WILLIAM DONALD SCHAEFER, Governor
Annotated Code of Maryland
(1983 Replacement Volume and 1988 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
(q) "Soft-shell clams" means mollusks of the species [mya]
MYA arenaria AND OF THE SPECIES GENUS TAGELUS.
A severance tax of
35 50 cents per bushel shall be levied on
all soft-shell clams OF ALL SPECIES MYA ARENARIA caught within
the State. The tax shall be paid by the buyer of clams at the
place in the State where the clams are to be shipped in bulk no
further by vessel, or before clams are shipped out of the State
by vessel. All taxes pursuant to this section shall be remitted
to the Department in accordance with its rules and regulations
for deposit to the credit of the Fisheries Research and
Development Fund and shall be used solely to replenish the
soft-shell clam resources of the State. A SEVERANCE TAX MAY NOT
BE LEVIED ON SOFT-SHELL CLAMS OF THE SPECIES GENUS TAGELUS.
A person may sell soft-shell clams OF THE SPECIES MYA
ARENARIA caught by hydraulic clam dredge only to a person
possessing a soft-shell clam dealer's and shipper's license. A
PERSON MAY SELL SOFT-SHELL CLAMS OF THE SPECIES GENUS TAGELUS TO
PERSONS OTHER THAN A LICENSED DEALER OR SHIPPER.
From June 1 to September 14, inclusive, a person may catch
soft-shell clams OF THE SPECIES MYA ARENARIA
one half hour before sunrise and 1 p.m. except that soft shell
claims OF THE SPECIES MYA ARENARIA may be caught after 1 p.m. BUT
NOT LATER THAN SUNSET if they are kept in on board refrigeration.
AT THE TIMES AND IN THE MANNER PRESCRIBED BY REGULATIONS ADOPTED
BY THE DEPARTMENT. THE DEPARTMENT MAY CONSULT WITH THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO ADOPT REGULATIONS
NECESSARY TO ENSURE THE PROPER HANDLING OF SOFT SHELL CLAMS OF
THE SPECIES MYA ARENARIA. SOFT-SHELL CLAMS OF THE SPECIES GENUS
TAGELUS MAY BE CAUGHT AT ANY TIME BETWEEN ONE-HALF HOUR BEFORE
SUNRISE AND SUNSET.
- 2551 -