Maryland Natural Resources Section 4-1005

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (a)      Subject to regulations adopted by the Department 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, and handscrapes. 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 lessee of a leased oyster bottom may catch oyster spat in the waters of the State by methods in accordance with regulations promulgated under this section including means such as cultch material on strings, trays, bags, or similar devices, which do not interfere with navigation.

      (d)      The Department shall adopt regulations to implement this section that allow a lessee of a leased oyster bottom to use the following methods, in areas designated by the Department, but not on a natural oyster bar, to catch spat for use on the leased oyster bottom:

            (1)      Suspended devices; and

            (2)      Material or devices placed on the bottom.

// SPECIAL NOTE: THE ABOVE SECTION WAS CHANGED BY CHAPTER 513 OF 2001 AND WILL REMAIN IN EFFECT UNTIL JUNE 30, 2006 //

      (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.