Catch Limit. Except as described in §A(2) of this regulation, an individual may not catch more than one standard U.S. bushel of hard-shell clams per day. An individual may not catch more than 250 hard-shell clams (M. mercenaria) per day for personal consumption and use from the waters of Worcester County. An individual may not offer to sell or sell hard-shell clams that were caught for recreational purposes. An individual shall only use hand-operated gear to catch hard-shell clams. Size of Dredge. A person may not catch hard-shell clams in the waters of Tangier Sound and Pocomoke Sound with a hydraulic dredge or mechanical dredge more than 36 inches in width. Areas Where Hard-Shell Clams May Be Taken by Dredge. Subject to Regulation .05 of this chapter and except as provided in §C of this regulation, an individual licensed to catch hard-shell clams may catch hard-shell clams with a dredge only in the waters of: Tangier Sound that are bounded on the: South by the Maryland-Virginia line; and North by a line beginning at a point at Tenth Point at the mouth of Big Annemessex River defined by Lat. 38°02.303' N, Long. 75°51.610' W; then running 334° True to a point at Porpoise Point defined by Lat. 38°03.648' N, Long. 75°52.422' W; then running along shore to a point at Hazard Point defined by Lat. 38°04.571' N, Long. 75° 52.694' W; then running 307° True to a point at South Point on Little Deal Island defined by Lat. 38°06.710' N, Long. 75°56.460' W; then running 238° True to a point at Mussel Hole Point defined by Lat. 38°04.670' N, Long. 76°00.400' W; then running 194° True to a point on the shore on the northerly tip of Smith Island defined by Lat. 38°02.367' N, Long. 76°01.050' W; and Pocomoke Sound that are southwesterly of a straight line drawn from Maryland-Virginia boundary marker “D” defined by Lat. 37°56.473' N, Long. 75° 45.705' W; then running 342° True to a point at the most easterly point of the sound at the mouth of Gunby Creek defined by Lat. 37°58.410' N, Long. 75°46.498' W, except as provided in §C of this regulation. Exception. Hard-shell clams may not be taken with a dredge in the waters of Apes Hole Creek westerly of a line drawn from a point at Cedar Gut defined by Lat. 37°57.448' N, Long. 75°48.752' W; then running 215° True to a point at Long Point defined by Lat. 37°56.854' N, Long. 75° 49.283 W. An individual may not catch hard-shell clams for commercial purposes on Sunday. An individual may not possess more than 10 percent of hard-shell clams per container with a transverse dimension of less than 1 inch. Times for Harvesting, Landing, and Delivering. From May 1 through September 30, an individual harvesting hard-shell clams for commercial purposes: Shall land hard-shell clams not later than 3 p.m. on the same day of harvest; and Shall deliver hard-shell clams: 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 Not later than 4 p.m. on the same day of harvest. From October 1 through April 30, an individual harvesting hard-shell clams for commercial purposes: Shall land hard-shell clams not later than 1 hour after sunset on the same day of harvest; and Shall deliver hard-shell clams: 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 Not later than 9 p.m. on the same day of harvest. An individual shall notify the Natural Resources Police when there is an emergency which would prevent compliance with the times specified in this section. In addition to the requirements of this chapter, a commercial licensee who harvests hard-shell clams shall harvest hard-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. Definition. In this regulation, the following term has the meaning indicated. Term Defined. “Growing area” means the location, defined by the specific NOAA code for the area in which the harvest occurred. Containers. Hard-shell clams 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; and Remain in the original container until a tag is no longer required on the container in accordance with §C(3)(d) of this regulation. Tagging. An individual shall complete and affix a Department-issued tag to each container of hard-shell clams prior to leaving the growing area from which they were harvested. An individual may use a tag not supplied by the Department if: The individual: 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 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 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: The harvester’s license number as assigned by the Department; The date of harvest, including the year; The name of the river, region, or the National Oceanic and Atmospheric Administration code for the area in which the harvest occurred; The type and quantity of shellfish; and 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. Tags: Shall be durable and waterproof; Shall be at least 5-½ x 2-¾ inches in size; Shall be completed legibly in indelible ink; 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 May not be reused. 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. An individual shall only possess one type of tag, wild shellfish or farm-raised shellfish, while harvesting hard-shell clams. An individual may not use a: Farm-raised shellfish tag to tag wild shellfish; or Wild shellfish tag to tag farm-raised shellfish. 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. Exemptions. Hard-shell clams harvested recreationally for the person’s own use and consumption are exempt from the requirements of §B of this regulation. Hard-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. Size Limit. Gear. The use of hand-held gear is permitted in the Atlantic Ocean and Coastal Bays. Prohibited Areas and Exception. An individual may not harvest hard-shell clams within 150 feet of a: Natural oyster bar; Leased area; Public shellfish fishery area established in COMAR 08.02.04.17A; or 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. Subject to §C of this regulation, an individual may catch hard-shell clams only from waters approved for shellfish harvest by the Maryland Department of the Environment. Natural Resources Article, §§4-215, 4-1021, 4-1023, and 4-1027, Annotated Code of Maryland Effective date: July 23, 1975 (2:16 Md. R. 1138) Regulations .01A and C, .02C and D, .03, and .04B amended effective August 15, 1983 (10:16 Md. R. 1451) Regulation .02 amended effective July 4, 1983 (10:13 Md. R. 1179) Regulation .03 amended effective September 14, 1981 (8:18 Md. R. 1477) Regulation .05 adopted as an emergency provision effective December 19, 1977 (4:27 Md. R. 2094) Chapter recodified from COMAR 08.02.01 to COMAR 08.02.07 effective April 29, 1991 (18:8 Md. R. 863) Regulation .02 amended as an emergency provision effective September 15, 2002 (29:22 Md. R. 1714); amended permanently effective February 17, 2003 (30:3 Md. R. 177) Regulation .02C amended effective June 24, 1991 (18:12 Md. R. 1337) Regulation .02E amended effective October 19, 2009 (36:21 Md. R. 1590) Regulation .02F amended effective March 11, 1996 (23:5 Md. R. 378) Regulation .03 amended as an emergency provision effective June 8, 1993 (20:13 Md. R. 1043); emergency status expired August 31, 1993 Regulation .03 amended as an emergency provision effective May 1, 1994 (21:11 Md. R. 948); emergency status expired June 1, 1994 Regulation .03 amended effective March 11, 1996 (23:5 Md. R. 378) Regulation .03 amended as an emergency provision effective September 15, 2002 (29:22 Md. R. 1714); amended permanently effective February 17, 2003 (30:3 Md. R. 177) Chapter revised effective November 30, 2009 (36:24 Md. R. 1857) Regulation .02 amended effective September 6, 2010 (37:18 Md. R. 1213) Regulation .03C adopted effective September 6, 2010 (37:18 Md. R. 1213) Regulation .03C amended effective January 29, 2018 (45:2 Md. R. 68) Chapter revised effective November 13, 2023 (50:22 Md. R. 973)