§ 4-1038. Restrictions on catching soft-shell clams by hydraulic dredge in certain counties

   (a) In general. -- Except as provided in § 4-1039 of this subtitle, a person may not catch soft-shell clams by hydraulic clam dredge in the following waters:

   (1) Anne Arundel County. -- (i) Within 500 feet of any sea nettle net;

      (ii) Within 800 feet of any public bathing beach between Saunders and Dutchman's Point, if the beach is marked as required by rule or regulation and the public uses the beach for bathing;

      (iii) In Marley Creek; Stoney Creek; Bodkin Creek; Magothy River above a line drawn from Mountain Point to Persimmon Point; Little Magothy River; Whitehall Bay between the shore and a line drawn from Hackett's Point to Possum Point; Mill Creek; Severn River between the shore and a line drawn from Greenbury Point to the east side of the entrance to Lake Ogleton; South River between the shore and a line drawn between Turkey Point and east side of Duvall Creek, and extending 1,500 feet in front of Sandy Point State Park and Fort Smallwood State Park; West River south and west of a line running from Cheston Point to Curtis Point; or

      (iv) Anywhere in Anne Arundel County north of the Chesapeake Bay Bridge within 800 feet of the shoreline, or south of the Chesapeake Bay Bridge and north of Thomas Point within 300 feet of the shoreline from September 16 to April 15 and within 800 feet of the shoreline from April 16 to September 15; south of Thomas Point within 300 feet of the shoreline, except that between Turkey Point and Ramsey Lake clamming is prohibited within 800 feet of the shoreline. This subsection does not prohibit the catching of clams by hydraulic clam dredge in West River or Rhode River.

   (2) Queen Anne's County. -- In the waters of Eastern Bay and its tributaries; Shipping Creek; Cox's Creek; Crab Alley Creek; Wye River south of a line from the southernmost tip of Ferry Point to the northernmost tip of Drum Point; Wye East River west of a line from the southernmost tip of Wye Island to northernmost tip of Bruff's Island; Kent Narrows south of a line drawn from the northernmost tip of Ferry Point to the northernmost tip of Long Point.

   (3) Somerset County. -- In the Wicomico River or Monie Bay east of a line from the easternmost entrance of Rock Creek to the southeast extremity of Mollie's Point.

   (4) Talbot County. -- (i) In the Tred Avon River and in Town Creek in front of Oxford, between the shoreline and the center of the channel, except during October and November;

      (ii) Within 1,200 feet of the Federal Research Laboratory at Oxford.

(b) Charles and Wicomico counties or Atlantic Coastal Bays. -- A person may not catch by hydraulic or mechanical clam dredge soft-shell clams from the waters of Charles or Wicomico counties, or the Atlantic Coastal Bays, as defined in § 8-1802 of this article.

HISTORY: An. Code 1957, art. 66C, § 713; 1973, 1st Sp. Sess., ch. 4, § 1; 1975, ch. 385; 1977, ch. 184; 1979, ch. 605; 1981, chs. 177, 481; 2004, ch. 25, § 6; 2007, ch. 260, § 2; 2010, ch. 296.