Md. Code Regs. 08.02.04.17

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

Section 08.02.04.17 - Public Shellfish Fishery Area

A. Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (June 2023) designates public shellfish fishery areas in the Chesapeake Bay and its tidal tributaries and is hereby incorporated by reference.

B. Declassification.

(1) A person may petition the Department to declassify a portion of a public shellfish fishery area by submitting a lease application as described in COMAR 08.02.23.03A or B and Natural Resources Article, § 4-11A-09, Annotated Code of Maryland.

(2) The declassification of a public shellfish fishery area may be approved:

(a) If the results of a biological survey conducted by the Department or a designated agent show that the average density of oysters per square meter is equal to or below the maximum threshold of one oyster that is 1 inch or greater per square meter;

(b) After commercial harvest activity and other quantitative data is considered by the Department;

(c) If the lease application meets the requirements of COMAR 08.02.23.03 ; and

(d) If the lease application is approved in accordance with Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland.

Md. Code Regs. 08.02.04.17

Regulation .17 adopted effective September 6, 2010 (37:18 Md. R. 1213)
Regulation .17A amended as an emergency provision effective January 20, 2011 (38:4 Md. R. 262); amended permanently effective April 4, 2011 (37:8 Md. R 429)
Regulation .17A amended as an emergency provision effective October 10, 2011 (38:23 Md. R 1416); amended permanently effective March 19, 2012 (39:5 Md. R. 381)
Regulation .17A amended effective October 1, 2012 (39:19 Md. R. 1236); amended effective 45:2 Md. R. 68, eff. 1/29/2018; amended effective 46:3 Md. R. 106, eff. 2/11/2019; amended effective 47:6 Md. R. 340, eff. 3/23/2020; amended effective 50:21 Md. R. 943-962, eff. 10/30/2023