Overfilling of oyster containers now barred by Maryland DNR

ANNAPOLIS — If you’re selling oysters and typically overfill the container the Maryland Department of Natural Resources wants you to know that is no longer allowed.

There are three legal types of containers, commonly known as metal oyster tubs, clam crates, and orange baskets (although some are other colors such as green or purple).

Metal oyster tubs and clam crates both contain one Maryland oyster bushel, whereas orange baskets are roughly 10% smaller. According to DNR, if a Maryland oyster bushel was unloaded into an orange basket, on average, the oysters would exceed the top of the basket by between one to two inches.

“Harvesters have been allowed to exceed the rim of the orange baskets because that container is volumetrically less than a Maryland oyster bushel,” said DNR in its message to waterman. Sometimes there was a distinct “cone” at the top to make up the difference.

By standardizing the rule, overfilling of any container used when harvesting oysters is not permitted, which DNR stated should end confusion “and the potential for overharvest and lead to greater consistency in measuring catch and enforcement of catch limits.”

The rule was first proposed in May and following a comment period was enacted on Aug. 5.