reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.01 - Patent Tong Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not use patent tongs to catch oysters in any of the waters listed in this section.
(1) Tidal waters of the following counties, other than those waters included as part of the Chesapeake Bay, Tangier Sound, and Pocomoke Sound as defined by COMAR 08.02.01.06B:
(a) Wicomico County;
(b) Queen Anne's County, except as provided in §B(5) of this regulation;
(c) Talbot County;
(d) Dorchester County; and
(e) Kent County, except as provided in §§B(1)-(4) of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.02 - Recreational Oyster Fishery

Current through Register Vol. 51, No. 14, July 12, 2024
A. The recreational season, daily catch limits, days of the week, and times for catching oysters shall be established, and may be modified, through a public notice issued in accordance with Regulation .11 of this chapter.
B. The Department shall issue a public notice that establishes the parameters described in §A of this regulation for the recreational oyster fishery not later than July 1 of each year.
C. Prohibition. Except as specified in this regulation and in any public notice issued in accordance with Regulation .11 of this chapter, it is illegal for a person to catch oysters for recreational purposes.
D. Lawful Methods. A person may catch oysters for recreational purposes only by hand, rake, shaft tong, or diving with or without scuba equipment.
E. A person may not take oysters for recreational purposes while aboard a vessel where any other person is engaged in commercial oystering.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.03 - Catching Oysters for Commercial Purposes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Season, Days, and Catch Limits.
(1) The season for catching oysters and the days of the week that an individual may catch oysters for commercial purposes shall be established for each gear type, and may be modified, through a public notice issued in accordance with Regulation .11 of this chapter.
(2) The daily commercial catch limits shall be established for each gear type, and may be modified, through a public notice issued in accordance with Regulation .11 of this chapter.
(3) The Department shall issue a public notice that establishes the parameters described in §A(1) and (2) of this regulation for the commercial oyster fishery not later than July 1 of each year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.04 - Oyster Container and Tagging Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Containers.
(1) Oysters harvested from waters of the State shall be stored prior to leaving the bar from which they were harvested in a:
(a) Metal oyster tub that does not exceed the following inside dimensions:
(i) 18 inches top diameter;
(ii) 16-1/2 inches bottom diameter; and
(iii) 12 inches height;
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.05 - Use of Diving Apparatus to Catch Oysters Commercially

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements.
(1)
										 When using diving apparatus to catch oysters for commercial purposes, the diver or the diver's attendant shall be authorized to catch oysters for commercial purposes in accordance with Natural Resources Article, §
										4-701, Annotated Code of Maryland.
(2) Not more than two divers may work from a boat at one time.
(3) Each diver shall have one attendant on the boat.
(4) If there is more than one diver on the boat, a different attendant shall be present for each diver.
(5) A diving flag that is a rigid replica of the International Code Flag "A" not less than 1 meter in height shall be displayed while the diver is in the water.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.07 - Election of Committees of Oystermen

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility for Oyster Committee Members. A licensed oyster harvester who has paid the oyster license surcharge for the current license year or for at least one of the previous two license years is eligible to be a representative on a county oyster committee.
B. Balloting Procedure.
(1) When an election for a county is to be held, the Department shall publish notice of the election on the Department's website. The notice shall state the ballot procedure.
(2) A licensed oyster harvester may vote only for the oyster committee candidates for the county in which the licensed oyster harvester resides. The elections shall be conducted by the Department and shall be by secret ballot. After the election has been closed, the Department shall tally and announce the results. The persons receiving the most votes shall be elected to the vacancies on the committee, and the Department shall notify those persons of their election by certified mail. If a person elected is unable or unwilling to serve on the committee, the person receiving the highest number of votes who is able or willing to serve shall be elected.
(3) If a vacancy cannot be filled because two or more persons have received an equal number of votes, the representative shall be selected by a process determined by the Department in consultation with the current oyster committee of the county in which the tie occurred.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.10 - Dredging with an Auxiliary Yawl Boat

Current through Register Vol. 51, No. 14, July 12, 2024
A. A dredge boat may be propelled by means of an auxiliary yawl boat carried on the dredge boat to catch oysters in areas where dredge boats are permitted, except in:
(1) The waters upstream of a line in the Choptank River extending from a point at or near Martin Point defined by Lat. 38°37.695' N, Long. 76°7.323' W; then running approximately 212° True to a point defined by Lat. 38°36.791' N, Long. 76°8.067'W;
(2) All of the waters enclosed by a line beginning at or near Kent Point, defined by Lat. 38°50.180' N, Long. 76°22.100' W; then running approximately 183° True to a point defined by Lat. 38°50.036'N, Long. 76°22.108' W; then running approximately 269° True to a point at or near Bloody Point Lighthouse defined by Lat. 38°50.027' N, Long. 76°23.511' W; then running approximately 354° True to a point defined by Lat. 38°51.958' N, Long. 76°23.547' W; then running approximately 4° True to a point defined by Lat. 38°56.762' N, Long. 76°22.807' W; then running approximately 19° True to a point south of the William Preston Lane Jr. Memorial Bridge defined by Lat. 38°59.3W N, Long. 76°21.908' W; then running approximately 102° True to a point defined by Lat. 38°58.911' N, Long. 76°20.087' W; then running southerly along the shore to the point of beginning; or
(3) Areas established as oyster sanctuaries in Regulation .15A of this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.11 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this chapter, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Bushel" means an amount of oysters that would fill a container that meets the requirements of Regulation .04A of this chapter.
(b) "Marketable oyster" means an oyster that measures at least 3 inches in length from hinge to bill.
(c) Oyster Harvest Area.
(i) "Oyster harvest area" means submerged ground where an individual may catch oysters.
(ii) "Oyster harvest area" does not include an area leased for aquaculture, restricted by the Maryland Department of the Environment, or designated as a submerged aquatic vegetation protection zone, harvest reserve area, or sanctuary.
(d) "Spat" means an oyster that measures less than 1 inch in length from hinge to bill.
(e) "Undersized oyster" means an oyster that measures at least 1 inch in length from hinge to bill and less than 3 inches in length from hinge to bill.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.12 - Power Dredging

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) Notwithstanding Natural Resources Article, §
										4-1012(b), Annotated Code of Maryland, a power dredge may only be used in the following areas:
(a) Leased areas;
(b) Power Dredge Zones established in §B of this regulation;
(c) Power Dredge Study Areas established in §C of this regulation; and
(d) Portions of the Wild Grounds Study Area established in §D(1) of this regulation that have been opened in accordance with §E of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.15 - Oyster Sanctuaries

Current through Register Vol. 51, No. 14, July 12, 2024
A. Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries (September 2010) designates oyster sanctuaries in the Chesapeake Bay and its tidal tributaries and is hereby incorporated by reference.
B. Harvest from a Sanctuary.
(1) A person may not harvest -wild oysters from a sanctuary established in §A of this regulation.
(2) Except as provided in §B(3) of this regulation, a person may not harvest clams from a sanctuary designated in Section I of "Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries (September 2010)" that is incorporated by reference in §A of this regulation.
(3) A person may harvest clams from the Chester ORA Zone A sanctuary.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.04 - Oysters › Section 08.02.04.17 - Public Shellfish Fishery Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (June 2023) designates public shellfish fishery areas in the Chesapeake Bay and its tidal tributaries and is hereby incorporated by reference.
B. Declassification.
(1) A person may petition the Department to declassify a portion of a public shellfish fishery area by submitting a lease application as described in COMAR 08.02.23.03A or B and Natural Resources Article, §
										4-11A-09, Annotated Code of Maryland.
(2) The declassification of a public shellfish fishery area may be approved:
(a) If the results of a biological survey conducted by the Department or a designated agent show that the average density of oysters per square meter is equal to or below the maximum threshold of one oyster that is 1 inch or greater per square meter;
(b) After commercial harvest activity and other quantitative data is considered by the Department;
(c) If the lease application meets the requirements of COMAR 08.02.23.03; and
(d) If the lease application is approved in accordance with 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 08.02.05 - Fish › Section 08.02.05.02 - General Fishing Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, a person may not set or fish gill nets, including but not limited to anchor gill nets, staked gill nets, and drift gill nets, in the Chesapeake Bay and its tidal tributaries.
B. A person may set and fish:
(1) During the period between March 16 through December 31, attended drift gill nets with a stretched mesh size of 2-1/2 to 3-1/2 inches;
(2) During the period between January 1 through March 15, attended drift gill nets with a stretched mesh of 3-1/8 to 3-1/2 inches;
(3) Gill nets as permitted in COMAR 08.02.15; or
(4) Gill nets made with monofilament, multifilament, or multi-strand materials.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.03 - Spot

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following term has the meaning indicated.
(2) Term Defined. "Fishing party" means the combined total number of people on a guided fishing trip consisting of the licensed guide, the individuals under the guidance of the fishing guide, and their vessels.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.04 - Legal Size of White Perch

Current through Register Vol. 51, No. 14, July 12, 2024
In the waters of the State, a person may not catch, sell, offer to buy or sell, expose for sale, or possess white perch less than 8 inches, if caught other than by hook or line.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.05 - American Shad

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prohibition of Catching, Possession, or Sale of American Shad; Exceptions.
(1) A person may not catch, offer for sale, purchase, or possess any American shad or any parts of American shad, including roe, caught in Maryland waters except as permitted here.
(2) Exceptions.
(a) A person may catch American shad in cooperation with a scientific investigation of the Department and cooperating persons having a valid scientific collecting permit, including permitted shad egg hatching in approved devices. This person may sell live American shad to the scientific investigation.
(b) The incidental catching of American shad by fishing gear set for other species of fish will not be deemed a violation of this section if the American shad is returned to the water.
(c) Not more than two American shad may be possessed for personal consumption if the shad were found dead when fishing gear operated for other species was retrieved from the water.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.06 - Hickory Shad

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prohibition of Catching, Possession, or Sale of Hickory Shad; Exceptions.
(1) A person may not catch, offer for sale, purchase, or possess any hickory shad or any parts of hickory shad, including roe, caught in Maryland waters except as permitted here.
(2) Exceptions.
(a) A person may catch hickory shad in cooperation with a scientific investigation of the Department.
(b) The incidental catching of hickory shad by fishing gear set for other species will not be considered a violation of this section if the hickory shad is returned to the water.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.07 - Atlantic Menhaden

Current through Register Vol. 51, No. 14, July 12, 2024
A. Commercial Quota.
(1) The annual total allowable landings of Atlantic menhaden for the commercial fishery is set by the Atlantic States Marine Fisheries Commission and shall be published through a public notice issued in accordance with §G of this regulation.
(2) Any annual overages of the quota will be deducted from the subsequent year's quota.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.08 - Eels

Current through Register Vol. 51, No. 14, July 12, 2024
A. Commercial.
(1) Except as permitted under COMAR 08.02.14, a person may not catch, possess, land, or sell eels for commercial purposes which are less than 9 inches total length.
(2) The annual quota for the commercial fishery is set by the Atlantic States Marine Fisheries Commission.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.09 - River Herring

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
(1) In this regulation, the following term has the meaning indicated.
(2) Term Defined. "River herring" means both alewife herring (Alosa pseudoharengus) and blueback herring (Alosa aestivalis).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.10 - Bluefish

Current through Register Vol. 51, No. 14, July 12, 2024
A. Commercial Minimum Size. A person licensed to catch finfish for sale may not catch or possess bluefish less than 8 inches in total length.
B. Commercial Catch Limit. A coastwide quota and daily catch limit to be shared by Atlantic states will be established and published by National Marine Fisheries Service and the Atlantic States Marine Fisheries Commission.
C. The recreational season, size limit, and catch limit shall be established and may be modified through a public notice issued in accordance with §D of this regulation.
D. General.
(1) The Secretary may establish or modify catch limits, size limits, or seasons in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Bluefish by publishing notice on the Department's website.
(2) The public notice shall state its effective hour and date and shall be published on the Department's website at least 48 hours in advance of the effective hour and date.
(3) The Secretary shall make a reasonable effort to disseminate the public notice through various other media so that an affected person has reasonable opportunity to be informed.
(4) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.11 - Sturgeon

Current through Register Vol. 51, No. 14, July 12, 2024
Except for purposes of scientific investigation and aquaculture activities under a permit issued by the Department, a person may not catch or possess Atlantic sturgeon.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.12 - Summer Flounder

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational Fishery. The recreational size limit, catch limit, and season for summer flounder shall be established and may be modified through a public notice issued in accordance with §F of this regulation.
B. Commercial Fishery.
(1) Quotas.
(a) The annual commercial quota for Maryland is established by the National Marine Fisheries Service and the Atlantic States Marine Fisheries Commission.
(b) The annual commercial quota is divided into an allocation for:
(i) The Atlantic Ocean, its coastal bays, and their tributaries;
(ii) The Chesapeake Bay and its tidal tributaries;
(iii) The Potomac river; and
(iv) The harvest of summer flounder provided for in §B(3)(a) and (4) of this regulation.
(c) The annual commercial quota and allocations are subject to downward adjustment action if there are overages in the previous year's landings.
(d) Equal individual allocations shall be established for the portion of the annual commercial quota provided for in §B(1)(b)(i) of this regulation and allocated by permit to an individual that meets the requirements set forth in §C(5) of this regulation.
(e) An individual who possesses a Maryland summer flounder landing permit in accordance with §C of this regulation and lands more than the assigned permit allocation, including any quota transfers, shall have the overage deducted from the permit allocation for the following year.
(f) A Maryland summer flounder permit holder (permittee) may annually transfer up to 100 percent of the permittee's individual quota to another permittee upon notification of and approval by the Department. However, an individual may not hold more than 29 percent of the allocation for the total fishery.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.13 - Weakfish and Spotted Sea Trout

Current through Register Vol. 51, No. 14, July 12, 2024
A. Minimum Size.
(1) A recreational angler may not catch or possess spotted sea trout less than 14 inches in total length.
(2) A recreational angler may not catch or possess weakfish less than 13 inches in total length.
(3) A person licensed to catch fish for commercial purposes may not catch or possess spotted sea trout less than 14 inches in total length.
(4) A person licensed to catch fish for commercial purposes may not catch or possess weakfish less than 12 inches in total length.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.14 - Spanish Mackerel

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational Fishery.
(1) Minimum Size. An individual may not catch or possess a Spanish mackerel less than 14 inches total length.
(2) Catch Limit. An individual may not catch or possess more than 15 Spanish mackerel per day.
(3) Season. The recreational season for catching Spanish mackerel is January 1 through December 31.
(4) All Spanish mackerel harvested by a recreational angler shall be landed with the heads and fins attached naturally.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.15 - Black Drum

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational Fishery.
(1) The daily catch and possession limit per individual is one black drum.
(2) The daily catch and possession limit per boat is six black drum.
(3) A person may not catch or possess black drum less than 16 inches in total length.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.16 - Red Drum

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational Fishery.
(1) A person may not catch or possess red drum less than 18 inches in total length or greater than 27 inches in total length.
(2) A person may not catch or possess more than one red drum per day.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.17 - Cobia

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational. The recreational size limit, catch limit, and season for cobia shall be established and may be modified through a public notice issued in accordance with §C of this regulation.
B. Commercial.
(1) Minimum Size. An individual who harvests cobia for commercial purposes may not catch or possess a cobia with a fork length that is less than 33 inches.
(2) Daily Catch Limits.
(a) Except as provided in §B(2)(b) and (c) of this regulation, a commercial licensee may not catch, possess, or land more than two cobia per person per day.
(b) A commercial licensee with one additional individual on board the vessel may not catch, possess, or land more than four cobia per vessel per day.
(c) A commercial licensee with two or more additional individuals on board the vessel may not catch, possess, or land more than six cobia per vessel per day.
(3) A person may not catch, possess, or land cobia for commercial purposes when the National Oceanic and Atmospheric Administration closes the fishery in federal waters.
(4) Cobia harvested for commercial purposes from Maryland waters of the Atlantic Ocean or from the waters of the Exclusive Economic Zone (EEZ) and landed in Maryland shall be sold to a federally permitted dealer.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.18 - Croaker

Current through Register Vol. 51, No. 14, July 12, 2024
A. Minimum Size.
(1) A recreational angler may not catch or possess a croaker less than 9 inches total length.
(2) A person licensed to catch finfish for sale may not catch or possess a croaker less than 9 inches total length.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.19 - Black Bass - Largemouth Bass and Smallmouth Bass

Current through Register Vol. 51, No. 14, July 12, 2024
A. Size Limit. The minimum size for black bass is:
(1) 12 inches total length from June 16 through the end of February; and
(2) 15 inches total length from March 1 through June 15.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.20 - Tautog

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not catch or possess:
(1) A tautog less than 16 inches total length; and
(2) A tautog from May 16 through June 30.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.21 - Black Sea Bass

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational. The recreational size limit, catch limit, and season for black sea bass shall be established and may be modified through a public notice issued in accordance with §F of this regulation.
B. Commercial.
(1) Minimum Size. An individual who harvests black sea bass for commercial purposes may not catch or possess a black sea bass less than 11 inches in total length, excluding the tail filament.
(2) Quotas.
(a) Statewide Quota.
(i) The annual total allowable landings of black sea bass for the commercial fishery is set by the Atlantic States Marine Fisheries Commission and shall be published through a public notice issued in accordance with §F of this regulation.
(ii) Any annual overages of the quota will be deducted from the subsequent year's quota.
(b) Quota Allocation.
(i) The total pounds of black sea bass that may be harvested by a black sea bass landing permit holder who applies for a permit for 2011 and subsequent years shall be based on the proportion of the total black sea bass harvest allocated to the permit holder in the previous year.
(ii) In addition to the quota allocation, as described in §B(2)(b)(i) of this regulation, the Department shall reallocate equitably among permit holders the quota of any permit holder who fails to apply for a permit for the following year, or who leaves the fishery without transferring the permit.
(c) A Maryland black sea bass landing permit holder (permittee) may annually transfer up to 100 percent of the permittee's individual quota to another permittee upon notification of and approval by the Department. However, an individual may not hold more than 20 percent of the total fishery allocation.
(d) An individual who possesses a Maryland black sea bass landing permit in accordance with §C of this regulation and lands more than the assigned permit allocation, including any quota transfers, shall have the overage deducted from the permit allocation for the following year.
(3) Daily Catch Limits. A vessel that does not have an individual on board who possesses a valid Maryland black sea bass landing permit may not catch, possess, or land more than 50 pounds of black sea bass per day.
(4) Black sea bass harvested for commercial purposes from Maryland waters of the Atlantic Ocean or from the waters of the Exclusive Economic Zone (EEZ) and landed in Maryland shall be sold to a federally permitted dealer.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.22 - Scup

Current through Register Vol. 51, No. 14, July 12, 2024
A. Minimum Size.
(1) Recreational. A recreational angler may not catch or possess a scup less than 8 inches in total length.
(2) Commercial. A commercial tidal fish licensee may not catch or possess scup less than 9 inches in total length.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.23 - Bluefin Tuna

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not catch, possess, or land bluefin tuna when the National Oceanic and Atmospheric Administration determines that the quota has been attained and closes the fishery in accordance with 50 CFR 635.
B. A person may not catch, possess, or land bluefin tuna in violation of the:
(1) Catch limit established in 50 CFR 635 ; and
(2) Size specifications established in 50 CFR 635.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.24 - Spiny Dogfish

Current through Register Vol. 51, No. 14, July 12, 2024
A. Finning Prohibition.
(1) "Finning" means removing only the fins of a spiny dogfish and returning the remainder of the dogfish to the sea.
(2) Finning is prohibited.
(3) Spiny dogfish shall be landed with the tail and fins attached naturally to the corresponding carcass.
(4) An individual may remove the head and eviscerate a spiny dogfish at sea, as long as the tail and fins remain attached by a portion of uncut skin.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.25 - Monkfish

Current through Register Vol. 51, No. 14, July 12, 2024
An individual may not catch or land monkfish (Lophius americanus) for commercial purposes when the Regional Administrator for National Marine Fisheries Service determines that the quota has been attained and closes the fishery as permitted in accordance with 50 CFR 648.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.26 - Billfish

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, "billfish" means the following species:
(1) Atlantic Blue Marlin (Makaira nigricans);
(2) Atlantic White Marlin (Kajikia albidus);
(3) Atlantic Sailfish (Istiophorus platypterus); and
(4) Roundscale Spearfish (Tetrapturus georgii).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.27 - Swordfish

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, "swordfish" means the Atlantic Swordfish (Xiphias gladius).
B. A person may not catch, possess, or land swordfish when the National Oceanic and Atmospheric Administration closes the fishery in accordance with 50 CFR 635.
C. A person may not catch, possess, or land swordfish in violation of the:
(1) Catch limit established in 50 CFR 635 ; and
(2) Size specifications established in 50 CFR 635.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.28 - Walleye

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational Fishery.
(1) Size Limit. An individual may not catch or possess, in tidal waters, walleye less than 15 inches total length.
(2) Season. Recreational fishing of walleye is permitted year round in tidal waters.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.29 - Snapper Grouper Complex

Current through Register Vol. 51, No. 14, July 12, 2024
A. Snapper Grouper Management Groups.
(1) Grouper. The following species of the snapper grouper complex are defined as grouper:
(a) Black grouper (Mycteroperca bonaci);
(b) Coney (Cephalopholis fulva);
(c) Gag grouper (Mycteroperca microlepis);
(d) Goliath grouper (Epinephelus itajara);
(e) Graysby (Cephalopholis cruentata);
(f) Misty grouper (Epinephelus mystacinus);
(g) Nassau grouper (Epinephelus striatus);
(h) Red grouper (Epinephelus morio);
(i) Red hind (Epinephelus guttatus);
(j) Rock hind (Epinephelus adscensionis);
(k) Scamp (Mycteroperca phenax);
(l) Snowy grouper (Epinephelus niveatus);
(m) Speckled hind (Epinephelus drummondhayi);
(n) Tiger grouper (Mycteroperca tigris);
(o) Warsaw grouper (Epinephelus nigritus);
(p) Wreckfish (Polyprion americanus);
(q) Yellowedge grouper (Epinephelus flavolimbatus);
(r) Yellowfin grouper (Mycteroperca venenosa); and
(s) Yellowmouth grouper (Mycteroperca interstitialis).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.30 - Tilefish

Current through Register Vol. 51, No. 14, July 12, 2024
A. Species. The following species are defined as tilefish:
(1) Blueline tilefish (Caulolatilus microps);
(2) Golden tilefish (Lopholatilus chamaeleonticeps); and
(3) Sand tilefish (Malacanthus plumieri).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.05 - Fish › Section 08.02.05.31 - Longnose Gar

Current through Register Vol. 51, No. 14, July 12, 2024
A person may not catch or possess more than:
A. One longnose gar per day from April 15 through June 30; or
B. Five longnose gar per day from July 1 through April 14.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.06 - Snapping Turtles › Section 08.02.06.01 - Snapping Turtles

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Carapace" means the top shell of a turtle.
(2) "The wild" means any land or water in the State, either natural or altered, upon which a snapping turtle can exist in a condition which is not constrained or controlled by humans.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.07 - Hard-Shell Clams › Section 08.02.07.01 - Recreational Fishery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Catch Limit.
(1) Except as described in §A(2) of this regulation, an individual may not catch more than one standard U.S. bushel of hard-shell clams per day.
(2) An individual may not catch more than 250 hard-shell clams (M. mercenaria) per day for personal consumption and use from the waters of Worcester County.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.07 - Hard-Shell Clams › Section 08.02.07.02 - Use of Hard-Shell Clam Dredges in Tangier Sound and Pocomoke Sound

Current through Register Vol. 51, No. 14, July 12, 2024
A. Size of Dredge. A person may not catch hard-shell clams in the waters of Tangier Sound and Pocomoke Sound with a hydraulic dredge or mechanical dredge more than 36 inches in width.
B. Areas Where Hard-Shell Clams May Be Taken by Dredge. Subject to Regulation .05 of this chapter and except as provided in §C of this regulation, an individual licensed to catch hard-shell clams may catch hard-shell clams with a dredge only in the waters of:
(1) Tangier Sound that are bounded on the:
(a) South by the Maryland-Virginia line; and
(b) North by a line beginning at a point at Tenth Point at the mouth of Big Annemessex River defined by Lat. 38°02.303' N, Long. 75°51.610' W; then running 334° True to a point at Porpoise Point defined by Lat. 38°03.648' N, Long. 75°52.422' W; then running along shore to a point at Hazard Point defined by Lat. 38°04.571' N, Long. 75° 52.694' W; then running 307° True to a point at South Point on Little Deal Island defined by Lat. 38°06.710' N, Long. 75°56.460' W; then running 238° True to a point at Mussel Hole Point defined by Lat. 38°04.670' N, Long. 76°00.400' W; then running 194° True to a point on the shore on the northerly tip of Smith Island defined by Lat. 38°02.367' N, Long. 76°01.050' W; and
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.07 - Hard-Shell Clams › Section 08.02.07.03 - Commercial Fishery

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not catch hard-shell clams for commercial purposes on Sunday.
B. An individual may not possess more than 10 percent of hard-shell clams per container with a transverse dimension of less than 1 inch.
C. Times for Harvesting, Landing, and Delivering.
(1) From May 1 through September 30, an individual harvesting hard-shell clams for commercial purposes:
(a) Shall land hard-shell clams not later than 3 p.m. on the same day of harvest; and
(b) Shall deliver hard-shell clams:
(i) To a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and
(ii) Not later than 4 p.m. on the same day of harvest.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.07 - Hard-Shell Clams › Section 08.02.07.04 - Container and Tagging Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
(1) In this regulation, the following term has the meaning indicated.
(2) Term Defined. "Growing area" means the location, defined by the specific NOAA code for the area in which the harvest occurred.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.07 - Hard-Shell Clams › Section 08.02.07.05 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Size Limit.
Except as provided in Regulation .03B of this chapter, a person may not possess hard-shell clams harvested from State waters with a transverse dimension of less than 1 inch.
B. Gear. The use of hand-held gear is permitted in the Atlantic Ocean and Coastal Bays.
C. Prohibited Areas and Exception.
An individual may not harvest hard-shell clams within 150 feet of a:
(1) Natural oyster bar;
(2) Leased area;
(3) Public shellfish fishery area established in COMAR 08.02.04.17A; or
(4) Sanctuary designated in Section I of "Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries (September 2010)" that is incorporated by reference in COMAR 08.02.04.15A.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.01 - Importation of Shellfish

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition. In this regulation, the term "shellfish" includes live oysters, seed oysters, oyster shells, live hard-shell clams, live soft-shell clams, and clam shells.
B. Permit Required. A person may not import or possess within the State shellfish taken from waters outside the waters of the State for planting in the waters of the State, unless he first obtains a permit from the Department. The Department shall issue a permit if presented with proof satisfactory to the Department that the shellfish will not be harmful to Maryland shellfish.
C. Zebra Mussel. Except as permitted by the Secretary of Natural Resources, a person may not import into the State or possess any living life stage or reproductive products of mussels of the genus Dreissena.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.02 - Buying Station

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) Notwithstanding Natural Resources Article, §
										4-1007, Annotated Code of Maryland, in this subtitle, the following term has the meaning indicated.
(2) Term Defined. "Buying station" means a location where a person buys, processes, packs, or otherwise deals in oysters, soft-shell clams, or hard-shell clams for resale and the person purchasing oysters, soft-shell clams, or hard-shell clams for resale:
(a) Possesses a valid seafood dealer authorization in accordance with Natural Resources Article, §
											4-701, Annotated Code of Maryland; and
(b) Is licensed and certified by the Department of Health and Mental Hygiene in accordance with COMAR 10.15.07.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.03 - Commercial License Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, the following term has the meaning indicated.
B. Term Defined. "Shellfish" means:
(1) All clams of the scientific Order Myoida;
(2) All clams of the scientific Order Veneroida;
(3) All crabs of the scientific Order Decapoda;
(4) All lobsters of the scientific Order Decapoda;
(5) All mussels of the scientific Order Mytiloida;
(6) All octopuses of the scientific Order Octopoda;
(7) All oysters of the scientific Order Ostreoida;
(8) All scallops of the scientific Order Ostreoida;
(9) All sea urchins of the scientific Class Echinoidea;
(10) All shrimp of the scientific Order Decapoda;
(11) All squids of the scientific Order Teuthoidea;
(12) All starfish of the scientific Subclass Asteroidea; and
(13) All whelks of the scientific Order Neogastropoda.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.04 - Bay Scallop

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prohibition of Catching, Possession, or Sale of Bay Scallops; Exceptions.
(1) A person may not catch, offer for sale, purchase, or possess any bay scallop (Argopecten irradians), or any parts of bay scallop caught in Maryland waters except as permitted in this regulation.
(2) Exceptions.
(a) A person may catch bay scallops in cooperation with a scientific investigation of the Department and cooperating persons having a valid scientific collecting permit.
(b) The incidental catching of bay scallops by gear set for other species of shellfish is not considered a violation of this regulation if the bay scallops are returned to the water.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.05 - Clam Harvester Declaration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Registration.
(1) A tidal fish licensee who possesses a clam harvester or unlimited tidal fish license under Natural Resources Article, §
										4-701(d)(ii), Annotated Code of Maryland, shall declare an intent to harvest clams in order to participate in the clam season.
(2) Declaration Schedule. A tidal fish licensee may submit an application of declaration during license renewal as described in Natural Resources Article, §
										4-701, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.06 - Jonah Crabs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation the following terms have the meanings indicated.
(2) Term Defined. "Federally tagged lobster trap" means a trap that:
(a) Meets the requirements described in Regulation JOE and F of this chapter; and
(b) Has a tag that was issued by the National Marine Fisheries Service.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.07 - Surf Clams

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maryland Waters.
A person may not catch, attempt to catch, or possess any surf clams harvested from Maryland waters which extend from the Maryland shore to 3 miles offshore.
B. Offshore Waters.
(1) A person may not possess or land surf clams harvested from offshore waters, which extend from 3-200 miles offshore, in violation of the:
(a) Catch limit established in 50 CFR 648 ; or
(b) Size specifications established in 50 CFR 648.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.08 - Shrimp

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recreational Fishery.
(1) An individual may use any gear authorized in COMAR 08.02.25.03 to catch shrimp for recreational purposes.
(2) There is no closed season, size limit, or catch or possession limit for the recreational fishery.
(3) An individual catching or attempting to catch shrimp for recreational purposes must be licensed or registered in accordance with COMAR 08.02.01.07.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.09 - Seafood Dealers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person licensed to buy, process, pack, resell, market, or otherwise deal in soft-shell clams, hard-shell clams, or oysters in accordance with Natural Resources Article, §
									4-701, Annotated Code of Maryland, shall:
(2) Accept soft-shell clams, hard-shell clams, or oysters only:
(a) From a licensed harvester;
(b) On the same day of harvest; and
(c) If tagged as required in accordance with COMAR 08.02.02.04, 08.02.04.04, or 08.02.07.04.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.10 - American Lobsters

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who catches an egg bearing female lobster that measures 3-3/8 inches to 5-1/4 inches in length from the rear end of the eye socket along a line parallel to the center line of body shell (carapace) to the rear of the body shell shall:
(1) Mark the lobster to the right of the center flipper as viewed from the rear of the female lobster when the underside of the lobster is down with a v-shaped notch that:
(a) Is made by means of a sharp bladed instrument;
(b) Is at least 1/4 inch in length;
(c) Is not greater than 1/2 inch in depth; and
(d) Tapers to a sharp point; and
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.11 - Hydraulic Clam Dredge

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Restrictions.
(1) An individual may not operate a hydraulic clam dredge unless they possess a valid tidal fish license to catch clams.
(2) The owner of a hydraulic clam dredge may not permit the operation of the dredge by more than one individual on any one day, including the owner.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.12 - Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Shellfish Buy Ticket.
(1) A shellfish buy ticket shall be:
(a) Provided by the Department;
(b) Completed in accordance with this regulation; and
(c) Returned to the Department in accordance with this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 02 - FISHERIES SERVICE › Chapter 08.02.08 - Shellfish-General › Section 08.02.08.14 - Conch

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, a person may not catch, land, or possess a conch measuring less than 6 inches total length from the spiral apex to the outer tip of the opening.
B. Channeled Whelk. A person may catch, land or possess a channeled whelk measuring less than 6 inches total length if the whelk has a girth that is a minimum of 3-3/8 inches in diameter.