Maryland § 4-1038
Full text of Maryland Maryland Code § 4-1038, with citation guidance and answers to common questions.
§ 4-1038.
(a) 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) 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.
Frequently Asked Questions About Maryland § 4-1038
What does Maryland Code § 4-1038 cover?
Section 4-1038 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 4-1038?
A common citation format is "Maryland Code § 4-1038" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 4-1038 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.