# COMAR Title 08 — Department of Natural Resources

## Subtitle 02 — Fisheries Service

### Chapter 08 — Shellfish — General

**Authority:** Natural Resources Article, §§4-11A-13, 4-206, 4-215, 4-2A-03, 4-701, 4-743, 4-901, 4-904, 4-1004, 4-1007, 4-1020, 4-1027, 4-1028, 4-1033, 4-1035, 4-1043, and 4-1106, Annotated Code of Maryland

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

**Administrative History:** Regulation .01C adopted as an emergency provision effective April 5, 1991 (18:9 Md. R. 1003); emergency status extended at 18:20 Md. R. 2197); adopted permanently effective November 11, 1991 (18:22 Md. R. 2395)

**Administrative History:** Regulations .02 and .03 amended effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1143); emergency status expired January 9, 2012

**Administrative History:** Regulation .02 amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .03 amended effective October 25, 1982 (9:21 Md. R. 2105)

**Administrative History:** Regulation .03 repealed effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .03 adopted effective March 24, 2008 (35:6 Md. R. 696)

**Administrative History:** Regulation .04 amended effective October 25, 1982 (9:21 Md. R. 2105)

**Administrative History:** Regulation .04A, C, D amended effective January 31, 2005 (32:2 Md. R. 145)

**Administrative History:** Regulation .04A—D amended August 25, 1975 (2:20 Md. R. 1298)

**Administrative History:** Regulation .04A—C amended effective December 21, 1981 (8:25 Md. R. 1994)

**Administrative History:** Regulation .04 repealed effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .04 adopted effective August 24, 2009 (36:17 Md. R. 1312)

**Administrative History:** Regulation .05 amended effective October 25, 1982 (9:21 Md. R. 2105)

**Administrative History:** Regulation .05A—C amended November 26, 1975 (2:27 Md. R. 1628); January 21, 2005 (32:2 Md. R. 145)

**Administrative History:** Regulation .05 repealed effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .05 adopted as an emergency provision effective July 20, 2011 (38:17 Md. R. 1011); adopted permanently effective October 17, 2011 (38:21 Md. R. 1276)

**Administrative History:** Regulation .06 adopted effective August 8, 1980 (7:16 Md. R. 1594)

**Administrative History:** Regulation .06 amended effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .06C adopted effective June 12, 1981 (8:12 Md. R. 1060)

**Administrative History:** Regulation .06 repealed effective September 6, 2010 (37:18 Md. R. 1214)

**Administrative History:** Regulation .06, Jonah Crabs, adopted effective September 12, 2016 (43:18 Md. R. 1017)

**Administrative History:** Regulation .06C, E amended effective February 26, 2018 (45:4 Md. R. 205)

**Administrative History:** Regulation .07 adopted effective May 23, 1983 (10:10 Md. R. 872)

**Administrative History:** Regulation .08 adopted effective February 28, 1983 (10:4 Md. R. 315)

**Administrative History:** Regulation .08 amended as an emergency provision effective April 11, 1988 (15:9 Md. R. 1107)

**Administrative History:** Regulation .08 amended effective March 20, 1989 (16:5 Md. R. 627)

**Administrative History:** Regulation .08 amended as an emergency provision effective April 5, 1991 (18:9 Md. R. 1004); amended permanently effective August 5, 1991 (18:15 Md. R. 1725)

**Administrative History:** Regulation .08 amended effective January 31, 2005 (32:2 Md. R. 145)

**Administrative History:** Regulation .08 repealed effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .08 adopted effective March 21, 2022 (49:6 Md. R. 405)

**Administrative History:** Regulation .09 adopted as an emergency provision effective April 1, 1983 (10:11 Md. R. 462); emergency status expired July 31, 1983

**Administrative History:** Regulation .09 adopted as an emergency provision effective April 1, 1984 (11:7 Md. R. 621); emergency status expired July 31, 1984 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulation .09 adopted effective August 27, 1984 (11:17 Md. R. 1490)

**Administrative History:** Regulation .09 amended effective May 6, 1985 (12:9 Md. R. 810); October 1, 1990 (17:19 Md. R. 2320)

**Administrative History:** Regulation .09 repealed effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .10 adopted effective September 10, 1984 (11:18 Md. R. 1583)

**Administrative History:** Regulation .10A amended effective October 24, 1994 (21:21 Md. R. 1812)

**Administrative History:** Regulation .10 repealed and new Regulation .10 adopted effective March 20, 2000 (27:5 Md. R. 583)

**Administrative History:** Regulation .10 amended effective December 24, 2012 (39:25 Md. R. 1611)

**Administrative History:** Regulation .10A amended effective June 30, 2008 (35:13 Md. R. 1179)

**Administrative History:** Regulation .10A, E amended effective July 5, 2004 (31:13 Md. R. 993)

**Administrative History:** Regulation .10E amended effective September 12, 2016 (43:18 Md. R. 1017)

**Administrative History:** Regulation .11 adopted effective May 18, 1987 (14:10 Md. R. 1169)

**Administrative History:** Regulation .11 repealed effective September 6, 2010 (37:18 Md. R. 1214)

**Administrative History:** Regulations .12 and .13 adopted as an emergency provision effective September 14, 1987 (14:20 Md. R. 2138); emergency status expired January 11, 1988 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulation .12 amended as an emergency provision effective September 14, 1987 (14:21 Md. R. 2217); emergency status expired January 11, 1988 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulation .12 adopted as an emergency provision effective September 15, 1988 (15:21 Md. R. 2466)

**Administrative History:** Regulation .12 amended as an emergency provision effective October 21, 1988 (15:23 Md. R. 2654); emergency status expired December 31, 1988

**Administrative History:** Regulation .12 adopted as an emergency provision effective September 15, 1989 (16:21 Md. R. 2254); emergency status expired March 31, 1990

**Administrative History:** Regulation .12 adopted as an emergency provision effective September 15, 1990 (17:20 Md. R. 2420); emergency provision amended at 18:4 Md. R. 444; emergency status expired March 31, 1991 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulation .12 adopted effective May 27, 1991 (18:10 Md. R. 1116)

**Administrative History:** Regulation .12 repealed effective September 6, 2010 (37:18 Md. R. 1214)

**Administrative History:** Regulation .12C adopted effective October 7, 1996 (23:20 Md. R. 1421)

**Administrative History:** Regulation .13 adopted as an emergency provision effective September 15, 1991 (18:18 Md. R. 2000); emergency status expired March 31, 1992

**Administrative History:** Regulation .13 adopted as an emergency provision effective September 15, 1992 (19:19 Md. R. 1701); emergency status expired March 31, 1993

**Administrative History:** Regulation .13 adopted as an emergency provision effective September 15, 1993 (20:20 Md. R. 1554); emergency status expired March 31, 1994

**Administrative History:** Regulation .13 adopted as an emergency provision effective October 1, 1994 (21:21 Md. R. 1810); emergency status expired April 1, 1995

**Administrative History:** Regulation .13 adopted as an emergency provision effective October 5, 1995 (22:22 Md. R. 1653); emergency provision amended effective November 7, 1995 (22:24 Md. R. 1873) and February 27, 1996 (23:6 Md. R. 469); emergency status expired March 31, 1996

**Administrative History:** Regulation .13 adopted as an emergency provision effective September 15, 1996 (23:19 Md. R. 1370); emergency status expired March 31, 1997

**Administrative History:** Regulation .13 adopted as an emergency provision effective October 1, 1997 (24:22 Md. R. 1550); emergency text changed at 24:25 Md. R. 1717; emergency status expired April 1, 1998

**Administrative History:** Regulation .14 adopted effective February 27, 1995 (22:4 Md. R. 235)

**Administrative History:** Regulation .14 amended effective June 5, 2017 (44:11 Md. R. 524)

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

**Administrative History:** Regulation .01 amended effective March 30, 2026 (53:6 Md. R. 286

**Administrative History:** Regulation .06E, F amended effective August 5, 2024 (51:15 Md. R. 706)

**Administrative History:** Regulation .09D adopted effective July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .10G amended effective August 5, 2024 (51:15 Md. R. 706)

**Administrative History:** Regulation .12D amended effective July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .13 adopted effective February 17, 2025 (52:3 Md. R. 159)

#### Regulation .01 Importation of Shellfish.

*COMAR 08.02.08.01*

A. Definition.

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

  (2) Term Defined. “Shellfish” means live bivalves and bivalve shells.

B. Permit Required. A person may not import or possess within the State shellfish taken from waters outside the waters of the State for planting in the waters of the State, unless they first obtain a permit from the Department. The Department shall issue a permit if presented with proof satisfactory to the Department that the shellfish will not be harmful to Maryland shellfish.

C. Zebra Mussel. Except as permitted by the Secretary of Natural Resources, a person may not import into the State or possess any living life stage or reproductive products of mussels of the genus Dreissena.

#### Regulation .02 Buying Station.

*COMAR 08.02.08.02*

A. Definitions.

  (1) Notwithstanding Natural Resources Article, §4-1007, Annotated Code of Maryland, in this subtitle, the following term has the meaning indicated.

  (2) Term Defined. “Buying station” means a location where a person buys, processes, packs, or otherwise deals in oysters, soft-shell clams, or hard-shell clams for resale and the person purchasing oysters, soft-shell clams, or hard-shell clams for resale:

    (a) Possesses a valid seafood dealer authorization in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; and

    (b) Is licensed and certified by the Maryland Department of Health in accordance with COMAR 10.15.07.

B. A person may only sell oysters, soft-shell clams of the species Mya arenaria, or hard-shell clams at a:

  (1) Buying station; or

  (2) Location other than a buying station if:

    (a) The person selling the oysters or clams is:

      (i) Licensed and authorized to sell the person's own catch in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; and

      (ii) Licensed and certified by the Maryland Department of Health in accordance with COMAR 10.15.07; and

    (b) The oysters or clams are sold or served to ultimate consumers, and not for resale.

#### Regulation .03 Commercial License Requirement.

*COMAR 08.02.08.03*

A. In this regulation, the following term has the meaning indicated.

B. Term Defined. “Shellfish” means:

  (1) All clams of the scientific Order Myoida;

  (2) All clams of the scientific Order Veneroida;

  (3) All crabs of the scientific Order Decapoda;

  (4) All lobsters of the scientific Order Decapoda;

  (5) All mussels of the scientific Order Mytiloida;

  (6) All octopuses of the scientific Order Octopoda;

  (7) All oysters of the scientific Order Ostreoida;

  (8) All scallops of the scientific Order Ostreoida;

  (9) All sea urchins of the scientific Class Echinoidea;

  (10) All shrimp of the scientific Order Decapoda;

  (11) All squids of the scientific Order Teuthoidea;

  (12) All starfish of the scientific Subclass Asteroidea; and

  (13) All whelks of the scientific Order Neogastropoda.

C. Except as otherwise provided in law or regulation, a person may not buy, sell, ship, transport, land, or otherwise deal in shellfish unless the person is licensed by the Department.

#### Regulation .04 Bay Scallop.

*COMAR 08.02.08.04*

A. Prohibition of Catching, Possession, or Sale of Bay Scallops; Exceptions.

  (1) A person may not catch, offer for sale, purchase, or possess any bay scallop (Argopecten irradians), or any parts of bay scallop caught in Maryland waters except as permitted in this regulation.

  (2) Exceptions.

    (a) A person may catch bay scallops in cooperation with a scientific investigation of the Department and cooperating persons having a valid scientific collecting permit.

    (b) The incidental catching of bay scallops by gear set for other species of shellfish is not considered a violation of this regulation if the bay scallops are returned to the water.

B. Possession or Sale of Bay Scallop Lawfully Taken in Another Jurisdiction. The provisions of §A of this regulation do not prohibit the entry into the State, or possession, transportation, exportation, processing, sale, offer for sale, or shipment of bay scallops which were caught in waters not under Maryland jurisdiction, if the person engaging in the activity demonstrates by a bill of sale that the bay scallops were lawfully taken and lawfully removed from another jurisdiction.

#### Regulation .05 Clam Harvester Declaration.

*COMAR 08.02.08.05*

A. Registration.

  (1) A tidal fish licensee who possesses a clam harvester or unlimited tidal fish license under Natural Resources Article, §4-701(d)(ii), Annotated Code of Maryland, shall declare an intent to harvest clams in order to participate in the clam season.

  (2) Declaration Schedule. A tidal fish licensee may submit an application of declaration during license renewal as described in Natural Resources Article, §4-701, Annotated Code of Maryland.

B. The individual shall declare separately for each of the following species:

  (1) Soft-shell clams:

    (a) Mya arenaria; and

    (b) Razor clams (Tagelus plebeius); and

  (2) Hard-shell clams (Mercenaria mercenaria).

C. Reporting. Tidal fish licensees who declare an intent to harvest clams under this regulation shall report in accordance with COMAR 08.02.13.06 on forms provided by the Department.

D. Closure Areas.

  (1) The Department shall provide the publication as described in Natural Resources Article, §4-1006.2, Annotated Code of Maryland, to each individual declaring an intent to harvest clams.

  (2) An individual receiving the publication as described in §D(2)(a) of this regulation shall certify to the Department on the form the Department prescribes that the person received the publication.

#### Regulation .06 Jonah Crabs.

*COMAR 08.02.08.06*

A. Definitions.

  (1) In this regulation the following terms have the meanings indicated.

  (2) Term Defined. “Federally tagged lobster trap” means a trap that:

    (a) Meets the requirements described in Regulation .10E and F of this chapter; and

    (b) Has a tag that was issued by the National Marine Fisheries Service.

B. Recreational.

  (1) An individual may not possess any Jonah crab that is egg-bearing or from which eggs have been intentionally removed.

  (2) There is no season or size limit for the recreational fishery.

  (3) The daily possession limit is 50 Jonah crabs per person per day.

C. Commercial Fishery.

  (1) A person shall be licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and permitted in accordance with this regulation in order to catch, possess, or land Jonah crabs for commercial purposes.

  (2) A person may not catch, land, possess, sell, offer to sell, or transport any Jonah crab:

    (a) Which is egg-bearing or from which eggs have been intentionally removed; or

    (b) Measuring less than 4-3/4 inches in width, measured at the widest part of the carapace (body shell).

  (3) A person may not remove the claws of a Jonah crab:

    (a) Which is egg-bearing or from which eggs have been intentionally removed; or

    (b) Measuring less than 4-3/4 inches in width, measured at the widest part of the carapace (body shell).

  (4) A person who removes the claws of a Jonah crab at sea may harvest:

    (a) Up to 5 gallons of claws of any size per trip; or

    (b) More than 5 gallons of claws per trip, if all claws harvested are a minimum of 2-3/4 inches in length, measured on the bottom of the claw, from the joint to the lower tip of the claw.

  (5) Maryland Jonah Crab Landing Permits.

    (a) An individual is eligible to declare for a permit to catch and land Jonah crabs in Maryland if they are properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

    (b) A landing permit is valid for the current commercial license year.

    (c) Landing permits may not be transferred.

  (6) Catch Limits.

    (a) An individual who is not in possession of a Maryland Jonah crab landing permit may not land Jonah crabs in Maryland.

    (b) An individual may land an unlimited number of Jonah crab claws and whole Jonah crabs per vessel per trip if the individual:

      (i) Harvests Jonah crabs from a federally tagged lobster trap;

      (ii) Is in possession of a valid federal lobster permit issued by the National Marine Fisheries Service; and

      (iii) Is in possession of a valid Maryland Jonah crab landing permit.

    (c) An individual may harvest Jonah crabs from gear other than a federally tagged lobster trap only if the:

      (i) Individual is in possession of a valid Maryland Jonah crab landing permit;

      (ii) Individual harvests fish species in addition to Jonah crabs during the same trip; and

      (iii) Total weight, in pounds, of the other fish species harvested is greater than that of the Jonah crabs, at all times.

    (d) An individual who harvests Jonah crabs from fishing gear other than a federally tagged lobster trap may not land more than:

      (i) 1,000 whole Jonah crabs per vessel per trip; or

      (ii) 2,000 Jonah crab claws per vessel per trip, regardless of whether or not the claws are attached to the Jonah crab.

  (7) Jonah crabs harvested for commercial purposes from Maryland waters of the Atlantic Ocean or from the waters of the Exclusive Economic Zone (EEZ) and landed in Maryland shall be sold to a dealer with a federal permit.

D. Reporting and Penalties.

  (1) An individual shall record the harvest of Jonah crabs in accordance with Natural Resources Article, §4-206, Annotated Code of Maryland.

  (2) A dealer shall transmit information weekly, or as required, on each Jonah crab transaction through the Department-approved reporting system.

  (3) In addition to any other penalty, failure to comply with this regulation may result in the suspension of the current permit or the denial of a subsequent permit.

  (4) Prior to suspending a permit or denying an application for a permit under this regulation, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

E. Vessel Monitoring Systems. Vessels with commercial trap gear area permits issued by the National Marine Fisheries Service shall utilize a Department-approved electronic tracking device in compliance with the requirements of the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Jonah Crabs.

F. General.

  (1) The Secretary may establish or modify catch limits or seasons for Jonah crabs in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Jonah Crabs, by issuing a public notice on the Department’s website.

  (2) The public notice shall state its effective hour and date and shall be published on the Department’s website at least 48 hours in advance of the effective hour and date.

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

  (4) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.

#### Regulation .07 Surf Clams.

*COMAR 08.02.08.07*

A. Maryland Waters. A person may not catch, attempt to catch, or possess any surf clams harvested from Maryland waters which extend from the Maryland shore to 3 miles offshore.

B. Offshore Waters.

  (1) A person may not possess or land surf clams harvested from offshore waters, which extend from 3—200 miles offshore in violation of the:

    (a) Catch limit established in 50 CFR 648; or

    (b) Size specifications established in 50 CFR 648.

  (2) A person may not catch, possess, or land surf clams when the National Oceanic and Atmospheric Administration closes the fishery in accordance with 50 CFR 648.

#### Regulation .08 Shrimp.

*COMAR 08.02.08.08*

A. Recreational Fishery.

  (1) An individual may use any gear authorized in COMAR 08.02.25.03 to catch shrimp for recreational purposes.

  (2) There is no closed season, size limit, or catch or possession limit for the recreational fishery.

  (3) An individual catching or attempting to catch shrimp for recreational purposes must be licensed or registered in accordance with COMAR 08.02.01.07.

B. Commercial Fishery.

  (1) A person shall be licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and permitted in accordance with this regulation in order to catch, possess, or land shrimp for commercial purposes.

  (2) Maryland Shrimp Permit.

    (a) An individual is eligible to declare for a permit to catch and land shrimp in Maryland if they are properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

    (b) A shrimp permit:

      (i) Is valid for the commercial license year; and

      (ii) May not be transferred.

  (3) A person licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and permitted in accordance with this regulation, may use any of the gear listed under COMAR 08.02.25.01 to catch shrimp, as long as that gear would otherwise be allowed to harvest fish under their license and the gear is used in accordance with the rules established under COMAR 08.02 and Natural Resources Article, Title 4, Annotated Code of Maryland.

  (4) Pilot Program.

    (a) The Department may conduct a pilot project to demonstrate and evaluate new approaches to managing the shrimp fishery.

    (b) Notwithstanding Natural Resources Article, Title 4, Annotated Code of Maryland and COMAR 08.02, pilot projects may be conducted to implement and assess conservation and management measures.

    (c) The Department may select and designate certain persons licensed under Natural Resources Article, §4-701, Annotated Code of Maryland, to participate in a pilot project. A participating licensee shall:

      (i) Apply for a pilot program permit on forms provided by the Department;

      (ii) Have a pilot program permit in order to participate in a pilot program;

      (iii) Comply with any conditions of the permit; and

      (iv) Be eliminated from the pilot project at the discretion of the Department.

    (d) The Department shall:

      (i) Develop pilot projects in cooperation with the commercial fishing industry; and

      (ii) Provide adequate notice of a pilot program through various media so that an interested individual has reasonable opportunity to be informed.

C. Reporting and Penalties.

  (1) An individual shall record the harvest of shrimp in accordance with Natural Resources Article, §4-206, Annotated Code of Maryland.

  (2) In addition to any other penalty, failure to comply with this regulation may result in the suspension of the current permit or the denial of a subsequent permit.

  (3) Prior to suspending a permit or denying an application for a permit under this regulation, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

D. General.

  (1) The Secretary may establish or modify catch limits, size limits, or seasons for shrimp or open or close areas for shrimp harvest in order to implement the South Atlantic Fishery Management Council Shrimp Fishery Management Plan for the South Atlantic Region, by issuing a public notice on the Department's website.

  (2) The public notice shall state its effective hour and date and shall be published on the Department's website at least 48 hours in advance of the effective hour and date.

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

  (4) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.

#### Regulation .09 Seafood Dealers.

*COMAR 08.02.08.09*

A. A person licensed to buy, process, pack, resell, market, or otherwise deal in soft-shell clams, hard-shell clams, or oysters in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, shall:

  (1) Accept soft-shell clams, hard-shell clams, or oysters only:

    (a) From a licensed harvester;

    (b) On the same day of harvest; and

    (c) If tagged as required in accordance with COMAR 08.02.02.04, 08.02.04.04, or 08.02.07.04.

  (2) Follow the requirements of the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference in COMAR 10.15.07.01A; and

  (3) Implement Vibrio parahaemolyticus control measures in accordance with COMAR 10.15.07.06.

B. 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:

  (1) Follow the requirements of the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference in COMAR 10.15.07.01A; and

  (2) Implement Vibrio parahaemolyticus control measures in accordance with COMAR 10.15.07.06.

C. Any person possessing a license to deal in soft-shell clams shall maintain and submit to the Department any records the Department may require.

D. Declaration.

  (1) Prior to purchasing soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters, a person licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland and licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07, shall on a form provided by the Department:

    (a) Declare their intent to deal in shellfish; and

    (b) Provide their certification number issued by the Maryland Department of Health.

  (2) A declaration of intent under this section shall be valid for the remainder of the license year.

#### Regulation .10 American Lobsters.

*COMAR 08.02.08.10*

A. An individual who catches an egg bearing female lobster that measures 3-3/8 inches to 5-1/4 inches in length from the rear end of the eye socket along a line parallel to the center line of body shell (carapace) to the rear of the body shell shall:

  (1) Mark the lobster to the right of the center flipper as viewed from the rear of the female lobster when the underside of the lobster is down with a v-shaped notch that:

    (a) Is made by means of a sharp bladed instrument;

    (b) Is at least 1/4 inch in length;

    (c) Is not greater than 1/2 inch in depth; and

    (d) Tapers to a sharp point; and

  (2) Immediately release the lobster.

B. A person may not catch, land, possess, sell, offer to sell, or transport any:

  (1) Lobster that is egg-bearing or from which eggs have been intentionally removed;

  (2) Lobster measuring less than 3-3/8 inches from the rear end of the eye socket along a line parallel to the center line of body shell (carapace) to the rear of the body shell;

  (3) Female or male lobster measuring greater than 5-1/4 inches from the rear end of the eye socket along a line parallel to the center line of body shell (carapace) to the rear of the body shell;

  (4) Lobster which has an outer shell which has been speared;

  (5) Female lobster bearing a V-shaped notch which is:

    (a) A straight-sided triangular cut with or without setal hairs, at least 1/8 inch in depth and tapering to a sharp point in the flipper next to the right of the center flipper as viewed from the rear of the female lobster; or

    (b) Mutilated in a manner which could hide, obscure, or obliterate such a mark; or

  (6) Lobster from February 1 through March 31.

C. An individual shall land lobsters whole and may not remove any meat, body appendages, or tail from any lobster before landing.

D. An individual using gear other than lobster traps may not land more than 100 lobsters per day for a 24-hour period, or 500 lobsters per trip for a 5-day or longer period.

E. A lobster trap:

  (1) Shall have a minimum of:

    (a) One rectangular escape vent located in the parlor section of the trap which shall be a minimum of 2 inches by 5-3/4 inches; or

    (b) Two circular escape vents located in the parlor section of the trap which shall have a minimum diameter of 2-5/8 inches;

  (2) May not exceed a volume of 22,950 cubic inches;

  (3) Shall be removed from the water not later than February 14 of each year; and

  (4) May not be set prior to March 24 of each year.

F. A lobster trap not constructed entirely of wood, excluding heading or parlor twine and the escape vent, shall contain a ghost panel to allow for the escape of lobsters after a period of time if the trap has been abandoned or lost according to the following specifications:

  (1) The rectangular opening covered by the ghost panel may not be less than 3-3/4 inches by 3-3/4 inches;

  (2) The ghost panel shall be located in the outer parlor or parlors of the trap and not the bottom of the trap; and

  (3) The ghost panel shall be constructed of or fastened to the trap with wood lath, cotton, hemp sisal, or jute twine not greater than 3/16 inch in diameter, or non-stainless, uncoated ferrous metal not greater than 3/32 inch in diameter.

G. Vessel Monitoring Systems. Vessels with commercial trap gear area permits issued by the National Marine Fisheries Service shall utilize a Department-approved electronic tracking device in compliance with the requirements of the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for American Lobster.

#### Regulation .11 Hydraulic Clam Dredge.

*COMAR 08.02.08.11*

A. General Restrictions.

  (1) An individual may not operate a hydraulic clam dredge unless they possess a valid tidal fish license to catch clams.

  (2) The owner of a hydraulic clam dredge may not permit the operation of the dredge by more than one individual on any one day, including the owner.

B. Measurement of Rig.

  (1) A hydraulic clam dredging rig may not have more than one conveyor or elevator, blade, and water manifold.

  (2) The water manifold may not be more than 36 inches in width measuring from the outside jets.

  (3) The outside jets on the water manifold shall be set parallel to, or inclined inward toward, the median vertical longitudinal plane of the dredge.

C. Muffler Required. A hydraulic clam dredge vessel shall have mufflers properly installed on all motors and engines in accordance with COMAR 08.18.03.08.

D. An individual may not harvest clams by hydraulic dredge in the Chesapeake Bay offshore of Sandy Point State Park in Anne Arundel County within:

  (1) 800 feet of the shoreline January 1 through March 31;

  (2) 1,500 feet of the shoreline April 1 through September 30; and

  (3) 800 feet of the shoreline October 1 through December 31.

E. Private Bathing Beach.

  (1) From May 1 through September 30, an individual may not catch or attempt to catch clams by hydraulic dredge within 300 feet of a private bathing beach.

  (2) The private bathing beach shall be marked with a sign which shall:

    (a) Be posted and maintained by the owner of the private bathing beach;

    (b) Be a minimum of 2 feet high by 3 feet wide with legible black letters measuring a minimum of 4 inches high and 2 inches wide;

    (c) State “Private Bathing Beach — No Clam Dredging Within 300 Feet”;

    (d) Be made of durable material; and

    (e) Conform to local ordinances and codes.

#### Regulation .12 Reporting.

*COMAR 08.02.08.12*

A. Shellfish Buy Ticket.

  (1) A shellfish buy ticket shall be:

    (a) Provided by the Department;

    (b) Completed in accordance with this regulation; and

    (c) Returned to the Department in accordance with this regulation.

  (2) When soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters are sold to a buying station:

    (a) The seller shall provide the information necessary for the buyer to complete a shellfish buy ticket;

    (b) The buyer shall complete a shellfish buy ticket for every soft-shell clam of the species Mya arenaria, hard-shell clam, or oyster purchase; and

    (c) Both the seller and the buyer shall sign the shellfish buy ticket.

  (3) When soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters are sold at a location other than a buying station, the seller shall complete and sign a shellfish buy ticket.

  (4) An individual who harvests oysters from a public oyster bar, soft-shell clams of the species Mya arenaria, or hard-shell clams and places them on a lease shall complete and sign a shellfish buy ticket.

  (5) The shellfish buy ticket shall be returned to the Department in accordance with §D of this regulation.

  (6) A shellfish buy ticket is not required for the sale or purchase of shellfish harvested from a leased area.

B. Shellfish Tax Report.

  (1) A shellfish tax report shall be:

    (a) Provided by the Department;

    (b) Completed in accordance with this regulation; and

    (c) Returned to the Department in accordance with this regulation.

  (2) When soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters are sold at a:

    (a) Buying station, the buyer shall complete a Shellfish Tax Report; or

    (b) Location other than a buying station, the seller shall complete a Shellfish Tax Report.

  (3) The shellfish tax report shall be returned to the Department in accordance with §D of this regulation.

C. Shellfish Export Certificate.

  (1) When soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters are shipped out of State, the seller shall complete a shellfish export certificate for each shipment.

  (2) The original shellfish export certificate shall accompany the shipment of oysters out of State.

  (3) A copy of the shellfish export certificate shall be submitted to the Department in accordance with §D of this regulation.

D. Requirements for Return of Documents.

  (1) Except as provided in §D(3) of this regulation, a person shall return the completed shellfish buy ticket, shellfish tax report, and shellfish export certificate to the Department each week for all soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters purchased or sold during the week ending on the previous Saturday, even if no taxes are due.

  (2) All forms, reports, and certificates shall be accompanied by any money due to the State for the respective period of time.

  (3) Exceptions.

    (a) A person who has indicated on a form provided by the Department that they will not be buying or selling oysters, soft-shell clams of the species Mya arenaria, or hard-shell clams for a particular period of time is exempt from submitting the records required by §§A—C of this regulation for the time period specified on the form.

    (b) Individuals whose sales or purchases would require payment of taxes of less than $25 weekly may submit the required documents monthly.

    (c) A person who has not declared their intent to buy soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters in accordance with COMAR 08.02.08.09 is not required to submit the reports described in this regulation.

#### Regulation .13 Freshwater Mussels.

*COMAR 08.02.08.13*

A. Definition.

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

  (2) Term Defined. “Freshwater mussel” means all species of freshwater mussels in the order Unionoida.

B. Prohibition of Catching, Possession, or Sale of  Freshwater Mussels. Except as provided in §C of this regulation, a person may not catch, offer for sale, purchase, or possess any freshwater mussel caught in Maryland waters.

C. Exceptions.

  (1) The incidental catching of any freshwater mussel is not considered a violation of this regulation if the freshwater mussel is immediately returned unharmed to the water.

  (2) The provisions of §A of this regulation do not prohibit the entry into the State or possession, transportation, exportation, processing, sale, offer for sale, or shipment of any freshwater mussels which were caught in waters not under Maryland jurisdiction if the person engaging in the activity demonstrates by a bill of sale that the freshwater mussels were lawfully taken and lawfully removed from another jurisdiction.

#### Regulation .14 Conch.

*COMAR 08.02.08.14*

A. Except as provided in §B of this regulation, a person may not catch, land, or possess a conch measuring less than 6 inches total length from the spiral apex to the outer tip of the opening.

B. Channeled Whelk. A person may catch, land or possess a channeled whelk measuring less than 6 inches total length if the whelk has a girth that is a minimum of 3-3/8 inches in diameter.