2013 Maryland Code
NATURAL RESOURCES
§ 4-1006 - Catching oysters or clams in certain areas prohibited

§4-1006.

(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.

§ 4-1006 - 1. Submerged Aquatic Vegetation protection zones

(a) Definitions. --

(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) Update of zones. --

(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) Exceptions. --

(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) Adjustment of zones. --

(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) Marking; revisions; notice. -- 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) Prohibited gear. -- 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) Construction. -- 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.

§ 4-1006 - 2. Maps and coordinates of oyster sanctuaries, closed oyster reserve areas, and areas closed to shellfish harvest.

(a) Publication. -- 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) Availability of publications; certification of receipt. --

(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(e) 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.