Md. Code Regs. 08.02.05.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 08.02.05.05 - American Shad

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.

B. Possession or Sale of American Shad Lawfully Taken in Another Jurisdiction.

(1) The provisions of §A, of this regulation, do not prohibit the entry into the State, or possession, transportation, exportation, processing, sale, offer for sale, or shipment of American shad which were caught in waters not under Maryland jurisdiction, if the person engaging in the activity demonstrates by substantial evidence that the American shad were lawfully taken and lawfully removed from another jurisdiction.

(2) The requirements of "substantial evidence" as used in §B(1), of this regulation, shall be satisfied by a bill of sale which identifies the American shad as originating from waters not under Maryland jurisdiction.

C. Effective Period of These Sections. On the basis of study findings and interpretations, the Secretary shall annually determine whether the provisions of §A, of this regulation, shall remain in force. At the same time, if those provisions are to remain in force, he shall determine what, if any, changes are necessary.

Md. Code Regs. 08.02.05.05

Regulation .05 adopted as an emergency provision effective April 4, 1980 (7:8 Md. R. 769); expired June 3, 1980; emergency status approved by AELR Committee clarified at 7:10 Md. R. 950
Regulation .05 adopted effective December 12, 1980 (7:25 Md. R. 2334); amended effective March 6, 1981 (8:5 Md. R. 473)
Regulation .05A amended effective January 20, 1992 (19:1 Md. R. 24); November 22, 2004 (31:23 Md. R. 1652)
Regulation .05A amended effective October 19, 2009 (36:21 Md. R. 1590)