Title 4. Fish and Fisheries — Subtitle 11. Oyster and Clam Culture
Statutes in effect as of October 1, 2026.
Md. Code Ann., Nat. Res. § 4-1101 (2026)
Title 4. Fish and Fisheries
Subtitle 11. Oyster and Clam Culture
§ 4–1101LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“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.
(c)
“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.
(d)
“Dredge” includes any dredge, scoop, handscrape, or similar device used in catching oysters and clams by dragging.
(e)
“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.
(f)
“Leased oyster bottom” means any land lying beneath the waters of the State leased by the State to any person for the purpose of protecting, sowing, bedding, or cultivating oysters and other shellfish.
(g)
“Marketable oyster” means an oyster measuring 3 inches or more from hinge to mouth.
(h)
“Natural clam bar” means any area of submerged tidal bottom not classified as a natural oyster bar which has a population of clams of any species judged by the Secretary to have significant commercial value.
(i)
“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.
(j)
“Patent tongs” means any pincers, nippers, tongs, or similar device used to catch oysters or clams and raised with rope, cable, or other hoisting gear.
(k)
“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 toward the ends, form a basket, and are set transversely at the end of a long, usually wooden handle.
(l)
“Tong” means any pincers, nippers, tongs, or similar device operated entirely by hand and consisting of two shafts or handles and a metal body composed of two opposable and complementary baskets used in catching oysters and clams.
Md. Code Ann., Nat. Res. § 4-1102 (2026)
Title 4. Fish and Fisheries
Subtitle 11. Oyster and Clam Culture
§ 4–1102LinkCopy Citation
(a)
The Department may resurvey any submerged area of the State to determine the position and extent of any natural oyster bar.
(b)
If, after conducting a survey in accordance with subsection (a) of this section, the Department finds that any natural oyster bar is located incorrectly on existing charts or that the existing charts do not reflect the actual condition of submerged lands, the Department shall amend the existing charts or coordinates by regulation.
(c)
(1)
Beginning in fiscal year 2024, the Maryland Geological Survey, in conjunction with the University of Maryland Center for Environmental Science, shall survey submerged areas of the State to map existing and potential oyster habitats in accordance with the provisions of this subsection.
(2)
In selecting sites for surveying under this subsection, the Maryland Geological Survey and the University of Maryland Center for Environmental Science shall prioritize:
(i)
Eastern Bay and its tributaries; and
(ii)
Public fishery areas where there are likely to be shallowly buried shell deposits from previous repletion activities, identified in consultation with the Department, who shall consult with county oyster committees, and commercial oyster harvesters.
(3)
To the extent practicable, surveys carried out under this subsection shall use sub–bottom profiling combined with physical sampling to quantify the total volume of subsurface shell material.
(4)
(i)
For fiscal years 2024 through 2026, the Governor shall include in the annual budget bill an appropriation of $2,000,000 to the Department to fund the surveys required under this subsection.
(ii)
The Governor shall prioritize the use of federal funds for appropriations required under this paragraph.
Md. Code Ann., Nat. Res. § 4-1103 (2026)
Title 4. Fish and Fisheries
Subtitle 11. Oyster and Clam Culture
§ 4–1103LinkCopy Citation
(a)
The Department shall take measures which in its judgment seem best calculated to increase the productivity or utility of oyster resources in the State, including:
(1)
Identifying and using effective methods of cleaning diseased oyster bars;
(2)
Providing clean shell for the bars;
(3)
Using hatchery produced oysters to replant sites; and
(4)
Applying for a permit to dredge buried oyster shells.
(b)
The Department may select and reserve for its own use areas, to be known as seed areas, within the waters of the State for the propagation of seed oysters. The number, size, and location of these areas shall be determined from time to time by the Department. The Department shall, before publication, deliver a notice of reservation, including all applicable reasons for the Department’s act, to the Joint Committee on Administrative, Executive, and Legislative Review and publish the notice not less than 30 days before the closing date of any seed area in one newspaper of general circulation in the State and at least one newspaper of general circulation in each county in which the affected waters are located, and on the website of the Department. The Department shall schedule a public hearing on the proposal not less than 15 days before the proposed closing date. The hearing shall be held at the county seat of the county in which the affected waters are located. If the affected waters are located in more than one county, the hearing shall be held in that county seat closest to the affected waters, but if the area affected is totally within State waters, the hearing shall be held in Annapolis.
(c)
The State may sell seed oysters to persons who hold a valid aquaculture or submerged land lease for no less than the prevailing price of seed oysters of similar quality in nearby states. Conditions of sale may be prescribed by rule or regulation of the Department. The proceeds from these sales shall be credited by the Comptroller to the Fisheries Research and Development Fund.
(d)
(1)
In addition to the provisions of subsections (b) and (c) of this section concerning the establishment of oyster seed areas and the sale of seed oysters to a leaseholder, the Department may:
(i)
Sell or remove seed oysters from oyster seed areas if the sale or removal is made under disease protocols; and
(ii)
Adopt regulations necessary to implement the provisions of this subsection.
(2)
The Department shall credit the proceeds of any sale of seed oysters under this subsection to the Fisheries Research and Development Fund in the Department.
(3)
The Department shall:
(i)
Sell, at prevailing market prices, seed oysters produced in an aquaculture oyster seed area to a person who holds a valid lease issued under Subtitle 11A of this title, or an aquaculture permit to cultivate shellfish; and
(ii)
Use any revenue derived from the sale of seed oysters to reimburse the Fisheries Research and Development Fund for any expenditure needed to create the aquaculture oyster seed areas under this subsection.
Md. Code Ann., Nat. Res. § 4-1103.1 (2026)
Title 4. Fish and Fisheries
Subtitle 11. Oyster and Clam Culture
§ 4–1103.1LinkCopy Citation
The Department shall enter into an agreement with the Potomac River Fisheries Commission to establish oyster seed areas in the Potomac River from Cornfield Point to Point Lookout for the purpose of propagating seed oysters to replenish natural oyster bars in Calvert, Charles, St. Mary’s counties, and other areas of the State.
Md. Code Ann., Nat. Res. § 4-1105 (2026)
Title 4. Fish and Fisheries
Subtitle 11. Oyster and Clam Culture
§ 4–1105LinkCopy Citation
A person may not catch oysters on any area closed or reserved for propagation of oyster seed under the provisions of this subtitle. This section does not prohibit the Department from catching oysters.
Md. Code Ann., Nat. Res. § 4-1106 (2026)
Title 4. Fish and Fisheries
Subtitle 11. Oyster and Clam Culture
§ 4–1106LinkCopy Citation
(a)
The Department may transplant oysters, shells, or other cultch from one closed area to another, transplant or otherwise utilize within the State seed oysters produced on shells or other cultch planted by the Department, or transplant or utilize any other seed oyster which may accumulate on areas where seed oysters are not likely to develop into desirable marketable oysters.
(b)
(1)
The Department shall have licensed oystermen in each tidewater county of this State select a county committee of five representative licensed tongers, who earn their livelihood by catching oysters, to confer with the Department concerning oyster propagation conducted by the Department in that county. Each county committee shall elect a chairman to serve on a statewide committee of oystermen to advise the Department on statewide issues concerning oyster propagation.
(2)
A similar advisory committee that includes licensed dredgers shall be selected to confer with the Department concerning the propagation of oysters in the dredging areas. The committee shall elect a chairman to serve on a statewide committee of oystermen to advise the Department on statewide issues concerning oyster propagation.
(3)
The Department shall appoint 5 representative, licensed oystermen of this State who earn their livelihood catching oysters by using diving apparatus as a committee to confer with the Department concerning oyster propagation conducted by the Department in the areas of the State where the catching of oysters by using diving apparatus is permitted. The committee shall select a chairman to serve on a statewide committee of oystermen to advise the Department on statewide issues concerning oyster propagation.
(4)
The Department shall appoint 5 representative, licensed oystermen of this State who earn their livelihood catching oysters by using patent tongs as a committee to confer with the Department concerning oyster propagation conducted by the Department in the areas of the State where the catching of oysters by using patent tongs is permitted. The committee shall select a chairman to serve on a statewide committee of oystermen to advise the Department on statewide issues concerning oyster propagation.
(5)
The term of membership for each committee is four years, except that of the original committeemen, three are to serve a four-year term and two are to serve a two-year term. Each term begins on March 1.
(6)
If a vacancy occurs because a member is unable or unwilling to serve, the Department immediately shall notify in writing each member of the committee of the vacancy. The committee shall arrange for a new election to fill the vacancy. If the vacancy is not filled within 60 days after the vacancy occurs, the Department shall make the necessary appointments to fill each vacancy. When committee members are selected or when any vacancy is filled, the Department shall notify promptly the members of the General Assembly from the county of the names of the committee members selected or appointed to fill a vacancy in that county. An appointment to a vacancy in an unexpired term is limited to the remainder of the term.
(7)
The Department shall prescribe by rule and regulation the time, place, and manner of selection of the oyster committees.
(8)
The Fisheries Administration shall submit an annual summary of the Fisheries Research and Development Fund to the committee of oystermen for each county. The summary shall include an accounting of receipts and expenditures.
(c)
The Department shall expend any fund appropriated in the budget for oyster propagation for the planting of oyster shells, other cultch, or seed oysters on natural oyster bars or seed areas, or for the purchase of necessary equipment.
(d)
The Department may close without holding a public hearing any natural oyster bar in the waters of the State with the approval of the appropriate committee of oystermen.
Md. Code Ann., Nat. Res. § 4-1107 (2026)
Title 4. Fish and Fisheries
Subtitle 11. Oyster and Clam Culture
§ 4–1107LinkCopy Citation
The Department may cooperate with any county or political subdivision providing funds to purchase and plant shells and transplant seed oysters. The appropriate governing body of any county or political subdivision that expends funds for this purpose may designate the planting areas for the purchased shells.
Md. Code Ann., Nat. Res. § 4-1118.1 (2026)
Title 4. Fish and Fisheries
Subtitle 11. Oyster and Clam Culture
§ 4–1118.1LinkCopy Citation
(a)
Except for normal harvesting activities, the dredging and transplanting of oyster shell or seed oysters as part of the Department’s Oyster Propagation Program, or as authorized in a State wetlands license, a person may not destroy, damage, or injure any oyster bar, reef, rock, or other area located on a natural oyster bar in the Chesapeake Bay that is not a leased oyster bottom.
(b)
Any person who destroys, damages, or injures any oyster bar, reef, rock, or other area referred to in subsection (a) of this section is liable to the State in a civil action, as the Department considers appropriate, for the restoration of, mitigation of, or monetary damages for any destruction, damage, or injury that the person causes to resources on the natural oyster bar.