Md. Code Regs. 08.02.15.04

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

Section 08.02.15.04 - Tidal Fish Licensee Intent to Fish

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.

(2) A commercial tidal fish licensee shall possess a striped bass permit while commercially fishing for striped bass.

(3) A commercial tidal fish licensee who has not registered to catch striped bass in accordance with §B of this regulation or who has not received a transfer of a striped bass permit and allocation in accordance with §F or G of this regulation may not catch striped bass for sale.

B. Registration Procedures.

(1) Registration.

(a) An individual may register for a permit to participate in the next quota year's striped bass fishery if they:

(i) Are currently authorized to commercially harvest striped bass in accordance with Natural Resources Article, § 4-701, Annotated Code of Maryland;

(ii) Have received a striped bass permit from the Department in accordance with §C of this regulation; or

(iii) Have received a permanent transfer of a striped bass permit as described in §H of this regulation.

(b) A commercial tidal fish licensee shall register for a striped bass permit to participate in a commercial striped bass fishery in accordance with this section by September 15 of each year, or the next business day if September 15 falls on a weekend.

(c) Any permit that is not registered by the deadline established in §B(1)(b) of this regulation shall be relinquished to the Department.

(d) The Department shall:

(i) Make registration available to eligible commercial tidal fish licensees not later than July 15 of each year;

(ii) Use the registrations received as of September 15 of each year, or the next business day if September 15 falls on a weekend, to determine allocations for the striped bass fishery permittees; and

(iii) Issue any striped bass permit that is not registered by the deadline established in §B(1)(b) of this regulation in accordance with §C of this regulation.

(2) Registration Type.

(a) When registering for a striped bass permit, a commercial tidal fish licensee shall specify and may be authorized to fish in one of the following fisheries:

(i) Chesapeake Bay individual transferrable quota; or

(ii) Atlantic Ocean.

(b) A commercial tidal fish licensee who had a striped bass permit registered in the Chesapeake Bay pound net or haul seine fisheries as of May 10, 2013 and receives shares and allocation from those permits shall register in the Chesapeake Bay individual transferrable quota fishery.

(c) A commercial tidal fish licensee may not possess striped bass permits registered in both a Chesapeake Bay fishery and in the Atlantic Ocean fishery.

(d) A striped bass permit registered in the Chesapeake Bay individual transferrable quota fishery as of May 10, 2013, may not be changed to a striped bass permit registered to the Atlantic Ocean fishery.

C. Striped Bass Permit Waiting List.

(1) The Department shall accept an application for a striped bass permit authorizing a commercial tidal fish licensee to participate in a commercial striped bass season from any person qualified under Natural Resources Article, § 4-701, Annotated Code of Maryland, and maintain a waiting list of commercial tidal fish license candidates to fish for striped bass.

(2) Applicants shall be ranked and maintained in the order that their requests are received for waiting lists.

(3) For each striped bass permit that has been revoked or voluntarily relinquished, a striped bass permit may be issued to an applicant on the waiting list.

(4) The Department shall issue an available striped bass permit to the first person on the appropriate waiting list to fish for striped bass.

(5) Any striped bass permit issued by the Department in accordance with this section shall be issued without an associated share of any striped bass fishery.

D. Commercial Fisheries.

(1) Chesapeake Bay Individual Transferrable Quota Fishery.

(a) In the individual transferrable quota fishery, the following gear types may be used to harvest striped bass in accordance with a tidal fish license authorization as described in Natural Resources Article, § 4-701, Annotated Code of Maryland:

(i) Drift gill net;

(ii) Haul seine;

(iii) Hook and line; and

(iv) Pound net.

(b) A permittee registered in the individual transferrable quota fishery shall be provided an allocation which may be harvested at any time within the gear, time, and area restrictions set forth in COMAR 08.02.15.

(2) Atlantic Ocean Fishery.

(a) In the Atlantic Ocean, its coastal bays and their tidal tributaries, the following gears may be used to harvest striped bass in accordance with a tidal fish license authorization as described in Natural Resources Article, § 4-701, Annotated Code of Maryland:

(i) Otter and beam trawl; and

(ii) Gill net.

(b) A permittee registered in the Atlantic Ocean fishery shall be provided an allocation which may be harvested at any time within the gear, time, and area restrictions set forth in this chapter.

E. Pound Net Requirements to Participate in the Striped Bass Fishery.

(1) A pound net used to harvest striped bass shall have:

(a) A net body or crib at least 20 feet long by 20 feet wide with a bottom panel;

(b) Leader or hedging with a total length of at least 200 feet; and

(c) A heart or funnel leading into the pound net crib.

(2) A pound net used to harvest striped bass shall be registered as active with the Department in accordance with COMAR 08.02.25.07.

F. Temporary Transfers.

(1) A striped bass permit may only be transferred to a valid commercial tidal fish licensee.

(2) A commercial tidal fish licensee may temporarily transfer a striped bass permit or allocation if:

(a) The applicable fees required by Natural Resources Article, § 4-701, Annotated Code of Maryland have been paid; and

(b) The transfer has been completed in the manner specified by the Department in accordance with the provisions set forth in this section.

(3) Except as provided in §G of this regulation, a commercial tidal fish licensee may not transfer shares.

(4) Chesapeake Bay Individual Transferrable Quota Fishery.

(a) Prior to the start of the quota year, during the period July 15 through September 15, or the next business day if September 15 falls on a weekend, a commercial tidal fish licensee:

(i) May complete up to four transactions where a permit or a portion of their allocation is temporarily transferred from the permittee to another commercial tidal fish licensee; and

(ii) May receive any number of transfers.

(b) During the quota year, a commercial tidal fish licensee may only temporarily transfer a striped bass permit or allocation:

(i) During the time period established by public notice in accordance with §H of this regulation; and

(ii) In the increment of allocation established by public notice in accordance with §H of this regulation.

(c) An individual without a valid striped bass permit may not receive a transfer of allocation unless the individual also receives a valid striped bass permit in the transfer.

(d) A commercial tidal fish licensee may not receive an allocation transfer when the licensee possesses 1.5 percent or more of the total commercial quota for the Chesapeake Bay fisheries.

(5) Atlantic Fishery.

(a) Prior to the start of the quota year, during the period July 15 through September 15, or the next business day if September 15 falls on a weekend, a commercial tidal fish licensee may temporarily transfer:

(i) Allocation to another striped bass permittee;

(ii) A permit or permits to a commercial tidal fish licensee; or

(iii) Both allocation and a permit or permits to a commercial tidal fish licensee.

(b) During the quota year, a commercial tidal fish licensee may only temporarily transfer a striped bass permit or allocation:

(i) During the time period established by public notice in accordance with §H of this regulation; and

(ii) In the increment of allocation established by public notice in accordance with §H of this regulation.

(c) An individual without a valid striped bass permit may not receive a transfer of allocation unless the individual also receives a valid striped bass permit in the transfer.

(d) A commercial tidal fish licensee may not be assigned or have in possession more than four permits registered in the Atlantic Ocean and its coastal bays and tributaries.

(e) A commercial tidal fish licensee registered in the Atlantic Ocean fishery may not receive an allocation transfer that would result in the licensee possessing more than 10 percent of the Atlantic Ocean quota.

(6) Allocation may not be transferred between the Chesapeake Bay individual transferrable quota fishery and the Atlantic Ocean fishery.

(7) For purposes of the license suspension criteria, if a commercial tidal fish licensee transfers the striped bass permit to another licensee, the transferee that committed the violation shall be held responsible.

(8) The registration type of a striped bass permit may not be changed under a temporary transfer.

G. Permanent Transfers.

(1) A commercial tidal fish licensee may permanently transfer a striped bass permit if:

(a) The commercial tidal fish licensee makes application to the Department requesting transfer;

(b) The transferor is authorized to harvest striped bass in the current quota year;

(c) The transferee is a valid commercial tidal fish licensee, if the transferee is not receiving the transferor's commercial tidal fish license;

(d) The applicable fees required by Natural Resources Article, § 4-701, Annotated Code of Maryland have been paid; and

(e) All striped bass permits and associated tags are returned to the Department.

(2) A commercial tidal fish licensee may permanently transfer:

(a) A striped bass permit without transferring the licensee's tidal fish license;

(b) The licensee's share, or any portion of that share, without transferring the licensee's tidal fish license or striped bass permit;

(c) A striped bass permit and a portion of the licensee's share without transferring the licensee's tidal fish license, so long as the licensee retains at least one striped bass permit; or

(d) The licensee's share and all striped bass permits, along with the licensee's tidal fish license.

(3) Prior to the quota year, a permanent transfer of a licensee's share or any portion of that share may only be completed from July 15 through September 15, or the next business day if September 15 falls on a weekend.

(4) The time period described in §G(3) of this regulation does not apply to a transaction where the transferee also receives the transferor's commercial tidal fish license.

(5) During the quota year, a permanent transfer of a licensee's share or any portion of that share may be completed only:

(a) During the time period as established by public notice in accordance with §H of this regulation; and

(b) In the increment of share as established by public notice in accordance with §H of this regulation.

(6) A commercial tidal fish licensee registered in the Chesapeake Bay individual transferrable quota fishery may not receive a share in a permanent transfer that would result in the transferee possessing more than 1 percent of the total commercial quota for the Chesapeake Bay.

(7) The transfer limit described in §G(6) of this regulation does not apply to a transaction where the transferee also receives the transferor's commercial tidal fish license.

(8) A tidal fish licensee registered in the Atlantic Ocean fishery may not receive a share in a permanent transfer that would result in the transferee possessing more than 5 percent of the commercial quota for the Atlantic Ocean fishery.

(9) Beneficiary Transfers.

(a) An authorized representative of a deceased licensee may permanently transfer a striped bass permit regardless of the number of years the deceased licensee held the striped bass permit and without transferring the deceased's tidal fish license.

(b) An authorized representative of a deceased licensee may permanently transfer a share of the striped bass fishery without transferring the deceased's tidal fish license or striped bass permit.

(10) A transferee receiving a striped bass permit registered in the Chesapeake Bay individual transferrable quota fishery through a permanent transfer may not have that authorization changed to a striped bass permit registered in the Atlantic Ocean fishery.

(11) A transferee receiving a striped bass permit registered in the Atlantic Ocean fishery through a permanent transfer may not have that authorization changed to a striped bass permit registered in the Chesapeake Bay individual transferrable quota fishery.

(12) A transferee receiving a share of the Chesapeake Bay individual transferrable quota fishery through a permanent transfer may not transfer that share to the Atlantic Ocean fishery.

(13) A transferee receiving a share of the Atlantic Ocean fishery through a permanent transfer may not transfer that share to the Chesapeake Bay individual transferrable quota fishery.

H. Modification of Transfer Conditions.

(1) In order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Striped Bass, the Secretary shall establish or modify the time period for temporary or permanent transfers and the increment in which those transfers may occur by issuing a public notice on the Department's website that shall state its effective hour and date at least 48 hours in advance of the effective hour and date.

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

Md. Code Regs. 08.02.15.04

Regulations.04 amended at 21:21 Md. R. 1810; emergency status extended at 22:6 Md. R. 470; emergency status expired April 27, 1995
Regulations.04 amended as an emergency provision effective September 15, 1993 (20:20 Md. R. 1554); emergency status expired March 31, 1994
Regulations .04 adopted permanently effective November 11, 1991 (18:22 Md. R. 2395)
Regulations.04 amended as an emergency provision effective July 1, 1992 (19:14 Md. R. 1272)
Regulations.04 amended effective September 14, 1992 (19:18 Md. R. 1655)
Regulation .04 amended effective June 10, 2002 (29:11 Md. R. 882); July 21, 2003 (30:14 Md. R. 936); April 6, 2009 (36:7 Md. R. 521); November 30, 2009 (36:24 Md. R. 1857); July 23, 2012 (39:14 Md. R. 835); August 5, 2013 (40:15 Md. R. 1228); July 21, 2014 (41:14 Md. R. 798)
Regulation .04A amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 682); emergency status expired effective July 1, 2015
Regulation .04B amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131)
Regulation .04E amended effective August 11, 2008 (35:16 Md. R. 1390)
Regulation .04F amended effective January 1, 2014 (40:25 Md. R. 2068)
Regulation .04G amended effective August 8, 2011 (38:16 Md. R. 944)
Regulation .04 amended effective 42:15 Md. R. 1015, eff.8/3/2015; amended effective 44:14 Md. R. 655, eff. 7/17/2017; amended effective 44:26 Md. R. 1214, eff. 1/1/2018; amended effective 45:6 Md. R. 318, eff. 3/26/2018; amended effective 46:17 Md. R. 725, eff. 8/26/2019; amended effective 48:3 Md. R. 93, eff. 2/8/2021; amended effective 51:8 Md. R. 366, eff. 4/29/2024.