reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.10 - Horseshoe Crabs › Section 08.02.10.01 - Horseshoe Crabs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Quota.
(1) The annual total allowable landings of horseshoe crabs for the commercial fishery shall be established and may be modified through a public notice issued in accordance with §G of this regulation.
(2) Any annual overages in the fishery will be deducted from the total fishery allotment for the following year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.11 - Fishing in Nontidal Waters › Section 08.02.11.01 - Trout Fishing and Management Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Basic Statewide Trout Fishing. Except as listed in §§B-I of this regulation, the following shall be in effect for trout fishing in all nontidal waters of the State:
(1) Open season-year around;
(2) Fishing hours-from 5:30 a.m. to 10 p.m.;
(3) Creel and possession limits (all species of trout) in aggregate - daily: 2, possession: 4;
(4) A trout is part of the daily creel and possession limit if it cannot freely swim away from a person;
(5) Minimum size (all species of trout)-no minimum size restriction.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.11 - Fishing in Nontidal Waters › Section 08.02.11.02 - 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) "Daily creel limit" means the total number of a species of fish that can be in an individual's possession while afield or on the water between 12:01 a.m. and midnight.
(2) "Possession limit" means the total number of a particular species, including the daily creel limit and any previously caught fish, that an individual may possess or control in any location.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.11 - Fishing in Nontidal Waters › Section 08.02.11.03 - Special Fisheries Management Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Largemouth Bass and Smallmouth Bass Slot Length Limit Fishing Areas.
(1) The following special regulations are in effect in these areas during the open season for largemouth and smallmouth bass:
(a) A person may possess five bass (largemouth and smallmouth bass in aggregate) per day while fishing in these areas;
(b) A person may not possess any largemouth bass or smallmouth bass from 11 inches up to but not including 15 inches total length while fishing in these areas;
(c) A person may possess one largemouth bass or smallmouth bass per day, 15 inches and over, while fishing in these areas.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.11 - Fishing in Nontidal Waters › Section 08.02.11.05 - Fee Fishing Lakes

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may issue permits authorizing the establishment and operation of artificial or man-made ponds or lakes owned, leased, or controlled by an individual, if they are constructed so as not to interfere with fishing rights or natural migration of fish if the Department determines that these lakes and ponds do not conflict with any reasonable prior public interest. Fishing in these areas may be permitted for payment of a fee and they may be stocked with fish artificially propagated by commercial hatcheries or purchased from persons licensed to sell fish.
B Any person desiring to operate a fee fishing lake under the Natural Resources Article, § 4-11 A-20, Annotated Code of Maryland, shall apply first to the Department for and secure a fee fishing lake permit costing $25 a year and expiring on the 31st day of December following date of issue. The applicant, in addition to other information required by the Department, shall state the size of the lake or pond, the location of the lake or pond, and the species of fish to be stocked. The permit shall entitle the holder and the holder's guests to fish for and take fish from the areas so licensed by any means, with the exception of explosives or chemicals. All fish removed under the terms of this permit shall be identified by a metal tag of a type approved by the Department or by a bill of sale when transported by tank. The fish may be taken without regard to seasons, creel, or possession limits.
C The permittee shall submit annual reports not later than the next January 10 following the date of expiration and the report shall accompany the application for renewal of the permittee's license.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.11 - Fishing in Nontidal Waters › Section 08.02.11.06 - Youghiogheny River Lake

Current through Register Vol. 51, No. 14, July 12, 2024
A. All species of Trout and Salmon.
(1) The following apply from 8 a.m. the first Saturday after April 11 through Labor Day:
(a) The minimum size is 7 inches; and
(b) The daily catch limit is 5 (combined species).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.11 - Fishing in Nontidal Waters › Section 08.02.11.08 - Special Regulations for Deer Creek and Swan Creek

Current through Register Vol. 51, No. 14, July 12, 2024
A. Manner of Fishing. Subject to the provisions of §C of this regulation, a person may catch or attempt to catch fish in Deer Creek and Swan Creek only by hook and line, with the line held in hand, attached to a pole or rod held in hand, or attended in a manner that the fish voluntarily takes bait or lure in its mouth.
B. Prohibited Bait. A person may not possess or use minnows for bait while fishing in Deer Creek and Swan Creek.
C. Scientific Collection Permit. A person may collect fish and eggs for scientific purposes in Deer Creek and Swan Creek only if he first obtains a special scientific permit for these waters from the Department. Any scientific permit issued before January 1, 1975, for the collection of fish and eggs is revoked with respect to the collection of fish and eggs in Deer Creek and Swan Creek.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.12 - Endangered and Threatened Fish Species › Section 08.02.12.01 - 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) "Endangered species" means any species whose continued existence as a viable component of the State's fish resources is determined to be in jeopardy, including any species of fish determined to be an "endangered species" pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§
											1531- 1543.
(2) "Species in need of conservation" means any species which:
(a) May become threatened in the foreseeable future;
(b) Has a limited or declining population; and
(c) Has been determined by the Secretary to be in need of conversation measures for its continued ability to sustain itself successfully.
(3) "Threatened species" means any species of fish which appears likely, within the foreseeable future, to become endangered, including any species of fish determined to be a "threatened species" pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§
											1531- 1543.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.12 - Endangered and Threatened Fish Species › Section 08.02.12.02 - Factors for Endangered or Threatened Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Determination Pursuant to the Endangered Species Act.
(1) Any species of fish determined to be an endangered species pursuant to the Endangered Species Act shall be considered an endangered species under the provisions of this subtitle.
(2) Any species of fish determined to be a threatened species pursuant to the Endangered Species Act shall be considered a threatened species under the provisions of this subtitle.
(3) The Secretary may determine, in accordance with this regulation, that any threatened species is an endangered species throughout all or any portion of the range of the species within the State.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.12 - Endangered and Threatened Fish Species › Section 08.02.12.04 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as authorized by Natural Resources Article, § 4-2 A-08(a), Annotated Code of Maryland, or by a permit issued by the Secretary under §B of this regulation, a person may not take, possess, transport, export, process, sell, offer for sale, deliver, carry, or ship any fish of the species listed in Regulation .03A and B of this chapter.
B. Permit to Take or Possess Endangered or Threatened Species.
(1) The Secretary may issue a permit, under the terms and conditions he prescribes, to allow the taking or possession of species listed in Regulation.03A and B of this chapter for:
(a) Scientific purposes;
(b) Enhancing the propagation and survival of a species; or
(c) Aquaculture purposes in accordance with COMAR 08.02.14.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.13 - Fishing Licenses-Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure › Section 08.02.13.01 - Purpose and Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes suspension and revocation criteria for fishing privileges under Natural Resources Article, Title 4, Annotated Code of Maryland.
B. Definitions.
(1) For purposes of this chapter, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Conviction" includes:
(i) A guilty verdict or accepted plea of nolo contendere;
(ii) An admission of guilt to any charge made by the prepayment of the applicable fine instead of appearing for trial; or
(iii) Each charged violation merged into a conviction.
(b) "Entitlement to engage in a particular activity or activities under a tidal fish license" means the privilege to engage in commercial fishing activities without holding a tidal fish license and includes the privilege to work as a crew member or other assistant to a tidal fish licensee.
(c) "Revocation" means the act of the Department permanently rescinding a fishing license, authorization, or entitlement and thereby permanently prohibiting a person from engaging in a fishing activity or activities under any circumstances.
(d) "Suspension" means the act of the Department temporarily rescinding a fishing license, authorization, or entitlement and thereby temporarily prohibiting a person from engaging in a fishing activity or activities under any circumstances.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.13 - Fishing Licenses-Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure › Section 08.02.13.02 - Commercial License Suspension and Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person shall be notified when their tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is or may be subject to suspension or revocation.
B. Before the Department imposes a suspension or revocation under this regulation, a person is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §
									4-701, Annotated Code of Maryland.
C. The Department may enter into a Consent Agreement for a period of suspension or revocation with a person who waives their right to a contested case hearing.
D. Suspension and Revocation.
(1) The suspension and revocation schedule in §D(3) of this regulation establishes the maximum number of days that a person's tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license may be suspended or revoked through the accumulation of points. A lesser penalty may be imposed at the Department's discretion if the circumstances warrant it, to include consideration of the person's disciplinary record and the person's agreement to comply with any conditions that the Department may reasonably require.
(2) Points are assigned to convictions by tier based on the severity of the violation.
(3) A person who in any 2-year period accumulates the number of points provided below shall be penalized in accordance with the following schedule:
Number of Points Accumulated in Any 2-Year Period
Maximum Period of Suspension or Revocation
10
30-day suspension
15
60-day suspension
20
90-day suspension
25
180-day suspension
30
365-day suspension
35
Revocation
(4) The Department shall administer the point system in order to:
(a) Deter future wrongdoing; and
(b) Conserve fisheries.
(5) A person who receives a third suspension or revocation within a 6-year period pursuant to any provisions of Regulation .02 or .03 of this chapter is subject to an additional suspension of their tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license for a period not to exceed 5 years.
(6) When a person accumulates 25 points or more, is eligible for suspension for at least 180 days, or is eligible for revocation, for a commercial fishing violation, the Department may prohibit that person from transferring or obtaining a tidal fish license or authorization before any suspension or revocation is imposed.
(7) A lesser penalty may be imposed at the Department's discretion, including consideration of the person's disciplinary record, an agreement to comply with any conditions that the Department may reasonably require, and any other mitigating circumstances.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.13 - Fishing Licenses-Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure › Section 08.02.13.05 - Recreational Fishing Suspension and Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any person who is convicted of an offense under §§D- H of this regulation or similar offenses under federal law in Maryland may:
(1) Have all recreational fishing licenses issued by the Department revoked;
(2) Be prohibited from engaging in any recreational fishing for the period of time described in §§D- H of this regulation;
(3) Be prohibited from applying for any recreational fishing licenses for the period of time described in §§D- H of this regulation;
(4) Not engage in any recreational fishing activities during a resulting period of suspension.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.13 - Fishing Licenses-Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure › Section 08.02.13.06 - Commercial Fishing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any person licensed to fish commercially shall accurately record their catch on forms provided by the Department.
B. During any season a licensee is authorized to fish commercially the licensee shall:
(1) Accurately record their catch on the report or reports described in §C of this regulation or a comparable federal form approved by the Department; and
(2) Unless the licensee has indicated on a form provided by the Department that the licensee will not be participating in a fishery for a particular period of time, the licensee shall submit the completed report or reports to the Department in accordance with §D of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.13 - Fishing Licenses-Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure › Section 08.02.13.07 - Commercial Charter Boat and Fishing Guide License Suspension Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person guiding fishing parties in Maryland in any capacity shall be notified that their tidal fish license, authorization, or entitlement to guide fishing parties may be subject to suspension or revocation whenever that fishing guide has been convicted for violating any of the provisions described in Regulation .08D-J of this chapter.
B. Before the Department imposes a suspension or revocation under this regulation, an individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §
									4-701, Annotated Code of Maryland. The Department may agree to a period of suspension or revocation with a fishing guide before proceeding to a contested case hearing.
C. The Department may enter into a Consent Agreement for a period of suspension or revocation with a person who waives their right to a contested case hearing.
D. A lesser penalty may be imposed at the Department's discretion including consideration of the person's disciplinary record, an agreement to comply with any conditions that the Department may reasonably require, and any other mitigating circumstances.
E. Suspension and Revocation Schedule.
(1) The suspension and revocation schedule in §C(3) of this regulation establishes the maximum number of days that a fishing guide's tidal fish license, authorization, or entitlement to guide fishing parties may be suspended or revoked through the accumulation of points. A lesser penalty may be imposed at the Department's discretion if the circumstances warrant it, to include consideration of the fishing guide's disciplinary record and the fishing guide's agreement to comply with any conditions that the Department may reasonably require.
(2) Points are assigned to convictions by tier based on the severity of the violation.
(3) A fishing guide who in any 2-year period accumulates the number of points provided below shall be penalized in accordance with the following schedule:
Number of Points Accumulated in Any 2-Year Period
Maximum Period of Suspension or Revocation
10
30-day suspension
15
60-day suspension
20
90-day suspension
25
180-day suspension
30
365-day suspension
35
Revocation
(4) The Department shall administer the point system in order to:
(a) Deter future wrongdoing; and
(b) Conserve fisheries.
(5) A fishing guide who has been suspended three times within a 6-year period under Regulation .07 or .08 of this chapter may have their tidal fish license, authorization, or entitlement to guide fishing parties suspended for up to 5 years.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.13 - Fishing Licenses-Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure › Section 08.02.13.09 - Revocation of a Striped Bass or Crab Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) Egregious means an offense which displays a wanton disregard for a requirement of the striped bass or crab fishery.
(b) Knowingly means the specific intent to violate a requirement of the striped bass or crab fishery.
(c) Repeat means:
(i) Three or more offenses in the striped bass or crab fishery on separate days in a single season;
(ii) A series of offenses in the striped bass or crab fishery which are part of an ongoing scheme or conspiracy; or
(iii) A series of similar offenses committed over any period of time which collectively display a wanton disregard for the requirements of the striped bass or crab fishery.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to the collection, permitting, possession, production, processing, marking, transporting, purchase, or sale of fish or aquatic plants, except for shellfish aquaculture on a leased or licensed area as described in COMAR 08.02.23, which are the products of, or intended to be used for, aquaculture as that term is defined in Natural Resources Article, § 4-11 A-01, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to encourage the orderly development of an aquaculture industry in Maryland, while ensuring that aquaculture operations do not adversely impact upon the State's wild stocks of fish.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.03 - 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 commercial rearing of the species of fish or aquatic plants listed in Regulation .07, or as otherwise permitted by these regulations. It includes one or more activities which are related to the production of fish or aquatic plants.
(2) "Aquaculture activities" means those activities which may include the purchase, sale, possession, capture, production, breeding, transportation, and processing of fish or aquatic plants.
(3) "Fish" means finfish, crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life cycle in water, and any part, egg, offspring, or dead body of any of these species.
(4) "Hybrid" means the offspring of any species of fish of genetically dissimilar parents or stock.
(5) "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, tax ditches, and public drainage systems within the State.
(6) "Native species" means any species of fish which historically has lived, grown, and reproduced in Maryland's waters.
(7) "Naturalized species" means any species of fish which, though not indigenous to Maryland, has acclimated, or adapted to life in Maryland's waters so that the species has been documented as having lived, grown, and reproduced in Maryland for more than 10 years.
(8) "Non-native species" means a species of fish that is not a native or naturalized species of fish as defined in this regulation.
(9) "Permittee" means a person authorized by the Department to engage in aquaculture activities, including the permittee's agents or employees.
(10) "Person" includes:
(a) The State, county, municipal corporation, or other political subdivision of the State, and any of their units;
(b) An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; or
(c) Any partnership, firm, association, public or private corporation, or any other entity.
(11) "Processed" means prepared or converted to a form other than the whole animal.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.04 - Permit Requirements for Aquacultural Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not engage in aquaculture or related activities, own or operate an aquaculture facility, or propagate fish for aquacultural purposes without first obtaining a permit from the Department.
B. A person may not conduct aquacultural activities involving finfish in the tidal waters of the State without first obtaining a permit from the Department.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.05 - Types of Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may issue permits to engage in the following aquacultural activities:
(1) The aquaculture of native and naturalized species of fish or aquatic plants listed in Regulation .07;
(2) The aquaculture of any native or naturalized species of fish, or aquatic plants not listed in Regulation .07, or any non-native species of fish or aquatic plants, provided the application satisfies the criteria set forth in applicable statutes and these regulations;
(3) The aquaculture of species listed as threatened or endangered under Maryland's Endangered Species of Fish Conservation Act, Natural Resources Article, § 4-2 A-04, Annotated Code of Maryland, listed in Regulation .07, after January 1, 1990;
(4) The capture of brood stock;
(5) The aquaculture of shellfish in confined, on-shore facilities; or
(6) Demonstration and experimental aquaculture of native or naturalized finfish in the tidal waters of the State.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.06 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. One or more of the activities specified in Regulation .05A may be requested in the same application.
B. On an application form provided by the Department, a person who wishes to engage in aquaculture or aquacultural activities in Maryland (referred to as "applicant") shall provide the:
(1) Name and address of the applicant;
(2) Type and location of the facility or proposed facility, if any;
(3) Species of fish or aquatic plant for which a permit is sought;
(4) Type of water supply and location of nearest body of water that has an inlet or outlet water flow;
(5) Type of aquacultural activity or activities proposed; and
(6) Estimate of production capacity.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.07 - Permitted Species

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may issue permits for the following species or families of fish and aquatic plants:
(1) Fish.
Common Name
Scientific Name
(a) American Eel
Anguilla rostrata
(b) American Shad
Alosa sapidissima
(c) Rainbow Trout
Oncorhynchus mykiss
(d) Brown Trout
Salmo trutta
(e) Brook Trout
Salvelinus fontinalis
(f) Golden Shiner
Notemigonus crysoleucas
(g) Fathead Minnow
Pimephales promelas
(h) Goldfish
Carassius auratus
(i) Catfish family
Ictaluridae
(j) Temperate Basses
Moronidae
(k) Sunfish family
Centrarchidae
(l) Perch family
Percidae
(m) Red Drum
Sciaenops ocellatus
(n) Pike family
Esocidae
(o) American Oyster
Crassostrea virginica
(p) Hard Clams
Mercenaria
(q) Crayfish family
Asticidie
(r) Surf Clams
Mactridae
(2) Threatened or Endangered Species of Fish and Aquatic Plants. Except as provided in §B, of this regulation, the Department may issue permits for any species of fish or aquatic plants listed as threatened or endangered in Maryland, including striped bass and hybrids of striped bass, unless issuance of the permit is precluded under federal law.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.08 - General Terms and Conditions Applicable to Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following terms and conditions apply to permits issued under the authority of this chapter, whether expressly set forth in the permit document itself or not:
(1) Finfish products of any aquacultural activity shall be identified as such in accordance with Regulation .10E, of this chapter.
(2) A person conducting aquacultural activities shall display the appropriate aquaculture permit at the aquaculture facility, or have the permit in possession for activities authorized at sites other than an identified aquaculture facility. The permit shall be made available for inspection at reasonable times upon request by the Department.
(3) A person operating a permitted aquaculture facility shall:
(a) Allow the Department to inspect the facility, equipment, and fish or aquatic plants at reasonable hours;
(b) Maintain fish production records on a quarterly basis which estimate stocks on hand at the facility by species;
(c) Maintain shipping and receiving records by species of the distribution of fish or aquatic plants to or from a permitted facility; and
(d) Notify the Department immediately upon the discovery of any disease affecting the fish or plants at the facility that has the potential to contaminate native or naturalized species of fish.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.09 - Approval of Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may issue a permit to engage in aquaculture activities authorized by law and these regulations, after receipt and approval of a completed application.
B. Permits issued by the Department shall be:
(1) Valid for a 5-year period, and expire on December 31 of the fifth year after issuance;
(2) Issued for each facility separately.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.10 - Special Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Native or Naturalized Species. Facilities which produce native or naturalized fish species listed in Regulation .07 shall confine production to the permitted location.
B. Non-native Species.
(1) A person may not conduct aquaculture activities using non-native fish except in approved nontidal ponds, lakes, and impoundments.
(2) Facilities approved for non-native or hybrid finfish in nontidal ponds, lakes, and impoundments shall be constructed to assure that non-native stocks are precluded from entering the tidal waters of the State. A facility may not discharge its effluent directly or indirectly into Maryland waters without approved treatment.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.11 - Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permittee shall submit an annual report of activities undertaken under the permit on a form provided by the Department.
B. A permittee shall furnish other information necessary to complete an application, or to report on activities conducted under the permit.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.14 - Aquaeulture Permits › Section 08.02.14.12 - Suspension or Revocation of Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may suspend or revoke a permit of a permittee who violates the terms or conditions of the aquaculture permit, these regulations, or the laws governing aquaculture in Maryland.
B. If the Department has reason to believe that a permittee is violating the permit, these regulations, or any of the laws governing aquaculture, the Department shall issue a notice of violation to the permittee.
C. A notice of violation shall set forth the facts which the Department believes warrant suspension or revocation of the permit and give the permittee an opportunity to request a contested case hearing.
D. Hearings shall be conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland and COMAR 08.01.04.
E. Nothing in these regulations shall be construed as preventing the Department from seeking any appropriate form of judicial relief against a permittee.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.15 - Striped Bass › Section 08.02.15.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except in accordance with COMAR 08.02.05, 08.02.11, 08.02.14, and this chapter, it is illegal for a person to take, possess, transport, export, process, sell, offer for sale, or ship any striped bass (Morone saxatilis), including striped bass taken in the State's Territorial Sea and the Exclusive Economic Zone (EEZ), as defined by the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. Ch. 38 §§ 1801 et seq., and which extends from 0 to 200 nautical miles from the coastline of the United States.
B. For purposes of this chapter, a hybrid of striped bass is deemed to be of the species striped bass.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.15 - Striped Bass › Section 08.02.15.02 - 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) "Allocation" means pounds or numbers of striped bass which a striped bass permittee is provided on an annual basis.
(2) "Commercial tidal fish licensee" means a person licensed by the Department to catch and sell finfish.
(3) "Common Pool" means the fishery in the Chesapeake Bay and its tidal tributaries comprised of the striped bass permittees who have chosen to combine their allocation with other striped bass permittees' allocations. The total shared allocation is then available to be fished by all of those contributing striped bass permittees.
(4) "Facility" means a building or any part of a building, including a tank, refrigerator, or freezer.
(5) "Fishing guide licensee" means a person who has a fishing guide tidal fish license and, when fishing in tidal waters of the Chesapeake Bay and its tributaries, a Maryland special charter boat license as provided under Natural Resources Article, §
										4-745, Annotated Code of Maryland.
(6) "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.
(7) "Individual Transferrable Quota" means the fishery in the Chesapeake Bay and its tidal tributaries that provides exclusive privileges to an individual by assigning a fixed share of the commercial striped bass quota to each individual registered with a striped bass permit.
(8) "Quota year" means a period of time beginning January 1 and ending the following December 31.
(9) "Striped bass permit" means a permit issued by the Department which allows a person the privilege to commercially harvest striped bass.
(10) "Share" means a percentage of the quota that is assigned to a specific striped bass permittee.
(11) "Tag" means the device approved by the Department that is used to identify the harvest year, harvest gear, and individual that commercially harvested a striped bass.
(12) "Target harvest" means pounds or numbers of striped bass allowed by the Department to be harvested in a quota year.
(13) "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.
(14) "Whole fish" means the complete animal, including head, tail, gills, and viscera, not dismembered in any fashion.
(15) "Year class" means striped bass born in a given year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.15 - Striped Bass › Section 08.02.15.04 - Tidal Fish Licensee Intent to Fish

Current through Register Vol. 51, No. 14, July 12, 2024
A. Striped Bass Permit.
(1) The total number of permits authorizing commercial licensees to fish for striped bass may not exceed:
(a) 1,231 for commercial tidal fish licensees; and
(b) 499 for fishing guide licensees.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.15 - Striped Bass › Section 08.02.15.05 - Disposition of Catch

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permits and Tags.
(1) Prior to the start of a striped bass season, the Department shall provide tamper-evident locking tags to each commercial tidal fish licensee who is authorized to participate in a commercial striped bass fishery.
(2) A commercial tidal fish licensee who catches striped bass for sale shall:
(a) Have in possession:
(i) A commercial tidal fish license;
(ii) A striped bass permit; and
(iii) Unused tamper-evident tags issued by the Department to the licensee or received by the licensee through a transfer;
(b) In the Atlantic fishery, securely affix a tag issued by the Department to the licensee, as provided in §A(1) of this regulation, or a tag received through a transfer, through the mouth and one gill opening:
(i) Immediately to a striped bass harvested by hook and line;
(ii) Within 200 yards of the pound net to a striped bass harvested from a pound net; or
(iii) Before removing a striped bass from a boat or removing a boat from the water, to a striped bass harvested by any other gear;
(c) In the Chesapeake Bay individual transferable quota fishery, securely affix a tag issued by the Department to the licensee, as provided in §A(1) of this regulation, or a tag received through a transfer, through the mouth and one gill opening before removing a striped bass from a boat or removing a boat from the water; and
(d) Except as required by Regulation .04F and G of this chapter, return the assigned striped bass permit or permits and any unused tags to the Department within 14 days immediately following the end of the quota year.
(3) Striped bass tags:
(a) May not be reused, defaced, modified, or counterfeited;
(b) Shall reflect the commercial fishery in which the striped bass were harvested;
(c) Shall be securely affixed to a whole striped bass or accompany fillets until sale to the final consumer;
(d) Shall only be used by the commercial tidal fish licensee to whom they were assigned, except as described in §A(3)(e) of this regulation; and
(e) Shall be transferred to the recipient of any allocation or shares in a transfer as described in COMAR 08.02.15.04.
(4) The Department may not provide replacement tags for tags that are lost.
(5) A commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota or Atlantic fisheries shall receive a fixed number of tags.
(6) Only striped bass tags issued by the Department may be on board a vessel while engaged in fishing for striped bass in the Chesapeake Bay and its tidal tributaries.
(7) A striped bass permit and striped bass tags for only one commercial fishery may be on board a vessel at any one time.
(8) A packer or dealer may only be in possession of striped bass tagged in accordance with §A(3) of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.15 - Striped Bass › Section 08.02.15.06 - Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. Reporting Requirements.
(1) The reporting week for a commercial tidal fish or fishing guide licensee participating in a striped bass season is Sunday through Saturday.
(2) A check station Department representative shall maintain harvest information and transmit reports to the Department daily or as requested, during a commercial striped bass season.
(3) A packer or dealer shall maintain logs of each striped bass transaction as required, and transmit through the Department approved reporting system the information to the Department daily, or as requested.
(4) The Department shall provide the required report forms or reporting mechanism.
(5) A tidal fish licensee shall return the forms containing catch and landing information to the Department in the time period specified by the Department.
(6) In addition to any other penalty, failure to submit a report as required by this chapter may result in license revocation under Natural Resources Article, §
										4-701, Annotated Code of Maryland.
(7) A striped bass permittee shall contact the Department with specified fishing trip information prior to leaving the dock and prior to returning to the dock as described in a public notice disseminated in accordance with Regulation .12H of this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.15 - Striped Bass › Section 08.02.15.10 - Recreational and Charter Boat Summer and Fall Fishery for Maryland Tributaries of the Potomac River

Current through Register Vol. 51, No. 14, July 12, 2024
A. Season. Except for the closure specified in Regulation .121(6) of this chapter, the recreational and charter boat summer and fall season in the:
(1) Areas described in Regulation .08D(3) of this regulation is May 16 through May 31; and
(2) Maryland tributaries of the Potomac River downstream of Woodrow Wilson Bridge (I-95) is June 1 through December 10.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.15 - Striped Bass › Section 08.02.15.11 - Atlantic Coast Recreational and Charter Boat Fishery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Minimum Size. A person may catch or possess striped bass in the Atlantic Ocean, its coastal bays, and their tributaries between 28 inches and 38 inches, inclusive, total length, or 44 inches or larger, total length.
B. Catch Limit. A person may not take or possess more than two striped bass per day.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.15 - Striped Bass › Section 08.02.15.12 - General Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not use a gaff or similar device to remove striped bass from the water. A person who catches striped bass shall remove it from the water only by hand or dip net.
B. Possession of Striped Bass.
(1) For purposes of this section, "cull" means that after a person has a striped bass in possession, the person discards or exchanges that striped bass to possess another striped bass.
(2) During a recreational striped bass season:
(a) Between 12 a.m. midnight and 5 a.m., a person may not possess striped bass while fishing on the tidal waters of the Chesapeake Bay and its tributaries; and
(b) An individual may not cull striped bass.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.16 - Oyster Recovery Areas › Section 08.02.16.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to oyster recovery areas and the types of activities which can be conducted in these areas.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.16 - Oyster Recovery Areas › Section 08.02.16.02 - 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) "Certified seed" or "certified oyster" means seed oysters having zero prevalence and intensity of MSX and dermo at the time of planting, as determined by current technology.
(2) "Oyster recovery areas (ORA)" means the geographic areas in the Chesapeake Bay and its tributaries designated for management actions.
(3) "Zones" means geographic areas within oyster recovery areas where specific management actions may occur and which are designated as Zones A, B, or C.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.16 - Oyster Recovery Areas › Section 08.02.16.03 - Oyster Recovery Areas

Current through Register Vol. 51, No. 14, July 12, 2024
The following tributaries of the Chesapeake Bay are designated as oyster recovery areas for specific management actions:
A. Chester River;
B. Choptank River;
C. Severn River;
D. Magothy River;
E. Nanticoke River; and
F. Patuxent River.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.16 - Oyster Recovery Areas › Section 08.02.16.04 - Zone Lines

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following geographic areas in §B-G of this regulation designate zones within each ORA for specific management actions.
B. Chester River.
(1) Zone A is upstream from a line which runs from Lat. 39°06'31.6", Long. 76°07'06.8" southeast from Deep Point across the river to Lat. 39°06'11.5", Long. 76°06'48.8" east of Spaniard Point.
(2) Zone B is upstream from a line connecting Spaniard Point at Lat. 39°05'33.2", Long. 76°08'43.8" with the other side of the river in a northwest direction to Lat. 39°06'16.0", Long. 76°09'37.1" up to the boundary of Zone A.
(3) Zone C is downstream from the lower boundary of Zone B to the mouth of the river defined by a line from Love Point to the northwest tip of Eastern Neck Island.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.16 - Oyster Recovery Areas › Section 08.02.16.05 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Shellfish Harvest. Except as provided in §C of this regulation, shellfish harvesting is prohibited in an area designated as Zone A listed in Regulation .03 of this chapter.
B. Seed Certification. Only certified seed shall be planted in areas designated as Zone A and Zone B.
C. Chester River. Clam harvesting is permitted in an area designated as Zone A listed in Regulation .04B of this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.17 - Fish Refuges › Section 08.02.17.02 - Chicamuxen Creek

Current through Register Vol. 51, No. 14, July 12, 2024
A person may not enter, remain in, or catch or attempt to catch fish in the designated portion of Chicamuxen Creek, north of Linton Point off the Potomac River in Charles County, which encompasses the area northeast of a line running from a point at or near the shore defined by Lat. 038°32'30.7"N., Long. 077°13'59.0"W., then running approximately 184°True to a point at or near the shore defined by Lat. 038°32'13.7"N., Long. 077°14'00.7"W., from March 1 through June 15. This defined portion of Chicamuxen Creek is designated as a State fish refuge during this time period.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.18 - Fishing Guide Provisions › Section 08.02.18.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to an individual who is licensed in accordance with Natural Resources Article, §
									4-210 or  4-210.1, Annotated Code of Maryland, to accept direct or indirect consideration for providing services as a fishing guide to an individual fishing in the waters of the State. This chapter also applies to an individual under the guidance of the licensee.