reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.18 - Fishing Guide Provisions › Section 08.02.18.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of Natural Resources.
(2) "Licensee" means an individual who holds a valid type NT, type NTT, or type L fishing guide license issued by the Department.
(3) "Nonresident" means an individual who resides in a state other than Maryland on the date of application for or renewal of a fishing guide license.
(4) Resident.
(a) "Resident" means an individual who resides in this State on the date of application for or renewal of a fishing guide license.
(b) "Resident" includes a member of the armed forces of the United States who is:
(i) On active duty; and
(ii) Stationed officially in this State.
(5) "Striped bass" means the species Morone saxatilis, also known as rockfish, and all hybrids of striped bass.
(6) "Fishing guide" means an individual who accepts direct or indirect consideration for providing instruction, direction, supervision, or transportation to an individual for the purpose of catching fish by angling.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.18 - Fishing Guide Provisions › Section 08.02.18.03 - Freshwater Fishing Guide License - Type NT

Current through Register Vol. 51, No. 14, July 12, 2024
A. A type NT freshwater fishing guide license, as authorized by Natural Resources Article, §
									4-210.1, Annotated Code of Maryland, authorizes the licensee to provide fishing guide services only in the nontidal waters of the State.
B. Striped Bass. An angler under the guidance of a licensee with a valid type NT license in nontidal waters of the State may:
(1) Hook striped bass and immediately release the striped bass unharmed to the water from which the striped bass was taken; and
(2) Harvest striped bass from the following areas:
(a) Youghiogheny Reservoir;
(b) Piney Run Reservoir;
(c) Tridelphia Reservoir;
(d) Loch Raven Reservoir;
(e) Prettyboy Reservoir;
(f)
T.Howard Duckett (Rocky Gorge) Reservoir;
(g) Liberty Reservoir; and
(h) Conowingo Reservoir.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.18 - Fishing Guide Provisions › Section 08.02.18.04 - Freshwater Fishing Guide License - Type NTT

Current through Register Vol. 51, No. 14, July 12, 2024
A. A type NTT freshwater fishing guide license, as authorized by Natural Resources Article, §
									4-210.1, Annotated Code of Maryland, authorizes the licensee to provide fishing guide services in nontidal waters and designated tidal waters of the State.
B. Fishing Area. A type NTT license authorizes the licensee to provide fishing guide services in:
(1) All nontidal waters of the State; and
(2) The following designated areas located in tidal waters of the State:
(a) Chesapeake Bay upstream of a line from Sandy Point on Spesutie Island to Turkey Point;
(b) Elk River upstream of a line from Turkey Point to the State launching ramp at Pearce Creek;
(c) Pond Creek upstream of a line connecting the two unnamed points at the entrance to the creek;
(d) Sassafras River upstream of a line from Grove Point to Howell Point;
(e) Still Pond Creek upstream of a line from Meeks Point to Rocky Point;
(f) Worton Creek upstream of a line from Copeland Point to Handys Point;
(g) Fairlee Creek upstream of a line across the entrance of the creek;
(h) Chester River upstream of a line from Spaniard Point to Nichols Point;
(i) Corsica River, a tributary of the Chester River, upstream of a line from Spaniard Point to Holton Point;
(j) Langford Creek, a tributary of the Chester River, upstream of a line from Nichols Point to Grays Inn Point;
(k) Grays Inn Creek, a tributary of the Chester River, upstream from Grays Inn Point to Little Gum Point;
(l) Choptank River upstream of the Dover Bridge on Route 331;
(m) Blackwater River upstream of a line from the lower point of Snake Island to the southernmost point on the opposite shore;
(n) Transquaking River upstream of a line from Alabaster Point running magnetic north to the opposite shore;
(o) Nanticoke River upstream of a line from Long Point to Runaway Point;
(p) Wicomico River upstream of the Whitehaven ferry crossing;
(q) Pocomoke River upstream of the landing at Rehobeth;
(r) Maryland tributaries of the Potomac River above the Route 301 bridge;
(s) Wicomico River, a tributary of the Potomac River, upstream of a line from Mills Point in a westerly direction to the northernmost point at the entrance to Dolly Boarmans Creek;
(t) Patuxent River upstream of the overhead power lines north of Gods Grace Point;
(u) Swanson Creek, a tributary of the Patuxent River, upstream of a line from Teague Point to Chalk Point;
(v) Patapsco River upstream of the Hanover Street crossing parallel to the Potee Street crossing;
(w) Back River upstream of a line from Cuckhold Point to Rocky Point;
(x) Middle River upstream of a line from Booby Point to Bowley Bar Point;
(y) Seneca Creek upstream of a line from Bowley Bar Point to Lowen Point;
(z) Gunpowder River upstream of a line from Weir Point to Rickett Point; and
(aa) Bush River upstream of a line from Abbey Point to Sandy Point.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.18 - Fishing Guide Provisions › Section 08.02.18.05 - Limited Fishing Guide License - Type L

Current through Register Vol. 51, No. 14, July 12, 2024
A. A type L limited fishing guide license, as authorized by Natural Resources Article, §
									4-210, Annotated Code of Maryland, authorizes the licensee to provide fishing guide services in all waters of the State.
B. Striped Bass.
(1) Notwithstanding COMAR 08.02.15, an angler under the guidance of a licensee with a valid type L license in tidal waters of the State may not catch or possess striped bass in the following areas:
(a) Chesapeake Bay upstream of a line from Sandy Point on Spesutie Island to Turkey Point;
(b) Elk River upstream of a line from Turkey Point to the State launching ramp at Pearce Creek;
(c) Pond Creek upstream of a line connecting the two unnamed points at the entrance to the creek;
(d) Sassafras River upstream of a line from Grove Point to Howell Point;
(e) Still Pond Creek upstream of a line from Meeks Point to Rocky Point;
(f) Worton Creek upstream of a line from Copeland's Point to Handys Point;
(g) Fairlee Creek upstream of a line across the entrance of the creek;
(h) Chester River upstream of a line from Spaniard Point to Nichols Point;
(i) Corsica River, a tributary of the Chester River, upstream of a line from Spaniard Point to Holton Point;
(j) Langford Creek, a tributary of the Chester River, upstream of a line from Nichols Point to Grays Inn Point;
(k) Grays Inn Creek, a tributary of the Chester River, upstream from Grays Inn Point to Little Gum Point;
(l) Choptank River upstream of the Dover Bridge on Route 331;
(m) Blackwater River upstream of a line from the lower point of Snake Island to the southernmost point on the opposite shore;
(n) Transquaking River upstream of a line from Alabaster Point running magnetic north to the opposite shore;
(o) Nanticoke River upstream of a line from Long Point to Runaway Point;
(p) Wicomico River upstream of the Whitehaven ferry crossing;
(q) Pocomoke River upstream of the landing at Rehobeth;
(r) Wicomico River, a tributary of the Potomac River, upstream of a line from Mills Point in a westerly direction to the northernmost point at the entrance to Dolly Boarmans Creek;
(s) Patuxent River upstream of the overhead power lines north of Gods Grace Point;
(t) Swanson Creek, a tributary of the Patuxent River, upstream of a line from Teague Point to Chalk Point;
(u) Patapsco River upstream of the Hanover Street crossing parallel to the Potee Street crossing;
(v) Back River upstream of a line from Cuckhold Point to Rocky Point;
(w) Middle River upstream of a line from Booby Point to Bowley Bar Point;
(x) Seneca Creek upstream of a line from Bowley Bar Point to Lowen Point;
(y) Gunpowder River upstream of a line from Weir Point to Rickett Point;
(z) Bush River upstream of a line from Abbey Point to Sandy Point; and
(aa) Maryland tributaries of the Potomac River above the Route 301 bridge.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.18 - Fishing Guide Provisions › Section 08.02.18.06 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Licensee Requirements. In addition to a type NT, NTT, or L license, a licensee shall possess, as applicable, the following when engaged in fishing guide activities:
(1) A valid angler's license in accordance with Natural Resources Article, §
										4-604, Annotated Code of Maryland;
(2) A valid Chesapeake Bay and coastal sport fishing license or registration in accordance with Natural Resources Article, §
										4-745, Annotated Code of Maryland;
(3) Any necessary stamps issued by the Department; and
(4) A valid license issued by the U. S. Coast Guard.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.19 - Nuisance Species › Section 08.02.19.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to control the importation, possession, propagation, transport, purchase, sale, or introduction into State waters of certain nonnative aquatic organisms that if accidentally or deliberately introduced into or further spread in the waters of the State would alter and threaten to harm the ecosystem, the abundance and diversity of native or naturalized aquatic organisms, or the productivity of State waters.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.19 - Nuisance Species › Section 08.02.19.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Aquaculture" means the rearing for commercial purposes of a species of fish or aquatic plant as listed in and described in COMAR 08.02.14 and may include the purchase, sale, possession, capture, production, breeding, transportation, and processing of fish or aquatic plants.
(2) "Aquatic organism" means a living organism that spends part of its life in water.
(3) "Felt sole" means a sole to which felt or any other natural or synthetic porous material capable of absorbing liquid is attached.
(4) "Historically" means commonly accepted to have been in State waters in the year 1500.
(5) "Hybrid" means the offspring of any species of fish of genetically dissimilar parents or stock.
(6) "Introduction into State waters" means the deliberate or accidental release of an aquatic organism into State waters.
(7) "Native" means having historically lived, grown, and reproduced in State waters.
(8) "Naturalized" means documented as having lived, grown, and reproduced in State waters for more than 10 years without known harm to the ecosystem.
(9) "Nonnative " means any species other than native or naturalized.
(10) "Nuisance organism" means a nonnative aquatic organism that will foreseeably alter and threaten to harm the ecosystem or the abundance and diversity of native or naturalized aquatic organisms.
(11) "State waters" means tidal and nontidal waters located within the boundaries of the State, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State.
(12) "Transgenic" means an organism into which genetic material from another organism has been experimentally transferred so that the host acquires the genetic traits of the transferred genes.
(13) "Transport" means to move a nonnative aquatic organism from the waters of one watershed, as named by Maryland Integrated Watershed Data and Information System 6-digit map, and introduce it into the waters of another watershed, as named by Maryland Integrated Watershed Data and Information System 6-digit map.
(14) "Without known harm" means a species has acclimated or adapted to life in Maryland's waters for more than 50 years without diminishing the abundance, diversity, distribution or reproduction of a native species or degrading water quality requirements for a native species.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.19 - Nuisance Species › Section 08.02.19.04 - Classification of Nonnative Aquatic Organisms

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not import, transport, purchase, possess, propagate, sell, or release into State waters the following nonnative aquatic organisms:
(1) Fish species:
(a) Alabama bass (Micropterus hensalli);
(b) Asian horseshoe crabs (Tachypleus tridentatus, Tachypleus gigas, Carcinoscorpius rotundicauda);
(c) Asian swamp eel (Monoterus albus);
(d) Bighead carp (Hypophthalmichthys nobilis);
(e) Black carp (Mylopharynodon piceus);
(f) Candiru (Vandellia cirrhosa);
(g) Chinese mitten crab (Eriocheir sinensis);
(h) Eurasian river ruffe (Gymnocephalus cernuus);
(i) Grass carp (Ctenopharyngodon idella);
(j) Marbled crayfish (marmorkrebs) (Procambarus sp.);
(k) New Zealand Mudsnail (Potamopyrgus anitpodarum);
(l) Quagga mussel (Dreissena bugensis);
(m) Red shiner (Notropis lutrensis, Cyprinella lutrensis);
(n) Round goby (Neogobius melanostomus);
(o) Rudd (Scardinius erythrophthalmus);
(p) Rusty crayfish (Orconectes rusticus);
(q) Silver carp (Hypophthalmichthys molitrix);
(r) Spotted bass (Micropterus punctulatus);
(s) Veined rapa whelk (Rapana venosa);
(t) Walking catfish (Clarius batrachus); and
(u) Zebra mussel (Dreissena polymorpha); and
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.19 - Nuisance Species › Section 08.02.19.05 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not place or attempt to place upon or into State waters a watercraft or associated equipment with attached or contained aquatic plants, zebra mussels, or other prohibited species of nonnative organisms.
B. Water taken from waters infested by prohibited nonnative species may not be diverted, appropriated, or transported on public roads except in the following circumstances:
(1) In an emergency declared by appropriate local or State authorities, such as a fire emergency;
(2) As specified in water appropriation or public waters work permits; or
(3) Under a permit issued by the Secretary.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.19 - Nuisance Species › Section 08.02.19.06 - Snakehead Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as authorized by 50 CFR Part 16, a person may not import, transport, or introduce into the State any live fish or viable eggs of snakehead fish of the Family Channidae, including but not limited to:
(1) African snakehead (Parachanna obscura);
(2) Bangka snakehead (Channa bankanensis);
(3) Baram snakehead (Channa baramensis);
(4) Barca snakehead (Channa barca);
(5) Black snakehead (Channa melasoma);
(6) Blackfinned snakehead (Channa melanoptera);
(7) Blotched snakehead (Channa maculata);
(8) Bluespotted snakehead (Channa cyanospilos);
(9) Bullseye snakehead (Channa marulius);
(10) Burmese snakehead (Channa burmanica);
(11) Ceylon snakehead (Channa orientalis);
(12) Chel snakehead (Channa amphibeus);
(13) Chevron snakehead (Channa striata);
(14) Chinese snakehead (Channa asiatica);
(15) Congo snakehead (Parachanna insignis);
(16) Dwarf snakehead (Channa gachua);
(17) Emperor snakehead (Channa maruloides);
(18) Giant snakehead (Channa micropeltes);
(19) Golden snakehead (Channa stewartii);
(20) Inle snakehead (Channa harcourtbutleri);
(21) Niger snakehead (Parachanna africana);
(22) Night snakehead (Channa nox);
(23) Northern snakehead (Channa argus);
(24) Ocellated snakehead (Channa pleurophthalmus);
(25) Orangespotted snakehead (Channa aurantimaculata);
(26) Panaw snakehead (Channa panaw);
(27) Rainbow snakehead (Channa bleheri);
(28) Splendid snakehead (Channa lucius); and
(29) Spotted snakehead (Channa punctata).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.19 - Nuisance Species › Section 08.02.19.07 - Felt-Soled Waders

Current through Register Vol. 51, No. 14, July 12, 2024
An individual may not use footgear with external felt soles in State waters or within five feet of State waters.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.20 - Bait › Section 08.02.20.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to control the use of bait in State waters and implement Natural Resources Article, §
									4-702, Annotated Code of Maryland, which requires licensure of persons dealing in finfish or shellfish and provides an exception for those persons who catch and sell certain species of finfish or shellfish as bait.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.20 - Bait › Section 08.02.20.02 - Bait Finfish

Current through Register Vol. 51, No. 14, July 12, 2024
A. Bait. For the purpose of this subtitle, "bait" means an attractant to catch fish which includes:
(1) The living or dead, whole body or part of body of an animal; or
(2) A processed product from an animal or vegetative source.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.20 - Bait › Section 08.02.20.03 - Prohibited Species

Current through Register Vol. 51, No. 14, July 12, 2024
A. The species listed in this regulation may not be used as bait in State waters.
B. Prohibited species:
(1) Largemouth bass;
(2) Muskellunge;
(3) Northern pike;
(4) Pickerel;
(5) Smallmouth bass;
(6) Striped bass;
(7) Striped bass hybrids;
(8) Tiger muskellunge;
(9) Brook trout;
(10) Brown trout; and
(11) Walleye.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.21 - Yellow Perch › Section 08.02.21.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Harvest" means to take, kill, trap, gather, catch, or in any manner reduce any fish to personal possession or to attempt to engage in this conduct.
(2) "Landing" means:
(a) Unloading any fish at a dock, pier, or shore by a commercial fisherman; or
(b) Bringing any fish to a dock, pier, or shore by a recreational fisherman for personal use.
(3) "Tag" means the device or form approved by the Department and affixed to a fish.
(4) "Target harvest" means pounds or numbers of yellow perch allowed by the Department to be harvested in a season.
(5) "Total length" means the distance from the tip of the snout to the end of the longest lobe of the extended tail of a fish.
(6) "Yellow perch" means the species of fish Perca flavescens.
(7) "Yellow perch harvest permit" means a permit issued by the Department which allows a person to commercially harvest yellow perch.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.21 - Yellow Perch › Section 08.02.21.02 - Recreational

Current through Register Vol. 51, No. 14, July 12, 2024
A. Season. The recreational season is open year round.
B. Size.
(1) Except as provided in §B(2) of this regulation, the minimum size for yellow perch harvested from waters of the State is 9 inches total length.
(2) There is no minimum size for yellow perch harvested from reservoirs, lakes, ponds, impoundments, and waters upstream of them.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.21 - Yellow Perch › Section 08.02.21.03 - Commercial

Current through Register Vol. 51, No. 14, July 12, 2024
A. Season.
(1) The commercial season for harvesting yellow perch is December 1 through March 31, inclusive.
(2) Yellow perch legally harvested in another state may be sold or offered for sale in Maryland if accompanied by proof of origin which details the total weight of yellow perch for each container.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.21 - Yellow Perch › Section 08.02.21.04 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eggs. A person may not catch, attempt to catch, or possess yellow perch eggs from any State waters, except for a person who:
(1) Is working in cooperation with a scientific investigation of the Department;
(2) Is authorized by a scientific collection permit in accordance with Natural Resources Article, §
										4-212, Annotated Code of Maryland; or
(3) Catches yellow perch eggs and returns the eggs to the location where they were caught without landing.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.22 - Sharks › Section 08.02.22.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Circle hook" means a nonoffset hook with the point turned perpendicularly back to the shank.
(2) "Eviscerate" means to remove the digestive organs of a shark, excluding the head.
(3) "Finning" means removing only the fins of a shark.
(4) "Fork length" means that length measured in a straight line from the tip of the nose of the shark to the center of the fork of the tail of the shark.
(5) "Handline" means a mainline to which not more than two gangions or hooks are attached.
(6) "Landing" means:
(a) The unloading of any fish at a dock or shore by a commercial fisherman; or
(b) The bringing of any fish to a dock, pier, or shore by a recreational fisherman for personal use.
(7) "Large mesh gillnet" means a gillnet having a stretch mesh size equal to or greater than 5 inches.
(8) "Recreational angler" means any fisherman who catches sharks for personal use.
(9) "Shore-angler" means any person engaged in any type of fishing that does not take place on board a vessel.
(10) "Shortline" means a fishing line meeting the requirements of COMAR 08.02.25.06.
(11) "Small mesh gillnet" mean a gillnet having a stretch mesh size smaller than 5 inches.
(12) "Vessel" means every type of watercraft used or capable of being used as a means of transportation on water except for nondisplacement craft and seaplanes.
(13) "Vessel-fishing" means any fishing conducted from a vessel.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.22 - Sharks › Section 08.02.22.02 - Recreational Shark Fishery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Authorized Shark Species. A recreational angler may harvest only the following species:
(1) Smoothhound (Mustelus canis);
(2) Atlantic sharpnose (Rhizoprionodon terraenovae);
(3) Bonnethead (Sphyrna tiburo);
(4) Finetooth (Carcharhinus isodon);
(5) Blacknose (Carcharhinus acronotus);
(6) Tiger (Galeocerdo cuvier);
(7) Blacktip (Carcharhinus limbatus);
(8) Spinner (Carcharhinus brevipinna);
(9) Bull (Carcharhinus leucas);
(10) Lemon (Negaprion brevirostris);
(11) Nurse (Ginglymostoma cirratum);
(12) Shortfin mako (Isurus oxyrinchus);
(13) Porbeagle (Lamna nasus);
(14) Common thresher (Alopias vulpinus);
(15) Oceanic whitetip (Carcharhinus longimanus);
(16) Blue (Prionace glauca);
(17) Scalloped hammerhead (Sphyrna lewini);
(18) Great hammerhead (Sphyrna mokarran); and
(19) Smooth hammerhead (Sphyrna zygaena).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.22 - Sharks › Section 08.02.22.03 - Commercial Fishery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Shark Groups.
(1) Prohibited Species. The species of shark in the prohibited group are:
(a) Sand tiger (Carcharias taurus);
(b) Bigeye sandtiger (Odontaspis noronhai);
(c) Whale (Rhincodon typus);
(d) Basking (Cetorhinus maximus);
(e) White (Carcharodon carcharias);
(f) Dusky (Carcharhinus obscurus);
(g) Bignose (Carcharhinus altimus);
(h) Galapagos (Carcharhinus galapagensis);
(i) Night (Carcharhinus signatus);
(j) Reef (Carcharhinus perezii);
(k) Narrowtooth (Carcharhinus brachyurus);
(l) Caribbean sharpnose (Rhizoprionodon porosus);
(m) Smalltail (Carcharhinus porosus);
(n) Atlantic angel (Squatina dumeril);
(o) Longfin mako (Isurus paucus);
(p) Bigeye thresher (Alopias superciliosus);
(q) Sharpnose sevengill (Heptranchias perlo);
(r) Bluntnose sixgill (Hexanchus griseus); and
(s) Bigeye sixgill (Hexanchus nakamurai).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.22 - Sharks › Section 08.02.22.04 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filleting and Finning.
(1) Sharks may not be filleted or cut into pieces at sea.
(2) Finning is prohibited.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.23 - Shellfish Aquaculture and Leasing › Section 08.02.23.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to shellfish aquaculture in waters of the State as described in Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.23 - Shellfish Aquaculture and Leasing › Section 08.02.23.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Aquaculture activities" means those activities which include the purchase, monitoring, bottom preparation, planting, sale, possession, harvest, production, breeding, transportation, and processing of shellfish in State waters on or in an area used for shellfish cultivation.
(2) "Aquaculture Enterprise Zone" means an area of the Chesapeake Bay approved for the leasing of submerged land or the water column by the Department in consultation with the Department of the Environment and the Wetlands Administrator of the State Board of Public Works.
(3) "Aquaculture lease" means a lease of any submerged land or the water column located in an Aquaculture Enterprise Zone for cultivating oysters or other shellfish for commercial purposes.
(4) "Atlantic Coastal Bays" means the waters of the Assawoman, Isle of Wight, Sinepuxent, Newport, and Chincoteague Bays and their tributaries.
(5) "Demonstration lease" means a lease of submerged land for the purpose of demonstrating the ecological benefits of growing shellfish or for research or education.
(6) "Maryland waters" means tidal and nontidal waters located within the boundaries of the State, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, and public drainage systems within the State.
(7) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(8) "Pole" means a buoy, float, or stake used to mark a leased oyster bottom.
(9) "SAV Protection Zone" means an area of submerged aquatic vegetation with a density greater than 10 percent as mapped in aerial surveys by the Virginia Institute of Marine Sciences in 1 or more of the 3 years preceding the designation of an Aquaculture Enterprise Zone, or an application for an aquaculture, submerged land, or demonstration lease.
(10) "Seed oyster" means an oyster that is no more than 1 inch in size from hinge to bill.
(11) "Submerged land lease" means any land lying beneath the waters of the State leased by the State to any person for cultivating oysters and other shellfish for commercial purposes.
(12) "Water column lease" means a lease of the column of water on or under the surface of the water and above the surface of the submerged land.
(13) "Yates Bar" means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the oyster survey of 1906 to 1912, not including any amendments.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.23 - Shellfish Aquaculture and Leasing › Section 08.02.23.03 - Commercial Lease Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Aquaculture Activities on Submerged Land.
(1) A person may not engage in aquaculture activities on submerged land in waters of the State, including the areas listed in Regulation .06 of this chapter, unless the land is leased or permitted for shellfish aquaculture purposes.
(2) To obtain a submerged land lease a person shall:
(a) Apply for:
(i) A submerged land lease by submitting an application on a form provided by the Department; and
(ii) A shellfish aquaculture harvester permit as described in Regulation .04 of this chapter; and
(b) Submit a non-refundable fee of $300.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.23 - Shellfish Aquaculture and Leasing › Section 08.02.23.04 - Shellfish Aquaculture Harvester Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for a demonstration lease holder, a lease holder or a lease transfer applicant shall submit an application, provided by the Department, and obtain a shellfish aquaculture harvester permit prior to engaging in aquaculture activities.
B. A shellfish aquaculture harvester permit:
(1) Shall be valid for a 1-year term beginning on January 1 and expiring on December 31 each year;
(2) Shall be automatically renewed for a new term upon receipt of all reports required under Regulation .03D of this chapter;
(3) Is not transferable; and
(4) Is an operator card for the purposes of Natural Resources Article, §
										4-11A-16.1, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.23 - Shellfish Aquaculture and Leasing › Section 08.02.23.05 - Aquaculture Pilot Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A.The Department may conduct pilot projects to demonstrate and evaluate new approaches to managing shellfish aquaculture in the State.
B.The Department may select and designate certain persons named on a Shellfish Aquaculture Harvester Permit or Shellfish Aquaculture Harvester Registration Card to participate in a pilot project. A participating permittee or registrant shall:
(1) Apply for a pilot program permit on forms provided by the Department;
(2) Have a pilot program permit in order to participate in a pilot program;
(3) Comply with any conditions of the permit; and
(4) Be eliminated from the pilot project at the discretion of the Department.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.23 - Shellfish Aquaculture and Leasing › Section 08.02.23.06 - Pre-Approved Leasing Areas in the Coastal Bays

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following areas are established as pre-approved leasing areas.
B. A "pre-approved leasing area" means an area of the Atlantic coastal bays approved for leasing of submerged land by the Department.
C. Areas Defined.
(1) South Point Shoal. All of the waters Chincoteague Bay enclosed by a line beginning at a point at or near Lat. 38°10.860' N, Long. 75°13.379' W; then running 310° True to a point at or near Lat. 38°10.980' N, Long. 75°13.560' W; then running 19° True to a point at or near Lat. 38°12.060' N, Long. 75°13.079' W; then running 112° True to a point at or near Lat. 38°11.768' N, Long. 75°12.145' W; then running 227° True to the point of beginning.
(2) Whale Gizzard Shoal. All of the waters Chincoteague Bay enclosed by a line beginning at a point at or near Lat. 38°5.288' N, Long. 75°15.311' W; then running 271° True to a point at or near Lat. 38°5.303' N, Long. 75°16.148' W;, then running 4° True to a point at or near Lat. 38°5.775' N, Long. 75°16.106' W; then running 76° True to a point at or near Lat. 38°5.932' N, Long. 75°15.288' W; then running 182° True to the point of beginning.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.23 - Shellfish Aquaculture and Leasing › Section 08.02.23.07 - Demonstration Lease Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility. The Department may only issue a demonstration lease to be used exclusively for educational, conservation, or ecological purposes to:
(1) A public high school;
(2) An incorporated college or university within the State;
(3) A 4-H club; or
(4) A nonstock, nonprofit corporation organized under the laws of the State.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.23 - Shellfish Aquaculture and Leasing › Section 08.02.23.08 - Shellfish Nursery Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) An individual shall submit an application for a shellfish nursery permit prior to engaging in shellfish nursery activities.
(2) An application shall be submitted on a form provided by the Department.
(3) The fee for a shellfish nursery permit application shall be $100 and shall be nonrefundable.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.24 - Seafood Marketing - Transferred › Section 08.02.24.01 - True Blue Marketing Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
(1) In this chapter, the following term has the meaning indicated.
(2) Term Defined. "True Blue" means a certification from the Department verifying that a food service establishment is selling blue crab product harvested or processed in Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.25 - Gear › Section 08.02.25.02 - Recreational Gear- Nontidal Waters

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational Gear.
(1) An individual may only use the gear specified in this regulation to catch fish for recreational purposes from nontidal waters.
(2) An individual shall comply with all seasons, creel limits, size limits, and other species-specific regulations as specified under this subtitle and Natural Resources Article, Title 4, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.25 - Gear › Section 08.02.25.03 - Recreational Gear-Tidal Waters

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational Gear.
(1) Recreational gear for catching clams, crabs and oysters is regulated elsewhere in Natural Resources Article, Title 4, Annotated Code of Maryland and COMAR 08.02 and is excluded from this regulation.
(2) An individual may only use the gear specified in this regulation to catch fish for recreational purposes from tidal waters.
(3) An individual using gear in accordance with this chapter shall comply with all seasons, creel limits, size limits, and other species-specific rules as specified under this subtitle and Natural Resources Article, Title 4, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.25 - Gear › Section 08.02.25.04 - Commercial Gear - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual is not considered in violation of Natural Resources Article, §
									4-505, Annotated Code of Maryland, if the individual:
(1) Is designated as an operator or co-user in accordance with this subtitle; or
(2) Harvests fish in accordance with §B of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.25 - Gear › Section 08.02.25.05 - Commercial - Archery Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Archery equipment shall have a retrieval line attached to any projectile.
B. An individual may use archery equipment to take any fish during an open commercial season except for the following species:
(1) All shark species;
(2) American lobster;
(3) Muskellunge;
(4) Muskellunge hybrids, including tiger musky;
(5) Northern pike;
(6) Snapping turtles;
(7) Striped bass;
(8) Striped bass hybrids;
(9) Walleye; and
(10) Any species listed as threatened or endangered under COMAR 08.03.08.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.25 - Gear › Section 08.02.25.06 - Commercial - Finfish Trotlines

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not set or fish a finfish trotline within 100 feet of another individual's set trotline.
B. The length of a finfish trotline is measured along the baited portion of the line.
C. Except as provided in §H of this regulation, a finfish trotline:
(1) May not exceed 1,200 feet in length;
(2) May not be baited with live bait; and
(3) Shall only be rigged with circle hooks with a minimum size of 5/0.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.25 - Gear › Section 08.02.25.07 - Commercial - Pound Nets

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) For purposes of this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Co-user" means an individual who is:
(i) Properly licensed in accordance with Natural Resources Article, §
												4-701, Annotated Code of Maryland;
(ii) Designated in writing to the Department by the registrant; and
(iii) Authorized to harvest fish from the specified pound net site.
(b) "Registrant" means the individual who registered the pound net site and owns the pound net.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.25 - Gear › Section 08.02.25.08 - Commercial - Haul Seines

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may use a haul seine in accordance with Natural Resources Article, §
									4-713, Annotated Code of Maryland, during the period from 12:01 a.m. Saturday until sunrise on Monday only if the individual notifies the Department in accordance with §B of this regulation at least 24 hours in advance of the activity.
B. Prior to using a haul seine during the period from 12:01 a.m. Saturday until sunrise on Monday an individual shall:
(1) Call the Natural Resources Communication Center a minimum of 24 hours in advance of the activity; and
(2) Provide the following information to the operator:
(a) Name of the commercial licensee;
(b) Commercial license number;
(c) Name of the vessel;
(d) Date the activity will occur; and
(e) Location of the activity, including the National Oceanic and Atmospheric Administration fishing area code.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.26 - Shell Recycling Tax Credit › Section 08.02.26.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Aggregation site" means a location where shell donated for recycling is stored or aged prior to being replanted in State waters.
(2) "Bushel" means an amount of oyster shells that will fill a 10-gallon container, or about 500 shells.
(3) Business Entity.
(a) "Business entity" means:
(i) A person conducting or operating a trade or business in Maryland; or
(ii) An organization operating in Maryland that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code.
(b) "Business entity" includes a person operating a landfill or solid waste acceptance facility permitted under COMAR 26.04.07.
(4) "Certified recycled shell collector" means:
(a) A business entity certified by the Department under Regulation .06 of this chapter to verify amounts of recycled oyster shell; or
(b) The Department.
(5) "Comptroller" means the Maryland Comptroller of the Treasury, or the Comptroller's designee.
(6) "Corporation" includes an association or joint-stock company.
(7) "Department" means the Maryland Department of Natural Resources.
(8) "Person" includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or private corporation, or any other entity.
(9) Shell Recycler.
(a) "Shell recycler" means a person that donates shell for replanting in Maryland tidal waters.
(b) "Shell recycler" does not include a person that receives compensation for the shell donation.
(10) "Taxable year" means the period for which Maryland taxable income is computed under Tax-General Article, Title 10, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.26 - Shell Recycling Tax Credit › Section 08.02.26.02 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible for a State income tax credit under this chapter, a shell recycler shall:
(1) Prior to donating shell, complete an online registration as specified by the Department that includes the shell recycler's Tax Identification Number;
(2) Donate shell for recycling to a certified recycled shell collector; and
(3) Receive and maintain electronic invoice records from the Department, indicating for each shell donation:
(a) The name of the certified recycled shell collector;
(b) The date and location of the shell donation; and
(c) The number of bushels of shell donated.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.26 - Shell Recycling Tax Credit › Section 08.02.26.03 - Credit Allowances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Allowable Credit.
(1) A shell recycler may claim a tax credit against the State income tax in the amount specified in Tax-General Article, § 10-724.1, Annotated Code of Maryland, for each bushel of oyster shells recycled during the taxable year.
(2) A shell recycler may not claim a tax credit for bushels of shell that:
(a) Are collected by the shell recycler as a certified recycled shell collector; or
(b) Are replanted in an area leased by the shell recycler for commercial shellfish aquaculture.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.26 - Shell Recycling Tax Credit › Section 08.02.26.04 - Certification of Credit

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall certify to an eligible shell recycler the amount of the allowed tax credit approved by the Department for the shell recycler. The Department shall issue the certification by January 30 of the calendar year following the end of the taxable year in which the shells were recycled.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.26 - Shell Recycling Tax Credit › Section 08.02.26.05 - Claiming the Credit

Current through Register Vol. 51, No. 14, July 12, 2024
To claim the credits approved by the Department, an individual or corporation shall:
A. File with the Comptroller an income tax return for the taxable year in which the costs were incurred; and
B. Attach a copy of the Department's certification of the approved credit amount to the tax return.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.26 - Shell Recycling Tax Credit › Section 08.02.26.06 - Certified Recycled Shell Collector

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification of a Collector.
(1) A business entity may apply to the Department to be a certified recycled shell collector.
(2) An application shall:
(a) Be submitted on a form provided by the Department; and
(b) Include the applicant's:
(i) Name, address, and contact information;
(ii) Planned shell aggregation site; and
(iii) Planned method of storing and aging the shell.
(3) Upon receipt and review of an application for certification under this regulation, the Department may:
(a) Approve the application and issue the applicant a certificate designating the applicant a certified recycled shell collector; or
(b) Deny an application for reasonable cause.
(4) A certification issued to a recycled shell collector:
(a) Shall be valid for 1 year beginning on the day of issuance; and
(b) May be renewed for a new term upon the Department's receipt of a renewal application submitted as specified by the Department.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.02 - Use of Wildlife Areas › Section 08.03.02.01 - Definitions.

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Bait.
(a) "Bait" means fruit, vegetables, nuts, hay, corn, wheat, other feed, salt, or other mineral-based attractant intentionally placed, exposed, deposited, distributed, or scattered so as to serve as an attraction or enticement to forest game birds or mammals.
(b) "Bait" does not include standing crops or where fruit, vegetables, nuts, hay, corn, wheat, other feed, salt or other minerals have been scattered solely as the result of bona fide agricultural operations or procedures such as planting, harvesting, or livestock care.