# COMAR Title 08 — Department of Natural Resources

## Subtitle 02 — Fisheries Service

### Chapter 16 — Oyster Recovery Areas

**Authority:** Natural Resources Article §§4-2A-03 and 4-215, Annotated Code of Maryland

**Administrative History:** Effective date: May 20, 1996 (23:10 Md. R. 731)

#### Regulation .01 Scope.

*COMAR 08.02.16.01*

This chapter applies to oyster recovery areas and the types of activities which can be conducted in these areas.

#### Regulation .02 Definitions.

*COMAR 08.02.16.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Certified seed” or “certified oyster” means seed oysters having zero prevalence and intensity of MSX and dermo at the time of planting, as determined by current technology.

  (2) “Oyster recovery areas (ORA)” means the geographic areas in the Chesapeake Bay and its tributaries designated for management actions.

  (3) “Zones” means geographic areas within oyster recovery areas where specific management actions may occur and which are designated as Zones A, B, or C.

#### Regulation .03 Oyster Recovery Areas.

*COMAR 08.02.16.03*

The following tributaries of the Chesapeake Bay are designated as oyster recovery areas for specific management actions:

A. Chester River;

B. Choptank River;

C. Severn River;

D. Magothy River;

E. Nanticoke River; and

F. Patuxent River.

#### Regulation .04 Zone Lines.

*COMAR 08.02.16.04*

A. The following geographic areas in §B—G of this regulation designate zones within each ORA for specific management actions.

B. Chester River.

  (1) Zone A is upstream from a line which runs from Lat. 39°06'31.6", Long. 76°07'06.8" southeast from Deep Point across the river to Lat. 39°06'11.5", Long. 76°06'48.8" east of Spaniard Point.

  (2) Zone B is upstream from a line connecting Spaniard Point at Lat. 39°05'33.2", Long. 76°08'43.8" with the other side of the river in a northwest direction to Lat. 39°06'16.0", Long. 76°09'37.1" up to the boundary of Zone A.

  (3) Zone C is downstream from the lower boundary of Zone B to the mouth of the river defined by a line from Love Point to the northwest tip of Eastern Neck Island.

C. Choptank River.

  (1) Zone A is upstream from just south of Jamaica Point at Lat. 38°36'38.6", Long. 75°59'09.8" across to the southern edge of the mouth of the Warwick River at Lat. 38°36'19.8", Long. 75°58'36.0".

  (2) Zone B is downstream approximately 4,000 yards from the boundary of Zone A to Lat. 38°34'36.6", Long. 76°00'23.5" across the river to Lat. 38°35'20.3", Long. 76°01'15.0".

  (3) Zone C is downstream from the lower boundary of Zone B to the mouth of the Choptank River.

D. Severn River.

  (1) Zone A is downstream from the Route 50 bridge and upstream from the Maryland Department of Environment's restricted line.

  (2) Zone B is upstream from the Route 50 bridge.

E. Magothy River.

  (1) Zone B encompasses all of the area upstream of a line from Chest Neck Point, Lat. 39°04'17.55", Long. 76°30'08.29" to South Ferry Point, Lat. 39°04'42.56", Long. 76°29'32.54".

  (2) Zone C encompasses the area downstream of a line from Chest Neck Point to South Ferry Point to the mouth of the river.

F. Nanticoke River.

  (1) Zone B is an area upstream of a line from the southern shore of the mouth of Lower Greens Cove, Lat. 38°20'28.34", Long. 75°54'47.60" to Hatcrown Point, Lat. 38°19'44.70", Long. 75°52'56.68".

  (2) Zone C is an area downstream of a line from the southern shore of the mouth of Lower Greens Cove to Hatcrown Point.

G. Patuxent River.

  (1) Zone B is upstream of a line from Holland Point, Lat. 38°30'28.71", Long. 76°39'57.57" to the west shore of the river, Lat. 38°30'27.63", Long. 76°40'42.78".

  (2) Zone C is downstream of a line from Holland Point to the west shore of the river.

#### Regulation .05 Prohibitions.

*COMAR 08.02.16.05*

A. Shellfish Harvest. Except as provided in §C of this regulation, shellfish harvesting is prohibited in an area designated as Zone A listed in Regulation .03 of this chapter.

B. Seed Certification. Only certified seed shall be planted in areas designated as Zone A and Zone B.

C. Chester River. Clam harvesting is permitted in an area designated as Zone A listed in Regulation .04B of this chapter.