# COMAR Title 08 — Department of Natural Resources

## Subtitle 02 — Fisheries Service

### Chapter 02 — Soft-Shell Clams

**Authority:** Natural Resources Article, §§4-215, 4-1001, 4-1004, 4-1007, 4-1027, 4-1033, 4-1036, 4-1037, and 4-1039, Annotated Code of Maryland

**Administrative History:** Effective date: July 23, 1975 (2:16 Md. R. 1138)

**Administrative History:** Regulation .01A amended effective August 15, 1983 (10:16 Md. R. 1450); October 19, 1987 (14:21 Md. R. 2222); June 24, 1991 (18:12 Md. R. 1337); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .01A amended as an emergency provision effective June 14, 1987 (14:14 Md. R. 1563); emergency status expired October 12, 1987

**Administrative History:** Regulation .02 amended effective December 21, 1981 (8:25 Md. R. 1994); August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .04 amended effective June 30, 1978 (5:13 Md. R. 1042)

**Administrative History:** Regulation .04 amended as an emergency provision effective June 14, 1987 (14:14 Md. R. 1563); emergency status expired October 12, 1987

**Administrative History:** Regulation .04 amended effective October 19, 1987 (14:21 Md. R. 2222); June 12, 1989 (16:11 Md. R. 1218); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .04C amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .04D amended as an emergency provision effective December 8, 1993 (20:26 Md. R. 2023); amended permanently effective March 28, 1994 (21:6 Md. R. 466)

**Administrative History:** Regulation .05 amended as an emergency provision effective June 3, 1976 (3:13 Md. R. 719); amended permanently effective August 18, 1976 (3:17 Md. R. 914)

**Administrative History:** Regulation .05 amended as an emergency provision effective September 1, 1983 (10:19 Md. R. 1683); emergency status expired October 31, 1983

**Administrative History:** Regulation .05 amended effective November 18, 1996 (23:23 Md. R. 1555)

**Administrative History:** Regulation .06 amended effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .06B, C amended as an emergency provision effective May 18, 1978 (5:11 Md. R. 878); adopted permanently effective December 1, 1978 (5:24 Md. R. 1796)

**Administrative History:** Regulations .06B, C and .07 amended, and .10 and .11 adopted as an emergency provision effective June 1, 1989 (16:11 Md. R. 1216)

**Administrative History:** Regulation .06B, C amended effective May 28, 1990 (17:10 Md. R. 1218); April 15, 1991 (18:7 Md. R. 771); April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .06C amended as an emergency provision effective September 7, 1994 (21:20 Md. R. 1729); emergency status expired October 1, 1994

**Administrative History:** Regulation .07 amended effective May 28, 1990 (17:10 Md. R. 1218); April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .07B, C amended effective April 15, 1991 (18:7 Md. R. 771); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .07C, D adopted as an emergency provision effective May 18, 1978 (5:11 Md. R. 878); adopted permanently effective December 1, 1978 (5:24 Md. R. 1796)

**Administrative History:** Regulation .08 amended effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .08B, C amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .09 adopted effective September 21, 1986 (13:19 Md. R. 2119)

**Administrative History:** Regulation .09 amended as an emergency provision effective September 10, 2004 (31:20 Md. R. 1482); adopted permanently effective October 11, 2004 (31:20 Md. R. 1484)

**Administrative History:** Regulation .09C amended effective April 7, 2008 (35:7 Md. R. 747); October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .09F amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .10 adopted effective May 28, 1990 (17:10 Md. R. 1218)

**Administrative History:** Regulation .10 amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .10A amended effective April 15, 1991 (18:7 Md. R. 771); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .11 adopted effective May 28, 1990 (17:10 Md. R. 1218)

**Administrative History:** Regulation .11 repealed effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .11A and B amended effective April 15, 1991 (18:7 Md. R. 771); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .12 adopted effective April 13, 1992 (19:7 Md. R. 744)

**Administrative History:** Regulation .12 amended effective August 16, 1993 (20:16 Md. R. 1276); September 6, 2010 (37:18 Md. R. 1213)

**Administrative History:** Regulation .12B, C amended effective January 29, 2018 (45:2 Md. R. 68)

**Administrative History:** Chapter revised effective November 13, 2023 (50:22Md. R. 973)

#### Regulation .01 Scope.

*COMAR 08.02.02.01*

This chapter applies only to soft-shell clams that are defined in Natural Resources Article, §4-1001, Annotated Code of Maryland, as mollusks of the species Mya arenaria and of the genus Tagelus.

#### Regulation .02 Recreational Fishery.

*COMAR 08.02.02.02*

A. An individual may not catch more than one standard U.S. bushel of soft-shell clams per day.

B. An individual may not catch or possess soft-shell clams of the species Mya arenaria that are less than 2 inches in length, measured along the longest part of the shell.

C. An individual may not offer to sell or sell soft-shell clams that were caught for recreational purposes..

#### Regulation .03 Commercial Fishery.

*COMAR 08.02.02.03*

A. An individual may not catch soft-shell clams for commercial purposes on Sunday.

B. Size Limit. An individual licensed to catch soft-shell clams for commercial purposes may not possess more than 40 soft-shell clams of the species Mya arenaria per container that measure less than 2 inches along the longest dimension of the shell.

C. Catch Limit. The daily commercial catch limit of soft-shell clams of the species Mya arenaria is:

  (1) 15 containers from May 15 through October 31; and

  (2) 8 containers from November 1 through May 14.

D. Times for Harvesting, Landing, and Delivering.

  (1) From May 1 through September 30, an individual harvesting soft-shell clams for commercial purposes:

    (a) May harvest soft-shell clams only between ½ hour before sunrise and 1 p.m.;

    (b) Shall land soft-shell clams not later than 3 p.m. on the same day of harvest; and

    (c) Shall deliver soft-shell clams of the species Mya arenaria:

      (i) To a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and

      (ii) Not later than 4 p.m. on the same day of harvest.

  (2) From October 1 through April 30, an individual harvesting soft-shell clams for commercial purposes:

    (a) May harvest soft-shell clams only between sunrise and sunset;

    (b) Shall land soft-shell clams not later than 1 hour after sunset on the same day of harvest; and

    (c) Shall deliver soft-shell clams of the species Mya arenaria:

      (i) To a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and

      (ii) Not later than 9 p.m. on the same day of harvest.

  (3) An individual shall notify the Natural Resources Police when there is an emergency which would prevent compliance with the times specified in this section.

E. Soft-shell clams of the species Mya arenaria may only be sold in accordance with COMAR 08.02.08.02.

F. A person may not expose soft-shell clams harvested for human consumption to contamination from any source.

G. In addition to the requirements of this chapter, a tidal fish licensee who harvests soft-shell clams that will be provided for human consumption shall harvest soft-shell clams in accordance with the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A.

H. An individual licensed to harvest soft-shell clams for commercial purposes may not provide or sell soft-shell clams of the genus Tagelus for human consumption.

#### Regulation .04 Container and Tagging Requirements.

*COMAR 08.02.02.04*

A. Definition.

  (1) In this regulation, the following term has the meaning indicated.

  (2) Term Defined. “Growing area” means the location, defined by the specific NOAA code for the area in which the harvest occurred.

B. Containers.

  (1) Soft-shell clams of the species Mya arenaria harvested for commercial purposes shall:

    (a) Be stored prior to leaving the growing area from which they were harvested in a rectangular shaped container with dimensions that do not exceed 20 inches long by 12-½ inches wide by 11-¼ inches deep (inside measurements), which may be filled to a level even with the top of the basket from side to side and end to end; and

    (b) Remain in the original container until a tag is no longer required on the container in accordance with §C(3)(d) of this regulation.

  (2) Soft-shell clams of the genus Tagelus harvested for commercial purposes shall be stored prior to leaving the growing area from which they were harvested in a container of any size or dimension.

C. Tagging — Mya Arenaria.

  (1) An individual shall complete and affix a Department-issued tag to each container of soft-shell clams of the species Mya arenaria prior to leaving the growing area from which they were harvested.

  (2) An individual may use a tag not supplied by the Department if:

    (a) The individual:

      (i) Is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and

      (ii) Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; and

    (b) Each tag the individual uses contains the statement “Wild Shellfish”, the state in which the harvest occurred, and, in the order specified, the following information:

      (i) The harvester’s license number as assigned by the Department;

      (ii) The date of harvest, including the year;

      (iii) The name of the river, region, or the National Oceanic and Atmospheric Administration code for the area in which the harvest occurred;

      (iv) The type and quantity of shellfish; and

      (v) The statement “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS” in bold capitalized type.

  (3) Tags:

    (a) Shall be durable and waterproof;

    (b) Shall be at least 5-½ x 2-¾ inches in size;

    (c) Shall be completed legibly in indelible ink;

    (d) Shall stay affixed to the container until the container is in the possession of a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and

    (e) May not be reused.

  (4) In addition to the tagging requirements of this regulation, a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07 shall follow the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01.

  (5) An individual shall only possess one type of tag, wild shellfish or farm-raised shellfish, while harvesting soft-shell clams.

  (6) An individual may not use a:

    (a) Farm-raised shellfish tag to tag wild shellfish; or

    (b) Wild shellfish tag to tag farm-raised shellfish.

  (7) If a tidal fish licensee obtains tags from the Department, the licensee shall be assessed an annual surcharge for the costs incurred by the Department for the tags.

D. Exemptions.

  (1) Soft-shell clams harvested recreationally for the person’s own use and consumption are exempt from the requirements of §B of this regulation.

  (2) Soft-shell clams harvested from a lease and stored and tagged in accordance with COMAR 08.02.23.04 are exempt from the requirements of §§B and C of this regulation.

#### Regulation .05 Refrigeration of Soft-Shell Clams (Mya Arenaria) — Methods and Procedures.

*COMAR 08.02.02.05*

A. General Requirements from April 15 — October 31.

  (1) From April 15 through October 31, an individual who harvests soft-shell clams of the species Mya arenaria shall immediately place the harvested soft-shell clams into either an operating mechanical refrigeration unit or an insulated storage unit cooled with ice or ice packs.

  (2) The internal temperature of soft-shell clams harvested shall be maintained at 60°F or lower while on board a vessel and while in transport over land.

  (3) The internal temperature of soft-shell clams shall be maintained at 60°F or lower until delivered to a shipper certified by the Maryland Department of Health.

  (4) A portion of a daily catch of soft-shell clams may be confiscated by authorized officers of the Department of Natural Resources or the Maryland Department of Health, if the internal temperature of samples taken at a checking station is greater than 60°F in more than one container or basket as defined in Regulation .04 of this chapter.

  (5) Containers on board a vessel used to ice, water cool, air cool, or otherwise refrigerate soft-shell clams shall be constructed of impervious material such as stainless steel, galvanized metal, nonporous metals, fiberglass, sealed marine plywood, or other approved materials sufficiently durable to withstand daily cleaning or disinfection. Interior surfaces of containers may not be constructed of potentially toxic materials such as wood treated with preservatives or lead. The containers shall be:

    (a) Insulated in the walls, top, ceiling, floor, and lid with a minimum of 2 inches of high density styrofoam, high density urethane, or equivalent necessary to maintain temperatures of clams at 60°F or less;

    (b) Equipped with a bottom drain not less than 1/2 inch in diameter for units that hold 2 bushels of soft-shell clams or less, or not less than 1-1/2 inches for units that hold more than 2 bushels of soft-shell clams;

    (c) Sealed to prevent loss of cold air, and if the interior joints are not continuous molds, the joints of the unit shall be sealed with a smooth bead of silicone sealer or other equally impervious material;

    (d) Cleaned or disinfected daily with a disinfectant solution of 100 parts per million of chlorine or equivalent (2 tablespoons or 1 ounce per gallon of water);

    (e) Installed or located on the decking or flooring of the vessel. The container may extend below the decking if there is no potential direct connection between the bilge and the inside of the container. Drains emptying directly overboard shall be installed in such a manner as to preclude contaminated water from contacting the soft-shell clams.

  (6) Soft-shell clams of the species Mya arenaria transported by a vehicle shall be placed in an insulated storage unit, cooled mechanically or with ice or ice packs, and maintained at 60°F or lower while in transport.

B. Approved Methods for Refrigeration of Soft-Shell Clams (Mya Arenaria).

  (1) The methods described in this section may be employed to cool and maintain the internal temperature of soft-shell clams at or below 60°F.

  (2) Cold water refrigeration which submerges soft-shell clams or uses a trickle or spray unit which does not recirculate chilled water may be employed. A trickle or spray unit shall have:

    (a) An intake for the water located on the opposite side of the hydraulic dredge and not less than 4 feet from any bilge pump discharge or other overboard discharges; and

    (b) Water intakes with a shutoff valve conveniently located so that contaminated water sources can be immediately shut off to avoid contact with clams.

  (3) Cold water refrigeration which submerges soft-shell clams or uses a trickle or spray unit which recirculates chilled water may be employed. Reservoir tanks in the unit shall be:

    (a) Constructed of noncorrosive material approved for potable water use;

    (b) Disinfected daily with a solution of 100 parts per million chlorine or equivalent (2 tablespoons or 1 ounce per gallon of water);

    (c) Drained, rinsed, and refilled frequently to prevent bacteria growth;

    (d) Filled with water meeting or exceeding the criteria for approved growing waters.

  (4) Chilled air refrigeration may be employed if the clam storage units meet the specifications and criteria for construction and insulation in §A(5) of this regulation.

  (5) Ice, when used to refrigerate clams, shall be:

    (a) Made or obtained from a potable source in compliance with with the requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A;

    (b) Layered in approved containers, 2 inches of ice on top of the containers and 2 inches of ice in the middle of the container; and

    (c) Stored in a manner that protects it from contamination.

C. A person may not expose soft-shell clams of the species Mya arenaria to deterioration from excessive heat from the sun or the motors of the vessel.

#### Regulation .06 Harvesting Razor Clams (Genus Tagelus) from Restricted Areas.

*COMAR 08.02.02.06*

A. The harvest of razor clams for use as bait may occur in an area restricted or conditionally approved for harvest by the Department of the Environment only under the following conditions:

  (1) The Department may not issue more than 30 permits to harvest razor clams in any one area;

  (2) At the time of harvest, the individual shall possess the appropriate tidal fish license and razor clam permit issued by the Department;

  (3) Before leaving the harvest area, every razor clam harvested under this section shall be dyed with U.S. Food, Drug, and Cosmetic Act FD&C Blue No. 1 food dye as specified in 21 CFR §74.101, by completely immersing the razor clam in the dye to impart a visible color to the razor clam; and

  (4) An individual may not harvest or possess any other clam or oyster on board the vessel while harvesting or possessing razor clams from a restricted or conditionally approved area.

B. The Department shall establish by public notice the following:

  (1) The area open to harvest;

  (2) The days and times open to harvest; and

  (3) A catch limit.

C. Any razor clams harvested under §A of this regulation:

  (1) May only be used or sold as bait;

  (2) May not be used or sold for human consumption; and

  (3) May not be transported or stored with soft-shell clams, hard-shell clams, or oysters that will be used or sold for human consumption.

D. General Provisions.

  (1) Razor clam permits may be issued by the Department at no charge to the first 30 commercial licensees who submit a valid application to the Department.

  (2) An individual permitted to harvest razor clams shall maintain and submit records as required by the Department. Failure to submit records shall serve as a basis for the Department's denial of a subsequent razor clam permit.

  (3) The Secretary may designate and establish a catch limit for the harvest of razor clams for use as bait by publishing notice in a daily newspaper of general circulation, at least 48 hours in advance of the opening or closure, which designates and states the area, effective hour, and date.

  (4) The Secretary shall make a reasonable effort to disseminate public notice through various other media so that an affected individual has reasonable opportunity to be informed.

#### Regulation .07 General.

*COMAR 08.02.02.07*

A. Subject to the provisions of §§B and C of this regulation, an individual may catch soft-shell clams only from waters approved for shellfish harvest by the Maryland Department of the Environment.

B. An individual may not harvest soft-shell clams within 150 feet of a:

  (1) Natural oyster bar;

  (2) Leased area; or

  (3) Public shellfish fishery area established in COMAR 08.02.04.17A.

C. Sanctuaries.

  (1) Except as provided in §C(2) of this regulation, an individual may not harvest soft-shell clams within 150 feet of a sanctuary designated in Section I of “Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries (September 2010)” that is incorporated by reference in COMAR 08.02.04.15A.

  (2) An individual may harvest soft-shell clams from the Chester ORA Zone A sanctuary.