1. A. An individual may not catch hard-shell clams for commercial purposes on Sunday.
2. B. An individual may not possess more than 10 percent of hard-shell clams per container with a transverse dimension of less than 1 inch.

3. C. Times for Harvesting, Landing, and Delivering.

   1. (1) From May 1 through September 30, an individual harvesting hard-shell clams for commercial purposes:

      1. (a) Shall land hard-shell clams not later than 3 p.m. on the same day of harvest; and

      2. (b) Shall deliver hard-shell clams:

         1. (i) To a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and
         2. (ii) Not later than 4 p.m. on the same day of harvest.

   2. (2) From October 1 through April 30, an individual harvesting hard-shell clams for commercial purposes:

      1. (a) Shall land hard-shell clams not later than 1 hour after sunset on the same day of harvest; and

      2. (b) Shall deliver hard-shell clams:

         1. (i) To a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and
         2. (ii) Not later than 9 p.m. on the same day of harvest.
   3. (3) An individual shall notify the Natural Resources Police when there is an emergency which would prevent compliance with the times specified in this section.
4. D. In addition to the requirements of this chapter, a commercial licensee who harvests hard-shell clams shall harvest hard-shell clams in accordance with the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A.

Authority: Natural Resources Article, §§4-215, 4-1021, 4-1023, and 4-1027, Annotated Code of Maryland

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

Regulations .01A and C, .02C and D, .03, and .04B amended effective August 15, 1983 (10:16 Md. R. 1451)

Regulation .02 amended effective July 4, 1983 (10:13 Md. R. 1179)

Regulation .03 amended effective September 14, 1981 (8:18 Md. R. 1477)

Regulation .05 adopted as an emergency provision effective December 19, 1977 (4:27 Md. R. 2094)

Chapter recodified from COMAR 08.02.01 to COMAR 08.02.07 effective April 29, 1991 (18:8 Md. R. 863)

Regulation .02 amended as an emergency provision effective September 15, 2002 (29:22 Md. R. 1714); amended permanently effective February 17, 2003 (30:3 Md. R. 177)

Regulation .02C amended effective June 24, 1991 (18:12 Md. R. 1337)

Regulation .02E amended effective October 19, 2009 (36:21 Md. R. 1590)

Regulation .02F amended effective March 11, 1996 (23:5 Md. R. 378)

Regulation .03 amended as an emergency provision effective June 8, 1993 (20:13 Md. R. 1043); emergency status expired August 31, 1993

Regulation .03 amended as an emergency provision effective May 1, 1994 (21:11 Md. R. 948); emergency status expired June 1, 1994

Regulation .03 amended effective March 11, 1996 (23:5 Md. R. 378)

Regulation .03 amended as an emergency provision effective September 15, 2002 (29:22 Md. R. 1714); amended permanently effective February 17, 2003 (30:3 Md. R. 177)

Chapter revised effective November 30, 2009 (36:24 Md. R. 1857)

Regulation .02 amended effective September 6, 2010 (37:18 Md. R. 1213)

Regulation .03C adopted effective September 6, 2010 (37:18 Md. R. 1213)

Regulation .03C amended effective January 29, 2018 (45:2 Md. R. 68)

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