Sec. 08.02.04.14. Harvest Reserve Area — Management and Establishment

A. An individual licensed to catch oysters for commercial purposes shall cull the oysters on the harvest reserve from which they were caught and return every shell to the bar.

B. An individual licensed to catch oysters for commercial purposes may not catch or possess oysters from an area not designated as a harvest reserve while in possession of oysters from a harvest reserve area.

C. An individual may not catch oysters from a harvest reserve area unless the area is opened by public notice in accordance with this regulation.

D. Based on the biological criteria listed in Natural Resources Article, §4-1009.1, Annotated Code of Maryland, the Department may establish by public notice:

(1) Individual and total harvest limits;

(2) Seasons, days, and times when oysters may be harvested;

(3) A minimum size limit of not less than 3 inches;

(4) A maximum size limit; and

(5) An opening or closing of an area for the harvesting or conservation of oysters.

E. The public notice process of Natural Resources Article, §4-1009.1, Annotated Code of Maryland, shall be carried out through the following steps:

(1) The Department shall deliver a copy of the notice to be published to the Joint Committee on Administrative, Executive, and Legislative Review; and

(2) The Department shall state all applicable reasons for the Department's action on a notice published:

(a) In at least one newspaper of general circulation in the State;

(b) In at least one newspaper of general circulation in each county in which the affected waters are located; and

(c) On the website of the Department.

F. The Department's action under §§D and E of this regulation is not effective until 48 hours after the notice is published in the publications listed in §E(2) of this regulation.