Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.15 - Striped Bass › Section 08.02.15.07 - Commercial Fishery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Chesapeake Bay and Its Tidal Tributaries.
(1) Quota. The annual target harvest for the commercial fishery is 42.5 percent of the overall Maryland quota.
(2) Size Limits.
(a) The minimum legal size for the commercial fishery is 18 inches total length.
(b) The maximum legal size for the commercial fishery is 36 inches total length.
(3) Seasons.
The commercial seasons for taking striped bass for permittees registered in the Chesapeake Bay individual transferrable quota fishery are as follows:
(a) The haul seine season is June 1 through the last day of February;
(b) The hook and line season is June 1 through December 31;
(c) The pound net season is June 1 through December 31; and
(d) The drift gill net season is December 1 through the last day of February.
(4) The Secretary shall allocate the annual target harvest for the following fisheries:
(a) Chesapeake Bay Individual Transferrable Quota; and
(b) Atlantic Ocean, its coastal bays and their tidal tributaries.
(5) Initial Calculation of Shares in the Fisheries of the Chesapeake Bay and Its Tidal Tributaries.
(a) A tidal fish licensee with a striped bass permit registered in the Chesapeake Bay and its tidal tributaries as of May 10, 2013 shall receive a share of the striped bass fishery in accordance with this section.
(b) Pound Net and Haul Seine.
(i) The amount of shares to be divided among the pound net and haul seine fisheries is 33 percent of the Chesapeake Bay commercial quota.
(ii) Tidal fish licensees with a striped bass permit registered in the pound net fishery as of May 10, 2013 shall each receive an equal share.
(iii) Tidal fish licensees with a striped bass permit registered in the haul seine fishery as of May 10, 2013 shall each receive a share equal to the amount of one third of the share assigned to a striped bass permit registered in the pound net fishery as of May 10, 2013.
(c) Gill Net and Hook and Line.
(i) The amount of shares to be divided among the gill net and hook and line fisheries is 67 percent of the overall commercial quota.
(ii) Each tidal fish licensee with a striped bass permit registered in either the gill net or hook and line fisheries as of May 10, 2013 shall receive an equal share of 25 percent of the gill net and hook and line quota.
(iii) In addition to the initial baseline share described in §A(6)(c)(ii) of this regulation, each tidal fish licensee with a striped bass permit registered in either the gill net or hook and line fisheries as of May 10, 2013 may receive additional shares of the remaining 75 percent of the gill net and hook and line quota based on the average poundage of the striped bass harvested by the permittee during the period January 1, 2001 through February 29, 2012.
(6) The Secretary may:
(a) Reassign a commercial tidal fish licensee's allocation if the licensee has not registered for the allocation;
(b) Modify the allocation of all commercial tidal fish licensees during the season;
(c) Consider an appeal of the initial calculation of shares in the fisheries of the Chesapeake Bay and its tidal tributaries under §A(6) of this regulation; and
(d) Modify the shares of all commercial tidal fish licensees in an equal manner prior to the beginning of the quota year.
(7) A flag specified by the Department shall be displayed on the vessel at least 3 feet above the surface on which it is mounted and clearly visible to approaching vessels if the individuals on board are engaged in commercial striped bass fishing to denote whether the individuals on board are participating in the Chesapeake Bay individual transferrable quota fishery.