(b) Queen Anne's County, except as provided in §B(5) of this regulation;

(c) Talbot County;

(d) Dorchester County; and

(e) Kent County, except as provided in §§B(1)-(4) of this regulation.

(2) Patuxent River, except as provided in §B(6) of this regulation.

(3) Tributaries of the Potomac River.

(4) South River in Anne Arundel County north and west of a straight line drawn between Thomas Point defined by Lat. 38°54.440' N, Long. 76°27.610' W and Saunders Point defined by Lat. 38°53.190' N, Long. 76°29.440'W.

(5) Chesapeake Bay. All of the waters of the Chesapeake Bay enclosed by a line beginning at a point on the shore at Richland Point defined by Lat. 38°14.846' N, Long. 76°10.332' W; then running 315° True to a point on the shore at the south end of Barren Island, defined by Lat. 38°19.460' N, Long. 76°15.430'W; then running 112° True to a point defined by Lat. 38°18.424' N, Long. 76°13.400' W; then running southeasterly along the shore to a point near the north end of the Narrows Ferry Bridge, defined by Lat. 38°17.917' N, Long. 76°12.389' W; then running 155° True to a point near the south end of the Narrows Ferry Bridge, defined by Lat. 38°17.676' N, Long. 76°12.250' W; then running southeasterly along the shore to the point of beginning.

B. Exceptions. A person may catch oysters by patent tong in the areas listed in this section.

(1) Natural Oyster Bar 5-2: All of the waters enclosed by a line beginning at a point defined by Lat. 39°6.272' N, Long. 76°17.175' W; then running 335° True to a point defined by Lat. 39°6.765' N, Long. 76°17.464' W; then running 63° True to a point defined by Lat. 39°6.861' N, Long. 76°17.222' W; then running 143° True to a point defined by Lat. 39°6.575' N, Long. 76°16.944' W; then running 211° True to the point of beginning.

(2) Natural Oyster Bar 2-9: All of the waters enclosed by a line beginning at a point defined by Lat. 39°7.507' N, Long. 76°18.981' W; then running 0° True to a point defined by Lat. 39°8.857' N, Long. 76°18.981' W; then running 38° True to a point defined by Lat. 39°11.002' N, Long. 76°16.858' W; then running 62° True to a point defined by Lat. 39°11.665' N, Long. 76°15.225' W; then running southwesterly along shore excluding all creeks and coves less than 300 feet in width to a point defined by Lat. 39°10.830' N, Long. 76°16.017' W; then running 240° True to a point defined by Lat. 39°10.508' N, Long. 76°16.732' W; then running 195° True to a point defined by Lat. 39°8.416' N, Long. 76°17.469' W; then running 168° True to a point defined by Lat. 39°7.602' N, Long. 76°17.245' W; then running 259° True to a point defined by Lat. 39°7.507' N, Long. 76°17.858' W; then running 270° True to the point of beginning.

(3) Natural Oyster Bar 2-10: All of the waters enclosed by a line beginning at a point defined by Lat. 39°7.508' N, Long. 76°15.842' W; then running 349° True to a point defined by Lat. 39°7.736' N, Long. 76°15.899' W; then running 85° True to a point defined by Lat. 39°7.793' N, Long. 76°14.979' W; then running 180° True to a point defined by Lat. 39°7.503' N, Long. 76°14.982' W; then running 270° True to the point of beginning.

(4) Natural Oyster Bar 5-1: All of the waters enclosed by a line beginning at a point defined by Lat. 39°7.349' N, Long. 76°18.981' W; then running 0° True to a point defined by Lat. 39°7.507' N, Long. 76°18.981' W; then running 90° True to a point defined by Lat. 39°7.507' N, Long. 76°17.858' W; then running 260° True to the point of beginning.

(5) All of the waters of Eastern Bay south and west of a line beginning at a point defined by Lat. 38°49.904' N, Long. 76°20.384' W; then running 48° True to a point defined by Lat. 38°50.871' N, Long. 76°19.031' W; then running 115° True to a point defined by Lat. 38°50.746' N, Long. 76°18.686' W; then running 233° True to a point defined by Lat. 38°50.574' N, Long. 76°18.978' W; then running 201° True to a point defined by Lat. 38°48.693' N, Long. 76°19.884' W; then running 90° True to a point on shore, defined by Lat. 38°48.686' N, Long. 76°18.54' W; then running southerly along the shore to Lowes Point defined by Lat. 38°46.416' N, Long. 76°20.02' W; then running 323° True to a point defined by Lat. 38°47.861' N, Long. 76°21.394' W; then running 210° True to a point on Poplar Island defined by Lat. 38°46.553' N, Long. 76°22.342' W.

(6) Patuxent River. All of the waters of the Patuxent River enclosed by a line beginning at a point on the shore at Hog Point defined by Lat. 38°18.586' N, Long. 76°23.993' W; then running westerly along the shore to a point on the shore at Fishing Point defined by Lat. 38°18.285' N, Long. 76°25.355' W; then running 345° True to a point defined by Lat. 38°18.525' N, Long. 76°25.434' W; then running 251° True to a point defined by Lat. 38°18.271' N, Long. 76°26.356' W; then running 196° True to a point on the shore, defined by Lat. 38°17.503' N, Long. 76°26.640' W; then running northwesterly along the shore to a point on shore at Sotterly Wharf, defined by Lat. 38°22.728' N, Long. 76°32.003' W; then running 77° True to a point near St Leonard's Creek Beacon, defined by Lat. 38°23.065' N, Long. 76°30.177' W; then running 77° True to a point on the shore, defined by Lat. 38°23.128' N, Long. 76°29.826' W; then running southeasterly along the shore to a point defined by Lat. 38°20.631' N, Long. 76°28.241' W; then running 282° True to a point defined by Lat. 38°20.638' N, Long. 76°28.287' W; then running 213° True to a point defined by Lat. 38°20.008' N, Long. 76°28.815' W; then running 132° True to a point on the shore, defined by Lat. 38°19.983' N, Long. 76°28.780' W; then running southeasterly along the shore to a point at the south entrance of Solomon's Harbor, defined by Lat.8°19.263' N, Long. 76°27.103' W; then running 7° True to a point at the north entrance of Solomon's Harbor, defined by Lat. 38°19.370' N, Long. 76°27.087' W; then running easterly along the shore to Drum Point defined by Lat. 38°19.143' N, Long. 76°25.266' W; then running 119° True to the point of beginning, excluding the waters of Neal Addition Sanctuary which is defined as: All of the waters of the area enclosed by a line beginning at a point defined by Lat. 38°22.480' N, Long. 76°31.460' W; then running approximately 307° True to a point defined by Lat. 38°22.552' N, Long. 76°31.580' W; then running approximately 28° True to a point defined by Lat. 38°22.612' N, Long. 76°31.540' W; then running approximately 127° True to a point defined by Lat. 38°22.540' N, Long. 76°31.420' W; then running approximately 208° True to the point of beginning.

Md. Code Regs. 08.02.04.01

Regulation .01 amended effective November 29, 2010 (37:24 Md. R. 1657); amended effective 46:20 Md. R. 843, eff. 10/7/2019; amended effective 47:20 Md. R. 874, eff. 10/5/2020