Credit: VIMS |
Summary of Potomac
River Regulations
Pertaining to Commercial Oystering
Compiled September 2011 |
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Reg. I, Sec. 2 Commercial License
Registration
Any person desiring to purchase any Potomac River Fisheries Commission
commercial fish, crab, clam, or oyster license or licenses on or after
July 1st each year shall first be registered with the Commission for a
fee of $50.00. This registration fee must be paid in full, in addition
to the published license fees, and prior to any commercial license being
issued. Only one registration fee per person per year (July 1st through
June 30th next) is required.
Reg. I, Sec. 2(f) Oyster License
Surcharge
Any person desiring to purchase any Potomac River Fisheries Commission
oyster license(s) shall first pay an oyster license surcharge as
established from time to time by Commission Order, not to exceed $350.00
per person per year. This oyster license
surcharge fee must be paid in full, in addition to the published oyster
license fees, and prior to any commercial oyster license being issued.
Only one surcharge per person per season is required.
Reg. I, Sec. 2(f)(1) Tonging.
For each natural person working on any boat used in taking or catching
oysters by hand tongs or power assisted hand tongs, a license fee of
$95.00. No oysters shall be taken by patent tongs, power dredging,
and/or sail dredging. No oysters shall be taken or caught except during
the tonging season, which shall be fixed from time to time by Commission
Order. Before engaging in the catching or taking of oysters by hand
tongs, or power assisted hand tongs, each operator of boat(s) or
vessel(s), used in tonging oysters, shall be issued a set of "oyster
tonging" (OT) tags, which shall be firmly attached to both sides of such
boat(s) or vessel(s). The tags shall be positioned on or above the hull
forward, but not on or near the bow, and in such a manner as to be
clearly visible to passing boats. It shall be unlawful to tong oysters
from any boat(s) or vessel(s) not displaying said tags. Tags shall be
issued for a fee of $15.00 per set to the captain or operator of the
vessel.
Reg. I, Sec. 2(f)(2) Power Assisted
Hang Tongs.
For each boat or vessel used in taking or catching oysters rigged to use
power assisted hand tongs, a license fee of $65.00. This fee shall be in
addition to that provided for in sub-section (f)(1) and must be obtained
by the captain or operator of the vessel.
Reg. I, Sec. 2(f)(3) Vessel License –
HS.
For each boat or vessel used in taking or catching oysters with a hand
scrape, a license fee of $190.00. Whenever the hand scrape is aboard the
vessel the said license shall be aboard the boat or vessel and available
for inspection by any authorized enforcement officer of the State of
Maryland or Virginia or agent of the Potomac River Fisheries Commission.
No more than one license may be issued to any one vessel for a hand
scrape and no more than one hand scrape may be on board any vessel so
licensed at any time. Each vessel so licensed shall be issued a set of
"hand scraping" (HS) tags, which shall be firmly attached to both sides
of the vessel described in the license. The tags shall be positioned on
or above the hull forward but not on or near the bow, and in such a
manner as to be clearly visible to passing boats. It shall be unlawful
to hand scrape from any vessel not displaying said tags.
Reg. I, Sec. 2 (f)(4) Personal
License – HS.
For each person aboard a vessel licensed for hand scraping, a license
fee of $155.00.
Reg. I, Sec. 2(g) Oyster Buyer’s
License.
For each person buying or purchasing oysters in excess of 25 bushels a
year on the
Potomac River, a license fee of $125.00. The license issued pursuant
hereto may be used by a duly authorized agent or employee of the
licensee for temporary or emergency purposes, provided said agent or
employee and the license are aboard the boat used in purchasing oysters
and the licensee shall continue to be responsible therefore.
Reg. II, Sec. 1 – Definitions:
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a) Hand Tongs – Any pincers, nippers,
tongs, or similar device used in catching oysters which consist
of two shafts or handles attached to opposable and complementary
pincers, baskets or containers operated entirely by hand from
the surface of the water and which device has no external or
internal power source.
b) Power Assisted Hand Tongs – Any hand tongs opened, closed and
emptied by hand, which can be lifted by mechanical means of a
single rope or cable attached to only a single shaft.
c) Patent Tongs – Any pincers, nippers, tongs or similar device
used to take or catch oysters and raised with rope, cable or
other hoisting gear, the use of which on the Potomac River is
prohibited by the Potomac River Compact of 1958. 2
d) Dredge –Any dredge, scoop or similar device used in taking or
catching shellfish by dragging, which is hauled and operable by
the use of a winch, winder, spool or other hoisting gear.
e) Hand Scrape – Any device or instrument with a catching bar
having an inside measurement of no more than 22 inches, which is
used or usable for the purpose of extracting or removing
shellfish from the water bottom or the bed of a body of water,
which device has no external or internal power source and may be
attached to a winch, winder, spool or other hoisting gear.
f) Tong Boat – Any boat on which, or from which tongs are used
in taking or catching oysters.
g) Buy Boat – Any boat engaged or used in buying, selling or
transporting oysters caught or taken by other boats on the
Potomac River.
i) Commission – Potomac River Fisheries Commission.
j) Potomac River – All those waters commonly known as the
Potomac River lying within the limits of the State of Maryland
as defined and delineated by the Potomac River Compact of 1958.
k) Oyster Sanctuary – A designated area that is closed to all
commercial and recreational oyster harvest by any means at any
time.
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Reg. II, Sec. 2(a)(1) Devices for
Taking or Catching Oysters.
It shall only be lawful to take, catch or remove oysters commercially
from the waters of the Potomac River by means of hand tongs, power
assisted hand tongs, or a hand scrape, as defined in these regulations,
and by no other means. On Heron Island Oyster Bar, only hand tongs and
power assisted hand tongs 18 feet or less in length may be used or
possessed aboard any boat or vessel engaged in any oystering activity. A
hand tongs length shall be measured along the shaft from the end to the
tip of the teeth.
Reg. II, Sec. 2(a)(3) Equipment
Prohibited aboard Hand Scrape Vessel.
No hand tongs or power assisted hand tongs may be used or possessed
aboard any hand scrape licensed vessel at the same time as said hand
scrape, nor may any dredge or hand
scrape be used or possessed aboard any hand tong or power assisted hand
tong licensed vessel at the same time as said hand tongs or power
assisted hand tongs.
Reg. II, Sec. 2(a)(4) Closed Areas.
The following area(s) shall be closed for the purpose of taking or
catching, or attempting to take or catch oysters by means of a hand
scrape at any time:
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All areas lying upstream from
a straight line between a point (38°16.02’ North Latitude,
76°52.00’ West Longitude) at Neal Sound Entrance Light #2 in
Charles County, Maryland and a point (38°11.52’ North
Latitude, 76°54.20’ West Longitude) at the mouth of Popes
Creek in Westmoreland County, Virginia and,
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Heron Island Oyster Bar, bound on
the north by the PRFC/DNR jurisdictional line, as marked by
markers PRM3A”, “M3B”, “M3C”, “M3D” and “M3E”; on the west
by Dukeharts Channel, as marked by the navigational aids “G
C1”, “FL G3” and “G C5”; on the south by the Potomac main
channel, as marked by navigational aids “R N 14” and “R N
12”; and, on the east by Breton Bay channel as marked by
navigational aid (“R G N’Hi’’’ and Marker “PRM3E” and,
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Being all that portion of the Potomac River commonly known
as Jones Shore and enclosed within the following described
boundaries; “Beginning at the Potomac River Fisheries
Commission marker ‘PRM1B’ (38°06.13” North Latitude
76°24.57’ West Longitude) at Kitts Point, St. Mary’s County,
Maryland: thence southeasterly to a point (38°05.35.5” North
Latitude, 76°24.17.8” West Longitude) at the SMTIH CREEK
APPROACH LIGHT NO.2 (LL3330) at the mouth of Smith Creek;
thence southwesterly to a point (38°04.31.5” North Latitude,
76°.26.04.2” West Longitude) at ST. MARY’S RIVER JUNCTION
LIGHTED BUOY (LL3334) at the mouth of St. Mary’s River;
thence southeasterly to a point (38°02.19.5” North Latitude,
76°21.18.2” West Longitude) which is the intersection of the
established fish trap area as delineated on NOAA chart
#12233 and a line extending due south of the mouth of Hall
Pond at Cornfield Point; thence in a straight line due north
to the jurisdictional line of the Commission; thence
northwesterly following the jurisdictional boundary of the
Commission to marker ‘PRM1B’ the point of beginning.
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The aforegoing delineation of closed area(s) shall not be construed to
limit or proscribe the Commission’s authority to open or close areas
pursuant to these Regulations.
Reg. II, Sec. 2(b) Season Dates, Days
and Times for Taking or Landing Oysters.
The Commission may from time to time and by appropriate Order, specify the
oyster season dates, days and times during which oysters may be taken or
caught and the
manner of such taking or catching. It shall be unlawful to take any
oysters in violation of such Order. It shall be unlawful for any person
to take or attempt to take or catch oysters on Saturday or Sunday. It
shall be unlawful to land or unload oysters earlier than sunrise or
later than sunset, or for any buy boat to unload oysters earlier than
sunrise or later than sunset at any time.
Reg. II, Sec. 2(c) Interference with
Buoys and Markers.
It shall be unlawful for any person other than a duly authorized
enforcement officer, or agent of the Potomac River Fisheries Commission
to move, damage, destroy or deface any Potomac River Fisheries
Commission buoy, marker, monument or any scientific devices placed in
the waters of the Potomac River, or to fasten, tie or anchor any boat
thereto.
Reg. II, Sec. 2(d) Seafood in
Polluted Areas.
It shall be unlawful for any person to take or catch shellfish in any
area closed by the Maryland Department of the Environment or other duly
authorized governmental agency, except that oysters and other seafood
may be transplanted from such polluted areas during the closed season by
the Potomac River Fisheries Commission.
Reg. II, Sec. 2(e) Unlawful
Equipment.
It shall be unlawful for the owner, captain, master, or any member of
the crew of any
boat engaged in taking, catching or removing oysters from the Potomac
River, or any boat with oysters on board, to have on board such boat, or
in tow, or to permit on board or in tow, any dredge or patent tongs,
unless said person has a written permit from the Potomac River Fisheries
Commission.
Oyster Cull Law
Reg. II, Sec. 2(f)(1) Sizes.
It shall be unlawful for any person to take, catch, sell, offer to buy or
expose for sale or have in possession oysters which consist of five
percent (5%) or more by volume of oyster shells and oysters whose shells
measure less than three (3) inches.
Reg. II, Sec. 2(f)(2) Culling
Required.
All oysters taken from the Potomac River shall be culled at the point
where taken by
the person or persons taking, catching or removing said oysters. All
culling shall be completed and the cull board cleared within fifteen
(15) minutes after the lawful time for taking or catching oysters. All
oysters required by subsection f (1) to be culled exclusive of cultch,
whether attached to an otherwise lawful oyster or not, shall be culled
and returned, together with all empty shells, to the rock, bed or shoal
whence taken. Whenever any oyster required by subsection f(1) to be
culled adheres so closely to an otherwise lawful oyster as to render
removal impossible without destroying the unlawful oyster, then such
oysters, including the lawful oysters, shall be returned to the rock,
bed or shoal whence taken.
Reg. II, Sec. 2(f)(3) Possession.
All shells and oysters, once past the culling board, shall be deemed in
possession of the
licensee.
Reg. II, Sec. 2(f)(4) Inspection.
Any duly authorized officer is hereby authorized to examine the cargo,
hold bin, cabin or lot of oysters and the officer shall take for
inspection at least one-half bushel tub of oysters from any portion of
the cargo, provided that said entire one-half bushel tub examined shall
be taken at one place in the pile of oysters. Included herein is the
right to
take for inspection any tub of oyster shoveled during unloading process.
Reg. II, Sec. 2(g) Concealment of
Oysters.
It shall be unlawful for any person to conceal any oysters in the shell
in a cabin,
compartment, locker, cupboard, washboard, or other place on any vessel
in the Potomac River where they are not clearly visible and readily
accessible for inspection at all times by duly authorized officers of
the Potomac River Fisheries Commission. All oysters in the shell found
on any vessel in the Potomac River shall at all times be in bulk
quantity in a pile or piles on the culling board, or in plain view in
the bottom of any vessel, and at no time shall they be placed or
deposited on the washboards, or in any basket, box, sack, bag, or other
container, except when actually unloading. No shucked oysters shall be
permitted aboard any vessel in the Potomac River licensed under the
provisions of these Regulations during the oyster tonging season.
Reg. II, Sec. 2(h) Unculled Oysters
Unlawful.
It shall be unlawful for any person on the Potomac River to offer for
sale or have in his possession oysters, which have not been culled as
required by this Regulation.
Reg. II, Sec. 3(a) Measures Used for
Oysters in Shell and Oyster Shells.
All oysters in the shell and all oyster shells sold in the Potomac River
shall be measured either in a half-bushel tub, a bushel tub, or a US
Standard Bushel Basket and no other
measures shall be used for measuring either oysters in the shell or
oyster shells. A US Standard Bushel Basket shall be defined as a “Dry
Volume US Bushel” containing 2,150.42 cubic inches. A half bushel tub
and a bushel tub shall be an iron circular tub
with straight sides and a straight solid bottom with holes in the bottom
for draining; such holes to be no larger than one inch in
diameter; and all measurements to be taken from inside to inside, and
the dimensions shall be as follows:
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Half Bushel
Tub – Fifteen inches across the top, thirteen across the
bottom, and seventeen inches diagonally from the inside chine to
the top.
Bushel Tub – Eighteen inches
across the top, sixteen and one-half inches across the bottom,
and twenty one inches
diagonally from the inside chine to the top.
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All oysters measured in the shell as herein required, shall be even
measure to the top of the tub or basket only.
Reg. II, Sec. 4(a) Oyster
Sanctuaries.
The hereinafter listed areas of the Potomac River are declared to be
oyster sanctuaries and thereby closed for the purpose of taking or
catching or attempting to take or catch oysters by any means at any
time. These areas are:
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1. All natural oyster bars in the
Potomac River, which are west and south of Upper Cedar Point
Light #8, which includes the charted natural oyster bars of
Metomkin Point (80 acres), Stuart Point (106 acres) and Chotank
Lumps (207 acres); and,
2. The natural oyster bar Bluff Point Lumps (310 acres), which
is an area north and east of the main ships channel, west of 76°
56.800' West Longitude, and south of 38° 17.600' North Latitude;
and,
3. All areas which cannot be harvested with 18 foot hand shaft
tongs on the natural oyster bar Heron Island. Heron Island is
that area which is south of the PRFC/DNR jurisdictional line,
east of Dukeharts channel, west of Breton Bay channel and north
of the Potomac River main channel.
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Reg. II, Sec. 4(b) Taking or Catching
of Oysters in Closed Areas.
It shall be unlawful to take oyster from any area which has been closed
by any action, rule or regulation of the Potomac River Fisheries
Commission.
Reg. II, Sec. 5(a) Reports Due
Weekly.
Every person licensed by the Commission and engaged in the business of
taking or
catching crabs or finfish; every licensed charter boat captain; every
captain or operator of a boat licensed with "OT" or "HS" tags and every
soft shell clam dredge licensee, shall keep an accurate and complete
daily account of his or his boat's catches and dealings on forms to be
supplied or furnished by the Commission. Such daily records of the
catches and dealings shall be delivered to, or mailed in time to arrive
at, the Commission Office no later than Thursday of the following week.
Reg. IV, Sec. 1(a) Tax Imposed.
The Potomac River Fisheries Commission hereby imposes an inspection tax
of $1.00 per
bushel on all oysters caught within the limits of the Potomac River
within the jurisdiction of the Commission. The tax shall be paid by the
buyer at the place in Maryland or Virginia where the oysters are
unloaded from vessels and are to be shipped no further in bulk in
vessel. The tax shall be paid to an agent of the Potomac River Fisheries
Commission or to such officer of employee of the Virginia Marine
Resources Commission, or of the Maryland Department of Natural
Resources, as may be designated by the Potomac River Fisheries
Commission, and by him paid over to the Potomac River Fisheries
Commission.
Any officer or employee of the Virginia Marine Resources Commission, or
of the Maryland Department of Natural Resources, or agent of the Potomac
River Fisheries Commission shall have the right to board any licensed
oyster boat or buy boat or vessel
on the Potomac River within the jurisdiction of the Potomac River
Fisheries Commission, and examine any records, and count the bushels or
oysters thereon taken from the Potomac River, and may issue a tax bill
or statement therefore, to be presented to
the buyer at the place in Maryland or Virginia where said oysters, are
unloaded from said boat or vessel and are to be shipped no further in
bulk in vessel, and where the tax thereon must be paid.
Reg. IV, Sec. 1(b) Records Required
to be Kept.
All persons buying, taking or dealing in Potomac River oysters, or
harvesters, marketing or planting their own or another’s oysters, shall
keep an accurate and complete daily account of their purchases, dealing,
marketing or planting, and submit their account weekly, with the tax
payment due thereon, to the Potomac River Fisheries Commission not later
than Thursday of the week following, on forms to be furnished by the
Potomac River Fisheries Commission.
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