1. A. Definition.

   1. (1) In this regulation, the following term has the meaning indicated.
   2. (2) Term Defined. “Growing area” means the location, defined by the specific NOAA code for the area in which the harvest occurred.

2. B. Containers. Hard-shell clams harvested for commercial purposes shall:

   1. (1) Be stored prior to leaving the growing area from which they were harvested in a container of any size or dimension; and
   2. (2) Remain in the original container until a tag is no longer required on the container in accordance with §C(3)(d) of this regulation.

3. C. Tagging.

   1. (1) An individual shall complete and affix a Department-issued tag to each container of hard-shell clams prior to leaving the growing area from which they were harvested.

   2. (2) An individual may use a tag not supplied by the Department if:

      1. (a) The individual:

         1. (i) 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) Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; and

      2. (b) Each tag the individual uses contains the statement “Wild Shellfish”, the state in which the harvest occurred, and, in the order specified, the following information:

         1. (i) The harvester’s license number as assigned by the Department;
         2. (ii) The date of harvest, including the year;
         3. (iii) The name of the river, region, or the National Oceanic and Atmospheric Administration code for the area in which the harvest occurred;
         4. (iv) The type and quantity of shellfish; and
         5. (v) The statement “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS” in bold capitalized type.

   3. (3) Tags:

      1. (a) Shall be durable and waterproof;
      2. (b) Shall be at least 5-½ x 2-¾ inches in size;
      3. (c) Shall be completed legibly in indelible ink;
      4. (d) Shall stay affixed to the container until the container is in the possession of 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
      5. (e) May not be reused.
   4. (4) In addition to the tagging requirements of this regulation, 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 shall follow the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01.
   5. (5) An individual shall only possess one type of tag, wild shellfish or farm-raised shellfish, while harvesting hard-shell clams.

   6. (6) An individual may not use a:

      1. (a) Farm-raised shellfish tag to tag wild shellfish; or
      2. (b) Wild shellfish tag to tag farm-raised shellfish.
   7. (7) If a tidal fish licensee obtains tags from the Department, the licensee shall be assessed an annual surcharge for the costs incurred by the Department for the tags.

4. D. Exemptions.

   1. (1) Hard-shell clams harvested recreationally for the person’s own use and consumption are exempt from the requirements of §B of this regulation.
   2. (2) Hard-shell clams harvested from a lease and stored and tagged in accordance with COMAR 08.02.23.04 are exempt from the requirements of §§B and C of this regulation.

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)