Section 4-1033 - Regulatory powers and duties of Department generally. - Maryland Statutes

§ 4-1033. Regulatory powers and duties of Department generally.
 

(a)  Use of hydraulic clam dredge.- The Department shall adopt rules and regulations assuring that a tidal fish license authorizes a person to use only one hydraulic clam dredge. The Department also shall adopt rules and regulations requiring all licensees operating a hydraulic clam dredge owned by another person, or subject to a lien held by another person to have the license in possession when engaged in licensed activities and to affix the license identification number permanently to the vessel as required in § 4-701(h) of this title. 

(b)  Dealers and shippers of soft-shell clams.-  

(1) The Department shall adopt rules and regulations governing licensing of persons buying, selling, shipping, transporting, or otherwise dealing in soft-shell clams, and the methods by which they may do so. However, a license may not be required to sell or dispose of clams in any retail market, restaurant, or other establishment where clams are sold or served for immediate use or consumption, when the clams are purchased from a person possessing a dealer's or shipper's license. 

(2) The Department shall require any person licensed to dredge for soft-shell clams or licensed pursuant to the provisions of this subsection to maintain and submit records to the Department. 

(c)  Regulation generally.- The Department may promulgate rules and regulations relating to any aspect of the soft-shell clam fishery and shall adopt rules and regulations governing: 

(1) Measurement and structural details of a hydraulic clam dredge; 

(2) The number of hydraulic clam dredges which may be carried on a vessel; 

(3) The use of mufflers on motors or engines on hydraulic clam dredges or on board boats carrying hydraulic clam dredges; 

(4) The establishment of limits on the number of bushels which may be caught by a hydraulic clam dredge, or by a boat carrying a hydraulic clam dredge; 

(5) The minimum size of soft-shell clams; 

(6) The times and dates for taking, landing, and unloading soft-shell clams; and 

(7) Protection of soft-shell clams from contamination, or from deterioration as a result of excessive heat. 
 

[An. Code 1957, art. 66C, § 713; 1973, 1st Sp. Sess., ch. 4, § 1; 1976, ch. 183, § 1; 1983, ch. 579; 1986, ch. 714; 1987, ch. 275; 1989, ch. 5, § 1; 1992, ch. 221; 1999, ch. 34, § 1; 2004, ch. 25, § 6.]