Title 4. Fish and Fisheries — Subtitle 10. Oysters and Clams
Statutes in effect as of October 1, 2026.
Md. Code Ann., Nat. Res. § 4-1001 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1001LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Buy boat” means any boat engaged or used in buying, selling, or transporting oysters caught by other boats.
(c)
“Chesapeake Bay” means the waters, commonly known as the Chesapeake Bay as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.
(d)
“County waters” means the waters lying within the territorial limits of any county in the State as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.
(e)
“Diving apparatus” means any diving equipment that is supplied with air from the surface through a hose, or diving equipment generally referred to as scuba, the use of which allows a person to catch oysters by hand beneath the water.
(f)
“Dredge” includes any dredge, scoop, scrape, or similar device used in catching oysters or clams by dragging.
(g)
“Dredge boat” means any sailboat which does not have a screw, propeller, engine, turbine, or other device for self–propulsion, used in catching oysters or clams by dredge.
(h)
“Dunnaged boat” means any boat having a false bottom, partition, ceiling, or deck, designed to diminish or having the effect of diminishing visible cargo space.
(i)
“Handscrape” means any dredge cast and hauled by hand and without any winch, winder, or spool.
(j)
“Hard–shell clams” means mollusks of the species Mercenaria mercenaria.
(k)
“Harvest” means to take, kill, trap, gather, catch or in any manner reduce any hard–shell clam, soft–shell clam, or oyster to personal possession or to attempt to engage in this conduct.
(l)
“Harvest reserve area” means an area designated by the Department for the restoration and harvesting of oysters on a rotational basis.
(m)
“Hydraulic clam dredge” means any device used for dredging clams which consists of a manifold through which water is forced under pressure for the purpose of digging clams and working them into the mouth of the dredge where the clams then are brought up to boat level by means of an escalator. “Hydraulic clam dredge” includes the vessel on which the dredge is carried.
(n)
“Marketable oyster” means any oyster measuring 3 inches or more from hinge to mouth.
(o)
“Natural oyster bar” means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the Oyster Survey of 1906 to 1912 and its amendments.
(p)
“Packer” means any person having a fixed place of business and buying, selling, packing, shucking, or preparing oysters for sale, trade, barter, or shipment to any dealer, merchant, or retailer.
(q)
“Patent tongs” means any pincers, nippers, tongs, or similar device used to catch oysters and clams raised with rope, cable, or other hoisting gear.
(r)
“Shinnecock rake” means a tool used to catch hard–shell clams or oysters that:
(1)
Is towed from a vessel under power; and
(2)
Consists of a tooth bar with projecting long, outwardly, and upwardly curving teeth which are progressively smaller towards the ends, form a basket, and are set transversely at the end of a long, usually wooden handle.
(s)
“Soft–shell clams” means mollusks of the species Mya arenaria and of the species Genus Tagelus.
(t)
(1)
“Tong” means any pincers, nippers, tongs, or similar device used in catching oysters and clams and consisting of 2 shafts or handles and a metal body composed of 2 opposable and complementary baskets that:
(i)
Are opened, closed, and emptied entirely by hand; and
(ii)
(1)
Are lifted by hand; or
(2)
May use power to assist lifting the tongs with a single lifting cable or rope attached at only a single point on 1 shaft of the tongs.
(2)
“Tong” includes:
(i)
Shaft tongs; and
(ii)
Hand tongs.
(3)
“Tong” does not include a patent tong.
(u)
“Tong boat” means any boat on or from which tongs or patent tongs are used in catching oysters.
Md. Code Ann., Nat. Res. § 4-1002 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1002LinkCopy Citation
Notwithstanding any other provision of this title, a person may not catch or attempt to catch clams or oysters by power dredge, hydraulic clam dredge, or other mechanical means in the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
Md. Code Ann., Nat. Res. § 4-1003 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1003LinkCopy Citation
Any resident of the State may catch oysters or clams on any area in the waters of the State from which catching oysters or clams is permitted under the provisions of this subtitle. This section applies to catching oysters or clams by rakes, tongs, patent tongs, dredges, handscrapes, or by other means permitted by law for the particular area. This section applies also to catching clams by hydraulic or mechanical dredges or rigs permitted by law for the particular area. This section does not affect any provision of this subtitle concerning the licensing or regulation of catching oysters or clams, except as specifically provided in this section.
Md. Code Ann., Nat. Res. § 4-1004 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1004LinkCopy Citation
(a)
(1)
A resident may catch clams in accordance with regulations adopted by the Department.
(2)
A nonresident may catch in the tidal bays of Worcester County hard clams for the nonresident’s own use and consumption in accordance with regulations adopted by the Department.
(b)
Only a resident of the State may obtain a license to catch:
(1)
Oysters or clams for commercial purposes in the waters of the State; or
(2)
Oysters for recreational purposes in the waters of the State.
Md. Code Ann., Nat. Res. § 4-1004.1 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1004.1LinkCopy Citation
(a)
In this section, “former prisoner of war” means an individual who, while serving in the active military, naval, or air service of the United States, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict.
(b)
There is a recreational oyster license.
(c)
Except as provided in subsection (f) of this section, a person at least 16 years old shall secure a recreational oyster license to harvest oysters in the tidal waters of the State.
(d)
(1)
The Department shall develop and publish an application form for obtaining a recreational oyster license.
(2)
(i)
Except as provided in subsection (f) of this section, to obtain a recreational oyster license to harvest oysters in the waters of the State, a State resident at least 16 years old shall submit to the Department an application using the form developed and published by the Department.
(ii)
The application shall include:
(1)
The last four digits of the applicant’s Social Security number, if the applicant has a Social Security number;
(2)
Payment of a $10 application fee; and
(3)
Any other information requested by the Department.
(iii)
The Department shall use a portion, as determined by the Department, of the application fee collected under this paragraph to replenish public fishery oyster bars by planting shell and juvenile oysters.
(3)
An applicant may not willfully make a false statement or representation to the Department on the application.
(e)
(1)
(i)
A recreational oyster license may be issued by an authorized agent of the Department.
(ii)
The Department may designate a person engaged in a commercial enterprise as an agent to sell recreational oyster licenses.
(iii)
An agent may retain 50 cents for each recreational oyster license issued by the agent.
(2)
The Department shall issue a complimentary recreational oyster license to a resident of the State who certifies that the resident is:
(i)
A former prisoner of war;
(ii)
An American veteran who is determined to be unemployable by the U.S. Department of Veterans Affairs;
(iii)
A 100% service–connected disabled American veteran; or
(iv)
Blind.
(3)
The Department shall:
(i)
Issue a discounted recreational oyster license to a resident of the State who is a recipient of the Purple Heart Award; and
(ii)
Determine the cost of the discounted application fee.
(f)
(1)
Subject to paragraph (2) of this subsection, an individual may catch oysters without a recreational oyster license if the individual:
(i)
Owns or leases property bordering tidal waters of the State; or
(ii)
(1)
Is the spouse or immediate family member of the individual under item (i) of this paragraph; and
(2)
Resides on the property owned or leased under item (i) of this paragraph.
(2)
(i)
Before an individual may catch oysters in accordance with this subsection, the individual shall:
(1)
Register with the Department; and
(2)
Provide all information requested by the Department.
(ii)
The Department may not establish a fee to register under this paragraph.
(g)
A licensee shall physically possess the license while harvesting or attempting to harvest oysters.
(h)
(1)
A recreational oyster license shall be valid for 1 year following the date of issuance.
(2)
A licensee may not transfer a recreational oyster license.
(i)
The Department may adopt regulations to implement this section.
Md. Code Ann., Nat. Res. § 4-1005 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1005LinkCopy Citation
(a)
Subject to restrictions promulgated pursuant to this subtitle, a person may catch oysters or clams in the waters of the State only by hand, rakes, tongs, patent tongs, diving apparatus, dredges, handscrapes, cultch material suspended on strings, in trays, in bags, or similar devices. Soft-shell clams may be caught by hydraulic or mechanical dredges or rigs.
(b)
The Department may make uniform the size and weight of patent tongs in waters where patent tongs are permitted. However, any person using any size or weight patent tongs on June 1, 1964, may continue to use them.
(c)
A person may catch oyster spat in the waters of the State by suspended means such as cultch material on strings, trays, bags, or similar devices, which do not touch the bottom and do not interfere with navigation.
Md. Code Ann., Nat. Res. § 4-1006 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1006LinkCopy Citation
(a)
A person may not catch oysters or clams within 400 yards of the Federal Research Laboratory at Oxford.
(b)
(1)
A person may not catch oysters or clams on any area closed by the Department of the Environment due to pollution.
(2)
However, oysters may be transplanted from areas deemed polluted during the closed season in accordance with the provisions of § 4-1009 of this subtitle and § 4-1106 of this title.
(3)
(i)
If the Department of the Environment closes any area to the catching of oysters or clams under this subsection, in addition to the notice required in subparagraph (ii) of this paragraph, the Department of Natural Resources shall mark the area so that the area can be seen from the water.
(ii)
The Department of Natural Resources shall adopt rules and regulations to provide for the marking in a plain and visibly obvious fashion of any area that is closed to the catching of oysters or clams because of pollution. Even in the absence of such marking devices, a person may not catch oysters or clams in a restricted area as designated by the Department of the Environment if notice has been given to the appropriate governing body and the committee of watermen of any county affected by the restriction.
(c)
During the open season for migratory wild waterfowl, a person may not catch oysters in Charles County within 500 yards of any stationary blind or blind site which is occupied and is being used for hunting migratory wild waterfowl.
Md. Code Ann., Nat. Res. § 4-1006.1 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1006.1LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“SAV protection zone” means an area delineated by the Department for the protection from uprooting and the restoration of submerged aquatic vegetation.
(3)
“SAV survey” means:
(i)
The annual submerged aquatic vegetation survey compiled by the Virginia Institute of Marine Sciences for the Chesapeake Bay and Atlantic Coastal Bays; or
(ii)
Any other survey that:
(1)
Encompasses the distribution of submerged aquatic vegetation in:
(A)
The Chesapeake Bay;
(B)
The Atlantic Coastal Bays; or
(C)
The Chesapeake Bay and the Atlantic Coastal Bays;
(2)
Uses a methodology for SAV surveys approved by the U.S. Environmental Protection Agency’s Chesapeake Bay Program; and
(3)
Is approved by the Department.
(b)
(1)
In 2004 and every 3 years thereafter, the Department shall update the delineations of SAV protection zones that were completed in 2001.
(2)
The updated delineations shall include areas where submerged aquatic vegetation has been mapped by SAV surveys during at least 1 of the previous 3 years.
(c)
(1)
Except as provided in paragraph (2) of this subsection, a previously delineated SAV protection zone may be opened to the use of the gear set forth in subsection (f) of this section during an update if:
(i)
SAV surveys have not shown any submerged aquatic vegetation in the area during the past 3 years; or
(ii)
SAV surveys have shown the density of submerged aquatic vegetation in that area to be less than 10% during each of the past 6 years.
(2)
The areas in the vicinity of Smith Island, South Marsh Island, and Bloodsworth Island that were closed to hydraulic clam dredging in the 1999 delineation shall be closed to the gear set forth in subsection (f) of this section and may not be reopened.
(d)
(1)
To the extent possible, the Department shall adjust SAV protection zones so that delineations are geographically manageable, utilizing straight lines and existing points of reference.
(2)
(i)
To the extent possible, an adjustment made in accordance with paragraph (1) of this subsection shall result in no net loss or gain of protected area.
(ii)
To the extent possible, to prevent the net loss or gain of protected area resulting from an adjustment made in accordance with paragraph (1) of this subsection, the adjustment may:
(1)
Exclude small areas of vegetated bottom; or
(2)
Include small areas of unvegetated bottom.
(e)
The Department:
(1)
Shall utilize buoys or other visible landmarks as appropriate to mark SAV protection zones;
(2)
May make revisions to the delineations of SAV protection zones at any time if determined to be necessary; and
(3)
Shall publish, by public notice, delineations of SAV protection zones and revisions to SAV protection zones.
(f)
A person may not use the following gear in a SAV protection zone:
(1)
A hydraulic clam dredge;
(2)
A traditional bottom dredge; and
(3)
A shinnecock rake.
(g)
This section may not be construed to affect the authority of the Department to adopt any additional measures that the Department determines are necessary to protect submerged aquatic vegetation beds in the waters of the State.
Md. Code Ann., Nat. Res. § 4-1006.2 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1006.2LinkCopy Citation
(a)
The Department annually shall publish maps and coordinates of oyster sanctuaries, closed oyster harvest reserve areas, and areas closed to shellfish harvest by the Department of the Environment.
(b)
(1)
The Department shall provide the publications required under this section to each tidal fish licensee who pays the oyster surcharges required under § 4–701(g) of this title.
(2)
Before a person may catch oysters under a tidal fish license that has an oyster authorization and for which the oyster surcharges have been paid, the person shall certify to the Department on a form the Department prescribes that the person received the publications required under this section.
Md. Code Ann., Nat. Res. § 4-1007 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1007LinkCopy Citation
(a)
The Department may adopt regulations designating oyster and clam buying stations and establishing the procedures for selling oysters and clams.
(b)
The Department shall print up and make available to the buyer of oysters or clams the necessary forms required in regulations adopted under this section.
Md. Code Ann., Nat. Res. § 4-1008 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1008LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Introduction” means the intentional or accidental placement in State waters of a nonnative oyster for any purpose other than scientific research that is conducted in accordance with standards developed by the Chesapeake Bay Program under the U.S. Environmental Protection Agency.
(3)
“Nonnative” means a species of oyster other than the Crassostrea virginica.
(b)
Except for the Department, a person may not introduce a nonnative oyster into State waters unless the person has a permit issued by the Department.
(c)
(1)
The Department may not introduce a nonnative oyster into State waters or issue a permit to another person for an introduction unless:
(i)
The recommendations set forth in the 2004 report, “Nonnative Oysters in the Chesapeake Bay”, produced by the Committee on Nonnative Oysters in the Chesapeake Bay, Ocean Studies Board, Division on Earth and Life Studies of the National Research Council, have been met to the extent feasible for the State of Maryland;
(ii)
The specific research recommendations set forth in “Identifying and Prioritizing Research Required to Evaluate Ecological Risks and Benefits of Introducing Diploid Crassostrea Ariakensis to Restore Oysters to the Chesapeake Bay” (STAC Publication 04–002), have been fully met;
(iii)
A draft environmental impact statement conducted in accordance with the recommendations specified in items (i) and (ii) of this paragraph has been completed; and
(iv)
An independent oyster advisory panel of scientific experts appointed by the Secretary has:
(1)
Reviewed and approved the sufficiency of the data and assessments used to identify the ecological and economic risks and benefits of introducing a nonnative oyster into State waters and the degree of risk associated with implementing each oyster restoration alternative identified in the draft environmental impact statement prepared in accordance with item (iii) of this paragraph; and
(2)
Identified any additional research that the panel recommends to reduce the level of risk and uncertainty.
(2)
Before the Department may introduce a nonnative oyster into State waters or issue a permit to another person for an introduction, the Department shall:
(i)
Subject to § 2–1257 of the State Government Article, submit a report to the General Assembly demonstrating that the Department has met the requirements of paragraph (1) of this subsection;
(ii)
Conduct public hearings regarding the Department’s decision to introduce or to issue a permit to introduce a nonnative oyster into State waters;
(iii)
For at least 30 days following the last public hearing conducted under item (ii) of this paragraph, receive written public comments on the Department’s decision to introduce or to issue a permit to introduce; and
(iv)
(1)
Issue and publish a final decision, including a full scientific rationale for the final decision, a summary of oral and written comments received under items (ii) and (iii) of this paragraph, and the Department’s response to these comments, in the Maryland Register; and
(2)
Publish the final decision, including all accompanying documentation under item 1 of this item, on the Department’s website.
(3)
Introduction of a nonnative oyster may not occur until at least 60 days after issuance of a final decision under paragraph (2)(iv) of this subsection.
(d)
In addition to any other penalty provided under law, a person who violates subsection (b) of this section is:
(1)
Guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $25,000 or both, with costs imposed in the discretion of the court; and
(2)
Liable for the imposition of a civil penalty up to $25,000 and, in the discretion of the court, the actual costs associated with remediation of the introduction.
Md. Code Ann., Nat. Res. § 4-1008.1 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1008.1LinkCopy Citation
(a)
The Department may prolong by not more than two weeks the season for catching oysters.
(b)
(1)
On the recommendation of the Calvert County or the St. Mary’s County tongers’ committee, the Department may authorize handscraping of oysters in the waters of Calvert and St. Mary’s counties for 2 weeks, if inclement weather has prevailed during the tonging season.
(2)
The Department shall determine the areas where handscraping of oysters is permitted.
(3)
The Department shall establish regulations for the handscraping of oysters under this subsection. There shall be a catch limit of 10 bushels per person and no more than 30 bushels per boat. A person may not handscrape for oysters after 12:00 noon.
Md. Code Ann., Nat. Res. § 4-1009 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1009LinkCopy Citation
(a)
During the closed season for taking oysters, a person may take seed oysters from the natural bars of the State marked by the Department for a period not exceeding one month in any one year, at times designated by the Department. The seed oysters shall be taken only in accordance with rules and regulations the Department prescribes, sold only to lessees of private oyster grounds, delivered only on leased oyster bottoms and subject to the provisions of § 4–1103(c) of this title.
(b)
The Secretary may establish by rule or regulation daily catch limits on the quantities of oysters which may be caught from the waters of the State except leased areas and aquaculture enterprise zones, and may amend the daily catch limits to conserve the public oyster resource. Notice of the establishment or amendment of these catch limits, including all applicable reasons for the Department’s action, shall be given before publication, to the Joint Committee on Administrative, Executive, and Legislative Review and by publication of the notice in at least one newspaper of general circulation in the State, in at least one newspaper of general circulation in each county in which the affected waters are located, and on the website of the Department not less than one week prior to the effective date.
(c)
A person may not land, sell, or attempt to land or sell on any day oysters from the waters of the State exceeding the daily catch limit established by the Secretary by more than 10 percent. However, in emergencies, the Department may authorize unloading up to two daily catch limits in 1 day. A licensed oyster buyer or dealer may sell or attempt to sell oysters which he shows were purchased from another catcher.
(d)
All oysters landed or offered for sale on any day by any person licensed to catch oysters which are in excess of the daily catch limit shall become the property of the State, and payment shall be made directly to the State by the buyer or receiver of the oysters at the same price paid the catcher for the balance of his catch. All funds received under this subsection shall be deposited to the credit of the Fisheries Research and Development Fund and shall be used for repletion of the natural oyster bars of the State.
Md. Code Ann., Nat. Res. § 4-1009.1 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1009.1LinkCopy Citation
(a)
The Department may adopt regulations which designate an area as a harvest reserve area for oysters.
(b)
Notwithstanding any other provision of law, by publishing public notice, the Department may establish for a harvest reserve area:
(1)
The opening or closure of an area for the harvesting or conservation of oysters;
(2)
The harvest limit;
(3)
The seasons, days, and times when oysters may be harvested;
(4)
A minimum size limit of not less than 3 inches; and
(5)
A maximum size limit.
(c)
(1)
An action of the Department under subsection (b) of this section may not become effective until:
(i)
A copy of the notice to be published under item (ii) of this paragraph has been delivered to the Joint Committee on Administrative, Executive, and Legislative Review; and
(ii)
48 hours after notice has been published:
(1)
In at least one newspaper of general circulation in the State;
(2)
In at least one newspaper of general circulation in each county in which the affected waters are located; and
(3)
On the website of the Department.
(2)
The notice required under paragraph (1) of this subsection shall state all applicable reasons for the Department’s action.
(d)
The Department shall use the following biological criteria for the opening and closing of a harvest reserve area:
(1)
Growth rates;
(2)
Disease prevalence and intensity;
(3)
Mortality thresholds; and
(4)
Biomass thresholds.
Md. Code Ann., Nat. Res. § 4-1010 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1010LinkCopy Citation
A person may not have patent tong heads on board a boat when shaft tonging in Queen Anne’s County, Wicomico County, and Kent County waters.
Md. Code Ann., Nat. Res. § 4-1012 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1012LinkCopy Citation
(a)
A person may not catch oysters by dredge in the Atlantic Coastal Bays, as defined in § 8–1802 of this article, or in the following areas of the Chesapeake Bay: the area bounded by a line drawn from Lowes Point towards the Bloody Point Lighthouse for a distance of 1.8 miles, and then direct to North Point on Poplar Island; then southerly around the westerly shore of Poplar Island to the southwesterly most point; then running in a straight line to the Department marker on the northern shore of Pawpaw Cove which area shall be reserved for catching of oysters with shaft tongs only; all the area lying within one–fourth mile of the western shore of Poplar Island; all the area within one–half mile of Plum Point; all the area within one and one–half miles of Sandy Point, Hackett Point, Tolly Point, and Thomas Point within Anne Arundel County waters; and the following oyster bars: 2–9, 2–10, 5–1, 5–2, 5–3A, 5–3B, 8–2, 8–6, and 8–9, as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.
(b)
Any boat sailing over any areas of the State which are exempt from dredging, by this subtitle or by rule or regulation of the Department, with any dredge, scrape, scoop, or similar instrument on board or in tow, may be apprehended by any Natural Resources police officer or any other law enforcement officer. If the boat has on board any wet oysters, dredge, or dredge line, or if the deck is wet and the boat is equipped for catching oysters with dredge or similar instrument, these facts shall be prima facie evidence that the boat has been used to violate the provisions of this section.
Md. Code Ann., Nat. Res. § 4-1013 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1013LinkCopy Citation
(a)
(1)
This subsection applies only to a dredge boat that:
(i)
Is a functional sailing vessel used to catch oysters or clams by dredge;
(ii)
Is built in the style of a traditional Chesapeake Bay bugeye, schooner, or skipjack;
(iii)
Uses a sailing rig composed of at least one mast and one boom capable of holding sails and configured for sailing;
(iv)
Includes a set of davits capable of removing an auxiliary yawl boat from the water;
(v)
Does not have a screw, a propeller, an engine, a turbine, or any other device for self–propulsion used in catching oysters by dredge; and
(vi)
Meets all United States Coast Guard requirements.
(2)
Any person who owns or is in charge of operating any dredge boat shall have a license to catch oysters by dredge boat.
(3)
The owner, captain, master, or any crew member of any dredge boat capable of self–propulsion by any motor, turbine, or other engine attached to the dredge boat, may not have on board the dredge boat, or in tow, or permit on board or in tow, any scoop, handscrape, dredge, or similar instrument used in dredging, or any winch, spool, winder, or other tackle used in dredging, unless the dredge boat is permitted by the Department to dredge on leased land, or is engaged in taking seed oysters under the surveillance and with the permission of the Department.
(4)
Notwithstanding any other provisions of this subtitle, the Department may designate by regulation a period of time not to exceed 3 days in any one week during which dredge boats licensed under this subtitle may be propelled by means of the auxiliary yawl boat carried on the dredge boat in the waters of the Chesapeake Bay.
(b)
The Department may prescribe the maximum daily harvest limit on any day.
(c)
The owner, captain, master, or any crew member of any boat may not catch oysters by scoop, handscrape, or dredge, or permit oysters to be caught by scoop, handscrape, or dredge, on any land in the State leased for cultivating oysters unless the boat is permitted by the Department for dredging on leased land, and the owner, captain, or master of the boat has on board the written consent of the lessee or tenant of the leased land from which any oysters are caught.
(d)
(1)
All submerged land of the State not leased for cultivation of oysters nor designated as dredging territory by this subtitle shall be reserved for tongers exclusively.
(2)
The owner, captain, master or any crew member of any boat may not catch oysters by scoop, handscrape, or dredge, or attempt or conspire to catch oysters by scoop, handscrape, or dredge, from any submerged land of the State reserved for tongers exclusively or closed by any regulation or order of the Department.
(3)
The taking of oysters by scoop, dredge or handscrape by hand may be authorized by the Secretary upon the recommendations of the appropriate county tongers committee, in areas reserved for tonging when areas which are designated for tonging oysters are closed because of icing conditions at least 7 consecutive days.
(4)
Handscraping may be authorized on a day for working day basis according to the number of days when tonging is not possible because of ice cover, but not to exceed 14 working days.
(5)
The Secretary may specify areas to be opened and restrictions on gear.
(6)
There shall be a limit of 10 bushels per person and no more than 30 bushels per boat.
(7)
A person may not handscrape for oysters after 12 noon.
(8)
This subsection does not apply to catching seed oysters under the surveillance and with the permission of the Department.
(e)
A person may not catch oysters in the waters of the State or possess any scoop, dredge, handscrape, or similar instrument having a tooth bar more than 42 inches in length measuring from the outside teeth on dredges used in dredging on rock bottoms or 44 inches in length measuring from the outside teeth on dredges used in dredging on mud bottoms, or of a weight exceeding 200 pounds.
(f)
Subject to the laws relating to firearms, the captain, master or any person on board or having control of any dredge boat, may not have or permit to be kept on the dredge boat more than two shotguns not larger than a number ten gauge and using shot not larger than number one.
Md. Code Ann., Nat. Res. § 4-1014 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1014LinkCopy Citation
(a)
There is established a network of oyster sanctuaries in the five tributaries identified by the Department for large–scale restoration in accordance with the 2014 Chesapeake Bay Watershed Agreement.
(b)
In accordance with subsection (a) of this section:
(1)
There is an oyster sanctuary in Harris Creek that includes all of the waters of Harris Creek enclosed by a line beginning at a point on the east shore of Tilghman Island defined by Latitude 38 degrees 42.241 minutes north, Longitude 76 degrees 19.997 minutes west; then running northerly to a point on the south shore of Knapps Narrows, defined by Latitude 38 degrees 42.925 minutes north, Longitude 76 degrees 19.709 minutes west; then running 49 degrees true to a point on the north shore of Knapps Narrows, defined by Latitude 38 degrees 43.035 minutes north, Longitude 76 degrees 19.547 minutes west; then running northerly along the west shore of Harris Creek to its headwaters and then southerly along the east shore of Harris Creek to a point on the shore of Change Point defined by Latitude 38 degrees 43.008 minutes north, Longitude 76 degrees 17.656 minutes west; then running 247 degrees true to the point of beginning;
(2)
There is an oyster sanctuary in the Little Choptank River that includes all of the waters of the Little Choptank River upstream of a line beginning at a point on the shore of Susquehanna Point defined by Latitude 38 degrees 30.642 minutes north, Longitude 76 degrees 15.492 minutes west; then running 329 degrees true to a point on shore at the south end of Ragged Point Island, defined by Latitude 38 degrees 31.886 minutes north, Longitude 76 degrees 16.440 minutes west;
(3)
There is an oyster sanctuary in the Tred Avon River that includes all of the waters of the Tred Avon River north and east of a line beginning at a point on the shore on the east side of Town Creek, defined by Latitude 38 degrees 41.835 minutes north, Longitude 76 degrees 9.923 minutes west; then running 255 degrees true to a point defined by Latitude 38 degrees 41.823 minutes north, Longitude 76 degrees 9.981 minutes west; then running 0 degrees true to a point on the shore of the east side of Plaindealing Creek, defined by Latitude 38 degrees 42.576 minutes north, Longitude 76 degrees 9.978 minutes west;
(4)
There is an oyster sanctuary in the St. Mary’s River that includes all of the waters of the St. Mary’s River beginning at a point on the shore southwest of Deep Point defined by Latitude 38 degrees 11.279 minutes north, Longitude 76 degrees 26.639 minutes west; then running 89 degrees true to a point on the shore at Church Point defined by Latitude 38 degrees 11.286 minutes north, Longitude 76 degrees 26.263 minutes west; and
(5)
There is an oyster sanctuary in the Manokin River that includes all of the waters of the Manokin River upstream of a line beginning at a point on the shore of Hazard Point defined by Latitude 38 degrees 4.571 minutes north, Longitude 75 degrees 52.694 minutes west; then running 306 degrees true to a point on the shore at Pin Point on Little Deal Island, defined by Latitude 38 degrees 6.750 minutes north, Longitude 75 degrees 56.552 minutes west; and east of a line beginning at a point on the shore at the north end of Little Deal Island, defined by Latitude 38 degrees 7.695 minutes north, Longitude 75 degrees 56.816 minutes west; then running 209 degrees true to a point on the shore on the west side of Lower Thorofare, defined by Latitude 38 degrees 7.652 minutes north, Longitude 75 degrees 56.847 minutes west; and southeast of a line beginning on the shore on the east side of Laws Thorofare, defined by Latitude 38 degrees 8.904 minutes north, Longitude 75 degrees 55.964 minutes west; then running 251 degrees true to a point on the west side of Laws Thorofare, defined by Latitude 38 degrees 8.873 minutes north, Longitude 75 degrees 56.077 minutes west.
(c)
(1)
This subsection does not apply to a person who engages in aquaculture activities within an oyster sanctuary in accordance with a valid lease issued under Subtitle 11A of this title.
(2)
A person may not catch oysters in or remove oyster seed from an oyster sanctuary:
(i)
Described in subsection (b) of this section; or
(ii)
Established by the Department in regulation.
(d)
(1)
The Department, in coordination with the Oyster Advisory Commission, the Oyster Interagency Workgroup, and interested stakeholders, shall develop and implement restoration plans for each of the oyster sanctuaries described in subsection (b) of this section.
(2)
Each restoration plan shall:
(i)
Establish acreage targets that exceed 50% of the currently restorable oyster habitat in the sanctuary, as defined by the Oyster Interagency Workgroup;
(ii)
For reef construction, require the use of substrate that has been demonstrated in previous tributary–scale oyster restoration projects to maximize oyster density;
(iii)
Establish a project implementation timeline that demonstrates how restoration targets will be achieved by 2025, in accordance with the 2014 Chesapeake Bay Watershed Agreement; and
(iv)
Include plans for continued monitoring of the sanctuary and corrective actions to be taken by the Department if future monitoring indicates that a sanctuary is no longer meeting the following minimum requirements:
(1)
On restored reefs:
(A)
A minimum density of 15 oysters per square meter;
(B)
A minimum biomass of 15 grams dry weight per square meter;
(C)
A minimum of at least 2–year classes of oysters; and
(D)
Substrate or oysters present on at least 30% of the reef area; and
(2)
Within the whole sanctuary, a minimum of 50% of reef habitat, constituting at least 8% of historic oyster habitat, meeting the requirements of item 1 of this item.
Md. Code Ann., Nat. Res. § 4-1014.1 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1014.1LinkCopy Citation
(a)
This section applies only to the waters of the State that lie contiguous to Somerset County in the Chesapeake Bay.
(b)
There is an oyster sanctuary in Monie Bay known as the Webster ground that includes all the waters inshore of a line northeasterly from Long Point to a designated point in Monie Bay at latitude 38 degrees, 12 minutes, 37.8 seconds north, longitude 75 degrees, 51 minutes, 51.0 seconds west, then southwesterly to the eastern entrance to Pigeon House Creek.
(c)
A person may not catch oysters in the oyster sanctuary described in subsection (b) of this section or an oyster sanctuary that was established by regulations adopted by the Department.
Md. Code Ann., Nat. Res. § 4-1014.2 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1014.2LinkCopy Citation
(a)
This section applies only to the waters of the State that lie contiguous to Calvert County in the Chesapeake Bay.
(b)
A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.
Md. Code Ann., Nat. Res. § 4-1014.3 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1014.3LinkCopy Citation
(a)
This section applies only to the waters of the State that lie contiguous to St. Mary’s County in the Chesapeake Bay.
(b)
A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.
Md. Code Ann., Nat. Res. § 4-1014.4 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1014.4LinkCopy Citation
(a)
This section applies only to the waters of the State that lie contiguous to Dorchester County in the Chesapeake Bay.
(b)
A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.
Md. Code Ann., Nat. Res. § 4-1015 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1015LinkCopy Citation
(a)
A person who catches oysters from the waters of the State with any scoop, dredge, tong, rake, or any similar instrument shall cull the oysters on the natural bar from which they were caught, and return to the bar all shells, stones, gravel, and slag. Any oyster whose shell measures less than 3 inches in distance between its longest or widest points, whether or not attached to a marketable oyster, shall be included in the culling and replaced on the bar from which caught. The Department by rule may permit the possession of marketable oysters to which nonmarketable oysters adhere so closely that it is impossible to remove them without destroying the smaller oyster. Oyster culling shall be completed before any oyster is thrown or deposited in the hold or bottom of any boat.
(b)
After culling and placing in the hold or bottom of a boat, a person’s possession of oysters may not include a combined total of more than 5 percent of oysters which measure less than 3 inches from hinge to bill, and cultch consisting of shells, stones, gravel, and slag. In ascertaining this percentage the Department shall select by random sample an amount of oysters from any pile, hold, bin, house, or place as deemed proper and require it to be culled and disposed of, as provided by this section. All small oysters and cultch that adhere to marketable oysters shall be separated, and the marketable oysters shall be excluded from any measurement of small oysters and cultch. However, a person may possess marketable oysters that have undersized oysters or spat less than 1 inch in length from hinge to bill attached to them that cannot be separated without destroying the small oyster.
(c)
A person may not transport or attempt to transport outside the State oysters measuring less than 3 inches in length from hinge to mouth regardless of whether they are caught on the natural bars of the State or from private beds and lots in the State.
(d)
The provisions of this subtitle relating to the inspection and culling of oysters and the imposition of penalties for any violation of the cull law apply to oysters in the shell found anywhere within the State, whether afloat or ashore, and whether said oysters have been caught within the waters of the State or shipped or brought into the State. However, oysters containing more than 5 percent shells or small oysters legally taken from privately owned beds outside the State may be admitted if:
(1)
Inspected by the Department prior to storage in a shucking house; and
(2)
Accompanied by a bill of sale or bill of lading issued by the private planters selling the cargo or an appropriate certificate from the authorities of the state of origin, certifying that the cargo was caught from privately owned oyster beds in the state of origin and that the oysters were caught in full compliance with the laws of that state.
Md. Code Ann., Nat. Res. § 4-1015.1 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1015.1LinkCopy Citation
(a)
(1)
Notwithstanding any other provision of this subtitle or regulation promulgated thereunder, a person who catches oysters from the waters of this State using any sort of diving apparatus shall cull the oysters on the natural bar from which they were caught, and return to the bar all shells, stones, gravel, and slag. Any oyster whose shell measures less than 3 inches in distance between its longest or widest points, whether or not attached to a marketable oyster, shall be included in the culling and replaced on the bar from which caught. Oyster culling shall be completed before any oyster is thrown or deposited in the hold or bottom of any boat.
(2)
After culling and placing in the hold or bottom of a boat, a diver’s possession of oysters may not include a combined total of more than 5 percent of oysters which measure less than 3 inches between its longest or widest points, and cultch consisting of shells, stones, gravel, and slag. In ascertaining this percentage the Department shall select by random sample an amount of oysters from any pile, hold, bin, house, or place as deemed proper and require it to be culled and disposed of, as provided by this section. All small oysters and cultch that adhere to marketable oysters shall be separated, and the marketable oysters shall be excluded from any measurement of small oysters and cultch. However, a person may possess marketable oysters that have undersized oysters or spat less than 1 inch in distance between their longest or widest points attached to them that cannot be separated without destroying the small oyster.
(b)
(1)
This subsection applies to persons aboard a boat who are using diving apparatus to catch oysters for commercial purposes from the waters of the State.
(2)
Not more than two divers may work from a boat at any one time.
(3)
Each diver shall have one attendant on the boat.
(4)
For each combination of a diver and an attendant, either the diver or the attendant or both shall possess an authorization to catch oysters for commercial purposes.
(5)
Subject to paragraph (6) of this subsection and notwithstanding any other provision of this subtitle:
(i)
If both the diver and the attendant possess an oyster authorization, the combination may catch up to the equivalent of two times the daily catch limit as set forth in COMAR 08.02.04.06; or
(ii)
If only one of the diver or attendant combination possesses an oyster authorization, the combination may catch up to the daily catch limit as set forth in COMAR 08.02.04.06.
(6)
Persons on a boat may not catch more than the equivalent of two times the daily catch limit as set forth in COMAR 08.02.04.06.
(7)
(i)
Any person aboard a boat on which more than the equivalent of two times the daily catch limit as set forth in COMAR 08.02.04.06 have been caught in a day may be charged with a violation of this subsection.
(ii)
Any person aboard a boat may be charged with a violation of this subsection for a boat on which:
(1)
One diver is working from the boat;
(2)
Only one of the diver and attendant combination possesses an oyster authorization; and
(3)
More than the daily catch limit as set forth in COMAR 08.02.04.06 has been caught in a day.
(c)
The Department shall by rule and regulation set aside certain waters of this State to be used exclusively by hand tongers in catching oysters. Before adopting the regulations in their final form, the Department shall consult each of the local hand tonger committees.
Md. Code Ann., Nat. Res. § 4-1017 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1017LinkCopy Citation
(a)
Unless a license first is obtained from the Department, a person may not (1) have a fixed place of business buying oysters and employing labor to prepare them for market, or (2) buy more than 25 bushels of oysters per year from persons who catch them from the natural oyster bars of the State.
(b)
The Department may not issue a license required by this section unless the applicant pays all taxes due for the prior year under § 4-1020 of this subtitle.
(c)
A person may possess oysters caught from the natural oyster bars of the State until one week past the close of the season for taking oysters as established in § 4–1008.1 of this subtitle. Oysters may be caught by dredge or handscrape at any time in Worcester County and may be shipped in the shell at any time within or from that county. In counties where oysters may be caught from leased areas at any time pursuant to the provisions of Subtitle 11A of this title, a person may possess oysters at any time.
Md. Code Ann., Nat. Res. § 4-1018 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1018LinkCopy Citation
(a)
The Department may adopt regulations governing the size, type, and use of containers used to measure oysters harvested or sold in the State.
(b)
Due to the quantity of water contained in measures of newly shucked oysters, any proprietor or manager of a plant, house, or establishment shall measure oysters as received from the shuckers in a special gallon cup which contains no more than 9 pints. Any device other than this 9 pint gallon cup may not be used to measure any oysters received from shuckers. A Natural Resources police officer shall stamp every 9 pint gallon measure used in measuring newly shucked oysters. A proprietor or manager of any house, plant, or establishment which shucks oysters shall have every 9 pint gallon measure stamped.
(c)
Every shucked oyster sold in the State shall be sold by the standard United States one–half pint, pint, quart, or gallon liquid measure, or by fractions or multiples of these liquid measures.
Md. Code Ann., Nat. Res. § 4-1019 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1019LinkCopy Citation
Any person buying or selling oyster shells shall report to the Department, at times the Department prescribes by rule or regulation, every purchase or sale of oyster shells, stating the number of bushels purchased or sold, the date of sale, the name and address of the other party to the transaction, and any other information the Department prescribes by rule or regulation.
Md. Code Ann., Nat. Res. § 4-1019.1 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1019.1LinkCopy Citation
(a)
The Department shall provide annual grants to nonprofit organizations, community associations, restaurants, and seafood processors and dealers that recycle oyster shells by providing the shell to an authorized shell recycling collector certified by the Department.
(b)
(1)
Grants to nonprofit organizations and community associations shall be provided in the following amounts:
(i)
$100 for the recycling of at least 5 but less than 20 bushels of oyster shells in a year; and
(ii)
$250 for the recycling of at least 20 bushels of oyster shells in a year.
(2)
Grants to restaurants and seafood processors and dealers shall be provided at a rate of $5 per bushel up to a maximum of $2,000 per year.
(c)
The Department shall provide, at no cost, receptacles for the collection of oyster shells to restaurants that agree to recycle at least 25 bushels of oyster shells per year.
(d)
(1)
The Department shall adopt regulations to carry out the provisions of this section.
(2)
The regulations shall establish eligibility criteria and provide for the certification of nonprofit organizations, community associations, restaurants, and seafood processors and dealers to verify the amount of oyster shells recycled by each entity.
(3)
The Department may enter into agreements with nonprofit organizations with expertise in oyster shell recycling to execute the provisions of this section.
Md. Code Ann., Nat. Res. § 4-1019.2 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1019.2LinkCopy Citation
(a)
This section does not apply to:
(1)
An individual who takes or uses oysters for personal use or consumption purposes; or
(2)
Old oyster shells that are dredged from the Chesapeake Bay or its tributaries.
(b)
Except as provided in subsection (c) of this section, any licensed oyster dealer shall reserve for 8 months after the opening of each annual public shellfish fishery season all shells of oysters harvested from the Chesapeake Bay or its tributaries and commercially shucked in the State for purchase by the Department for oyster restoration, unless the dealer plants or provides the shells for planting:
(1)
In an area privately leased for aquaculture purposes;
(2)
On riparian bottom as provided in § 4–11A–17 of this title for the propagation of oysters; or
(3)
On public shellfish fishery areas designated by the Department.
(c)
(1)
The Department shall determine whether sufficient funds are available for the Oyster Shell Purchase Program under this section.
(2)
The Department shall notify every licensed oyster dealer not later than September 1 of each year whether the Oyster Shell Purchase Program will be carried out during the ensuing license year.
(3)
If the Department does not notify licensed oyster dealers that the Oyster Shell Purchase Program will be carried out during the ensuing license year, a licensed oyster dealer may sell or dispose of fresh oyster shell at any time to any person for any lawful purpose.
(4)
The Department shall:
(i)
Establish procedures for the expeditious notice, payment, and removal of shells purchased; and
(ii)
Provide for the transportation, storage, and placement on public oyster bars in State waters.
(d)
All existing contracts executed prior to July 1, 1988, concerning the purchase of oyster shell shall be valid and exempt from the provisions of this section for the length of time for which the contract covers.
(e)
Unless permission has been obtained from the Department, it shall be unlawful for any person to take or catch oysters or shell in any of the waters of the State for the purpose of converting the oysters or shell into lime, chickenmeal, or road construction materials.
(f)
(1)
In consultation with the Oyster Advisory Commission and the Tidal Fisheries Advisory Commission, the Department shall determine annually the fair market value that the Department pays for:
(i)
Fresh oyster shells; and
(ii)
Transportation and placement of fresh oyster shells.
(2)
The Secretary shall adopt regulations to implement the requirement set forth in paragraph (1) of this subsection.
(g)
The Department may use the Fisheries Research and Development Fund to purchase oyster shells.
Md. Code Ann., Nat. Res. § 4-1020 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1020LinkCopy Citation
(a)
(1)
A separate permit shall be obtained for shipping each cargo, truckload, or other consignment of oysters in the shell out of the State.
(2)
An inspection tax of $1 per bushel shall be levied on marketable oysters shipped in the shell to any place outside the State and shall be paid by the shipper.
(3)
The tax imposed by this subsection shall be levied in addition to every other tax imposed on oysters.
(b)
(1)
(i)
A severance tax of $2 per bushel shall be levied on every bushel of oysters caught within the limits of the natural oyster bars of the State exclusive of the Potomac River.
(ii)
The oyster buyer or receiver shall pay the tax to the Department for deposit to the credit of the Fisheries Research and Development Fund.
(2)
(i)
This section does not prevent any person licensed to catch and sell oysters in the State from selling the person’s oysters in the shell directly to a consumer in the State.
(ii)
(1)
If the consumer is a licensed buyer of oysters, the consumer shall assume the obligations placed by this subsection on the first buyer of the oysters to remit the tax to the Department.
(2)
If the consumer is not a licensed buyer of oysters, the seller of oysters shall assume this obligation.
(c)
(1)
All taxes collected under this section shall be credited to the Fisheries Research and Development Fund and used only for the repletion of the natural oyster bars of the State.
(2)
Of the severance tax collected under subsection (b) of this section, $1 of each $2 collected shall be used by the county oyster committees in the following counties for the repletion of natural oyster bars located in the waters of the county:
(i)
Anne Arundel;
(ii)
Baltimore;
(iii)
Calvert;
(iv)
Charles;
(v)
Dorchester;
(vi)
Kent;
(vii)
Queen Anne’s;
(viii)
Somerset;
(ix)
St. Mary’s;
(x)
Talbot; and
(xi)
Wicomico.
(d)
If the Department finds that an oyster buyer or an oyster packer or dealer does not have adequate records or has incorrect reports of oyster purchases or sales and that the amount of inspection taxes due on these purchases or sales cannot be accurately determined, the Department shall determine the taxable purchases or sales of the buyer or of the oyster packer or dealer for any period involved and compute the tax from the best information available. If within 30 days the oyster buyer or oyster packer does not produce proof that the computations are incorrect, the determination or computation is prima facie correct.
(e)
If the Department determines the purchases and sales of oysters and computes the tax due, it shall levy a deficiency assessment against the oyster buyer or the oyster packer or dealer and notify him of the tax due and of the amount of the deficiency assessment. If the oyster buyer or oyster packer or dealer fails to pay the tax and assessment within ten days after receiving notice from the Department, the Department shall levy, in addition to the tax assessment, a penalty not exceeding 10 percent of the amount due, plus one half of one percent for each month the tax or additional tax remains unpaid.
(f)
The Department, through the Attorney General, may collect unpaid taxes provided for in this section in the same manner as other unpaid taxes due the State are collected. In addition, the Department may seize and hold any boat, truck, or other vehicle in which any oysters were or are transported until the taxes are paid.
Md. Code Ann., Nat. Res. § 4-1020.1 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1020.1LinkCopy Citation
(a)
In this section, “Program” means the Chesapeake Bay Enhancement Program.
(b)
There is a Chesapeake Bay Enhancement Program in the Department.
(c)
The purpose of the Program is to provide funding for oyster propagation and replenishment projects that mitigate the effects of transportation projects on the State’s oyster population.
(d)
The Department shall use funding under the Program to support oyster propagation and replenishment and Program management.
Md. Code Ann., Nat. Res. § 4-1021 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1021LinkCopy Citation
(a)
The Department may adopt rules and regulations governing the type, number, and size of dredges used in Pocomoke and Tangier sounds and governing those areas in which dredges may be operated. A person may have two dredges aboard any boat if no more than one dredge is in operation at any given time.
(b)
A person may not catch clams in Pocomoke and Tangier sounds between sunset on one day and sunrise the following day or on Sundays. The season for catching hard-shell clams by dredge under this section is from September 15 in each year to May 31 of the year following, inclusive.
(c)
A person may not have any oysters aboard any boat in Pocomoke or Tangier sounds when a dredge is aboard.
Md. Code Ann., Nat. Res. § 4-1021.1 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1021.1LinkCopy Citation
A person may not catch hard–shell clams by hydraulic clam dredge or other mechanical means in the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
Md. Code Ann., Nat. Res. § 4-1021.2 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1021.2LinkCopy Citation
(a)
The Department may adopt regulations governing the use of patent tongs to harvest hard–shell clams in areas of Somerset County where the use of patent tongs to catch oysters is authorized.
(b)
(1)
This subsection applies only in Somerset County.
(2)
A person may not catch hard–shell clams with patent tongs:
(i)
Between sunset on any day and sunrise the following day; or
(ii)
On Sundays.
(3)
The season for catching hard–shell clams with patent tongs is the same as the season for catching oysters with patent tongs as provided in § 4–1008.1 of this subtitle or as altered by regulations adopted under § 4–2A–05 of this title.
Md. Code Ann., Nat. Res. § 4-1022 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1022LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, a person may not catch hard–shell clams in the waters of the State with a shinnecock rake or similar device.
(b)
(1)
Subject to paragraph (2) of this subsection, a person may catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge in the State waters of the Atlantic Ocean.
(2)
A person may not catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge within 300 feet of any shore or wharf without first obtaining the permission of the shore or wharf owner.
Md. Code Ann., Nat. Res. § 4-1023 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1023LinkCopy Citation
Notwithstanding the provisions of this subtitle, the Department may adopt and modify rules and regulations governing catching hard-shell clams in the waters of Worcester County. These rules and regulations may specify the type and size of gear used, maximum quantity of clams caught per day, minimum size of clams caught, season for catching clams, days of the week and hours of the day when clams may be caught or landed, and the areas in which clams may be caught with any type of gear. A person may not catch clams by handscrape, shinnecock rake, hydraulic dredge, or any mechanical means from June 1 to September 15.
Md. Code Ann., Nat. Res. § 4-1027 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1027LinkCopy Citation
The Department, in consultation with the Maryland Department of Health, may adopt regulations to carry out the requirements of the National Shellfish Sanitation Program.
Md. Code Ann., Nat. Res. § 4-1028 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1028LinkCopy Citation
Every hard-shell clam dealer shall pay a special tax of 25 cents for each bag, which shall contain no more than 105 hard-shell clams, on all clams sold by the dealer. All taxes pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit to the credit of the Fisheries Research and Development Fund and shall be used solely to replenish the hard-shell clam resources of the State.
Md. Code Ann., Nat. Res. § 4-1029 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1029LinkCopy Citation
Any money received by the Department for licenses, fees, or taxes shall be transmitted by the Department to the State Comptroller for deposit to the credit of the Fisheries Research and Development Fund.
Md. Code Ann., Nat. Res. § 4-1030 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1030LinkCopy Citation
Any hard–shell clams caught in the waters of the State shall be landed in the State. However, the Department may waive the provisions of this section in case of emergency, necessity, or for other good cause.
Md. Code Ann., Nat. Res. § 4-1031 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1031LinkCopy Citation
(a)
In this section, “transverse dimension” means the measurement across both shells of a hard–shell clam at the widest point perpendicular to the hinge line where the two shells meet.
(b)
A clam dealer may possess hard–shell clams having a transverse dimension of less than the size required by the Department if the dealer offers a bill of lading approved by the Department as proof that all clams were caught in waters outside the State.
Md. Code Ann., Nat. Res. § 4-1032 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1032LinkCopy Citation
Advisory committees shall be formed in each county where soft-shell clams may be caught by hydraulic clam dredge. Each committee shall be composed of five persons, four of whom possess a hydraulic clam dredge license and one who possesses a soft-shell clam dealer’s and shipper’s license. Committee members shall be elected by persons possessing a hydraulic clam dredge license or a soft-shell clam dealer’s and shipper’s license. The Department shall confer with the elected committees on any matter affecting the management of the soft-shell clam fishery.
Md. Code Ann., Nat. Res. § 4-1033 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1033LinkCopy Citation
(a)
The Department shall adopt rules and regulations ensuring that a tidal fish license authorizes a person to use only one hydraulic clam dredge. The Department also shall adopt rules and regulations requiring all licensees operating a hydraulic clam dredge owned by another person, or subject to a lien held by another person to have the license in possession when engaged in licensed activities and to affix the license identification number permanently to the vessel as required in § 4–701(i) of this title.
(b)
(1)
The Department shall adopt rules and regulations governing licensing of persons buying, selling, shipping, transporting, or otherwise dealing in soft–shell clams, and the methods by which they may do so. However, a license may not be required to sell or dispose of clams in any retail market, restaurant, or other establishment where clams are sold or served for immediate use or consumption, when the clams are purchased from a person possessing a dealer’s or shipper’s license.
(2)
The Department shall require any person licensed to dredge for soft–shell clams or licensed pursuant to the provisions of this subsection to maintain and submit records to the Department.
(c)
The Department may promulgate rules and regulations relating to any aspect of the soft–shell clam fishery and shall adopt rules and regulations governing:
(1)
Measurement and structural details of a hydraulic clam dredge;
(2)
The number of hydraulic clam dredges which may be carried on a vessel;
(3)
The use of mufflers on motors or engines on hydraulic clam dredges or on board boats carrying hydraulic clam dredges;
(4)
The establishment of limits on the number of bushels which may be caught by a hydraulic clam dredge, or by a boat carrying a hydraulic clam dredge;
(5)
The minimum size of soft–shell clams;
(6)
The times and dates for taking, landing, and unloading soft–shell clams; and
(7)
Protection of soft–shell clams from contamination, or from deterioration as a result of excessive heat.
Md. Code Ann., Nat. Res. § 4-1035 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1035LinkCopy Citation
A severance tax of 50 cents per bushel shall be levied on all soft-shell clams of all species Mya arenaria caught within the State. The tax shall be paid by the buyer of clams at the place in the State where the clams are to be shipped in bulk no further by vessel, or before clams are shipped out of the State by vessel. All taxes pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit to the credit of the Fisheries Research and Development Fund and shall be used solely to replenish the soft-shell clam resources of the State. A severance tax may not be levied on soft-shell clams of the species genus Tagelus.
Md. Code Ann., Nat. Res. § 4-1036 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1036LinkCopy Citation
A person may sell soft-shell clams of the species Mya arenaria caught by hydraulic clam dredge only to a person possessing a soft-shell clam dealer’s and shipper’s license. A person may sell soft-shell clams of the species genus Tagelus to persons other than a licensed dealer or shipper.
Md. Code Ann., Nat. Res. § 4-1037 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1037LinkCopy Citation
A person may not catch or attempt to catch soft–shell clams with a hydraulic clam dredge or any other gear except hand–held tools, such as shovels and hoes, in the following areas:
(1)
Within 150 feet of a natural oyster bar or area leased under Subtitle 11A of this title and marked as required by that subtitle;
(2)
Within 1,000 feet of any occupied duck blind where decoys are set out during waterfowl hunting season;
(3)
Except for the William Preston Lane, Jr. Memorial Bridge and its parallel span, the Governor Thomas Johnson Memorial Bridge, and the area of the Choptank River Bridge that is within Talbot County, within 50 feet of any bulkhead, structure, wharf, pier, or piling that is erected in, over, or under the waters of the State under a permit granted by the State or federal government;
(4)
Within 300 feet of any private bathing beach running not more than 300 feet along the shore which is marked as required by rule and regulation or within 1,000 feet of any public bathing beach from May 1 to September 30. However, the owner or lessee of a single property may not claim protection for more than one private bathing beach contiguous to this property;
(5)
(i)
Within 50 feet of the mean high watermark of any shoreline in Queen Anne’s, Talbot, or Somerset counties;
(ii)
Within 300 feet in Dorchester County; or
(iii)
Within 150 feet in Anne Arundel County, Calvert County, St. Mary’s County, or Kent County downriver from Nichols Point at the eastern side of the mouth of Langford Creek and within 300 feet upriver from Nichols Point;
(6)
The Dorchester County waters of the Choptank River and its tributaries, east of a line running from Horn Point to Martin Point and west of a line running from Sharp’s Island Light to Hill’s Point; Brannock Bay; the Little Choptank River; Tar Bay; the Honga River; all waters east of a line running from the most southerly point of Holland Island to Holland Island Bar Light; all waters east of a line running from Richland Point to Okahanikan Point; and any areas reserved by the Department for production of seed oysters; and
(7)
In the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
Md. Code Ann., Nat. Res. § 4-1038 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1038LinkCopy Citation
(a)
Except as provided in § 4–1039 of this subtitle, a person may not catch soft–shell clams by hydraulic clam dredge in the following waters:
(1)
Anne Arundel County. –– (i) Within 500 feet of any sea nettle net;
(ii)
Within 800 feet of any public bathing beach between Saunders and Dutchman’s Point, if the beach is marked as required by rule or regulation and the public uses the beach for bathing;
(iii)
In Marley Creek; Stoney Creek; Bodkin Creek; Magothy River above a line drawn from Mountain Point to Persimmon Point; Little Magothy River; Whitehall Bay between the shore and a line drawn from Hackett’s Point to Possum Point; Mill Creek; Severn River between the shore and a line drawn from Greenbury Point to the east side of the entrance to Lake Ogleton; South River between the shore and a line drawn between Turkey Point and east side of Duvall Creek, and extending 1,500 feet in front of Sandy Point State Park and Fort Smallwood State Park; West River south and west of a line running from Cheston Point to Curtis Point; or
(iv)
Anywhere in Anne Arundel County north of the Chesapeake Bay Bridge within 800 feet of the shoreline, or south of the Chesapeake Bay Bridge and north of Thomas Point within 300 feet of the shoreline from September 16 to April 15 and within 800 feet of the shoreline from April 16 to September 15; south of Thomas Point within 300 feet of the shoreline, except that between Turkey Point and Ramsey Lake clamming is prohibited within 800 feet of the shoreline. This subsection does not prohibit the catching of clams by hydraulic clam dredge in West River or Rhode River.
(2)
Queen Anne’s County. –– In the waters of Eastern Bay and its tributaries; Shipping Creek; Cox’s Creek; Crab Alley Creek; Wye River south of a line from the southernmost tip of Ferry Point to the northernmost tip of Drum Point; Wye East River west of a line from the southernmost tip of Wye Island to northernmost tip of Bruff’s Island; Kent Narrows south of a line drawn from the northernmost tip of Ferry Point to the northernmost tip of Long Point.
(3)
Somerset County. –– In the Wicomico River or Monie Bay east of a line from the easternmost entrance of Rock Creek to the southeast extremity of Mollie’s Point.
(4)
Talbot County. –– (i) In the Tred Avon River and in Town Creek in front of Oxford, between the shoreline and the center of the channel, except during October and November;
(ii)
Within 1,200 feet of the Federal Research Laboratory at Oxford.
(b)
A person may not catch by hydraulic or mechanical clam dredge soft–shell clams from the waters of Charles or Wicomico counties, or the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
Md. Code Ann., Nat. Res. § 4-1039 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1039LinkCopy Citation
(a)
The Department may open or close any area in which the catching of soft–shell clams by hydraulic clam dredge is not prohibited under the provisions of this subtitle if: (1) in its opinion other natural resources will not be significantly damaged; (2) the area to be opened is clearly defined and plainly marked; and (3) the area is patrolled by Natural Resources Police vessels during dredging operations.
(b)
In any area where hydraulic clam dredging is prohibited under § 4–1038(a) of this subtitle the Department may open selected areas if the areas opened are patrolled by Natural Resources Police vessels during dredging operations.
(c)
Before opening or closing any area the Department shall publish notice in at least one newspaper of general circulation in the State, and in at least one newspaper of general circulation in each county. Any closing or opening shall be effective no less than 24 hours from publication of notice.
(d)
The provisions of this section do not apply to Charles and Wicomico counties, or the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
Md. Code Ann., Nat. Res. § 4-1040 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1040LinkCopy Citation
(a)
A clam dredge in or crossing a restricted area shall have the dredge’s conveyor raised above the surface of the water.
(b)
A person may not have any oysters aboard a clam dredge boat.
Md. Code Ann., Nat. Res. § 4-1043 (2026)
Title 4. Fish and Fisheries
Subtitle 10. Oysters and Clams
§ 4–1043LinkCopy Citation
The Department may establish size limits and open and close areas for harvesting of surf clams. The Department shall publish a notice of its proposal to open or close an area or change size limits at least 30 days before the effective date of the proposal and shall hold a public hearing on the proposal at least 15 days before the effective date unless a public hearing on a substantially similar proposal has been conducted in the State by a federal management authority with notice advertised by the Department as required by this section. The notice shall include the time and place of any hearing and shall be published in at least one newspaper of general circulation in the State and at least one newspaper of general circulation in Worcester County.