Md. Code Regs. 08.02.05.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.02.05.02 - General Fishing Prohibitions

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.

C. Within 1,200 feet of any pier that supports either span of the William Preston Lane Jr. Memorial Bay Bridge, a person may not:

(1) Fish with a treble hook that is not an intrinsic part of a floating fish lure; or

(2) Set or fish any type of gill net during the period May 1 through October 31.

D. During the period June 1 through October 31, a person may not set or fish any type of gill net in the Chesapeake Bay, excluding tributaries, in the area south of a line drawn from Howell Point to Taylor Island Point in the Upper Bay and north of a line from Kent Point to Curtis Point in the mouth of West River.

E A person may not use eels as bait while fishing with hook and line in the tidal waters of the Chesapeake Bay and its tributaries, except for a recreational, charter, or commercial hook and line fisherman authorized to participate in and fish during summer and fall striped bass seasons established in COMAR 08.02.15.

F. During the period March 1 through June 30, a person may not set or fish any type of gill net:

(1) In the striped bass spawning reaches listed in COMAR 08.02.15.03C;

(2) In the Susquehanna Flats upstream of a line from Sandy Point to Turkey Point;

(3) In the Susquehanna and Northeast Rivers; and

(4) From sunset Friday to 1 hour before sunrise Monday in the striped bass spawning rivers and areas set forth in COMAR 08.02.15.03B.

G. In the waters of the Susquehanna River, a commercial tidal fish licensee may not:

(1) Harvest or attempt to harvest fish upstream of a line beginning at a point at or near the Harford County shore defined by Lat. 39°39.262' N, Long. 76°10.338' W; then running 30° True to a point at or near the Cecil County shore defined by Lat. 39°39.7467' N, Long. 76°10.060' W; and

(2) Set or use any other type of fishing gear other than hook-and-line gear to harvest or attempt to harvest fish upstream of a line drawn direct from the northernmost point from the mouth of Deer Creek in Harford County, in a northeasterly direction to the intersection of U.S. Route 222 and Canal Road in Cecil County.

H. A person licensed to catch finfish for commercial purposes may not guide customers during a commercial hook and line trip.

I. Except as provided in §J of this regulation, a commercial tidal fish licensee may not catch or possess fish of the species listed in Natural Resources Article, §4-215, Annotated Code of Maryland, except crabs or shellfish, for commercial purposes and have more than:

(1) Two crew members assist the licensee with commercial hook and line fishing; or

(2) Four individuals, including no more than two crew members, present on a vessel which is engaged in commercial hook and line fishing.

J. Hook and Line Fishing Exceptions.

(1) Children 12 years old or younger may be on board a vessel engaged in commercial hook and line fishing in addition to any crew members and licensees as described in §I of this regulation.

(2) Tidal fish licensees registered in and engaged in the Chesapeake Bay individual transferrable quota striped bass fishery are not subject to the crew member limit or boat limit on individuals as described in §I of this regulation.

K. From February 1 through March 31, inclusive, a person may not set a fyke net in any of the areas described in COMAR 08.02.25.09.

L. General Provisions.

(1) The Secretary may close designated areas to hook and release activity by publishing notice in a daily newspaper of general circulation, at least 48 hours in advance of the closure, stating the effective hour and date.

(2) The Secretary shall make a reasonable effort to disseminate public notice through various other media so that an affected person has reasonable opportunity to be informed.

(3) A person licensed to catch finfish for commercial purposes shall submit an accurate daily commercial fisheries catch log in accordance with COMAR 08.02.13.06.

M. Fishing and Crabbing in a Leased Area. Fishing and crabbing are permitted in an area that has been leased for shellfish aquaculture in accordance with COMAR 08.02.23 if the fishing or crabbing activity does not destroy or damage shellfish or gear which may be planted or secured there.

Md. Code Regs. 08.02.05.02

Regulation .02 amended as an emergency provision effective March 1, 1978 (5:5 Md. R. 321); adopted permanently effective June 16, 1978 (5:12 Md. R. 966)
Regulation .02 amended as an emergency provision effective April 24, 1979 (6:9 Md. R. 725); emergency status expired September 1, 1979
Regulation .02 amended effective February 22, 1980 (7:4 Md. R. 347); February 8, 1982 (9:1 Md. R. 19)
Regulation .02B, D-F amended effective January 30, 1984 (11:2 Md. R. 112)
Regulation .02D amended as an emergency provision effective March 15, 1982 (9:6 Md. R. 612); emergency status expired April 1, 1982
Regulation .02D amended as an emergency provision effective March 15, 1983 (10:5 Md. R. 462); emergency status expired March 26, 1983
Regulation .02D and F amended effective August 15, 1983 (10:16 Md. R. 1450)
Regulation .02F amended as an emergency provision effective September 1, 1983 (10:19 Md. R. 1683); adopted permanently effective December 19, 1983 (10:25 Md. R. 2267)
Regulation .02 repealed and new Regulation .02 adopted effective January 1, 1985 (11:26 Md. R. 2278)
Regulation .02C amended effective February 9, 1987 (14:3 Md. R. 272); July 25, 1988 (15:15 Md. R. 1808); January 9, 1989 (15:27 Md. R. 3127)
Regulation .02D, G amended as an emergency provision effective January 25, 1985 (12:4 Md. R. 358); adopted permanently effective April 8, 1985 (12:7 Md. R. 699)
Regulation .02E amended effective August 12, 1985 (12:16 Md. R. 1604)
Regulation .02 repealed and new Regulation .02 adopted effective September 3, 1990 (17:17 Md. R. 2077)
Regulation .02A amended as an emergency provision effective January 24, 1991 (18:3 Md. R. 301)
Regulation .02A amended effective May 27, 1991 (18:10 Md. R. 1115); November 22, 1993 (20:23 Md. R. 1803); November 20, 1994 (21:23 Md. R. 1932)
Regulation .02B amended as an emergency provision effective January 1, 1992 (18:26 Md. R. 2826); emergency status expired February 28, 1992
Regulation .02B amended effective April 13, 1992 (19:7 Md. R. 744); September 26, 1994 (21:19 Md. R. 1634); November 20, 1994 (21:23 Md. R. 1932); October 20, 1997 (24:21 Md. R. 1446)
Regulation .02B amended as an emergency provision effective April 27, 1995 (22:10 Md. R. 701); amended permanently effective August 28, 1995 (22:17 Md. R. 1316)
Regulation .02 amended and new Regulation .02-1 adopted as an emergency provision effective June 30, 1995 (22:15 Md. R. 1111); original emergency Regulation .02-1 amended as an emergency provision effective July 27, 1995 (22:17 Md. R. 1309); emergency status expired September 30, 1995
Regulation .02A amended effective July 22, 2002 (29:14 Md. R. 1074); April 12, 2004 (31:7 Md. R. 582)
Regulation .02B amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 725); emergency status expired February 29, 2000
Regulation .02B amended effective April 3, 2000 (27:6 Md. R. 640)
Regulation .02B amended as an emergency provision effective April 1, 2001 (28:8 Md. R. 758); amended permanently effective June 25, 2001 (28:12 Md. R. 1105)
Regulation .02B amended as an emergency provision effective March 15, 2002 (29:8 Md. R. 695); amended permanently effective June 10, 2002 (29:11 Md. R. 882)
Regulation .02B amended effective July 22, 2002 (29:14 Md. R. 1074); April 12, 2004 (31:7 Md. R. 582)
Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 476)
Regulation .02 amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); emergency provision expired December 23, 2013
Regulation .02 amended effective December 23, 2013 (40:25 Md. R. 2067)
Regulation .02B amended as an emergency provision effective April 4, 2006 (33:9 Md. R. 794); emergency provision expired August 4, 2006
Regulation .02B amended as an emergency provision effective April 9, 2007 (34:9 Md. R. 823)
Regulation .02B amended effective February 25, 2008 (35:4 Md. R. 512); January 26, 2009 (36:2 Md. R. 99); March 23, 2009 (36:6 Md. R. 489); February 22, 2010 (37:4 Md. R. 338); April 4, 2011 (38:7 Md. R. 429)
Regulation .02J amended effective July 7, 2014 (41:13 Md. R. 751)
Regulation .02 amended effective 42:8 Md. R. 607, eff.4/27/2015; amended effective 44:26 Md. R. 1214, eff. 1/1/2018; amended effective 45:13 Md. R. 664, eff. 7/2/2018; amended effective 46:17 Md. R. 725, eff. 8/26/2019; amended effective 46:23 Md. R. 1065, eff. 11/18/2019; amended effective 47:5 Md. R. 310, eff. 3/9/2020; amended effective 49:6 Md. R. 404, eff. 3/21/2022