1. A. General Requirements from April 15 — October 31.

   1. (1) From April 15 through October 31, an individual who harvests soft-shell clams of the species Mya arenaria shall immediately place the harvested soft-shell clams into either an operating mechanical refrigeration unit or an insulated storage unit cooled with ice or ice packs.
   2. (2) The internal temperature of soft-shell clams harvested shall be maintained at 60°F or lower while on board a vessel and while in transport over land.
   3. (3) The internal temperature of soft-shell clams shall be maintained at 60°F or lower until delivered to a shipper certified by the Maryland Department of Health.
   4. (4) A portion of a daily catch of soft-shell clams may be confiscated by authorized officers of the Department of Natural Resources or the Maryland Department of Health, if the internal temperature of samples taken at a checking station is greater than 60°F in more than one container or basket as defined in Regulation .04 of this chapter.

   5. (5) Containers on board a vessel used to ice, water cool, air cool, or otherwise refrigerate soft-shell clams shall be constructed of impervious material such as stainless steel, galvanized metal, nonporous metals, fiberglass, sealed marine plywood, or other approved materials sufficiently durable to withstand daily cleaning or disinfection. Interior surfaces of containers may not be constructed of potentially toxic materials such as wood treated with preservatives or lead. The containers shall be:

      1. (a) Insulated in the walls, top, ceiling, floor, and lid with a minimum of 2 inches of high density styrofoam, high density urethane, or equivalent necessary to maintain temperatures of clams at 60°F or less;
      2. (b) Equipped with a bottom drain not less than 1/2 inch in diameter for units that hold 2 bushels of soft-shell clams or less, or not less than 1-1/2 inches for units that hold more than 2 bushels of soft-shell clams;
      3. (c) Sealed to prevent loss of cold air, and if the interior joints are not continuous molds, the joints of the unit shall be sealed with a smooth bead of silicone sealer or other equally impervious material;
      4. (d) Cleaned or disinfected daily with a disinfectant solution of 100 parts per million of chlorine or equivalent (2 tablespoons or 1 ounce per gallon of water);
      5. (e) Installed or located on the decking or flooring of the vessel. The container may extend below the decking if there is no potential direct connection between the bilge and the inside of the container. Drains emptying directly overboard shall be installed in such a manner as to preclude contaminated water from contacting the soft-shell clams.
   6. (6) Soft-shell clams of the species Mya arenaria transported by a vehicle shall be placed in an insulated storage unit, cooled mechanically or with ice or ice packs, and maintained at 60°F or lower while in transport.

2. B. Approved Methods for Refrigeration of Soft-Shell Clams (Mya Arenaria).

   1. (1) The methods described in this section may be employed to cool and maintain the internal temperature of soft-shell clams at or below 60°F.

   2. (2) Cold water refrigeration which submerges soft-shell clams or uses a trickle or spray unit which does not recirculate chilled water may be employed. A trickle or spray unit shall have:

      1. (a) An intake for the water located on the opposite side of the hydraulic dredge and not less than 4 feet from any bilge pump discharge or other overboard discharges; and
      2. (b) Water intakes with a shutoff valve conveniently located so that contaminated water sources can be immediately shut off to avoid contact with clams.

   3. (3) Cold water refrigeration which submerges soft-shell clams or uses a trickle or spray unit which recirculates chilled water may be employed. Reservoir tanks in the unit shall be:

      1. (a) Constructed of noncorrosive material approved for potable water use;
      2. (b) Disinfected daily with a solution of 100 parts per million chlorine or equivalent (2 tablespoons or 1 ounce per gallon of water);
      3. (c) Drained, rinsed, and refilled frequently to prevent bacteria growth;
      4. (d) Filled with water meeting or exceeding the criteria for approved growing waters.
   4. (4) Chilled air refrigeration may be employed if the clam storage units meet the specifications and criteria for construction and insulation in §A(5) of this regulation.

   5. (5) Ice, when used to refrigerate clams, shall be:

      1. (a) Made or obtained from a potable source in compliance with with the requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A;
      2. (b) Layered in approved containers, 2 inches of ice on top of the containers and 2 inches of ice in the middle of the container; and
      3. (c) Stored in a manner that protects it from contamination.
3. C. A person may not expose soft-shell clams of the species Mya arenaria to deterioration from excessive heat from the sun or the motors of the vessel.

Authority: Natural Resources Article, §§4-215, 4-1001, 4-1004, 4-1007, 4-1027, 4-1033, 4-1036, 4-1037, and 4-1039, Annotated Code of Maryland

Effective date: July 23, 1975 (2:16 Md. R. 1138)

Regulation .01A amended effective August 15, 1983 (10:16 Md. R. 1450); October 19, 1987 (14:21 Md. R. 2222); June 24, 1991 (18:12 Md. R. 1337); November 9, 1992 (19:22 Md. R. 1987)

Regulation .01A amended as an emergency provision effective June 14, 1987 (14:14 Md. R. 1563); emergency status expired October 12, 1987

Regulation .02 amended effective December 21, 1981 (8:25 Md. R. 1994); August 15, 1983 (10:16 Md. R. 1450)

Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 747)

Regulation .04 amended effective June 30, 1978 (5:13 Md. R. 1042)

Regulation .04 amended as an emergency provision effective June 14, 1987 (14:14 Md. R. 1563); emergency status expired October 12, 1987

Regulation .04 amended effective October 19, 1987 (14:21 Md. R. 2222); June 12, 1989 (16:11 Md. R. 1218); November 9, 1992 (19:22 Md. R. 1987)

Regulation .04C amended effective April 7, 2008 (35:7 Md. R. 747)

Regulation .04D amended as an emergency provision effective December 8, 1993 (20:26 Md. R. 2023); amended permanently effective March 28, 1994 (21:6 Md. R. 466)

Regulation .05 amended as an emergency provision effective June 3, 1976 (3:13 Md. R. 719); amended permanently effective August 18, 1976 (3:17 Md. R. 914)

Regulation .05 amended as an emergency provision effective September 1, 1983 (10:19 Md. R. 1683); emergency status expired October 31, 1983

Regulation .05 amended effective November 18, 1996 (23:23 Md. R. 1555)

Regulation .06 amended effective February 14, 2005 (32:3 Md. R. 289)

Regulation .06B, C amended as an emergency provision effective May 18, 1978 (5:11 Md. R. 878); adopted permanently effective December 1, 1978 (5:24 Md. R. 1796)

Regulations .06B, C and .07 amended, and .10 and .11 adopted as an emergency provision effective June 1, 1989 (16:11 Md. R. 1216)

Regulation .06B, C amended effective May 28, 1990 (17:10 Md. R. 1218); April 15, 1991 (18:7 Md. R. 771); April 7, 2008 (35:7 Md. R. 747)

Regulation .06C amended as an emergency provision effective September 7, 1994 (21:20 Md. R. 1729); emergency status expired October 1, 1994

Regulation .07 amended effective May 28, 1990 (17:10 Md. R. 1218); April 7, 2008 (35:7 Md. R. 747)

Regulation .07B, C amended effective April 15, 1991 (18:7 Md. R. 771); November 9, 1992 (19:22 Md. R. 1987)

Regulation .07C, D adopted as an emergency provision effective May 18, 1978 (5:11 Md. R. 878); adopted permanently effective December 1, 1978 (5:24 Md. R. 1796)

Regulation .08 amended effective August 15, 1983 (10:16 Md. R. 1450)

Regulation .08B, C amended effective April 7, 2008 (35:7 Md. R. 747)

Regulation .09 adopted effective September 21, 1986 (13:19 Md. R. 2119)

Regulation .09 amended as an emergency provision effective September 10, 2004 (31:20 Md. R. 1482); adopted permanently effective October 11, 2004 (31:20 Md. R. 1484)

Regulation .09C amended effective April 7, 2008 (35:7 Md. R. 747); October 19, 2009 (36:21 Md. R. 1590)

Regulation .09F amended effective April 7, 2008 (35:7 Md. R. 747)

Regulation .10 adopted effective May 28, 1990 (17:10 Md. R. 1218)

Regulation .10 amended effective April 7, 2008 (35:7 Md. R. 747)

Regulation .10A amended effective April 15, 1991 (18:7 Md. R. 771); November 9, 1992 (19:22 Md. R. 1987)

Regulation .11 adopted effective May 28, 1990 (17:10 Md. R. 1218)

Regulation .11 repealed effective April 7, 2008 (35:7 Md. R. 747)

Regulation .11A and B amended effective April 15, 1991 (18:7 Md. R. 771); November 9, 1992 (19:22 Md. R. 1987)

Regulation .12 adopted effective April 13, 1992 (19:7 Md. R. 744)

Regulation .12 amended effective August 16, 1993 (20:16 Md. R. 1276); September 6, 2010 (37:18 Md. R. 1213)

Regulation .12B, C amended effective January 29, 2018 (45:2 Md. R. 68)

Chapter revised effective November 13, 2023 (50:22Md. R. 973)