reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 7 - Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters › Section 4-739 - Fishing Restrictions -- Sturgeon

(a)    The Department may make rules and regulations governing catching sturgeon in the waters of the State or possessing and selling within the State sturgeon caught in the waters of the State.
(b)    The rules and regulations of the Department become effective only after a public hearing is held. The time, place, and purpose of the public hearing shall be advertised in one newspaper of general daily circulation in the State, and at least one newspaper circulated in each county, at least once per week for two successive weeks in advance of the hearing. After the hearing and adoption of the rules and regulations, they shall be published in the newspapers which published the notice of the hearing.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 7 - Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters › Section 4-740 - Fishing Restrictions -- Walleyed Pike

(a)    A person may catch walleyed pike, commonly known as Susquehanna salmon, only by rod, or hook and line at any time in the tidal waters of the State. The open season for catching walleyed pike for commercial purposes is from March 15 to November 30.
(b)    A person may not sell, purchase, offer to purchase, possess, or deliver to any private or common carrier for transportation, walleyed pike caught in the tidal waters of the State during the closed commercial season. A private or common carrier may not accept for transportation, and a person may not transport, carry, or cause to be transported, or carried by any means walleyed pike caught in the tidal waters of the State during the closed commercial season.
(c)    Any person may possess or transport walleyed pike caught by rod, or hook and line, at any time during the year.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 7 - Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters › Section 4-741 - Carrying Domestic Animals on Boats Transporting Shellfish Commercially Prohibited

A person in charge of any boat or vessel catching or transporting shellfish commercially may not carry on board a domestic animal of any kind.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 7 - Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters › Section 4-743 - Quarantine of Shellfish

(a)    To protect the shellfish resources of the State, the Department may adopt rules and regulations prohibiting the importation of any shellfish and quarantining any area within the State populated by shellfish infected or affected or suspected of being infected or affected by any destructive disease, deleterious genetic characteristic, dangerous parasite, or other biological threat.
(b)    The Department may establish by rules and regulations the penalty for violating any rule or regulation adopted pursuant to subsection (a) of this section. The penalty may not exceed a fine of $1,000 or imprisonment for one year, or both, together with confiscation of any gear and equipment, whether afloat or ashore, used to commit the violation, in the discretion of the court.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 7 - Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters › Section 4-744 - Synopsis of Laws and Chart of Restricted Waters

The Department shall issue a synopsis of laws covering pertinent information when issuing any commercial fishing license. A chart or adequate description of restricted waters shall be available at cost upon request.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 7 - Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters › Section 4-745.1 - Chesapeake Bay and Coastal Sport Fishing License Pilot Program -- Purpose of Program -- Tracking Costs -- Annual Reports. [Effective Until July 1, 2027]

// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 409 AND 410 OF 2022 //
(a)    In this section, “Pilot Program” means the Chesapeake Bay and Coastal Sport Fishing License Pilot Program.
(b)    There is a Chesapeake Bay and Coastal Sport Fishing License Pilot Program in the Department.
(c)    The purpose of the Pilot Program is to:
(1)    Collect contact information and demographic data of individuals fishing under a consolidated Chesapeake Bay and coastal sport boat license issued under § 4–745(d)(2) of this subtitle;
(2)    Collect information regarding the number of trips taken and fish caught and released under a consolidated Chesapeake Bay and coastal sport boat license; and
(3)    Improve registration compliance with the free registration authorized under § 4–745(d)(3) of this subtitle.
(d)    To maintain eligibility to purchase a consolidated Chesapeake Bay and coastal sport boat license, the holder of the license shall provide to the Department all information requested under subsection (c) of this section.
(e)    The Department shall track on a monthly basis costs associated with implementing the Pilot Program.
(f)    On or before December 1, 2023, and each December 1 thereafter for the duration of the Pilot Program, the Department shall report recommendations on expected funding needed to grow and establish the Pilot Program as a permanent program to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
(g)    On or before January 1, 2023, the Department shall adopt regulations to carry out this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 7 - Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters › Section 4-746 - Annual Survey of Striped Bass

The Department shall conduct annually a scientific survey to determine the relative abundance of striped bass or rockfish of approximately 18 inches in length that are in the Chesapeake Bay and its tributaries. The survey shall be conducted in areas that are used by the Department to determine its young–of–the–year index of striped bass or rockfish.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 7 - Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters › Section 4-747 - Sale, Trade, or Distribution of Shark Fins Prohibited

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Shark” means any species of the subclass Elasmobranchii.
(ii)    “Shark” does not include smooth–hounds, spiny dogfish, or species in the superorder Batoidea.
(3)    “Shark fin” means the raw, dried, or otherwise processed detached fin or tail of a shark.
(b)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, a person may not possess, sell, offer for sale, trade, or distribute a shark fin.
(2)    A person may possess a shark fin if:
(i)    The person holds the appropriate State or federal license or permit authorizing the taking or landing of a shark for recreational or commercial purposes;
(ii)    The shark fin is taken from a shark that the person has taken or landed; and
(iii)    The shark fin is taken in a manner consistent with the person’s license.
(3)    A museum, college, or university may possess a shark fin if the shark fin is used solely for display or research purposes.
(c)    The Department shall adopt regulations to implement this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 8 - Crabs › Section 4-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Buckram crab” means a crab that has a paper shell.
(c)    “Crab” means the blue crab species.
(d)    “Green crab” means an under-developed peeler.
(e)    “Peeler” means a crab which has a soft shell that is developing under the hard shell, on which there is a white, pink, or red line or rim on the edge of that part of the back fin next to the outer section of this fin.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 8 - Crabs › Section 4-802.1 - Landing of Crabs Caught in Waters of Worcester County; Waiver of Section

Any crabs caught in the waters of Worcester County shall be landed in the State. However, the Department may waive the provisions of this section in case of emergency, necessity, or for other good cause.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 8 - Crabs › Section 4-803 - Rules and Regulations Generally; Public Hearings Before Rules and Regulations Become Effective

(a)    The Department may adopt rules and regulations to effectuate the following purposes:
(1)    To restrict catching and possessing any blue crab;
(2)    The methods by which crabs are taken;
(3)    To close or open any specified area to catch crabs;
(4)    To prohibit or restrict devices used to catch crabs;
(5)    To establish seasons to catch crabs;
(6)    To establish that the workday for tidal fish licensees who catch crabs using trotline gear may begin earlier than 1 hour before sunrise; and
(7)    To establish minimum size limits for hard, soft, and peeler crabs. However, this section does not permit the Department to change existing license fees for catching, picking, canning, packing, or shipping cooked hard or soft crabs or crab meat; or for selling, or shipping live hard or soft crabs by barrel or crate. The Department may set license fees on types of gear or equipment if not otherwise set by law.
(b)    (1)    The Department may not adopt regulations to:
(i)    Restrict a tidal fish licensee who catches crabs using trotline gear to a workday of less than 8 hours per day, excluding time spent setting or taking up gear; or
(ii)    Establish time restrictions on a tidal fish licensee using trotline gear for setting and taking up gear.
(2)    Except as provided in subsection (c) of this section, if the Department authorizes the workday to begin earlier than 1 hour before sunrise, then:
(i)    The Department may not adopt regulations to restrict a tidal fish licensee who catches crabs using trotline gear to a workday of less than 11 hours per day, including time spent setting or taking up gear; and
(ii)    Trotline gear may not be set earlier than the catch time established by the Department.
(c)    The Department shall adopt regulations that authorize a tidal fish licensee who is authorized to catch crabs using all legal gear to work 1 additional early hour on Labor Day, Memorial Day, July 4, and the day before each of these holidays in a license year.
(d)    The Department’s regulations may not become effective under this section until the Department first holds public hearings. The Department shall advertise the time, place, and purpose of the hearings in one newspaper of general daily circulation in the State, and at least in one newspaper circulated in the affected region of each county whose waters may be directly affected by the proposed regulations at least once per week for 2 successive weeks in advance of the hearings.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 8 - Crabs › Section 4-807 - License to Engage in Business of Picking, Canning, or Packing Crabs

(a)    Any person desiring to engage in the business of picking, canning, or packing crabs, except a person picking and selling crab meat for local family trade, first shall obtain a license. “Local family trade” means the selling of picked crab meat directly to the consumer by the picker, with the meat being picked entirely from crabs harvested by the picker or family of the picker. Nothing in this section exempts persons engaged in picking, canning, or packing crabs from the applicable Maryland Department of Health requirements.
(b)    This section does not require any person licensed to catch crabs to obtain a license to sell the crabs caught, or require a license for retail crab sellers who purchase crabs from a person licensed under this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 8 - Crabs › Section 4-809 - Limitations and Prohibitions on Catching and Possessing Certain Kinds and Sizes of Crabs; Regulations; Special Provisions for Worcester County

(a)    (1)    Except as provided in regulations adopted under paragraph (2) of this subsection, a person may not catch or possess soft crabs measuring less than three and one–half inches across the shell from tip to tip of the spike.
(2)    (i)    The Department shall adopt regulations establishing and governing a permissible bycatch for soft crabs under this subsection.
(ii)    The regulations that the Department adopts under this paragraph may not be more restrictive than the applicable restrictions on the permissible bycatch for hard crabs and peeler crabs.
(b)    In the waters of Worcester County, a person may not catch, possess, or keep in floats any fat crabs, or any crab known as snot crab, green crab, or buckram crab.
(c)    The minimum size of crabs does not apply to mature female crabs, identified by the rounded apron.
(d)    The minimum size for peeler crabs set by the Department in regulation does not apply to crabs imported into Maryland during the closed season for catching crabs if the person possessing the imported crabs has a certificate of origin.
(e)    Once taken, peelers shall be kept separate from other crabs.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 8 - Crabs › Section 4-810 - Rules and Regulations Pertaining to Female Crabs

The Department may adopt rules and regulations, after reasonable notice by publication, to permit or prohibit catching, canning, packing, shipping, or possessing the egg-bearing female crab or the female crab from which eggs have been removed.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 8 - Crabs › Section 4-812 - Use of Crab Pots in Chesapeake Bay Waters in Dorchester and Somerset Counties

(a)    A person may set crab pots in the waters of Tangier Sound, including Kedges Straits and the Somerset County waters of Holland Straits, south of a line running from Lower Island Point on Bloodsworth Island, following the Dorchester County-Somerset County line to its junction with county line buoy A; thence in a northerly direction toward Sharkfin Shoal Light to its junction with a straight line running from range marker AA northeasterly to range marker BB and the Dorchester County-Somerset County line; thence in a northeasterly direction following the straight line running from range marker AA northeasterly to range marker BB and the Dorchester County-Somerset County line to its junction with a line running from the former dwelling of Thomas Tigner near Haines Point to the southwesterly most point of land on Clay Island, provided that no crab pots be set in water that is less than 4 feet deep at mean low tide.
(b)    A person may set crab pots outside of marked channels in the waters of Tyler Creek on Smith Island from April 1 to June 15.
(c)    A person may not set crab pots in the Dorchester County waters of Holland Straits.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 8 - Crabs › Section 4-814 - Limitation on Number of Crab Pots

(a)    Except as otherwise provided in this section, a person authorized to catch crabs for commercial purposes may not set or fish more than 300 crab pots.
(b)    For the license year ending August 31, 1994, a licensee who held a valid license to catch crabs for commercial purposes on April 1, 1994 may set and fish 300 additional crab pots for each additional crew member authorized on the license, but may not set more than 600 additional crab pots, regardless of the number of crew members, and may not set more than 900 pots per boat.
(c)    (1)    After August 31, 1994, an authorization granted under subsection (b) of this section to employ one or two additional crew members and thereby fish additional crab pots, shall be valid until the license is transferred, revoked by the Department or relinquished voluntarily by the licensee.
(2)    An authorization granted under subsection (b) of this section may be transferred to another licensee separately from the original crab harvester license or tidal fish license in any valid transfer under Subtitle 7 of this title.
(d)    (1)    The Department shall determine the total number of additional crew authorizations granted under subsection (b) of this section.
(2)    When a license is revoked or voluntarily relinquished, the Department may award the unused crew authorization to another licensee under criteria and procedures to be promulgated as regulations by the Department, provided that the number of crew authorizations in use may not exceed the total number granted under subsection (b) of this section as of August 31, 1994.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 8 - Crabs › Section 4-816 - Nonnative Crab Restrictions

The Department may adopt regulations to limit or prohibit the importation, use, catching, or possessing of the following nonnative crab species, which are determined to be harmful to the ecology and natural resources of the State:
(1)    Green crab (Carcinus maenas) of the family Portunidae;
(2)    Japanese shore crab (Hemigrapsus sanguineus) of the family Grapsidae; and
(3)    Chinese mitten crab (Eriocheir sinensis) of the family Grapsidae.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 9 - Lobster, Shrimp, Terrapin, and Conch › Section 4-901 - Rules and Regulations Pertaining to Lobster

(a)    The Department may adopt rules and regulations to:
(1)    Restrict the possession, landing, selling, or transporting of any lobster or lobster parts; and
(2)    Establish minimum size limits for lobsters.
(b)    The Department shall publish a notice of any lobster harvest regulations proposed under this section, and of any subsequent amendments to the regulations, and shall hold a public hearing on the proposal unless a public hearing on a substantially similar proposal has been conducted in the State by a federal management authority with notice advertised by the Department as required by this section. The notice shall include the time and place of any hearing.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 9 - Lobster, Shrimp, Terrapin, and Conch › Section 4-902 - Taking or Possessing Diamondback Terrapin for Commercial Purposes

(a)    Except as provided in subsection (b) of this section:
(1)    A person may not take or possess diamondback terrapin for commercial purposes; and
(2)    A person may not possess more than three diamondback terrapin for noncommercial purposes.
(b)    This section does not prohibit:
(1)    The incidental catch of diamondback terrapin, provided the diamondback terrapin are returned immediately to the water;
(2)    The collection or possession of diamondback terrapin in accordance with the terms of a scientific or educational certificate or permit issued in accordance with § 4–212 of this title or § 10–909 of this article; or
(3)    The possession and breeding of diamondback terrapin by a person who holds a valid permit issued by the Department for:
(i)    Aquaculture activities under Subtitle 11A of this title; or
(ii)    Captive wildlife breeding under Title 10, Subtitle 9 of this article.
(c)    (1)    The Department, in consultation with the Maryland Aquaculture Coordinating Council, shall adopt regulations for diamondback terrapin aquaculture and captive breeding before issuing any additional permits relating to diamondback terrapin under Subtitle 11A of this title or Title 10, Subtitle 9 of this article.
(2)    The regulations adopted in accordance with paragraph (1) of this subsection shall include:
(i)    Verifiable safeguards to identify legally obtained diamondback terrapin;
(ii)    Standards for diamondback terrapin husbandry; and
(iii)    Standards for shipping diamondback terrapin.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 9 - Lobster, Shrimp, Terrapin, and Conch › Section 4-904 - License Required for Commercial Shrimp Catching -- Regulations Adopted Governing Shrimp Fisheries

(a)    A person may not catch shrimp for commercial purposes unless the person first obtains a license from the Department.
(b)    (1)    Notwithstanding any other provisions of this title, the Department may adopt regulations:
(i)    Governing any aspect of the shrimp fishery; and
(ii)    Establishing and implementing a pilot program related to fishing for shrimp.
(2)    Regulations adopted under paragraph (1)(i) of this subsection may authorize the Department to establish for the shrimp fishery by public notice:
(i)    Closed areas;
(ii)    Catch limits;
(iii)    Seasons;
(iv)    Size limits;
(v)    Gear restrictions; and
(vi)    Reporting requirements.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part I - General Provisions Relating to Oysters and Clams › Section 4-1002 - Dredging for Clams or Oysters Prohibited

Notwithstanding any other provision of this title, a person may not catch or attempt to catch clams or oysters by power dredge, hydraulic clam dredge, or other mechanical means in the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part I - General Provisions Relating to Oysters and Clams › Section 4-1003 - Residents May Catch Oysters and Clams

Any resident of the State may catch oysters or clams on any area in the waters of the State from which catching oysters or clams is permitted under the provisions of this subtitle. This section applies to catching oysters or clams by rakes, tongs, patent tongs, dredges, handscrapes, or by other means permitted by law for the particular area. This section applies also to catching clams by hydraulic or mechanical dredges or rigs permitted by law for the particular area. This section does not affect any provision of this subtitle concerning the licensing or regulation of catching oysters or clams, except as specifically provided in this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part I - General Provisions Relating to Oysters and Clams › Section 4-1004 - License to Catch Oysters and Clams Commercially

(a)    (1)    A resident may catch up to 1 bushel each of oysters and clams a day for the person’s own use and consumption without a license, in places and at times prescribed by regulation of the Department.
(2)    A nonresident may catch in the tidal bays of Worcester County up to 1 bushel of hard clams per day for the nonresident’s own use and consumption.
(b)    Only a resident of the State may obtain a license to catch oysters or clams for commercial purposes in the waters of the State.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part I - General Provisions Relating to Oysters and Clams › Section 4-1005 - Devices for Catching Oysters and Clams; Patent Tongs; String Culture of Oysters

(a)    Subject to restrictions promulgated pursuant to this subtitle, a person may catch oysters or clams in the waters of the State only by hand, rakes, tongs, patent tongs, diving apparatus, dredges, handscrapes, cultch material suspended on strings, in trays, in bags, or similar devices. Soft-shell clams may be caught by hydraulic or mechanical dredges or rigs.
(b)    The Department may make uniform the size and weight of patent tongs in waters where patent tongs are permitted. However, any person using any size or weight patent tongs on June 1, 1964, may continue to use them.
(c)    A person may catch oyster spat in the waters of the State by suspended means such as cultch material on strings, trays, bags, or similar devices, which do not touch the bottom and do not interfere with navigation.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part I - General Provisions Relating to Oysters and Clams › Section 4-1006 - Catching Oysters or Clams in Certain Areas Prohibited

(a)    A person may not catch oysters or clams within 400 yards of the Federal Research Laboratory at Oxford.
(b)    (1)    A person may not catch oysters or clams on any area closed by the Department of the Environment due to pollution.
(2)    However, oysters may be transplanted from areas deemed polluted during the closed season in accordance with the provisions of § 4-1009 of this subtitle and § 4-1106 of this title.
(3)    (i)    If the Department of the Environment closes any area to the catching of oysters or clams under this subsection, in addition to the notice required in subparagraph (ii) of this paragraph, the Department of Natural Resources shall mark the area so that the area can be seen from the water.
(ii)    The Department of Natural Resources shall adopt rules and regulations to provide for the marking in a plain and visibly obvious fashion of any area that is closed to the catching of oysters or clams because of pollution. Even in the absence of such marking devices, a person may not catch oysters or clams in a restricted area as designated by the Department of the Environment if notice has been given to the appropriate governing body and the committee of watermen of any county affected by the restriction.
(c)    During the open season for migratory wild waterfowl, a person may not catch oysters in Charles County within 500 yards of any stationary blind or blind site which is occupied and is being used for hunting migratory wild waterfowl.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part I - General Provisions Relating to Oysters and Clams › Section 4-1006.1 - Submerged Aquatic Vegetation Protection Zones

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Aerial survey” means the annual aerial survey compiled by the Virginia Institute of Marine Sciences for the annual Bay–wide Submerged Aquatic Vegetation Mapping Program.
(3)    “SAV protection zone” means an area delineated by the Department for the protection from uprooting and the restoration of submerged aquatic vegetation.
(b)    (1)    In 2004 and every 3 years thereafter, the Department shall update the delineations of SAV protection zones that were completed in 2001.
(2)    The updated delineations shall include areas where submerged aquatic vegetation has been mapped by aerial surveys during at least 1 of the previous 3 years.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a previously delineated SAV protection zone may be opened to the use of the gear set forth in subsection (f) of this section during an update if:
(i)    Aerial surveys have not shown any submerged aquatic vegetation in the area during the past 3 years; or
(ii)    Aerial surveys have shown the density of submerged aquatic vegetation in that area to be less than 10% during each of the past 6 years.
(2)    The areas in the vicinity of Smith Island, South Marsh Island, and Bloodsworth Island that were closed to hydraulic clam dredging in the 1999 delineation shall be closed to the gear set forth in subsection (f) of this section and may not be reopened.
(d)    (1)    To the extent possible, the Department shall adjust SAV protection zones so that delineations are geographically manageable, utilizing straight lines and existing points of reference.
(2)    (i)    To the extent possible, an adjustment made in accordance with paragraph (1) of this subsection shall result in no net loss or gain of protected area.
(ii)    To the extent possible, to prevent the net loss or gain of protected area resulting from an adjustment made in accordance with paragraph (1) of this subsection, the adjustment may:
1.    Exclude small areas of vegetated bottom; or
2.    Include small areas of unvegetated bottom.
(e)    The Department:
(1)    Shall utilize buoys or other visible landmarks as appropriate to mark SAV protection zones;
(2)    May make revisions to the delineations of SAV protection zones at any time if determined to be necessary; and
(3)    Shall publish, by public notice, delineations of SAV protection zones and revisions to SAV protection zones.
(f)    A person may not use the following gear in a SAV protection zone:
(1)    A hydraulic clam dredge;
(2)    A traditional bottom dredge; and
(3)    A shinnecock rake.
(g)    This section may not be construed to affect the authority of the Department to adopt any additional measures that the Department determines are necessary to protect submerged aquatic vegetation beds in the waters of the State.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part I - General Provisions Relating to Oysters and Clams › Section 4-1006.2 - Maps and Coordinates of Oyster Sanctuaries, Closed Oyster Reserve Areas, and Areas Closed to Shellfish Harvest

(a)    The Department annually shall publish maps and coordinates of oyster sanctuaries, closed oyster harvest reserve areas, and areas closed to shellfish harvest by the Department of the Environment.
(b)    (1)    The Department shall provide the publications required under this section to each tidal fish licensee who pays the  oyster surcharges required under § 4–701(g) of this title.
(2)    Before a person may catch oysters under a tidal fish license that has an oyster authorization and for which the oyster surcharges have been paid, the person shall certify  to the Department on a form the Department prescribes that the  person received the publications required under this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part I - General Provisions Relating to Oysters and Clams › Section 4-1007 - Designation of Buying Stations for Oysters and Clams; Forms

(a)    The Department may adopt regulations designating oyster and clam buying stations and establishing the procedures for selling oysters and clams.
(b)    The Department shall print up and make available to the buyer of oysters or clams the necessary forms required in regulations adopted under this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1008.1 - Prolonging Season; Handscraping in Calvert and St. Mary's Counties

(a)    The Department may prolong by not more than two weeks the season for catching oysters.
(b)    (1)    On the recommendation of the Calvert County or the St. Mary’s County tongers’ committee, the Department may authorize handscraping of oysters in the waters of Calvert and St. Mary’s counties for 2 weeks, if inclement weather has prevailed during the tonging season.
(2)    The Department shall determine the areas where handscraping of oysters is permitted.
(3)    The Department shall establish regulations for the handscraping of oysters under this subsection. There shall be a catch limit of 10 bushels per person and no more than 30 bushels per boat. A person may not handscrape for oysters after 12:00 noon.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1009 - Catching Oysters on Natural Oyster Bars

(a)    During the closed season for taking oysters, a person may take seed oysters from the natural bars of the State marked by the Department for a period not exceeding one month in any one year, at times designated by the Department. The seed oysters shall be taken only in accordance with rules and regulations the Department prescribes, sold only to lessees of private oyster grounds, delivered only on leased oyster bottoms and subject to the provisions of § 4–1103(c) of this title.
(b)    The Secretary may establish by rule or regulation daily catch limits on the quantities of oysters which may be caught from the waters of the State except leased areas and aquaculture enterprise zones, and may amend the daily catch limits to conserve the public oyster resource. Notice of the establishment or amendment of these catch limits, including all applicable reasons for the Department’s action, shall be given before publication, to the Joint Committee on Administrative, Executive, and Legislative Review and by publication of the notice in at least one newspaper of general circulation in the State, in at least one newspaper of general circulation in each county in which the affected waters are located, and on the website of the Department not less than one week prior to the effective date.
(c)    A person may not land, sell, or attempt to land or sell on any day oysters from the waters of the State exceeding the daily catch limit established by the Secretary by more than 10 percent. However, in emergencies, the Department may authorize unloading up to two daily catch limits in 1 day. A licensed oyster buyer or dealer may sell or attempt to sell oysters which he shows were purchased from another catcher.
(d)    All oysters landed or offered for sale on any day by any person licensed to catch oysters which are in excess of the daily catch limit shall become the property of the State, and payment shall be made directly to the State by the buyer or receiver of the oysters at the same price paid the catcher for the balance of his catch. All funds received under this subsection shall be deposited to the credit of the Fisheries Research and Development Fund and shall be used for repletion of the natural oyster bars of the State.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1009.1 - Designation of Harvest Reserve Area

(a)    The Department may adopt regulations which designate an area as a harvest reserve area for oysters.
(b)    Notwithstanding any other provision of law, by publishing public notice, the Department may establish for a harvest reserve area:
(1)    The opening or closure of an area for the harvesting or conservation of oysters;
(2)    The harvest limit;
(3)    The seasons, days, and times when oysters may be harvested;
(4)    A minimum size limit of not less than 3 inches; and
(5)    A maximum size limit.
(c)    (1)    An action of the Department under subsection (b) of this section may not become effective until:
(i)    A copy of the notice to be published under item (ii) of this paragraph has been delivered to the Joint Committee on Administrative, Executive, and Legislative Review; and
(ii)    48 hours after notice has been published:
1.    In at least one newspaper of general circulation in the State;
2.    In at least one newspaper of general circulation in each county in which the affected waters are located; and
3.    On the website of the Department.
(2)    The notice required under paragraph (1) of this subsection shall state all applicable reasons for the Department’s action.
(d)    The Department shall use the following biological criteria for the opening and closing of a harvest reserve area:
(1)    Growth rates;
(2)    Disease prevalence and intensity;
(3)    Mortality thresholds; and
(4)    Biomass thresholds.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1010 - Possession of Patent Tong Heads in Kent, Queen Anne's, and Wicomico Counties

A person may not have patent tong heads on board a boat when shaft tonging in Queen Anne’s County, Wicomico County, and Kent County waters.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1012 - Areas Where Dredging Prohibited; Prima Facie Evidence of Dredging

(a)    A person may not catch oysters by dredge in the Atlantic Coastal Bays, as defined in § 8–1802 of this article, or in the following areas of the Chesapeake Bay: the area bounded by a line drawn from Lowes Point towards the Bloody Point Lighthouse for a distance of 1.8 miles, and then direct to North Point on Poplar Island; then southerly around the westerly shore of Poplar Island to the southwesterly most point; then running in a straight line to the Department marker on the northern shore of Pawpaw Cove which area shall be reserved for catching of oysters with shaft tongs only; all the area lying within one–fourth mile of the western shore of Poplar Island; all the area within one–half mile of Plum Point; all the area within one and one–half miles of Sandy Point, Hackett Point, Tolly Point, and Thomas  Point within Anne Arundel County waters; and the following oyster bars: 2–9, 2–10, 5–1, 5–2, 5–3A, 5–3B, 8–2, 8–6, and 8–9, as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.
(b)    Any boat sailing over any areas of the State which are exempt from dredging, by this subtitle or by rule or regulation of the Department, with any dredge, scrape, scoop, or similar instrument on board or in tow, may be apprehended by any Natural Resources police officer or any other law enforcement officer. If the boat has on board any wet oysters, dredge, or dredge line, or if the deck is wet and the boat is equipped for catching oysters with dredge or similar instrument, these facts shall be prima facie evidence that the boat has been used to violate the provisions of this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1014.1 - Oyster Sanctuaries in Somerset County

(a)    This section applies only to the waters of the State that lie contiguous to Somerset County in the Chesapeake Bay.
(b)    There is an oyster sanctuary in Monie Bay known as the Webster ground that includes all the waters inshore of a line northeasterly from Long Point to a designated point in Monie Bay at latitude 38 degrees, 12 minutes, 37.8 seconds north, longitude 75 degrees, 51 minutes, 51.0 seconds west, then southwesterly to the eastern entrance to Pigeon House Creek.
(c)    A person may not catch oysters in the oyster sanctuary described in subsection (b) of this section or an oyster sanctuary that was established by regulations adopted by the Department.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1014.2 - Oyster Sanctuaries in Calvert County

(a)    This section applies only to the waters of the State that lie contiguous to Calvert County in the Chesapeake Bay.
(b)    A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1014.3 - Oyster Sanctuaries in St. Mary's County

(a)    This section applies only to the waters of the State that lie contiguous to St. Mary’s County in the Chesapeake Bay.
(b)    A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1014.4 - Oyster Sanctuaries in Dorchester County

(a)    This section applies only to the waters of the State that lie contiguous to Dorchester County in the Chesapeake Bay.
(b)    A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1015 - Oyster Culling

(a)    A person who catches oysters from the waters of the State with any scoop, dredge, tong, rake, or any similar instrument shall cull the oysters on the natural bar from which they were caught, and return to the bar all shells, stones, gravel, and slag. Any oyster whose shell measures less than 3 inches in distance between its longest or widest points, whether or not attached to a marketable oyster, shall be included in the culling and replaced on the bar from which caught. The Department by rule may permit the possession of marketable oysters to which nonmarketable oysters adhere so closely that it is impossible to remove them without destroying the smaller oyster. Oyster culling shall be completed before any oyster is thrown or deposited in the hold or bottom of any boat.
(b)    After culling and placing in the hold or bottom of a boat, a person’s possession of oysters may not include a combined total of more than 5 percent of oysters which measure less than 3 inches from hinge to bill, and cultch consisting of shells, stones, gravel, and slag. In ascertaining this percentage the Department shall select by random sample an amount of oysters from any pile, hold, bin, house, or place as deemed proper and require it to be culled and disposed of, as provided by this section. All small oysters and cultch that adhere to marketable oysters shall be separated, and the marketable oysters shall be excluded from any measurement of small oysters and cultch. However, a person may possess marketable oysters that have undersized oysters or spat less than 1 inch in length from hinge to bill attached to them that cannot be separated without destroying the small oyster.
(c)    A person may not transport or attempt to transport outside the State oysters measuring less than 3 inches in length from hinge to mouth regardless of whether they are caught on the natural bars of the State or from private beds and lots in the State.
(d)    The provisions of this subtitle relating to the inspection and culling of oysters and the imposition of penalties for any violation of the cull law apply to oysters in the shell found anywhere within the State, whether afloat or ashore, and whether said oysters have been caught within the waters of the State or shipped or brought into the State. However, oysters containing more than 5 percent shells or small oysters legally taken from privately owned beds outside the State may be admitted if:
(1)    Inspected by the Department prior to storage in a shucking house; and
(2)    Accompanied by a bill of sale or bill of lading issued by the private planters selling the cargo or an appropriate certificate from the authorities of the state of origin, certifying that the cargo was caught from privately owned oyster beds in the state of origin and that the oysters were caught in full compliance with the laws of that state.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1017 - Oyster License

(a)    Unless a license first is obtained from the Department, a person may not (1) have a fixed place of business buying oysters and employing labor to prepare them for market, or (2) buy more than 25 bushels of oysters per year from persons who catch them from the natural oyster bars of the State.
(b)    The Department may not issue a license required by this section unless the applicant pays all taxes due for the prior year under § 4-1020 of this subtitle.
(c)    A person may possess oysters caught from the natural oyster bars of the State until one week past the close of the season for taking oysters as established in § 4–1008.1 of this subtitle. Oysters may be caught by dredge or handscrape at any time in Worcester County and may be shipped in the shell at any time within or from that county. In counties where oysters may be caught from leased areas at any time pursuant to the provisions of Subtitle 11A of this title, a person may possess oysters at any time.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1018 - Oyster Measures

(a)    The Department may adopt regulations governing the size, type, and use of containers used to measure oysters harvested or sold in the State.
(b)    Due to the quantity of water contained in measures of newly shucked oysters, any proprietor or manager of a plant, house, or establishment shall measure oysters as received from the shuckers in a special gallon cup which contains no more than 9 pints. Any device other than this 9 pint gallon cup may not be used to measure any oysters received from shuckers. A Natural Resources police officer shall stamp every 9 pint gallon measure used in measuring newly shucked oysters. A proprietor or manager of any house, plant, or establishment which shucks oysters shall have every 9 pint gallon measure stamped.
(c)    Every shucked oyster sold in the State shall be sold by the standard United States one–half pint, pint, quart, or gallon liquid measure, or by fractions or multiples of these liquid measures.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1019 - Report of Buyers or Sellers of Oyster Shells Required

Any person buying or selling oyster shells shall report to the Department, at times the Department prescribes by rule or regulation, every purchase or sale of oyster shells, stating the number of bushels purchased or sold, the date of sale, the name and address of the other party to the transaction, and any other information the Department prescribes by rule or regulation.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1019.1 - Annual Grants to Groups That Recycle Oyster Shells -- Amounts -- Recycling Receptacles -- Adoption of Regulations

(a)    The Department shall provide annual grants to nonprofit organizations, community associations, restaurants, and seafood processors and dealers that recycle oyster shells by providing the shell to an authorized shell recycling collector certified by the Department.
(b)    (1)    Grants to nonprofit organizations and community associations shall be provided in the following amounts:
(i)    $100 for the recycling of at least 5 but less than 20 bushels of oyster shells in a year; and
(ii)    $250 for the recycling of at least 20 bushels of oyster shells in a year.
(2)    Grants to restaurants and seafood processors and dealers shall be provided at a rate of $5 per bushel up to a maximum of $2,000 per year.
(c)    The Department shall provide, at no cost, receptacles for the collection of oyster shells to restaurants that agree to recycle at least 25 bushels of oyster shells per year.
(d)    (1)    The Department shall adopt regulations to carry out the provisions of this section.
(2)    The regulations shall establish eligibility criteria and provide for the certification of nonprofit organizations, community associations, restaurants, and seafood processors and dealers to verify the amount of oyster shells recycled by each entity.
(3)    The Department may enter into agreements with nonprofit organizations with expertise in oyster shell recycling to execute the provisions of this section.