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§ 4-1033. Rules and regulations

West's Annotated Code of MarylandNatural ResourcesEffective: March 27, 2019

West's Annotated Code of Maryland
Natural Resources
Title 4. Fish and Fisheries (Refs & Annos)
Subtitle 10. Oysters and Clams (Refs & Annos)
Part IV. Soft-Shell Clams
Effective: March 27, 2019
MD Code, Natural Resources, § 4-1033
§ 4-1033. Rules and regulations
Currentness
Tidal fish licenses
(a) The Department shall adopt rules and regulations ensuring that a tidal fish license authorizes a person to use only one hydraulic clam dredge. The Department also shall adopt rules and regulations requiring all licensees operating a hydraulic clam dredge owned by another person, or subject to a lien held by another person to have the license in possession when engaged in licensed activities and to affix the license identification number permanently to the vessel as required in § 4-701(i) of this title.
Licensing of persons buying, selling, shipping, or transporting soft-shell clams
(b)(1) The Department shall adopt rules and regulations governing licensing of persons buying, selling, shipping, transporting, or otherwise dealing in soft-shell clams, and the methods by which they may do so. However, a license may not be required to sell or dispose of clams in any retail market, restaurant, or other establishment where clams are sold or served for immediate use or consumption, when the clams are purchased from a person possessing a dealer's or shipper's license.
(2) The Department shall require any person licensed to dredge for soft-shell clams or licensed pursuant to the provisions of this subsection to maintain and submit records to the Department.
Hydraulic clam dredges, bushel limits, minimum clam sizes
(c) The Department may promulgate rules and regulations relating to any aspect of the soft-shell clam fishery and shall adopt rules and regulations governing:
(1) Measurement and structural details of a hydraulic clam dredge;
(2) The number of hydraulic clam dredges which may be carried on a vessel;
(3) The use of mufflers on motors or engines on hydraulic clam dredges or on board boats carrying hydraulic clam dredges;
(4) The establishment of limits on the number of bushels which may be caught by a hydraulic clam dredge, or by a boat carrying a hydraulic clam dredge;
(5) The minimum size of soft-shell clams;
(6) The times and dates for taking, landing, and unloading soft-shell clams; and
(7) Protection of soft-shell clams from contamination, or from deterioration as a result of excessive heat.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1, eff. Jan. 1, 1974. Amended by Acts 1976, c. 183, § 1; Acts 1983, c. 579; Acts 1986, c. 714; Acts 1987, c. 275; Acts 1989, c. 5, § 1; Acts 1992, c. 221; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2012, c. 435, § 4, eff. July 1, 2012; Acts 2019, c. 8, § 1, eff. March 27, 2019.
Formerly Art. 66C, § 713.
MD Code, Natural Resources, § 4-1033, MD NAT RES § 4-1033
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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