Md. Code Regs. 08.02.04.09

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

Section 08.02.04.09 - Areas Reserved for Hand Tonging, Exceptions

Except in areas established as oyster sanctuaries in Regulation .15A of this chapter or power dredge areas in Regulation .12B of this chapter, oysters may be taken only by hand tongs in the following areas, except that scooping, dredging, or scraping by hand may be permitted by the Department in certain areas reserved for hand tonging when watermen are denied access to oyster taking because of icing conditions.

A. Wicomico River, Charles and St. Mary's Counties: All the waters north of a line beginning at the southern tip of Cobb Island, defined by Lat. 38°15.307' N, Long. 76°50.532' W; then running 46° True to a point defined by Lat. 38° 16.193' N, Long. 76° 49.359' W, then running 22° True to a point defined by, Lat. 38° 16.272' N, Long. 76° 49.318' W, then running 18° True to a point defined by, Lat. 38° 16.645' N, Long. 76° 49.164' W, then running 41° True to a point defined by, Lat. 38° 16.943' N, Long. 76° 48.839' W, then running 104° True to a point at or near the shore southeast of Bushwood Wharf defined by, Lat. 38° 16.800' N, Long. 76° 48.128' W.

B. Breton Bay and St. Clement Bay: All the waters northerly of a line beginning at or near Huggins Point, defined by Lat. 38°13.988' N, Long. 76°41.137' W; then running 236° True to a point defined by Lat. 38°13.103' N, Long. 76°42.810' W; then running 336° True to a point defined by Lat. 38°13.777' N, Long. 76°43.186' W; then running 256° True to a point defined by Lat. 38°13.440' N, Long. 76°44.929' W; then running 298° True to a point at or near the shore defined by Lat. 38°13.475' N, Long. 76°45.013' W ; and south of a line beginning at a point at or near the shore at Huggins Point defined by Lat. 38°13.980' N, Long. 76°41.138' W; then running 274° True to a point at or near the shore at Kaywood Point defined by Lat. 38°14.040' N, Long. 76°42.299' W.

C. St. George Creek: All the waters northwesterly of a line beginning at a tower on St. George Island defined by Lat. 38°7.738' N, Long. 76°29.582' W; then running 32° True to a point at or near shore defined by Lat. 38°8.316' N, Long. 76°29.130' W, except for all of the waters of the Piney Point Oyster Sanctuary enclosed by a line beginning at a point at or near the mean low water line on the shore defined by Lat. 38°09.922'N, Long. 76°31.275'W; then running 48° True about 78 meters to a point defined by Lat. 38°09.950'N, Long. 76°31.235'W; then running 118° True about 386 meters a point defined by Lat. 38°09.850'N, Long. 76°31.003'W; then running 175° True about 207 meters to a point defined by Lat. 38°09.738'N, Long. 76°30.993'W; then running 270° True about 100 meters to a point at or near the mean low water line on the shore defined by Lat. 38°09.738'N, Long. 76°31.062' W; then running northwesterly along the mean low water line of the shore, excluding all creeks and coves less than 100 yards in width, to the point of beginning.

D. South River: All the waters:

(1) Upstream of a line beginning at or near the northeast tip of Turkey Point defined by Lat. 38°54.545' N, Long. 76°29.679' W; then running 62° True to a point defined by Lat. 38°54.642' N, Long. 76°29.448' W; then running 7° True to a point defined by Lat. 38°55.649' N, Long. 76°29.293' W; then running 26° True to a point defined by Lat. 38°55.732' N, Long. 76°29.242' W; and

(2) Downstream of a line beginning at a point defined by Lat. 38°55.910' N, Long. 76°31.927' W; then running northeasterly approximately 42° True to a point defined by Lat. 38°56.495' N, Long. 76°31.235' W.

E. Chester River: All the waters:

(1) Upstream of a line beginning at a point at or near the shore north of Ringgold Point, defined by Lat. 39° 03.759' N, Long. 76° 12.625' W, then running 126° True to a point at or near the shore north of Piney Point, defined by Lat. 39° 02.813' N, Long. 76° 10.980' W; and

(2) Downstream of a line beginning at a point at or near the shore at Grays Inn Point defined by Lat. 39°5.415' N, Long. 76°11.556' W; then running 146° True to a point at or near the shore of Gordon Point defined by Lat. 39°3.757' N, Long. 76°10.109' W.

F. Eastern Bay and Shipping Creek: All the waters northerly of a line beginning at or near the southwest tip of Turkey Point defined by Lat. 38°54.125' N, Long. 76°17.980' W; then running 254° True to a point defined by Lat. 38°53.932' N, Long. 76°18.851' W; then running 283° True to a point defined by Lat. 38°54.057' N, Long. 76°19.554' W; then running 283° True to a point defined by Lat. 38°54.173' N, Long. 76°20.205' W; and southerly of a line beginning at a point at or near the shore at Turkey Point defined by Lat. 38°54.129' N, Long. 76°17.978' W; then running 303° True to a point at or near the shore at the west entrance of Cox Creek, defined by Lat. 38°54.686' N, Long. 76°19.083' W.

G. Crab Alley Bay: All the waters northerly of a line beginning at or near Normans Point defined by Lat. 38°55.138' N, Long. 76°15.349' W; then running 241° True to a point at or near the southeast tip of Turkey Point defined by Lat. 38°54.177' N, Long. 76°17.573' W.

H. Prospect Bay: All the waters:

(1) South of a line beginning at a point at or near the MD Route 18 Bridge, defined by Lat. 38°58.212' N, Long. 76°14.771' W; then running 286° True to a point at or near the west end of the bridge defined by Lat. 38°58.242' N, Long. 76°14.906' W; and

(2) North of a line beginning at or near the shore of Cabin Creek defined by Lat. 38°56.510' N, Long. 76°13.610' W; then running 178° True to a point defined by Lat. 38°55.096' N, Long. 76°13.567' W; then running 272° True to a point at or near shore at Normans Point defined by Lat. 38°55.138' N, Long. 76°15.349' W.

I. Miles River: All the waters:

(1) Upstream of a line beginning at or near the shore of Rich Neck defined by Lat. 38°51.390' N, Long. 76°15.174' W; then running 113° True to a point defined by Lat. 38°50.298' N, Long. 76°11.810' W; and

(2) Downstream of a line beginning at a point at or near shore at the east entrance of Spencer Creek, defined by Lat. 38°46.539' N, Long. 76°11.920' W; then running 46° True to a point at or near the north shore of the Miles River, defined by Lat. 38°47.076' N, Long. 76°11.205' W.

J. Poplar Island Narrows: All the waters:

(1) North of a line beginning at or near the south end of the Poplar Island dike defined by Lat. 38°44.650' N, Long. 76°22.279' W; then running 154° True to a point defined by Lat. 38°43.588' N, Long. 76°21.619' W; then running 71° True to a point defined by Lat. 38°43.908' N, Long. 76°20.436' W; and

(2) South of a line beginning at a point defined by Lat. 38°46.416' N, Long. 76°20.020' W; then running 274° True to a point at or near Lowes Point defined by Lat. 38°46.553' N, Long. 76°22.343' W.

K. Broad Creek: All the waters north of a line beginning at a point at or near the shore at Nelson Point defined by Lat. 38°42.549' N, Long. 76°16.281' W; then running 61° True to a point at or near the south side of Bridge Creek, defined by Lat. 38°43.440' N, Long. 76°14.196' W.

L. Irish Creek: All the waters north of a line beginning at a point at or near the shore at Holland Point defined by Lat. 38°41.879' N, Long. 76°13.611' W; then running 186° True to a point defined by Lat. 38°41.838' N, Long. 76°13.617' W; then running 92° True to a point at or near the shore at Lucy Point defined by Lat. 38°41.825' N, Long. 76°13.178' W.

M. Tred Avon River: All the waters:

(1) North of a line beginning at or near the southeastern tip of Benoni Point defined by Lat. 38°40.247' N, Long. 76°11.982' W; then running 96° True to a point at or near the shore at the north side of Boone Creek, defined by Lat. 38°40.070' N, Long. 76°10.117' W;

(2) West of a line beginning at a point at or near the shore on the east side of Town Creek, defined by Lat. 38°41.835' N, Long. 76°9.923' W; then running 255° True to a point defined by Lat. 38°41.823' N, Long. 76°9.981' W; then running 0° True to a point at or near the shore of the east side of Plaindealing Creek, defined by Lat. 38°42.576' N, Long. 76°9.978' W; and

(3) West of a line beginning at a point defined by Lat. 38°40.965' N, Long. 76°10.407' W; then running 239° True to a point defined by Lat. 38°40.909' N, Long. 76°10.528' W; then running 210° True to a point defined by Lat. 38°40.830' N, Long. 76°10.586' W; then running 183° True to a point defined by Lat. 38°40.741' N, Long. 76°10.593' W; then running 154° True to a point defined by Lat. 38°40.641' N, Long. 76°10.531' W.

N. Choptank River: All the waters north of a line beginning at or near Howell Point defined by Lat. 38°36.746' N, Long. 76°6.626' W; then running 209° True to a point defined by Lat. 38°36.295' N, Long. 76°6.938' W; then running 170° True to a point defined by Lat.38°36.006' N, Long. 76°6.871' W; then running 90° True to a point defined by Lat. 38°36.012' N, Long. 76°5.958' W; then running 88° True to a point defined by Lat. 38°36.030' N, Long. 76°5.082' W; then running 131° True to a point defined by Lat. 38°34.833' N, Long. 76°3.344' W; then running 30° True to a point at or near the north shore of the Choptank River, defined by Lat. 38°35.484' N, Long. 76°2.860' W.

O. Little Choptank River: All the waters:

(1) South of a line beginning at a point at or near shore on Hills Point Neck defined by Lat. 38°32.678' N, Long. 76°16.528' W; then running 245° True to a point at or near the northeast tip of James Island defined by Lat. 38°31.373' N, Long. 76°20.092' W; and

(2) West of a line beginning at a point at or near the shore of Susquehanna Point defined by Lat. 38°30.642' N, Long. 76°15.492' W; then running 329° True to a point at or near shore at the south end of Ragged Point Island, defined by Lat. 38°31.886' N, Long. 76°16.440' W.

P. Fishing Bay: All the waters northerly of a line beginning at a point at or near shore defined by corner 9 of Natural Oyster Bar 24-7, defined by Lat. 38°19.480' N, Long. 76°01.888' W; then running approximately 182° True to a point defined by corner 10 of Natural Oyster Bar 24-7, defined by Lat. 38°19.452' N, Long. 76°01.888' W; then running approximately 144° True to a point at or near shore defined by corner 5 of Natural Oyster Bar 24-6, defined by Lat. 38°18.557' N, Long. 76°01.065' W.

Q. Nanticoke River: All the waters:

(1) North of a line beginning at or near Sandy Point, defined by Lat. 38°14.803' N, Long. 75°56.385' W; then running approximately 96° True to a point at or near the shore north of Jones Creek, defined by Lat. 38°14.635' N, Long. 75°54.352' W; and

(2) South of a line beginning at a point at or near the shore at Sandy Point defined by Lat. 38°14.803' N, Long. 75°56.403' W; then running 43° True to a point at or near the shore at Roaring Point defined by Lat. 38°15.870' N, Long. 75°55.155' W; except

(3) All the waters of the Roaring Point Oyster Sanctuary enclosed by a line beginning at a point defined by Lat. 38°15.120'N, Long. 75°54.788'W; then running approximately 358° True to a point defined by Lat. 38°15.337'N, Long. 75°54.798'W; then running approximately 88° True to a point defined by Lat. 38°15.123'N, Long. 75°54.717'W; then running approximately 177° True to a point defined by Lat. 38°15.338'N, Long. 75°54.732'W; then running approximately 267° True to the point of beginning.

R. Holland Straits: All the Somerset County waters in Holland Straits:

(1) Southeast of a line beginning at or near Sedgy Point defined Lat. 38°05.484' N, Long. 76°03.352' W; then running approximately 306° True to a point at or near Pry Island defined by Lat. 38°05.705' N, Long. 76°03.734' W; then running 21° True to a point defined by Lat. 38°6.664' N, Long. 76°3.283' W; then running 27° True to a point defined by Lat. 38°8.845' N, Long. 76°1.873' W; then running 140° True to a point at or near Sound Point defined by Lat. 38°7.883' N, Long. 76°0.852' W;

(2) North of a line in Pungers Creek beginning at a point defined by Lat. 38°7.165' N, Long. 76°1.877' W; then running 257° True to a point defined by Lat. 38°7.139' N, Long. 76°2.022' W;

(3) North of a line in Little Pungers Creek beginning at a point defined by Lat. 38°6.760' N, Long. 76°2.325' W; then running 175° True to a point defined by Lat. 38°6.691' N, Long. 76°2.317' W; and

(4) North of a line in Pry Cove beginning at a point defined by Lat. 38°5.173' N, Long. 76°2.098' W; then running 267° True to a point defined by Lat. 38°5.169' N, Long. 76°2.187' W.

S. Island Creek, Choptank River: All the waters northeasterly of a line beginning at a point at or near the shore at the north side of Island Creek, defined by Lat. 38°39.697' N, Long. 76°9.699' W; then running 120° True to a point at or near the shore at the south side of Island Creek, defined by Lat. 38°39.517' N, Long. 76°9.300' W.

T. La Trappe Creek, Choptank River: All the waters:

(1) Northerly of a line beginning at a point at or near the shore of Martin Point defined by Lat. 38°37.716' N, Long. 76°7.324' W; then running 109° True to a point at or near the west shore of Grubin Neck defined by Lat. 38°37.609' N, Long. 76°6.927' W; and

(2) Southerly of a line beginning at or near the south entrance of an unnamed cove on the east side of La Trappe Creek defined by Lat. 38°38.157'N, Long. 76°06.462'W; then running approximately 269° True to a point at or near the north entrance of an unnamed cove on the west side of La Trappe Creek defined by Lat. 38°38.162'N, Long. 76°06.937'W.

Md. Code Regs. 08.02.04.09

Regulation .09, Power Assisted Hand Tonging, adopted as an emergency provision effective September 15, 1982 (9:21 Md. R. 2103), expired January 15, 1983
Regulation .09, Areas Reserved for Hand Tonging, Exceptions, adopted effective September 12, 1983 (10:18 Md. R. 1607)
Regulation .09 amended effective November 29, 2010 (37:24 Md. R. 1657)
Regulation .09 amended effective October 1, 2012 (39:19 Md. R. 1236)
Regulation .09T amended effective October 25, 1993 (20:21 Md. R. 1653)
Regulation .09X and Y adopted as an emergency provision effective September 15, 1983 (10:20 Md. R. 1780); adopted permanently December 5, 1983 (10:24 Md. R. 2184)
Regulations .09 adopted effective 41:19 Md. R. 1076, eff.9/29/2014