Section 2604 - Permitted harvesting areas(a) It shall be unlawful to harvest surf clams in any waters designated as contaminated by the Department.(b) The Department may open and close harvesting areas by regulation. If, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect clams or other shellfish resources of the State, it may do so with advance notice, as it deems necessary.64 Del. Laws, c. 243, §2; 70 Del. Laws, c. 588, § 3.;