Md. Code Regs. 08.02.05.24

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

Section 08.02.05.24 - Spiny Dogfish

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.

B. Commercial Licenses and Permits.

(1) A person shall be licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, in order to catch, possess, or land spiny dogfish for commercial purposes.

(2) A vessel which is used to catch, possess, or land spiny dogfish for commercial purposes from the waters of the federal Exclusive Economic Zone (EEZ) of the Atlantic Ocean, which are defined as those ocean waters between 3 and 200 miles offshore, shall be permitted by the National Marine Fisheries Service in accordance with 50 CFR § 648.4.

C. Commercial Catch Limits.

(1) The annual commercial quota for Maryland is established by the National Marine Fisheries Service and the Atlantic States Marine Fisheries Commission.

(2) The season for catching spiny dogfish is May 1 through April 30.

(3) The commercial catch limits for spiny dogfish shall be established and may be modified through a public notice issued in accordance with § 1 of this regulation.

(4) The public notice establishing the commercial catch limit issued in accordance with §1 of this regulation shall state the catch limit in pounds per vessel per day for an individual:

(a) Licensed to catch finfish;

(b) Licensed to catch finfish and in possession of a Maryland striped bass permit that has been registered in the Atlantic Ocean fishery; and

(c) Licensed to catch finfish and in possession of a Maryland spiny dogfish landing permit.

(5) An individual may not land spiny dogfish (Squalus acanthias) from waters of the EEZ for commercial purposes when the Regional Administrator for National Marine Fisheries Service determines that the EEZ quota has been attained and closes the fishery as permitted in accordance with 50 CFR 648.

(6) Regardless of the number of authorized individuals on board any one vessel, no more than one spiny dogfish vessel limit may be landed from one vessel per day.

D. Spiny Dogfish Landing Permit Declaration.

(1) In order to obtain a spiny dogfish landing permit, a tidal fish licensee shall declare their intent to fish for spiny dogfish by October 1, 2013, and thereafter between March 1 and March 31 of each year.

(2) A tidal fish licensee who has not declared by March 31 may apply to the Department, provided the licensee has not declared late in either of the 2 preceding years and shows good reason why the application should be processed, until April 14 of the current year, or the next business day if April 14 occurs on a weekend.

(3) An exception to the deadlines in §D(2) of this regulation will be considered only for an individual who can provide satisfactory documentation of a physical or mental incapacity that prevented that individual from meeting the declaration time period.

(4) An individual who fails to declare may no longer declare in subsequent years unless the individual receives a permit through §E(7) or §G of this regulation.

(5) An individual is eligible to declare for a permit to catch and land spiny dogfish in Maryland if they:

(a) Are licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

(b) Meet the vessel requirements described in §D(6) of this regulation; and

(c) Meet the following requirements:

(i) The individual provides proof that they owned or had a share of ownership in a vessel that landed at least 1,000 pounds of spiny dogfish between May 1, 2004, and March 8, 2013, and have not previously held a Maryland spiny dogfish landing permit;

(ii) The individual holds a spiny dogfish landing permit that is valid for the current season and owns a vessel that landed a minimum of 15,000 pounds of spiny dogfish within 3 seasons of obtaining that permit, or

(iii) The individual has received a spiny dogfish landing permit in accordance with §E(7) of this regulation or through a transfer in accordance with §G of this regulation within the past 3 seasons.

(6) Vessel Requirements.

(a) An individual shall own or have a share of ownership in a vessel to be eligible to declare for a spiny dogfish landing permit.

(b) If there is more than one owner of a vessel, a licensee may declare the vessel on the spiny dogfish landing permit if the licensee:

(i) Owns at least 51 percent of the vessel; or

(ii) Has permission from the other owners who, whether individually or in combination, own at least 51 percent of the vessel.

(c) Only one owner of a vessel may declare the vessel on a spiny dogfish landing permit.

(d) The federally registered name or the State registration numbers of the vessel owned by the permittee shall be indicated at the time of application for the permit and declared on the Maryland spiny dogfish landing permit.

(e) Any change in vessel ownership shall be reported to the Department.

(7) The fee for a spiny dogfish landing permit is $25.

(8) If an individual is no longer eligible to declare for a spiny dogfish landing permit, the permit shall be deemed relinquished to the Department.

E.Spiny Dogfish Landing Permit.

(1) A spiny dogfish landing permit is valid from May 1 through April 30.

(2) An individual may not be issued more than two spiny dogfish landing permits regardless of the number of qualifying vessels the individual owns or in which the individual has a share of ownership.

(3) Proof of eligibility for a Maryland spiny dogfish landing permit as required in §D(5) of this regulation shall be documented by records of the Department or records of the National Marine Fisheries Service.

(4) A permittee may catch, possess, or land spiny dogfish for commercial purposes on a vessel other than the vessel declared on the permittee's permit only if in possession of the permit issued to the permittee.

(5) Operators.

(a) An operator means an individual who is not a permittee and who acts as an agent of a permittee.

(b) The name of the vessel on which the operator is working shall be declared on the Maryland spiny dogfish landing permit.

(c) An operator may catch, possess, or land spiny dogfish for commercial purposes on a vessel owned by a permittee if they are in possession of that permittee's permit.

(6) Spiny dogfish landing permits that have been relinquished or revoked may be issued to another individual in accordance with §E(7) of this regulation.

(7) Distribution of Spiny Dogfish Landing Permits that have been Relinquished or Revoked.

(a) If a spiny dogfish landing permit is relinquished or revoked, the Department shall publish a notice on the Fisheries Service website announcing that applications for permits are being accepted.

(b) The public notice shall state the application process.

(c) 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.

F. Operators.

(1) Definition.

(a) In this regulation, the following term has the meaning indicated.

(b)Term Defined. "Operator" means an individual who:

(i) Is licensed to catch or land fish for commercial purposes in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

(ii) Is not a permittee; and

(iii) Acts as an agent of a permittee.

(2) The name of the vessel on which the operator is working shall be declared on the Maryland spiny dogfish landing permit.

(3) A permittee may allow one operator to use the permittee's spiny dogfish landing permit if the permittee identifies the operator to the Department.

(4) A permittee may change the identified operator once each permit year.

(5) When engaged in permitted activities, an operator shall be:

(a) In possession of the permittee's spiny dogfish landing permit; and

(b) On the vessel declared on the spiny dogfish landing permit.

G. Permanent Transfer of a Landing Permit.

(1) A commercial tidal fish licensee may permanently transfer a spiny dogfish landing permit if:

(a) The transferor:

(i) Applies to the Department for the transfer on forms provided by the Department;

(ii) Held the permit for 4 or more consecutive years; and

(iii) Harvested a minimum of 20,000 pounds within the previous 4-year period on the same vessel that qualified for the permit under §D(5) of this regulation; and

(b) The transferee:

(i) Is a valid commercial tidal fish licensee; and

(ii) Has paid the applicable fees required by Natural Resources Article, §4-701, Annotated Code of Maryland.

(2) An authorized representative of a deceased licensee may permanently transfer a spiny dogfish landing permit:

(a)Regardless of the number of years the deceased licensee held the spiny dogfish landing permit;

(b) Regardless of the amount of spiny dogfish the deceased licensee landed; and

(c) Without transferring the deceased's tidal fish license.

H. Reporting and Penalties.

(1) An individual shall record the harvest of spiny dogfish in accordance with Natural Resources Article, §4-206, Annotated Code of Maryland.

(2) A dealer shall transmit information weekly, or as required, on each spiny dogfish transaction through the Department-approved reporting system.

(3) In addition to any other penalty, failure to comply with this regulation may result in the suspension of the current permit or the denial of a subsequent permit.

(4) Prior to suspending a permit or denying an application for a permit under this regulation, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing 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.

I. General

(1) The Secretary may establish or modify catch limits or seasons for spiny dogfish in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Spiny Dogfish, by issuing a public 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 public notice through various other media so that an affected person has reasonable opportunity to be informed.

(4) The Secretary shall make a reasonable effort to modify catch limits to ensure that the quota is harvested and not exceeded.

(5) A violation of the restrictions set by the Secretary in accordance with § 1 of this regulation is a violation of this regulation.

(6) Spiny dogfish harvested for commercial purposes from Maryland waters of the Atlantic Ocean or from the waters of the EEZ and landed in Maryland shall be sold to a dealer with a federal permit.

(7) Spiny dogfish harvested for commercial purposes shall only be harvested from a vessel.

Md. Code Regs. 08.02.05.24

Regulation .24 adopted as an emergency provision effective January 8, 2001 (28:2 Md. R. 96); adopted permanently effective April 16, 2001 (28:7 Md. R. 688)
Regulation .24C adopted as an emergency provision effective June 9, 2003 (30:13 Md. R. 850); amended permanently effective August 18, 2003 (30:16 Md. R. 1073)
Regulation .24A, C amended as an emergency provision effective February 2, 2004 (31:4 Md. R. 313); amended permanently effective April 12, 2004 (31:7 Md. R. 583)
Regulation .24 amended as an emergency provision effective August 27, 2013 (40:19 Md. R. 1539); emergency provision expired February 17, 2014
Regulation .24 amended effective February 17, 2014 (41:3 Md. R. 201); January 19, 2015 (42:1 Md. R. 17)
Regulation .24 amended effective June 22, 2015 (42:12 Md. R. 761).
Regulation .24 amended effective 42:12 Md. R. 761, eff.6/22/2015; amended effective 43:6 Md. R. 404, eff.3/28/2016; amended effective 44:17 Md. R. 834, eff. 8/28/2017