|
Reg. I, Sec. 2(t)
Clam Dredge License Fee. The
fee for each soft shell clam dredge license shall be $250.00. The
application for such license shall include a statement as to the name or
number of the boat to be used, its dimensions, and that the applicant
will be the captain, master and/or operator thereof.
Reg. V, Sec. 1(a) Display of Tag
Number. Before engaging in the catching or taking of
soft shell clams by hydraulic or mechanical dredge, each licensee shall
firmly attach his Potomac River Fisheries Commission tags to both sides
of the vessel described in the license. The tags shall be positioned
above the hull forward, but not on or near the bow, and in such a manner
as to be clearly visible to passing boats.
Reg. V, Sec. 1(b) Transfer of Dredge.
It shall be unlawful for the owner of any licensed hydraulic or
mechanical dredge to transfer such dredge to another vessel unless such
other vessel be of his ownership, and unless the licensee shall make
application as prescribed for original license, which application shall
include a statement as to the name or number and description of the boat
to which the dredge is to be transferred. Such application shall be
forwarded to the Potomac River Fisheries Commission, together with the
license originally issued and a fee of five ($5) dollars. The Potomac
River Fisheries Commission may cancel the original license and in lieu
thereof issue to the licensee a new license on which shall be described
the vessel to which the dredge is to be transferred. All provisions of
these regulations applicable to the vessel described on the original
license shall apply to that set forth on the new license.
Reg. V, Sec. 2(a) Specification of
Dredge and Equipment. Each said hydraulic or mechanical
soft shell clam dredge shall be equipped with not more than one conveyor
or elevator having one blade and one water manifold, the width between
the exterior jets attached thereof not exceeding thirty-six (36) inches.
The water jet pipes at each end of the manifold shall be set parallel to
the median vertical longitudinal plane of the dredge, or inward toward
the center thereof.
Reg. V, Sec. 2(b) Muffler Required.
Each motor and engine used in the operation of any hydraulic or
mechanical dredge or of the vessel on which such dredge is affixed,
installed, or mounted, shall be provided with an adequate muffler.
Reg. V, Sec. 2(c) Refrigeration
Required. From April 1 through September 30, inclusive,
each vessel licensed to take or catch soft shell clams by hydraulic or
mechanical dredge and used to take or catch soft shell clams of the
species Mya arenaria or any such vessel with said species of clams on
board shall be equipped with a storage unit or units capable of reducing
the internal temperature of such clams to 60o F within two (2) hours of
being placed in said unit, and capable of maintaining those clams at or
below 60o F while said clams are aboard the vessel. Said storage unit or
units shall be clearly labeled in letters not less than two (2) inches
in height and contrasting color with the words "CLAM STORAGE UNIT". Any
duly authorized law enforcement officer or agent of the Commission shall
have the right to open and inspect the contents of the clam storage
unit.
Reg. V, Sec. 2(d) Specifications of
Containers. When used within Regulation V the following
specifications of containers shall apply:
-
bushel basket -
A US standard bushel basket which may be over filled to a height of
6 inches without any additional devices or assistance.
-
clam container - A rectangular box with
inside measurements of no more than twenty (20) inches long, twelve
and one-half (12 1/2) inches wide and eleven and one-quarter (11
1/4) inches deep and shall be an even measure to the top of the box
only.
Reg. V, Sec. 2(e) Exemption of Specifications. Any vessel licensed to
take or catch soft shell clams by hydraulic or mechanical dredge and
used to take or catch soft shell clams of the genus Tagelus, commonly
known as razor clams, shall be exempt from the refrigeration
requirements of this section, provided however, that no more than 10% by
volume of each bushel or container of razor clams are Mya arenaria.
Reg. V, Sec. 2(f) Failure to Comply With Specifications. Any vessel
licensed to take or catch soft shell clams by hydraulic or mechanical
dredge and failing to meet the specifications as to the dredge and
equipment contained in sub-sections (a), (b), or (d) of this section,
shall have its license suspended until such time as the dredge or
equipment has been inspected by an authorized agent of the Commission
and determined to be in compliance. Any said vessel failing to meet the
specifications in sub-section (c) of this section shall be subject to
the General Penalty Provision (Regulation I, Section 6) and have its
license suspended for a minimum of 10 days or until such time as the
equipment has been inspected by an authorized agent of the Commission
and determined to be in compliance, whichever is greater. During such
period of suspension the license and tags shall be returned to the
Commission office.
Reg. V, Sec. 3(a) Minimum Size of Soft Shell Clams. It shall be unlawful
for any person to take, catch, or have in his possession soft shell
clams (Mya arenaria) measuring less than two (2) inches along the
longest dimension across the shell, and any clams measuring less than
two (2) inches so measured shall be returned forthwith to the bed or bar
from which they were taken; provided, however, that any person licensed
to dredge, deal in, or export soft shell clams may have in his or their
possession not in excess of five per cent (5%) per U.S. standard bushel,
by volume, of such clams less than (2) inches in size as aforesaid.
Reg. V, Sec. 3(b) Culling Required. It shall be unlawful for any person
on the Potomac River to offer for sale or have in his possession soft
shell clams which have not been culled as required by the Regulations of
the Potomac River Fisheries Commission.
Reg. V, Sec. 3(c) Storage of Clams.
Once taken, all clams shall be
placed in a bushel basket or clam container as herein defined. From
April 1 through September 30, all Mya arenaria shall be placed within
the clam storage unit(s) as soon as they are taken. The clam storage
unit(s) may be used at such other times as the licensee deems
appropriate. It shall be unlawful for any person to conceal or store any
soft shell clams in a cabin, compartment, locker, cupboard or other
place which is not labeled as the clam storage unit(s) on any vessel or
rig in the Potomac River. All soft shell clams found on any licensed
vessel or rig in the Potomac River shall at all times be in plain view
in their bushel baskets or clam containers or in the clam storage
unit(s) and readily accessible for inspection by any duly authorized
officer of Maryland or Virginia or agents of the Potomac River Fisheries
Commission.
Reg. V, Sec. 3(d) Oysters Prohibited. It shall be unlawful for any
licensee or operator of a clamming dredge or rig to have any oysters on
board.
Reg. V, Sec. 4(a) Catch Limit. It shall be unlawful for any person
licensed hereunder to take or catch soft shell clams with any hydraulic
or mechanical dredge or rig in the waters of the Potomac River or have
in possession aboard a vessel in excess of the following daily limits
per species:
(1) Mya
arenaria or soft shell clams: between October 1 and May 14, 8
bushel baskets or clam containers between May 15 and September 30,
15 bushel baskets or clam containers; and
(2) Tagelus or
razor clams: no daily limit imposed
It shall be unlawful for any hydraulic or mechanical dredge or rig
licensed for the taking or catching of soft shell clams to be employed
for the taking or catching of more than the limit(s) established herein.
Reg. V, Sec. 5(a) Prohibited Areas. It shall be unlawful to take or
catch or attempt to take or catch any species of soft shell clams with
any hydraulic or mechanical dredge within the following areas:
(1) Within 100 yards of any commercially
productive oyster tonging or hand scraping area as may now exist, or
as may be defined on the charts of the Department of Natural
Resources, or as may be established by survey of the Commission, or
any area on which the Commission has planted oysters or shell; or
(2) Within any area prohibited or closed by
Commission Rule or Order, and marked with buoys or other markers by
the Commission; or
(3) Within 50 feet of any fish nets, wharf
or pier, constructed or erected in, out in, over or under any of the
waters of the Potomac River; or
(4) Within 1,000 feet of any public bathing
beach on the Potomac River during the months of May, June, July,
August and September of any year; or
(5) Within 150 feet of the mean low water
marker of any Potomac River shore line; or
(6) Within 500 yards of any occupied duck
blind where decoys are set out, during the legal duck hunting
season.
Reg. V, Sec. 5(b) Prohibited Times. It shall be unlawful to take or
catch or attempt to take or catch any species of soft shell clams with
any hydraulic or mechanical dredge or to operate any hydraulic or
mechanical dredge during the following periods:
(1) on any Sunday, or
(2) Between 2:00 p.m. and 1/2 hour before sunrise on any other
day.
Reg. I, Sec. 8(a)
Commission’s Authority To Open and Close Areas. The
Commission may, by appropriate order, whenever it deems necessary, open
or close the entire River, or any parts thereof, to the taking, catching
or removing of oysters, clams, crabs or finfish; either for certain
periods of time or days of the week, or as to the limits, the methods or
means of taking same, or any combination of such actions. In making its
determination, the Commission shall consider the protection, promotion,
growth and conservation of the seafood resources; including seed beds,
shells and other culch, spawning and nursery areas and seasons, and the
repletion and rehabilitation of the resources and their associated
fisheries.
Reg. V, Sec. 6(d) Unlawful to Take or Catch Soft Shell Clams in Closed
or Prohibited Areas. It shall be unlawful to take or catch, or attempt
to take or catch any species of soft shell clams with any hydraulic or
mechanical dredge, upon, or within, any area which has been closed by
any rule, regulation or order of the Commission. A clamming dredge or
rig within or crossing any area closed or prohibited by any rule,
regulation or order of the Commission shall have the dredge's conveyor
raised above the surface of the water. Upon the conviction of any
licensee under this subsection the Commission shall hold a hearing to
determine the length of the license suspension which will be imposed in
addition to any other penalty imposed by the court.
Reg. V, Sec. 7(a) Officer Authorized. Any officer duly authorized to
enforce the regulations of the Potomac River Fisheries Commission or the
laws relating to the Potomac River is hereby authorized to examine the
boat, dredge, rig, cargo, hold, bin, cabin, or lot of soft shell clams
in order to enforce the Regulations of the Commission or the laws
relating to the Potomac River.
Reg. V, Sec. 7(b) Clam Storage Unit Open for Inspection. The captain,
master or operator of any vessel equipped with a clam storage unit or
units or any vessel licensed to take or catch soft shell clams with a
hydraulic or mechanical dredge shall allow any officer duly authorized
to enforce the regulations of the Potomac River Fisheries Commission
access to the contents of the clam storage unit or units in order to
enforce the regulations of the Commission or the laws relating to the
Potomac River.
Order 2003-12
CLOSED AREAS TO SOFT SHELL CLAMMING
THE POTOMAC RIVER FISHERIES COMMISSION, having found it necessary for
the preservation of the seafood resources and pursuant to its authority
under Regulation I, Sections 8(a) and 7(a)(1):
HEREBY DECLARES AND ORDERS: the following described areas are closed to
all soft shell clam harvest by any means at any time:
Closed Area – Upstream Limit
All waters of the Potomac River lying upstream of a line drawn from the
U.S. Coast Guard Neale Sound entrance light number ”2” (Potomac River
entrance to Neale Sound, MD) and the mouth of Popes Creek, VA.
Closed Area “A”
Eastern boundary – is the jurisdictional line of the Potomac River
Fisheries Commission (PRFC) and the Maryland Department of Natural
Resources (DNR), which is identified by sighting jurisdictional spar
buoy “A” over the tip of Point Lookout.
Western boundary – is a line identified by sighting PRFC seed area
marker “B” over Smith Creek Approach Light #2.
Closed Area “B”
Eastern boundary – is a line identified by sighting St. Mary’s River
Junction Lighted Buoy over PRFC marker “PRIB.”
Western boundary – is a line extending due north from St. Mary’s River
Junction Lighted Buoy.
Northern boundary – is a jurisdictional line of the PRFC and Maryland
DNR at the mouth of St. Mary’s River, which is identified by sighting
spar buoy M2C over PRFC marker “PRM2A.”
Closed Area “C”
Eastern boundary – is a line extending due south of Deep Point, St.
George’s Island.
Western boundary – is a line identified by sighting St. George’s Creek
West Channel Light #1 over the center span of the St. George’s Island
Bridge.
Closed Area “D”
Eastern boundary – is a line extending due south of the mouth of Flood
Creek.
Western boundary – is identified by sighting St. Clement’s Island
Lighted Beacon #3 over St. Patrick Creek Approach Light #2.
Northern boundary – is the jurisdictional line of the PRFC and Maryland
DNR at the mouth of Breton Bay as marked with PRFC markers “PRM3A, 3B
and 3C: and spar buoys “3D” and “3E.”
Closed Area “E”
Eastern boundary – is a line identified by sighting the U.S. Coast Guard
Potomac River channel buoy number “N-14” over a fixed marker on the
southwest tip of St. Clement’s Island, MD, and the jurisdictional line
of the PRFC and Maryland DNR across Dukeharts Channel as marked with
PRFC markers “PRM4B and 4C.”
Western boundary – is a line identified by sighting St. Catherine Sound
South Channel Light #1L over PRFC marker “PRM5A.”
Closed Area “F”
Western boundary – is a line identified by sighting spar buoy “V6D,”
located on the Maryland-Virginia line at Nomini Bay, over the southern
tip of Hollis Island.
Eastern boundary – is a line identified by sighting PRFC marker “PRV4B”
over the north end of the tavern at Coles Point.
Closed Area “G”
Western boundary – is a line perpendicular to the shore five hundred
(500) yards west of the entrance jetty to Bonums Creek.
Eastern boundary – is a line perpendicular to the shore fifteen hundred
(1500) yards east of the entrance jetty to Bonums Creek.
Closed Area “H”
Western boundary – is a line extending due east from Sandy Point Neck,
which is identified by sighting the easternmost white boat house over a
red gambrel roofed barn.
Eastern boundary – is a line extending Northeasterly from the western
entrance to Cod Creek to U.S. Coast Guard buoy “#N-48B.”
Closed Area “I”
Western boundary – is a line perpendicular to the shore from the
entrance to Hack Creek to U.S. Coast Guard buoy “#N-45B.”
Eastern boundary – is a line perpendicular to the shore approximately
four thousand (4000) yards below the western boundary opposite a white
house.
Closed Area “J”
Eastern boundary – is a line identified by sighting the U.S. Coast Guard
Potomac/Wicomico River Junction buoy (red/black num buoy) over the U.S.
Coast Guard Wicomico River red daybeacon “#2W” (Mouth of the River Bar).
Western boundary – is a line identified by sighting the tip of Cobb
Point (Cobb Island) over the U.S. Coast Guard Wicomico River flashing
green light “#3W” (Shipping Point).
Northern boundary – is the jurisdictional line of the PRFC and Maryland
DNR at the Mouth of the Wicomico River as marked with PRFC marker
“PRM6A,” Cobb Bar Light, and “PRM6B.”
Closed Area “K”
All of the waters of Piney Point Hollow beginning at a point, defined by
Lat. 38°08.148’N and Long. 76°30.217’ W and marked with a buoy;
Thence, running NW’trly approximately 306° true to a point, defined by
Lat. 38°08.343’ N and Long. 76°30.557’ W and marked with a buoy;
Thence, running NE’trly approximately 41° true to a point at or near the
mean low water line of the shore, defined by Lat. 38°08.428’N and Long.
76°30.463’ W;
Thence, running SE’trly approximately 110° true to a point at or near
the mean low water line of the shore, defined by Lat. 38°08.340’ N and
Long. 76°30.153’ W;
Thence, running SW’trly approximately 194° true to the point of
beginning.
Conditionally Closed Area – The area south and/or east of the Upstream
Limit and north and/or west of the Charles – St. Mary’s County line is
closed for clamming April 1 through October 31 each year.
Notice: ALL Closed areas extend from the mean low water line off shore
to the Channel, unless otherwise noted.
BE lT FURTHER DECLARED AND ORDERED: that this Order #2003-12 shall
become effective October 6, 2003 and will remain in effect until further
notice
|
