Md. Code Regs. 08.02.04.03

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

Section 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.

(3) An individual who harvests oysters for commercial purposes shall deliver oysters:

(a) To 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

(b) Not later than 9 p.m. on the same day of harvest.

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.

Md. Code Regs. 08.02.04.03

Regulation .03 amended effective August 15, 1983 (10:16 Md. R. 1450)
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.12/22/2014; amended effective 46:17 Md. R. 725, eff. 8/26/2019; amended effective 50:22 Md. R. 973, eff. 11/13/2023