# COMAR Title 08 — Department of Natural Resources

## Subtitle 02 — Fisheries Service

### Chapter 01 — General

**Authority:** Natural Resources Article, §§4-205, 4-205.1, 4-206, 4-212, 4-214, 4-215, 4-215.2, 4-2A-03, 4-216, 4-306, 4-405, 4-407, 4-602, 4-604, 4-701, 4-701.1, 4-735, 4-745, 4-1006, 4-1006.1, 4-1009, 4-1011, 4-1012, 4-1103, 4-11A-02, 4-11A-04—4-11A-09, 4-11A-11, 4-11A-20, and 4-11A-21; State Government Article, §10-206;  Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulation .01 adopted effective April 29, 1991 (18:8 Md. R. 863)

**Administrative History:** Regulation .01 amended effective November 11, 1991 (18:22 Md. R. 2395); December 6, 1993 (20:24 Md. R. 1864); July 8, 2002 (29:13 Md. R. 990); March 26, 2018 (45:6 Md. R. 317)

**Administrative History:** Regulation .01A amended as an emergency provision effective July 13, 1994 (21:16 Md. R. 1378); adopted permanently effective September 12, 1994 (21:18 Md. R. 1508)

**Administrative History:** Regulation .01A amended effective February 28, 1994 (21:4 Md. R. 274); July 3, 1995 (22:13 Md. R. 966); October 20, 1997 (24:21 Md. R. 1446); December 1, 1997 (24:24 Md. R. 1670); December 29, 1997 (24:26 Md. R. 1756); November 29, 1999 (26:24 Md. R. 1857); October 27, 2003 (30:21 Md. R. 1528); November 16, 2009 (36:23 Md. R. 1816); September 6, 2010 (37:18 Md. R. 1213); September 3, 2012 (39:17 Md. R. 1147); August 29, 2016 (43:17 Md. R. 952); August 26, 2019 (46:17 Md. R. 725); November 4, 2019 (46:22 Md. R. 976); August 8, 2022 (49:16 Md. R. 757); August 5, 2024 (51:15 Md. R. 706)

**Administrative History:** Regulation .01G adopted effective March 29, 1993 (20:6 Md. R. 580)

**Administrative History:** Regulation .02 adopted as COMAR 08.02.07 effective July 23, 1975 (2:16 Md. R. 1138); amended effective August 15, 1983 (10:16 Md. R. 1450); recodified from COMAR 08.02.07 to 08.02.01.02 effective April 29, 1991 (18:8 Md. R. 863)

**Administrative History:** Regulation .02 amended effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .02A amended as an emergency provision effective October 11, 1983 (10:22 Md. R. 1963); emergency status expired February 7, 1984

**Administrative History:** Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 952)

**Administrative History:** Regulation .02C repealed effective August 29, 2016 (43:17 Md. R. 952)

**Administrative History:** Regulation .03 adopted as COMAR 08.02.10.01 effective June 25, 1975 (2:14 Md. R. 1014); amended effective August 15, 1983 (10:16 Md. R. 1450); recodified from COMAR 08.02.10.01 to COMAR 08.02.01.03 effective April 29, 1991 (18:8 Md. R. 863)

**Administrative History:** Regulation .03 amended effective January 20, 1992 (19:1 Md. R. 23)

**Administrative History:** Regulation .04 adopted as COMAR 08.02.07.04 and recodified to 08.02.01.04 effective May 27, 1991 (18:10 Md. R. 1115)

**Administrative History:** Regulation .04 amended as an emergency provision effective October 10, 2001 (28:22 Md. R. 1931); emergency status expired December 31, 2001

**Administrative History:** Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .04C amended effective April 13, 1992 (19:7 Md. R. 744); April 12, 1993 (20:7 Md. R. 640); March 14, 1994 (21:5 Md. R. 402); March 13, 1995 (22:5 Md. R. 366)

**Administrative History:** Regulation .05 adopted effective March 20, 2000 (27:5 Md. R. 582)

**Administrative History:** Regulation .05 amended effective June 23, 2003 (30:12 Md. R. 787); April 9, 2007 (34:7 Md. R. 697); April 2, 2012 (39:6 Md. R. 407); February 16, 2015 (42:3 Md. R. 314); March 26, 2018 (45:6 Md. R. 317)

**Administrative History:** Regulation .05A amended effective March 14, 2005 (32:5 Md. R. 579)

**Administrative History:** Regulation .05A amended as an emergency provision effective June 1, 2008 (35:13 Md. R. 1174); emergency status extended to December 16, 2008 (35:23 Md. R. 2011)

**Administrative History:** Regulation .05A amended effective December 1, 2008 (35:24 Md. R. 2077); February 8, 2010 (37:3 Md. R. 175); April 4, 2011 (38:7 Md. R. 429); February 15, 2016 (43:3 Md. R. 271); January 30, 2017 (44:2 Md. R. 84); January 27, 2020 (47:2 Md. R. 62);  July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .05I adopted effective February 8, 2010 (37:3 Md. R. 175)

**Administrative History:** Regulation .05I amended effective July 26, 2010 (37:15 Md. R. 998)

**Administrative History:** Regulation .06 adopted effective April 12, 2004 (31:7 Md. R. 582)

**Administrative History:** Regulation .06B amended effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .07 adopted effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .07B amended effective July 1, 2019 (46:13 Md. R. 589); March 23, 2020 (47:6 Md. R. 340)

**Administrative History:** Regulation .07D amended effective March 2, 2015 (42:4 Md. R. 432); March 26, 2018 (45:6 Md. R. 317)

**Administrative History:** Regulation .08 adopted effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .09 adopted effective October 17, 2011 (38:21 Md. R. 1276)

**Administrative History:** Regulation .09A amended effective November 11, 2024 (51:22 Md. R. 963)

**Administrative History:** Regulation .09H amended effective February 13, 2017 (44:3 Md. R. 188)

**Administrative History:** Regulation .10 adopted effective May 28, 2012 (39:10 Md. R. 659)

**Administrative History:** Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)

**Administrative History:** Regulation .11 adopted effective October 29. 2012 (39:21 Md. R. 1377)

**Administrative History:** Regulation .12 adopted effective November 25, 2013 (40:23 Md. R. 1932)

**Administrative History:** Regulation .12B amended effective June 15, 2020 (47:12 Md. R. 595); February 8, 2021 (48:3 Md. R. 93); December 11, 2023 (50:24 Md. R. 1040); January 6, 2025 (51:26 Md. R. 1186)

**Administrative History:** Regulation .13 adopted effective March 30, 2015 (42:6 Md. R. 510)

**Administrative History:** Regulation .13B amended effective December 14, 2020 (47:25 Md. R. 1067); December 12, 2022 (49:25 Md. R. 1049)

**Administrative History:** Regulation .13D amended effective June 5, 2017 (44:11 Md. R. 524)

**Administrative History:** Regulation .13E adopted effective December 11, 2023 (50:24 Md. R. 1040)

**Administrative History:** Regulation .14 adopted effective November 9, 2015 (42:22 Md. R. 1377)

**Administrative History:** Regulation .15 adopted effective August 29, 2016 (43:17 Md. R. 953)

**Administrative History:** Regulation .16 adopted effective February 11, 2019 (46:3 Md. R. 106)

**Administrative History:** Regulation .16C amended effective September 23, 2019 (46:19 Md. R. 813); March 9, 2020 (47:5 Md. R. 310)

#### Regulation .01 Fishery Management Plans.

*COMAR 08.02.01.01*

A. The following Fishery Management Plans are adopted and incorporated by reference:

  (1) Chesapeake Bay Alosid Management Plan (July 1989), and Amendment I 1989 Chesapeake Bay Alosid Management Plan (June 1998);

  (2) Chesapeake Bay Blue Crab Management Plan (July 1989); Chesapeake Bay Blue Crab Management Plan (June 1997), Amendment I 1997 Chesapeake Bay Blue Crab Fishery Management Plan (October 2003), and Amendment #2 1997 Chesapeake Bay Blue Crab Fishery Management Plan May 31, 2012;

  (3) Maryland Chesapeake Bay Oyster Management Plan (May 2019) and Amendment 1 to the 2019 Maryland Chesapeake Bay Oyster Management Plan (December 2023);

  (4) Chesapeake Bay Striped Bass Management Plan (December 1989), and Amendment I 1998 Chesapeake Bay Striped Bass Fishery Management Plan (CB SBFMP) (1998);

  (5) Chesapeake Bay Bluefish Management Plan (December 1990), and Amendment I of the 1990 Chesapeake Bay Program Bluefish Fishery Management Plan (October 2003);

  (6) Chesapeake Bay Weakfish and Spotted Sea Trout Management Plan (December 1990), and 2003 Chesapeake Bay Program (CBP) Weakfish (Cynoscion regalis) Fishery Management Plan (FMP) (December 2003);

  (7) Chesapeake Bay Summer Flounder Management Plan (December 1991) and Amendment I Chesapeake Bay Summer Flounder Management Plan (1998);

  (8) Chesapeake Bay Atlantic Croaker and Spot Fishery Management Plan (December 1991);

  (9) Chesapeake Bay American Eel Fishery Management Plan (December 1991) and Amendment 1 to the 1991 Chesapeake Bay American Eel Fishery Management Plan;

  (10) Chesapeake Bay Black Drum Fishery Management Plan (September 1993);

  (11) Chesapeake Bay Red Drum Fishery Management Plan (September 1993);

  (12) Chesapeake Bay and Atlantic Coast Horseshoe Crab Fishery Management Plan (1994);

  (13) Chesapeake and Atlantic Coast King and Spanish Mackerel Fishery Management Plan (1994);

  (14) Chesapeake Bay and Atlantic Coast Black Sea Bass Fishery Management Plan (October 1996);

  (15) Chesapeake Bay and Atlantic Coast Tautog Fishery Management Plan (December 1998);

  (16) Coastal Bays Blue Crab Fishery Management Plan (September 2001);

  (17) Coastal Bays Hard Clam Fishery Management Plan (February 2002);

  (18) Maryland Tidewater Yellow Perch Fishery Management Plan (November 2002) and Amendment 1 to the 2002 Maryland Tidewater Yellow Perch Fishery Management Plan (December 2017);

  (19) Fishery Management Plan for Largemouth Bass (Micropterus salmoides) in Maryland Tidewater (January 2014); and

  (20) Fishery Management Plan for Tidewater Catfish (December 2021).

B. Under Natural Resources Article, §4-215, Annotated Code of Maryland, and a fishery management plan adopted in §A or B of this regulation, the Department has authority to substitute a regulation necessary to implement a plan for an otherwise applicable provision of Natural Resources Article, Title 4, Annotated Code of Maryland. In this subtitle, an intent to substitute an implementing regulation for a statutory provision is indicated by the phrase, “Notwithstanding Natural Resources Article, §4- . . . ”.

#### Regulation .02 General Commercial License Requirements.

*COMAR 08.02.01.02*

A. Exemption from License Requirement. A buyer licensed by the Potomac River Fisheries Commission may buy seafood in Maryland without purchasing a Maryland license to buy, provided the seafood was caught in the Potomac River. In this regulation the term seafood includes finfish, crabs, lobsters, terrapin, oysters, hard-shell clams, and soft-shell clams.

B. Identification Number.

  (1) Unless otherwise required by this subtitle, all licensees shall display the identification number provided by the Department on every vessel, vehicle, gear, or place of business used to catch, hold, transport, process, sell, buy, or otherwise deal in seafood.

  (2) Display of Commercial Identification Number on Vessels and Vehicles.

    (a) The licensee’s commercial identification number shall be plain vertical block characters of not less than 3 inches in height and shall contrast with the color of the background.

    (b) All numbers shall be distinctly visible and legible.

    (c) Display on Vessels.

      (i) The licensee’s commercial identification number shall be painted or firmly attached to both sides of the vessel.

      (ii) The number shall be positioned on or above the hull, forward, but not on or near the bow, and in such a manner as to be clearly visible to passing boats.

    (d) Display on Vehicle.

      (i) The licensee’s commercial identification number shall be painted or firmly attached to the vehicle.

      (ii) The number shall be positioned on the front part of the body on the driver’s side.

#### Regulation .03 Violation of Regulations.

*COMAR 08.02.01.03*

A person who violates any provision of these regulations is guilty of a misdemeanor and, upon conviction, is subject to a penalty as set forth in Natural Resources Article, Title 4, Annotated Code of Maryland.

#### Regulation .04 Free Fishing Days.

*COMAR 08.02.01.04*

A. The Secretary may establish up to 3 free fishing days each calendar year.

B. During a free fishing day, a person may catch and possess finfish in the tidal and nontidal waters of the State for recreational purposes without an angler's license, Chesapeake Bay and coastal sport fishing license, or any fishing stamp normally required by the State, but shall otherwise observe all fishing laws and regulations.

C. The free fishing days are the first two Saturdays in June and July 4.

#### Regulation .05 Targets for the Number of Tidal Fish License Authorizations.

*COMAR 08.02.01.05*

A. The targets for the number of tidal fish license authorizations issued by the Department are the number of authorizations issued between September 1, 1998, and March 31, 1999, including adjustments made annually according to specifications listed in §B of this regulation, listed by the following categories:

B. The targets for the number of tidal fish licenses may be modified based on:

  (1) Recommendations of the Tidal Fisheries Advisory Commission;

  (2) Recommendations of fishery management plans adopted by:

    (a) The Department;

    (b) The Chesapeake Bay Program;

    (c) The Atlantic States Marine Fisheries Commission;

    (d) The Mid-Atlantic Fisheries Management Council; or

    (e) Any other appropriate management body;

  (3) The number of individuals historically participating;

  (4) Target species, size, number, weight, incidental catch, total biomass, annual harvest, mortality rates, and other factors which are necessary and appropriate;

  (5) The number of license conversions made in accordance with Natural Resources Article, §4-701(m), Annotated Code of Maryland; and

  (6) The number of authorizations purchased back from license holders by the Department.

C. Except for authorizations relinquished for conversions made in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, authorizations that are revoked or voluntarily relinquished to the Department may be reallocated to individuals on the commercial license waiting list maintained by the Department.

#### Regulation .06 Dividing Lines of the Chesapeake Bay, Sounds, and Straits.

*COMAR 08.02.01.06*

A. The boundaries set forth in §B of this regulation are designated as official dividing lines of the Chesapeake Bay, sounds, and straits.

B. Any creek, cove, or other tributary less than 100 yards in width that intersects any segment of the following delineating lines is not a part of the described area:

  (1) Chesapeake Bay. All of the waters of the State enclosed by a line beginning at a point at or near Maryland-Virginia Boundary Point 1, south of Smith Point, defined by Lat. 37°53.19'N and Long. 76°14.20'W; then running approximately 286° True to a point at or near the mean low water line of the shore, defined by Lat. 37°53.20'N and Long. 76°14.24'W; then running northerly along the mean low water line to a point at or near the south side of the south jetty at Smith Point, defined by Lat. 37°53.36'N and Long. 76°14.19'W; then running northeasterly along the mean low water line on the south side of the south jetty to a point at or near the east end of the south jetty, defined by Lat. 37°53.38'N and Long. 76°14.14'W; then running approximately 324° True to a point at or near the east end of the north jetty, defined by Lat. 37°53.41'N and Long. 76°14.17'W; then running southwesterly along the mean low water line on the north side of the north jetty to a point at or near the mean low water line of the shore, defined by Lat. 37°53.40'N and Long. 76°14.22'W; then running approximately 335° True to a point at or near Point Lookout, defined by Lat. 38°02.25'N and Long. 76°19.34'W; then running northerly along the shore to a point at or near Deep Point, defined by Lat. 38°07.16'N and Long. 76°20.47'W; then running approximately 71° True to a point at or near Saint Jerome Point, defined by Lat. 38°07.21'N and Long. 76°20.30'W; then running northerly along the shore to a point at or near Point No Point, defined by Lat. 38°08.28'N and Long. 76°19.25'W; then running northwesterly along the shore to a point at or near Cedar Point, defined by Lat. 38°17.93'N and Long. 76°22.38'W; then running westerly along the shore to a point at or near Hog Point, defined by Lat. 38°18.59'N and Long. 76°23.99'W; then running approximately 299° True to a point at or near Drum Point, defined by Lat. 38°19.14'N and Long. 76°25.27'W; then running northeasterly along the shore to a point at or near Cove Point, defined by Lat. 38°23.13'N and Long. 76°22.86'W; then running northwesterly along the shore to a point at or near the south side of Long Beach Harbor, defined by Lat. 38°27.87'N and Long. 76°28.25'W; then running approximately 358° True to a point at or near the north side of Long Beach Harbor, defined by Lat. 38°27.91'N and Long. 76°28.25'W; then running northerly along shore to a point at or near the south side of Fishing Creek, defined by Lat. 38°41.46'N and Long. 76°31.97'W; then running approximately 314° True to a point at or near the north side of Fishing Creek, defined by Lat. 38°41.48'N and Long. 76°31.10'W; then running northerly along shore to a point at or near Holland Point, defined by Lat. 38°43.58'N and Long. 76°31.62'W; then running approximately 349° True to a point at or near the shore at the southern entrance of Parker Creek, defined by Lat. 38°46.49'N and Long. 76°32.32'W; then running approximately 36° True to a point at or near the shore at the northern entrance of Parker Creek, defined by Lat. 38°46.63'N and Long. 76°32.20'W; then running northeasterly along shore to a point at or near the southern entrance of Broadwater Creek, defined by Lat. 38°47.37'N and Long. 76°31.44'W; then running approximately 43° True to a point at or near the northern entrance of Broadwater Creek, defined by Lat. 38°48.06'N and Long. 76°30.61'W; then running northerly along shore to a point at or near Curtis Point, defined by Lat. 38°51.19'N and Long. 76°29.83'W; then running approximately 330° True to a point at or near Dutchman Point, defined by Lat. 38°52.19'N and Long. 76°30.57'W; then running northeasterly along shore to a point at or near Saunders Point, defined by Lat. 38°53.19'N and Long. 76°29.44'W; then running approximately 49° True to a point at or near Thomas Point, defined by Lat. 38°54.44'N and Long. 76°27.61'W; then running approximately 10° True to a point at or near the northerly entrance of Fishing Creek, defined by Lat. 38°54.86'N and Long. 76°27.51'W; then running northerly along shore to a point at or near Tolley Point, defined by Lat. 38°56.48'N and Long. 76°27.02'W; then running approximately 355° True to a point at or near Greenbury Point, defined by Lat. 38°58.49'N and Long. 76°27.26'W; then running approximately 60° True to a point at or near Hacketts Point defined by Lat. 38°59.22'N and Long. 76°25.61'W; then running northeasterly along shore to a point at or near the southerly entrance of Moss Pond, defined by Lat. 39°00.01'N and Long. 76°24.71'W; then running approximately 5° True to a point at or near the northerly entrance of Moss Pond, defined by Lat. 39°00.14'N and Long. 76°24.69'W; then running northeasterly along shore to a point at or near the west entrance of Mezick Pond, defined by Lat. 39°00.45'N and Long. 76°24.28'W; then running approximately 55° True to a point at or near the easterly entrance of Mezick Pond, defined by Lat. 39°00.49'N and Long. 76°24.19'W; then running easterly along shore to a point at or near Sandy Point, defined by Lat. 39°00.70'N and Long. 76°23.67'W; then running northwesterly along shore to a point at or near the south entrance of the Little Magothy River, defined by Lat. 39°02.76'N and Long. 76°25.79'W; then running approximately 274° True to a point at or near the north entrance of the Little Magothy River, defined by Lat. 39°02.76'N and Long. 76°25.82'W; then running northwesterly along shore to a point at or near Persimmon Point, defined by Lat. 39°03.16'N and Long. 76°26.33'W; then running approximately 34° True to a point at or near Mountain Point, defined by Lat. 39°03.55'N and Long. 76°25.99'W; then running northerly along shore to a point at or near Bodkin Point, defined by Lat. 39°07.98'N and Long. 76°25.83'W; then running approximately 352° True to a point at or near North Point, defined by Lat. 39°11.72'N and Long. 76°26.53'W; then running northeasterly along shore to a point at or near the west entrance of Shallow Creek, defined by Lat. 39°12.19'N and Long. 76°26.20'W; then running approximately 71° True to a point at or near the east entrance of Shallow Creek, defined by Lat. 39°12.25'N and Long. 76°25.95'W; then running northeasterly along shore to a point at or near the east end of Back River Neck, defined by Lat. 39°13.76'N and Long. 76°23.91'W; then running approximately 65° True to a point at or near the west end of Pleasure Island, defined by Lat. 39°13.85'N and Long. 76°23.65'W; then running northeasterly along shore to a point at or near the east end of Pleasure Island, defined by Lat. 39°14.23'N and Long. 76°23.27'W; then running approximately 26° True to a point at or near the west end of Hart-Miller Island, defined by Lat. 39°14.36'N and Long. 76°23.19'W; then running easterly along shore to a point at or near the south end of Hart-Miller Island, defined by Lat. 39°14.23'N and Long. 76°22.44'W; then running northeasterly along shore to a point at or near the east end of Hart-Miller Island, defined by Lat. 39°15.44'N and Long. 76°20.62'W; then running northwesterly along shore to a point defined by Lat. 39°15.78'N and Long. 76° 21.28'W; then running approximately 316° True to a point at or near the east end of Booby Point, defined by Lat. 39°17.07'N and Long. 76°22.88'W; then running approximately 353° True to a point at or near Bowley Point, defined by Lat. 39°17.89'N and Long. 76°23.01'W; then running approximately 80° True to a point at or near Lower Island Point, defined by Lat. 39°18.25'N and Long. 76°20.39'W; then running easterly along shore to a point at or near Weir Point, defined by Lat. 39°18.30'N and Long. 76°20.15'W; then running northerly along shore to a point at or near the east tip of Carroll Island, defined by Lat. 39°18.89'N and Long. 76°19.68'W; then running approximately 121° True to a point at or near Ricketts Point, defined by Lat. 39°18.11'N and Long. 76°17.97'W; then running easterly along shore to a point at or near Robins Point, defined by Lat. 39°17.97'N and Long. 76°16.90'W; then running northerly along shore to a point at or near the south entrance of Boone Creek, defined by Lat. 39°19.85'N and Long. 76°15.97'W; then running approximately 23° True to a point at or near the north entrance of Boone Creek, defined by Lat. 39°19.92'N and Long. 76°15.94'W; then running northeasterly along shore to a point at or near Lego Point, defined by Lat. 39°20.21'N and Long. 76°15.25'W; then running approximately 58° True to a point at or near Abbey Point, defined by Lat. 39°20.97'N and Long. 76°13.69'W; then running northeasterly along shore to a point at or near the south entrance of Romney Creek, defined by Lat. 39°22.11'N and Long. 76°11.70'W; then running approximately 52° True to a point at or near Taylor Point, defined by Lat. 39°22.66'N and Long. 76°10.79'W; then running northeasterly along shore to a point at or near the south entrance of an unnamed creek, defined by Lat. 39°24.02'N and Long. 76°09.89'W; then running approximately 12° True to a point at or near the north entrance of an unnamed creek, defined by Lat. 39°24.04'N and Long. 76°09.88'W; then running northeasterly along shore to a point at or near the west entrance of Delph Creek, defined by Lat. 39°24.35'N and Long. 76°09.52'W; then running approximately 96° True to a point at or near the east entrance of Delph Creek, defined by Lat. 39°24.34'N and Long. 76°09.40'W; then running easterly along shore to a point at or near the west entrance of an unnamed creek, defined by Lat. 39°24.33'N and Long. 76°09.15'W; then running approximately 112° True to a point at or near Stoney Point, defined by Lat. 39°24.29'N and Long. 76°09.01'W; then running northeasterly along shore to a point at or near Black Point, defined by Lat. 39°26.11'N and Long. 76°06.11'W; then running approximately 11° True to a point at or near Mulberry Point, defined by Lat. 39°26.62'N and Long. 76°05.98'W; then running approximately 117° True to a point at or near Bear Point, defined by Lat. 39°26.20'N and Long. 76°04.93'W; then running northeasterly along the east shore of Spesutie Island to a point at or near Sandy Point, defined by Lat. 39°26.87'N and Long. 76°03.65'W; then running northerly along the east shore of Spesutie Island to a point at or near Locust Point, defined by Lat. 39°28.52'N and Long. 76°04.38'W; then running westerly along the north shore of Spesutie Island and the road causeway across Spesutie Narrows to a point at or near the southernmost point at the entrance of Swan Creek, defined by Lat. 39°29.22'N and Long. 76°06.82'W; then running approximately 289° True to a point at or near the northerly point at the entrance of Swan Creek, defined by Lat. 39°29.36'N and Long. 76°07.36'W; then running northerly along shore to a point at or near Concord Point, defined by Lat. 39°32.44'N and Long. 76°05.09'W; then running approximately 79° True to a point at or near Stump Point, defined by Lat. 39°32.79'N and Long. 76°02.80'W; then running approximately 105° True to a point at or near Carpenter Point, defined by Lat. 39°32.37'N and Long. 76°00.75'W; then running approximately 112° True to a point at or near Red Point defined by Lat. 39°31.75'N and Long. 75°58.84'W; then running southerly along the west shore of Turkey Point Neck to a point at or near Turkey Point, defined by Lat. 39°26.97'N and Long. 76°00.56'W; then running approximately 204° True to a point at or near the north side of Grove Point, defined by Lat. 39°23.87'N and Long. 76°02.34'W; then running southerly along shore to a point at or near Grove Point, defined by Lat. 39°23.49'N and Long. 76°02.47'W; then running approximately 251° True to a point at or near Howell Point, defined by Lat. 39°22.33'N and Long. 76°06.72'W; then running southeasterly along shore to a point at or near Meeks Point, defined by Lat. 39°20.77'N and Long. 76°08.21'W; then running approximately 210° True to a point at or near Rocky Point, defined by Lat. 39°20.07'N and Long. 76°08.73'W; then running southeasterly along shore to a point at or near Worton Point, defined by Lat. 39°19.14'N and Long. 76°11.13'W; then running approximately 202° True to a point at or near the west entrance of Fairlee Creek, defined by Lat. 39°16.19'N and Long. 76°12.67'W; then running southerly along the shore to a point at or near Swan Point, defined by Lat. 39°08.89'N and Long. 76°16.69'W; then running approximately 141° True to a point at or near Huntingfield Point, defined by Lat. 39°07.13'N and Long. 76°14.85'W; then running southerly along the shore of Eastern Neck to a point at or near Wilson Point, defined by Lat. 39°03.19'N and Long. 76°13.66'W; then running approximately 216° True to a point at or near the northwest corner of Eastern Neck Island, defined by Lat. 39°02.77'N and Long. 76°14.05'W; then running approximately 263° True to a point at or near Love Point, defined by Lat. 39°02.40'N and Long. 76°18.16'W; then running southerly along the west shore of Kent Island to a point at or near the easterly entrance of Broad Creek, defined by Lat. 38°58.52'N and Long. 76°20.28'W; then running approximately 254° True to a point at or near the westerly entrance of Broad Creek, defined by Lat. 38°58.50'N and Long. 76°20.39'W; then running southerly along the west and south shore of Kent Island to a point at or near Kent Point, defined by Lat. 38°50.18'N and Long. 76°22.10'W; then running approximately 102° True to a point at or near Wades Point, defined by Lat. 38°49.54'N and Long. 76°18.13'W; then running southerly along the shore to a point at or near Amys Marsh Point, defined by Lat. 38°43.78'N and Long. 76°20.54'W; then running approximately 172° True to a point at or near the northwest tip of Tilghman Island, defined by Lat. 38°43.23'N and Long. 76°20.44'W; then running southerly along the west shore of Tilghman Island to a point at or near Blackwalnut Point, defined by Lat. 38°40.24'N and Long. 76°20.37'W; then running approximately 137° True to a point at or near Cook Point, defined by Lat. 38°37.73'N and Long. 76°17.35'W; then running southeasterly along the west shore of Cook Point to a point at or near the northwest entrance of Covey Creek, defined by Lat. 38°36.11'N and Long. 76°16.23'W; then running approximately 158° True to a point at or near the southeast entrance of Covey Creek, defined by Lat. 38°35.86'N and Long. 76°16.10'W; then running southwesterly along shore to a point at or near the northeast entrance of Brannock Bay, defined by Lat. 38°35.54'N and Long. 76°16.38'W; then running approximately 237° True to a point at or near the southwest entrance of Brannock Bay at Mills Point, defined by Lat. 38°35.11'N and Long. 76°17.21'W; then running southwesterly along shore to a point at or near Hills Point, defined by Lat. 38°34.36'N and Long. 76°18.36'W; then running approximately 206° True to a point at or near the northerly tip of north James Island, defined by Lat. 38°31.54'N and Long. 76°20.14'W; then running along shore to a point at or near James Point, defined by Lat. 38°31.33'N and Long. 76°20.38'W; then running approximately 190° True to a point at or near the northwesterly tip of south James Island, defined by Lat. 38°30.99'N and Long. 76°20.46'W; then running southerly along shore to a point at or near the southerly tip of south James Island, defined by Lat. 38°30.13'N and Long. 76°20.28'W; then running approximately 181° True to a point at or near the westerly entrance of Oyster Creek, defined by Lat. 38°29.72'N and Long. 76°20.29'W; then running approximately 162° True to a point at or near the shore of Taylors Island, defined by Lat. 38°29.25'N and Long. 76°20.09'W; then running southeasterly along shore to a point at or near the north entrance of Punch Island Creek, defined by Lat. 38°25.35'N and Long. 76°17.26'W; then running approximately 161° True to a point at or near the south entrance of Punch Island Creek, defined by Lat. 38°25.16'N and Long. 76°17.17'W; then running southerly along the shore to a point at or near the north entrance of Barren Island Gap, defined by Lat. 38°22.23'N and Long. 76°16.43'W; then running approximately 163° True to a point at or near the entrance of Barren Island Gap, defined by Lat. 38°21.09'N and Long. 76°15.99'W; then running approximately 159° True to a point at or near Barren Island Point, defined by Lat. 38°20.62'N and Long. 76°15.77'W; then running southerly along the west shore of Barren Island to a point at or near the west shore of Barren Island, defined by Lat. 38°20.32'N and Long. 76°15.89'W; then running approximately 152° True to a point at or near the west shore of Barren Island, defined by Lat. 38°20.21'N and Long. 76°15.82'W; then running southerly along the west shore of Barren Island to a point at or near the west shore of Barren Island, defined by Lat. 38°19.90'N and Long. 76°15.61'W; then running approximately 171° True to a point at or near the west shore of Barren Island, defined by Lat. 38°19.85'N and Long. 76°15.60'W; then running southeasterly along the west shore of Barren Island to a point at or near the south end of Barren Island, defined by Lat. 38°19.46'N and Long. 76°15.43'W; then running approximately 124° True to a point at or near Pons Point, defined by Lat. 38°18.43'N and Long. 76°13.47'W; then running southeasterly along the west shore of Upper Hoopers Island to a point at or near Ferry Point, defined by Lat. 38°17.92'N and Long. 76°12.39'W; then running southeasterly along the Narrows Ferry Bridge to a point at or near the northwesterly point of Lower Hoopers Island, defined by Lat. 38°17.68'N and Long. 76°12.25'W; then running southeasterly along the west shore of Lower Hoopers Island to a point at or near the west side of Richland Cove, defined by Lat. 38°14.85'N and Long. 76°10.11'W; then running approximately 116° True to a point at or near the east side of Richland Cove, defined by Lat. 38°14.84'N and Long. 76°10.07'W; then running easterly along the shore to a point at or near the west side of Thorofare Creek, defined by Lat. 38°14.70'N and Long. 76°09.13'W; then running approximately 118° True to a point at or near the east side of Thorofare Creek, defined by Lat. 38°14.66'N and Long. 76°09.04'W; then running southerly and easterly to a point at or near Creek Point, defined by Lat. 38°13.97'N and Long. 76°07.87'W; then running approximately 140° True to a point at or near Okahanikan Point, defined by Lat. 38°11.54'N and Long. 76°05.26'W; then running southerly along the west shore of Bloodsworth Island to a point at or near the north side of Pone Cove, defined by Lat. 38°10.38'N and Long. 76°04.84'W; then running approximately 246° True to a point at or near the south side of Pone Cove, defined by Lat. 38°10.37'N and Long. 76°04.86'W; then running southerly along the west shore of Pone Island to a point at or near the south end of Pone Island, defined by Lat. 38°09.40'N and Long. 76°05.13'W; then running approximately 203° True to a point at or near the north end of Adam Island, defined by Lat. 38°09.25'N and Long. 76°05.20'W; then running along the west shore of Adam Island to a point at or near the south end of Adam Island, defined by Lat. 38°08.29'N and Long. 76°05.16'W; then running approximately 197° True to a point at or near the north end of Holland Island, defined by Lat. 38°07.76'N and Long. 76°05.36'W; then running southerly along the west side of Holland Island to a point at or near the south end of Holland Island, defined by Lat. 38°06.91'N and Long. 76°05.41'W; then running approximately 156° True to a point at or near the Dorchester-Somerset County line, defined by Lat. 38°04.78'N and Long. 76°04.18'W; then running approximately 154° True to a point at or near Fog Point, defined by Lat. 38°02.04'N and Long. 76°02.50'W; then running southerly along the west shore of Smith Island to a point at or near Channel Point, defined by Lat. 38°00.57'N and Long. 76°02.96'W; then running approximately 183° True to a point at or near the south entrance of Goose Harbor, defined by Lat. 37°59.45'N and Long. 76°03.04'W; then running southerly along the west shore of Smith Island to a point at or near the north side of Sheep Pen Gut, defined by Lat. 37°58.99'N and Long. 76°02.98'W; then running approximately 169° True to a point at or near the south side of Sheep Pen Gut, defined by Lat. 37°58.77'N and Long. 76°02.93'W; then running southerly along the west shore of Smith Island to a point at or near the intersection of the shoreline and the Maryland-Virginia state line, defined by Lat. 37°57.21'N and Long. 76°02.82'W; then running approximately 270° True to a point at or near Maryland-Virginia boundary point Sassafrass Hammock, defined by Lat. 37°57.21'N and Long. 76°03.12'W; then running approximately 245° True to the point of beginning, defined by Lat. 37°53.19'N and Long. 76°14.20'W.

  (2) Chesapeake Bay—Holland Straits. All of the waters of the State beginning at a point at or near the Dorchester-Somerset County line, where that line intersects with a line between Fog Point and the south end of Holland Island, defined by Lat. 38°04.78'N and Long. 76°04.18'W; then running approximately 336° True to a point at or near the south end of Holland Island, defined by Lat. 38°06.91'N and Long. 76°05.41'W; then running northerly along the east side of Holland Island to a point at or near the north end of Holland Island, defined by Lat. 38°07.76'N and Long. 76°05.36'W; then running approximately 17° True to a point at or near the south end of Adam Island, defined by Lat. 38°08.29'N and Long. 76°05.16'W; then running northerly along the east side of Adam Island to a point at or near the north end of Adam Island, defined by Lat. 38°09.25'N and Long. 76°05.20'W; then running approximately 23° True to a point at or near the south end of Pone Island, defined by Lat. 38°09.40'N and Long. 76°05.13'W; then running northeasterly along the south side of Pone Island to a point at or near the south side of Long Creek, defined by Lat. 38°09.78'N and Long. 76°04.17'W; then running approximately 7° True to a point at or near the north side of Long Creek, defined by Lat. 38°09.98'N and Long. 76°04.14'W; then running northeasterly along the south shore of Pone Island to a point at or near the west side of Swan Pond Creek, defined by Lat. 38°10.11'N and Long. 76°03.94'W; then running approximately 74° True to a point at or near the east side of Swan Pond Creek, defined by Lat. 38°10.16'N and Long. 76°03.72' W; then running southeasterly along the south shore of Bloodsworth Island to a point at or near Lower Island Point, defined by Lat. 38°08.86'N and Long. 76°01.90'W; then running approximately 133° True to a point at or near Sound Point, defined by Lat. 38°08.03'N and Long. 76°00.76'W; then running westerly along the north shore of South Marsh Island to a point at or near the east side of Gunbarrel Cove, defined by Lat. 38°07.81'N and Long. 76°01.49'W; then running approximately 239° True to a point at or near Gunbarrel Point, defined by Lat. 38°07.54'N and Long. 76°02.06'W; then running approximately 184° True to a point at or near the west side of Gunbarrel Cove, defined by Lat. 38°07.49'N and Long. 76°02.06'W; then running southerly to a point at or near the east side of Sheepshead Harbor Gut, defined by Lat. 38°05.12'N and Long. 76°02.09'W; then running approximately 226° True to a point at or near the west side of Sheepshead Harbor Gut, defined by Lat. 38°05.11'N and Long. 76°02.11'W; then running westerly along the shore of South Marsh Island to a point at or near Sedgy Point, defined by Lat. 38°05.64'N and Long. 76°03.36'W; then running approximately 281° True to a point at or near the easterly point of Pry Island, defined by Lat. 38°05.66'N and Long. 76°03.47'W; then running westerly along the north shore of Pry Island to a point at or near the southwesterly tip of Pry Island, defined by Lat. 38°05.68'N and Long. 76°03.70'W; then running approximately 203° True to the point of beginning, defined by Lat. 38°04.78'N and Long. 76°04.18'W.

  (3) Chesapeake Bay—Hoopers Straits. All of the waters of the State enclosed by a line beginning at a point at or near Okahanikan Point, defined by Lat. 38°11.54'N and Long. 76°05.26'W; then running approximately 320° True to a point at or near Creek Point, defined by Lat. 38°13.97'N and Long. 76°07.87'W; then running approximately 50° True to a point at or near a point on the shore at Jimson Weed Marsh, defined by Lat. 38°15.21'N and Long. 76°05.99'W; then running southeasterly along the shore of Jimson Weed Marsh and Bishop Head Marsh to a point at or near Bishops Head Point, defined by Lat. 38°12.93'N and Long. 76°01.94'W; then running approximately 188° True to a point at or near Piney Island Point, defined by Lat. 38°11.58'N and Long. 76°02.16'W; then running westerly along the north shore of Bloodsworth Island and Pone Island to the point of beginning, defined by Lat. 38°11.54'N and Long. 76°05.26'W.

  (4) Chesapeake Bay—Kedges Straits. All of the waters of the State enclosed by a line beginning at a point at or near Fishing Point at the northeast tip of Smith Island, defined by Lat. 38°01.39'N and Long. 75°59.14'W; then running westerly along the north shore of Smith Island to a point at or near Fog Point, defined by Lat. 38°02.04'N and Long. 76°02.50'W; then running approximately 334° True to a point at or near the intersection of the Dorchester-Somerset County line, defined by Lat. 38°04.78'N and Long. 76°04.18'W; then running approximately 23° True to a point at or near the southwesterly tip of Pry Island, defined by Lat. 38°05.68'N and Long. 76°03.70'W; then running easterly along the shore of Pry Island to a point at or near the east end of Pry Island, defined by Lat. 38°05.66'N and Long. 76°03.47'W; then running approximately 101° True to a point at or near Sedgy Point, defined by Lat. 38°05.64'N and Long. 76°03.36'W; then running southeasterly along the shore of South Marsh Island to a point at or near the west side of Sheepshead Harbor Gut, defined by Lat. 38°05.11'N and Long. 76°02.11'W; then running approximately 46° True to a point at or near the east side of Sheepshead Harbor Gut, defined by Lat. 38°05.12'N and Long. 76°02.09'W; then running easterly along the south shore of South Marsh Island to a point at or near Muscle Hole Point, defined by Lat. 38°04.67'N and Long. 76°00.34'W; then running approximately 164° True to the point of beginning, defined by Lat. 38°01.39'N and Long. 75°59.14'W.

  (5) Pocomoke Sound. All of the waters of the State enclosed by a line beginning at a point at or near Boundary Point Watkins Point 1898, defined by Lat. 37°54.68'N and Long. 75°52.98'W; then running approximately 347° True to a point at or near the shore of Pocomoke Sound, defined by Lat. 37°54.72'N and Long. 75°52.99'W; then running northeasterly along the shore to a point at or near Watkins Point, defined by Lat. 37°54.73'N and Long. 75°52.90'W; then running approximately 58° True to a point at or near the shore on the east side of Fishing Creek, defined by Lat. 37°55.03'N and Long. 75°52.29'W; then running easterly along the shore to a point at or near Oyster Point, defined by Lat. 37°55.18'N and Long. 75°51.57'W; then running approximately 51° True to a point at or near Westward Point, defined by Lat. 37°55.36'N and Long. 75°51.29'W; then running approximately 77° True to a point at or near Eastward Point, defined by Lat. 37°55.43'N and Long. 75°50.93'W; then running easterly along the north shore of Pocomoke Sound, including its tributaries, to a point at or near the northeast corner of Fair Island Canal, defined by Lat. 37°57.79'N and Long. 75°39.33'W; then running approximately 82° True to a point at or near the Maryland-Virginia line, south of Corner “N”, defined by Lat. 37°57.84'N and Long. 75°38.91'W; then running approximately 179° True to a point at or near Maryland-Virginia line Corner “M”, defined by Lat. 37°56.80'N and Long. 75°38.89'W; then running approximately 256° True to a point at or near Maryland-Virginia line Corner “L”, defined by Lat. 37°56.71'N and Long. 75°39.37'W; then running approximately 298° True to a point at or near Maryland-Virginia line Corner “K”, defined by Lat. 37°56.99'N and Long. 75°40.04'W; then running approximately 286° True to a point at or near Maryland-Virginia line Corner “J”, defined by Lat. 37°57.32'N and Long. 75°41.50'W; then running approximately 266° True to a point at or near Maryland-Virginia line Corner “H”, defined by Lat. 37°57.27'N and Long. 75°42.29'W; then running approximately 254° True to a point at or near Maryland-Virginia line Corner “D”, defined by Lat. 37°56.47'N and Long. 75°45.70'W; then running approximately 227° True to a point at or near Maryland-Virginia line Corner “A”, defined by Lat. 37°54.73'N and Long. 75°48.06'W; then running approximately 269° True to the point of beginning, defined by Lat. 37°54.68'N and Long. 75°52.98'W.

  (6) Tangier Sound. All of the waters of the State enclosed by a line beginning at a point at or near Maryland-Virginia Boundary Point “B”, Tangier Sound, defined by Lat. 37°54.40'N and Long. 75°57.16'W; then running approximately 10° True to a point at or near Maryland-Virginia Boundary Point “A”, Tangier Sound, defined by Lat. 37°56.76'N and Long. 75°56.62'W; then running approximately 281° True to a point at or near Maryland-Virginia line corner “Horse Hammock”, defined by Lat. 37°57.20'N and Long. 75°59.61'W; then running approximately 270° True to a point at or near the intersection of the Maryland-Virginia line and the east shore of Smith Island, defined by Lat. 37°57.20'N and Long. 75°59.68'W; then running northerly along the shore of Smith Island to a point at or near the shore on the south side of Big Thorofare, defined by Lat. 37°58.00'N and Long. 75°59.72'W; then running approximately 356° True to a point at or near the shore on the north side of Big Thorofare, defined by Lat. 37°58.32'N and Long. 75°59.74'W; then running northerly along the shore to a point at or near the south side of Little Thorofare, defined by Lat. 37°58.48'N and Long. 75°59.68'W; then running approximately 78° True to a point at or near the north side of Little Thorofare, defined by Lat. 37°58.49'N and Long. 75°59.60'W; then running northerly along the shore to a point at or near the south side of Joes Ridge Creek, defined by Lat. 38°00.01'N and Long. 75°59.14'W; then running approximately 51° True to a point at or near the north side of Joes Ridge Creek, defined by Lat. 38°00.06'N and Long. 75°59.05'W; then running northerly along the shore to a point at or near the south side of Barnes Cove, defined by Lat. 38°00.20'N and Long. 75°59.04'W; then running approximately 22° True to a point at or near the north side of Barnes Cove, defined by Lat. 38°00.24'N and Long. 75°59.02'W; then running northerly along the shore to a point at or near Fishing Point, defined by Lat. 38°01.39'N and Long. 75°59.14'W; then running approximately 344° True to a point at or near Muscle Hole Point, defined by Lat. 38°04.67'N and Long. 76°00.34'W; then running northerly along the east shore of South Marsh Island to a point at or near Long Point, defined by Lat. 38°06.42'N and Long. 76°01.03'W; then running approximately 287° True to a point at or near the north shore of Pungers Creek, defined by Lat. 38°06.48'N and Long. 76°01.26'W; then running northerly along the shore to a point at or near Pungers Point, defined by Lat. 38°06.95'N and Long. 76°01.04'W; then running approximately 33° True to a point at or near Marsh Point, defined by Lat. 38°07.24'N and Long. 76°00.80'W; then running northerly along the shore to a point at or near Sound Point, defined by Lat. 38°08.03'N and Long. 76°00.76'W; then running approximately 313° True to a point at or near Lower Island Point on the south side of Bloodsworth Island, defined by Lat. 38°08.86'N and Long. 76°01.90'W; then running northerly along the east side of Bloodsworth Island to a point at or near Piney Island Point, defined by Lat. 38°11.58'N and Long. 76°02.16'W; then running approximately 8° True to a point at or near Bishops Head Point, defined by Lat. 38°12.93'N and Long. 76°01.94'W; then running approximately 70° True to a point at or near the southwest tip of Clay Island, defined by Lat. 38°13.97'N and Long. 75°58.35'W; then running easterly along the south shore of Clay Island to a point at or near Frog Point, defined by Lat. 38°14.21'N and Long. 75°56.90'W; then running approximately 101° True to a point at or near Stump Point, defined by Lat. 38°13.73'N and Long. 75°53.82'W; then running easterly along the shore of Stump Point Marsh to a point at or near Mollie Point, defined by Lat. 38°13.75'N and Long. 75°53.03'W; then running approximately 33° True to a point at or near Bay Point, defined by Lat. 38°14.57'N and Long. 75°52.34'W; then running approximately 147° True to a point at or near Wingate Point, defined by Lat. 38°13.71'N and Long. 75°51.62'W; then running approximately 221° True to a point at or near Long Point, defined by Lat. 38°12.21'N and Long. 75°53.26'W; then running westerly along the shore to a point at or near the east shore of Rock Creek, defined by Lat. 38°11.46'N and Long. 75°55.34'W; then running approximately 256° True to a point at or near the west shore of Rock Creek, defined by Lat. 38°11.44'N and Long. 75°55.46'W; then running west and south near the north side of Upper Thorofare, defined by Lat. 38°10.19'N and Long. 75°56.86'W; then running approximately 199° True to a point at or near the south side of Upper Thorofare, on Deal Island, defined by Lat. 38°10.13'N and Long. 75°56.88'W; then running southerly along the west shore of Deal Island to a point at or near the north side of Lower Thorofare, near Wenona, defined by Lat. 38°07.61'N and Long. 75°56.98'W; then running approximately 115° True to a point at or near the south side of Lower Thorofare, on Little Deal Island, defined by Lat. 38°07.51'N and Long. 75°56.72'W; then running southerly along the west shore of Little Deal Island to a point at or near Pin Point, defined by Lat. 38°06.71'N and Long. 75°56.46'W; then running approximately 126° True to a point at or near Hazard Point, defined by Lat. 38°04.54'N and Long. 75°52.73'W; then running southerly along the west shores of Hazard Island and Pat Island to a point at or near Porpoise Point, defined by Lat. 38°03.62'N and Long. 75°52.47'W; then running approximately 153° True to a point at or near Tenth Point, defined by Lat. 38°02.31'N and Long. 75°51.62'W; then running southerly along the west shore of Janes Island to a point at or near Janes Island Point, defined by Lat. 37°58.39'N and Long. 75°53.89'W; then running approximately 159° True to a point at or near Great Point, defined by Lat. 37°57.39'N and Long. 75°53.41'W; then running southerly along the west shore of Cedar Island Marsh to a point at or near the north side of Cow Point Creek, defined by Lat. 37°56.25'N and Long. 75°53.71'W; then running approximately 168° True to a point at or near the south side of Cow Point Creek, defined by Lat. 37°56.12'N and Long. 75°53.68'W; then running southerly along the west shore of Cedar Island Marsh to a point at or near the north side of Fishing Creek, defined by Lat. 37°55.79'N and Long. 75°53.70'W; then running approximately 187° True to a point at or near the south side of Fishing Creek, defined by Lat. 37°55.69'N and Long. 75°53.71'W; then running southerly along the west side of Cedar Island to a point at or near the westernmost point of Cedar Island, defined by Lat. 37°55.53'N and Long. 75°53.88'W; then running approximately 197° True to a point at or near the Maryland-Virginia line at Blizzard Island Range 1916, defined by Lat. 37°54.60'N and Long. 75°54.24'W; then running approximately 265° True to the point of beginning, defined by Lat. 37°54.40'N and Long. 75°57.16'W.

#### Regulation .07 Recreational Fishing License and Registration.

*COMAR 08.02.01.07*

A. Nontidal Angler’s License. A person shall be licensed in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland, to fish in the nontidal waters of the State.

B. Chesapeake Bay and Coastal Sport Fishing License and Registration.

  (1) A person shall be licensed or registered in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, to fish for finfish in the Chesapeake Bay or its tidal tributaries up to tidal boundaries or in State waters of the Atlantic Ocean and the Atlantic coastal bays and tributaries.

  (2) Special Licenses.

    (a) Charter Boat License. The Department may issue a special charter boat license decal to an individual who pays the fee set forth in Natural Resources Article, §4-745, Annotated Code of Maryland, that is valid in tidal waters of the State for all individuals on a:

      (i) Single vessel operated by a fishing guide licensed in accordance with Natural Resources Article, §4-210.1 or 4-701, Annotated Code of Maryland; or

      (ii) Vessel under the guidance of a fishing guide licensed in accordance with Natural Resources Article, §4-210, Annotated Code of Maryland.

    (b) Recreational Boat License.

      (i) The Department may issue a special Chesapeake Bay and coastal sport fishing license decal, which when permanently affixed to a boat registered in any state shall authorize any person on the boat to fish for finfish in the Chesapeake Bay or in its tributaries up to tidal boundaries or in State waters of the Atlantic Ocean and the Atlantic coastal bays and tributaries, to an individual who pays the fee set forth in Natural Resources Article, §4-745, Annotated Code of Maryland; and

      (ii) The license decal may not be used on a boat that has been hired to take persons fishing.

  (3) License Decals. Except as provided in §B(4) of this regulation, a decal issued in place of a special license described in §B(2) of this regulation:

    (a) Shall be permanently affixed and displayed on either side of the forward half of the vessel for which issued;

    (b) Is not transferable;

    (c) Shall be color coded, dated, and of a size to be visible; and

    (d) Shall, when displayed, exempt all persons aboard the vessel for which the decal was issued or under the guidance of a licensed fishing guide from the requirement of possessing an individual license to fish recreationally.

  (4) Exemption for License Decals. If the license decal is not permanently affixed to the vessel, all persons aboard the vessel or under the guidance of a licensed fishing guide are exempt from the requirement of possessing an individual license to fish recreationally only if:

    (a) The individual who purchased the license decal is present on the vessel for which the decal was issued;

    (b) The individual who purchased the license decal is in possession of the proof of purchase issued by the Department; and

    (c) The license decal was purchased within the previous 10 calendar days.

  (5) Replacement Decals. If the decal issued in place of a Chesapeake Bay and coastal sport fishing license is lost or destroyed, the person to whom the decal was originally issued may apply for Replacement decal by submitting to the Department:

    (a) An application on a form required by the Department that includes a statement regarding the need for replacement; and

    (b) A fee of $5.

  (6) Registration. A person shall be registered in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland prior to fishing in the following areas that do not require a fishing license:

    (a) A free fishing area described in §D of this regulation with hook and line;

    (b) On private real property bordering on tidal water as an owner or tenant of the property, or a spouse or an immediate family member who resides on the property with the owner or tenant; and

    (c) On a boat licensed as a recreational boat as described in §B(2)(b) of this regulation.

  (7) Possession of License or Registration.

    (a) The Chesapeake Bay and coastal sport fishing license or registration shall be in the possession of the person fishing and is not transferable.

    (b) In addition to possession of the Chesapeake Bay and coastal sport fishing license or registration, the person fishing shall also possess a separate form of identification.

C. Consolidated Senior Sport Fishing License. A Maryland resident in the calendar year in which they attain the age of 65 shall be licensed in accordance with Natural Resources Article, §4-216, Annotated Code of Maryland, to fish for finfish in the nontidal waters of the State, Chesapeake Bay and its tributaries, or in State waters of the Atlantic Ocean and the Atlantic coastal bays and tributaries.

D. Free Fishing Areas in Tidal Waters. An individual fishing in an area described in this section shall be registered in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, and is exempt from all other license fees and requirements.

  (1) Anne Arundel County — Annapolis — Maryland Route 450 bridge over the Severn River.

  (2) Baltimore County — Cox’s Point on Back River and Deep Creek.

  (3) Baltimore City:

    (a) Canton Recreational Pier at Boston Street Pier Park;

    (b) Canton Waterfront Park; and

    (c) Middle Branch Park from fishing pier south of the Hanover — Potee Street Bridges, to Hanover Street Bridge over Middle Branch.

  (4) Caroline County:

    (a) Denton — Pier associated with G. Daniel Crouse Memorial Park on the east side of Choptank River north of Maryland Route 404 Bridge;

    (b) Federalsburg Municipal Park — City-owned bulkhead, pier and banks within park boundaries on Marshyhope Creek; and

    (c) Greensboro Waterfront Park — Upstream of the Sunset Avenue bridge within park boundaries on the Choptank River.

  (5) Cecil County:

    (a) Charlestown — Town-owned stone wharf on the Northeast River near the corner of Conestoga and Water Streets and the historic site of Charlestown Wharf;

    (b) North East — North East Community Park at mouth of North East Creek; and

    (c) Perryville — Within the park boundaries of Ice House Park downstream of the Route 40 bridge on the Susquehanna River.

  (6) Charles County — Friendship Landing — County-owned pier and property adjacent to the pier off Friendship Landing Road southeast of Ironsides Riverside Road (Route 425) on Nanjemoy Creek.

  (7) Dorchester County — Cambridge — Long Wharf from south end of city-owned bulkhead associated with the Municipal Yacht Basin within Cambridge Creek to the end of east breakwater at mouth of the Municipal Yacht Basin.

  (8) Harford County — Havre de Grace:

    (a) Tydings Memorial Park within designated area; and

    (b) Pier at the end of Congress Street.

  (9) Kent County — Chestertown — Maryland Route 213 Bridge over Chester River.

  (10) Somerset County:

    (a) Janes Island State Park — Bulkhead area on Daugherty Creek within the boundaries of Janes Island State Park; and

    (b) Crisfield City Dock — City dock/depot area at the end of West Main Street.

  (11) Wicomico County:

    (a) Salisbury — City-owned bulkhead on the Wicomico River between Mill Street and Division Street;

    (b) Sharptown — Pier and town dock off Ferry Street on the Nanticoke River; and

    (c) Tyaskin Park — County-owned park on Wetipquin Creek west of Route 349 at Tyaskin.

  (12) Worcester County:

    (a) Pocomoke City — City docks from Laurel Street boat ramp to U.S. Route 13 overpass and Winter Quarter dock on Pocomoke River;

    (b) Snow Hill — County bridge on Porter’s Crossing Road west of U.S. Route 113 and east of Route 354 on the Pocomoke River; and

    (c) Ocean City:

      (i) Bulkhead on Chicago Avenue between 2nd and 4th Streets; and

      (ii) Northside Park — Town-owned pier and park at 125th Street.

E. Free Fishing Area in Nontidal Waters.

  (1) An individual fishing in the area described in this section is exempt from all license and stamp requirements.

  (2) Frederick County — Gambrill State Park — Banks of the one acre pond located within Gambrill State Park boundaries, near the Park’s campground.

#### Regulation .08 Change of Address.

*COMAR 08.02.01.08*

A. A person who holds or is eligible to renew a license, registration, or permit, issued under Natural Resources Article, Title 4, Annotated Code of Maryland, or its implementing regulations shall update the person’s address of record within 30 days of any change.

B. Address updates shall be submitted in writing in the form and manner prescribed by the Department.

C. Unless updated, the address of record is the address a person provides to the Department when applying for or renewing a license, registration, or permit issued under Natural Resources Article, Title 4, Annotated Code of Maryland, or its implementing regulations.

#### Regulation .09 Dividing Lines; Tidal and Nontidal Waters.

*COMAR 08.02.01.09*

The following boundaries are designated as official dividing lines for tidal and nontidal waters. These boundary lines are for the purpose of delineating those areas in which nontidal fishing licenses or Chesapeake Bay and coastal sport fishing licenses are required and tidal or nontidal fishing regulations apply, and have no other legal significance.

A. Harford County.

  (1) Winter's Run: dam located 1/2 mile south of Maryland Route 7, the Old Philadelphia Road.

  (2) Bynum Run: Old Philadelphia Road Bridge on Maryland Route 7.

  (3) James Run: Old Philadelphia Road Bridge on Maryland Route 7.

  (4) Deer Creek: Railroad bridge located at the mouth of Deer Creek.

  (5) Gray's Run: CSX Railroad crossing upstream of U.S. 40.

  (6) Swan Creek: bridge on Old Post Road.

B. Baltimore County.

  (1) Big Gunpowder Falls: 3/4 of a mile south of Maryland Route 7, the Old Philadelphia Road at B&O Railroad Bridge.

  (2) Little Gunpowder Falls: 3/4 of a mile south of Maryland Route 7, the Old Philadelphia Road at B&O Railroad Bridge.

  (3) Stemmers Run: Golden Ring Road Bridge.

  (4) Stansbury Park Pond: base of dam.

C. Baltimore and Howard Counties. Patapsco River: B&O Viaduct at Relay.

D. Anne Arundel and Prince George's Counties.

  (1) Patuxent River:

    (a) Mainstem: bridge on Maryland Route 214;

    (b) Lyons Creek: Maryland Route 4;

    (c) Stocketts Run: confluence with the river;

    (d) Rock Run: confluence with the river;

    (e) Ferry Branch: confluence with the river.

  (2) Severn River: bridge on Maryland Route 3.

  (3) Furnace Branch: Maryland Route 2.

  (4) Anacostia River: Northeast Branch Bridge at northbound lane of Alternate U.S. Route 1, Bladensburg Road; Northwest Branch Bridge at southbound lane of Rhode Island Avenue.

  (5) Marley Creek: Maryland Route 10.

  (6) Magothy River: Catherine Avenue.

  (7) South River and its tributaries:

    (a) North River: Rutland Road;

    (b) Bacon Ridge Branch: Chesterfield Road;

    (c) Beards Creek: Maryland Route 214;

    (d) Broad Creek: Harry S Truman Parkway.

E. Charles, Montgomery, and Prince George's Counties.

  (1) Potomac River: man-made dam at Little Falls.

  (2) Piscataway Creek: bridge on Maryland Route 224 (Livingston Road).

  (3) Henson Run: bridge on Old Broad Creek Road.

  (4) Western Branch: bridge on Maryland Route 4.

  (5) Nanjemoy Creek:

    (a) Mainstem: Maryland Route 6;

    (b) Mill Run (Burgess Cr.): Maryland Route 6;

    (c) Hill Top Fork: Maryland Route 6;

    (d) Wards Run: Maryland Route 6.

  (6) Wicomico River: Allens Fresh, bridge on Maryland Route 234.

  (7) Port Tobacco Creek: bridge on Maryland Route 6.

  (8) Mattawoman Creek: bridge on Maryland Route 225.

  (9) Patuxent River:

    (a) Swanson Creek: Maryland Route 381;

    (b) Mataponi Creek: St. Thomas Church Road;

    (c) Spice Creek: Maryland Route 382, Croom Road;

    (d) Full Mill Branch: Maryland Route 382, Croom Road;

    (e) Black Swamp Creek: Maryland Route 382, Croom Road.

  (10) Pomonkey Creek: Fenwick Road.

  (11) Hoghole Run: Maryland Route 6.

  (12) Oxen Creek (Run): Maryland Route 210.

F. Kent and Queen Anne's Counties.

  (1) Chester River: 500 yards upstream from the Pennsylvania Railroad Bridge at Millington at the point where the Cypress Branch empties into the Chester River.

  (2) Unicorn Branch: the U.S. Geological Survey weir just east of Maryland Route 313.

  (3) Sassafras River: Maryland Route 299.

  (4) Herring Branch: Maryland Route 299.

  (5) Morgan Creek: Wallis Road.

  (6) Red Lion Branch: confluence with the Chester River.

  (7) Wye East River: Wye Mills Lake dam.

G. Caroline County.

  (1) Choptank River: bypass bridge on Maryland Route 313 on the outskirts of Greensboro.

  (2) Tuckahoe Creek: abandoned stone railroad bridge upstream of Maryland Route 404.

  (3) Watt's Creek: bridge on American Legion Road.

  (4) Fowling Creek: wooden bridge on Stratum Road about 1 mile below Maryland Route 16.

  (5) Chapel Branch: Maryland Route 313 near Piney Grove Church.

  (6) Marshy Hope Creek: confluence with Faulkner Branch.

  (7) Mill Creek: Maryland Route 16.

  (8) Hunting Creek: Maryland Route 331.

H. Wicomico and Worcester Counties.

  (1) Pocomoke River: bridge on Whiton Crossing, 3 miles south of Powellville.

  (2) Wicomico River: Isabella Street in Salisbury.

  (3) Beaverdam Creek: dam just upstream of U.S. Route 13 (Business).

  (4) Nassawango Creek: Furnace Road.

  (5) Barren Creek: U.S. Route 50 Bridge

I. St. Mary's County.

  (1) Park Hall Run: Maryland Route 5.

  (2) McIntosh Run: Maryland Route 5.

  (3) Great Mills Run: bridge on Maryland Route 5.

  (4) Town Run: bridge on Maryland Route 5.

  (5) Chaptico Run: Chaptico Bridge on Maryland Route 234.

  (6) Eastern Branch: Maryland Route 5.

  (7) Dynard Run: Maryland Route 242.

  (8) Tomakokin Creek: Maryland Route 470.

  (9) Buds Creek: Maryland Route 234.

  (10) Gilbert Swamp Run: Maryland Route 234.

  (11) St. Clements Creek: Maryland Route 234, bridge at town of Clements.

J. Calvert County.

  (1) St. Leonard's Creek: Parran Road.

  (2) Battle Creek: bridge about 2 miles east of Bowens (Sixes Road).

  (3) Parker's Creek: Maryland Route 765.

  (4) Hunting Creek: bridge on Maryland Route 263 about 100 yards west of Maryland Route 4.

  (5) Hall's Creek: Bridge on Maryland Route 4.

  (6) Lyons Creek: Bridge on Maryland Route 4.

  (7) Fishing Creek: 1-1/2 miles upstream from the mouth of the creek at Chesapeake Beach.

  (8) Plum Point Creek: bridge on Maryland Route 263.

  (9) Mills Creek: Maryland Route 760.

  (10) Hellen Creek: Mill Branch Road, near Solomons.

  (11) Island Creek: Ross Road, near Brooms Island.

  (12) St. Johns Creek: Maryland Route 4.

  (13) Quaker Swamp: Maryland Routes 2 and 4.

K. Susquehanna River. Conowingo Dam at U.S. Route 1.

L. Cecil County.

  (1) Octoraro Creek: bridge on U.S. Route 222.

  (2) Rock Run: confluence with the Susquehanna River.

  (3) Mill Creek: Old Elk Neck Road.

  (4) Principio Creek: Amtrak crossing below Maryland Route 7.

  (5) North East River: Maryland Route 7.

  (6) Little Elk Creek: U.S. Route 40.

  (7) Big Elk Creek: Maryland Route 213.

  (8) Bohemia River: Telegraph Road.

  (9) Happy Valley Branch: confluence with Susquehanna River.

M. Dorchester County.

  (1) Chicamicomico River: U.S. Route 50.

  (2) Transquaking River: dam at Higgins Mill Pond.

#### Regulation .10 Pilot Programs.

*COMAR 08.02.01.10*

A. The Department may conduct pilot projects to demonstrate and evaluate new approaches to managing fisheries under the fishery management plans as incorporated by reference in Regulation .01 of this chapter for the following species:

  (1) Blue crabs;

  (2) Striped bass;

  (3) Oysters;

  (4) Hard clams;

  (5) Yellow perch;

  (6) Summer flounder;

  (7) Black sea bass;

  (8) Tautog;

  (9) Bluefish;

  (10) Weakfish and spotted sea trout;

  (11) Black drum;

  (12) Red drum;

  (13) Horseshoe crabs;

  (14) American eel;

  (15) Alosid;

  (16) Croaker and Spot; and

  (17) Catfish.

B. Pilot Project Activities. Notwithstanding Natural Resources, Title 4 (except for §4-1002), Annotated Code of Maryland, and COMAR 08.02, pilot projects may be conducted to implement conservation and management measures as defined by a fishery management plan.

C. The Department may select and designate certain persons licensed under Natural Resources Article, §4-701, Annotated Code of Maryland, to participate in a pilot project. A participating licensee shall:

  (1) Apply for a pilot program permit on forms provided by the Department;

  (2) Have a pilot program permit in order to participate in a pilot program;

  (3) Comply with any conditions of the permit; and

  (4) Be eliminated from the pilot project at the discretion of the Department.

D. The Department shall:

  (1) Develop pilot projects in cooperation with the commercial fishing industry;

  (2) Prepare a written evaluation of the pilot project to be included in the annual Fisheries Management Plan report to the General Assembly; and

  (3) Provide adequate notice of a pilot program through various media so that an interested individual has reasonable opportunity to be informed.

#### Regulation .11 Black Bass Tournaments.

*COMAR 08.02.01.11*

A. Species. The following species are defined as black bass:

  (1) Largemouth bass (Micropterus salmoides); and

  (2) Smallmouth bass (Micropterus dolomieu).

B. Unless exempted by the black bass tournament permit, all regulations pertaining to the harvest of black bass are in effect for black bass tournaments and can be found in COMAR 08.02.05.19 and 08.02.11.03—.04 and .06.

C. Black Bass Tournament Permit.

  (1) A person shall obtain a black bass tournament permit prior to conducting a fishing tournament that:

    (a) Has ten or more boats participating;

    (b) Has a specific location where fish are weighed, measured, counted, or otherwise entered into the tournament; and

    (c) Provides anglers an offer, reward, or incentive for catching black bass.

  (2) A person shall apply to the Department, on forms provided by the Department, a minimum of:

    (a) 15 business days prior to the tournament if the tournament has ten to 49 boats entered; or

    (b) 30 business days prior to the tournament if the tournament has 50 or more boats entered.

  (3) The black bass tournament permit may authorize more than one tournament provided the tournaments occur within the same calendar year.

  (4) Transfers of black bass tournament permits are not permitted.

  (5) The permittee or release boat operator shall be in possession of the black bass tournament permit while engaged in the fishing tournament activities specified on the permit.

D. A person with a valid black bass tournament permit shall follow all conditions on the permit.

E. Dead Fish Disposal. If fish die during the tournament the permittee shall dispose of the dead fish in accordance with the conditions specified on the black bass tournament permit.

F. Release Boats. A person operating a vessel used to distribute fish following a tournament shall comply with the conditions specified on the black bass tournament permit.

G. The Department may deny an application for a black bass tournament permit for failing to comply with the conditions of the applicant’s most recent black bass tournament permit.

#### Regulation .12 Submerged Aquatic Vegetation (SAV) Protection Zones.

*COMAR 08.02.01.12*

A. General. A person may not use the following gear in the areas established in §B of this regulation:

  (1) Hydraulic clam dredge;

  (2) Bottom dredge; or

  (3) Shinnecock rake.

B. Submerged Aquatic Vegetation (SAV) Protection Zones.

  (1) Somerset County.

    (a) All of the waters of Saint Peter's Creek and Manokin River enclosed by a line beginning at a point at or near the north shore of Champ Point defined by Lat. 38° 08.725' N, Long. 75°49.161' W; then running approximately 43° True to a point at or near the shore defined by Lat. 38° 08.972' N, Long. 75°48.872' W; then running southwesterly along the shore to the point of beginning.

    (b) All of the waters of Big Sound Creek, Little Sound Creek, Laws Gut and Laws Thorofare enclosed by a line beginning at a point at or near the eastern shore of Big Sound Creek defined by Lat. 38°08.453' N, Long. 75°54.454' W; then running approximately 340° True to a point defined by Lat. 38°08.841' N, Long. 75°54.631' W; then running approximately 220° True to a point defined by Lat. 38°08.596' N, Long. 75°54.895' W; then running approximately 297° True to a point defined by Lat. 38°08.689' N, Long. 75°55.120' W; then running approximately 313° True to a point defined by Lat. 38°08.915' N, Long. 75°55.431' W; then running approximately 306° True to a point defined by Lat. 38°09.000' N, Long. 75°55.580' W; then running approximately 252° True to a point at or near the shore of Laws Thorofare defined by Lat. 38°08.963' N, Long. 75°55.730' W; then running easterly along the shore to the point of beginning.

    (c) All of the waters of Fishing Creek, Manokin River, Broad Creek, and Geanquakin Creek enclosed by a line beginning at a point at or near the shore at the west side of Fishing Creek defined by Lat. 38°08.383' N, Long. 75°54.458' W; then running approximately 175° True to a point defined by Lat. 38°08.354' N, Long. 75°54.455' W; then running along the southern shore to a point defined by Lat. 38°08.281' N, Long. 75°54.370' W; then running approximately 84° True to a point defined by Lat. 38°08.294' N, Long. 75°54.154’ W; then running approximately 38° True to a point defined by Lat. 38°08.481' N, Long. 75°53.970’ W; then running approximately 7° True to a point defined by Lat. 38°08.780' N, Long. 75°53.919' W; then running approximately 85° True to a point defined by Lat. 38°08.865' N, Long. 75°52.885’ W; then running approximately 181° True to a point defined by Lat. 38°08.193 N, Long. 75°52.906’ W; then running approximately 105° True to a point defined by Lat. 38°08.018' N, Long. 75°52.083’ W; then running approximately 57° True to a point defined by Lat. 38°08.477' N, Long. 75°51.200' W; then running approximately 348° True to a point defined by Lat. 38°08.641' N, Long. 75°51.245' W; then running approximately 88° True to a point defined by Lat. 38°08.658' N, Long. 75°50.402' W; then running approximately 36° True to a point defined by Lat. 38°08.988' N, Long. 75°50.105' W; then running approximately 110° True to a point defined by Lat. 38°08.765' N, Long. 75°49.331' W; then running approximately 78° True to a point defined by Lat. 38°08.784' N, Long. 75°49.216' W; then running approximately 49° True to a point at or near the western shore of Saint Peter’s Creek defined by Lat. 38°08.850' N, Long. 75°49.126' W; then running westerly along the shore to the point of beginning.

    (d) All of the waters of Manokin River enclosed by a line beginning at a point at or near the shore defined by Lat. 38° 08.478' N, Long. 75°48.570' W; then running approximately 304° True to a point defined by Lat. 38°08.636' N, Long. 75°48.867' W; then running approximately 261° True to a point at or near the south shore of Champ Point defined by Lat. 38° 08.587' N, Long. 75°49.242' W; then running easterly along the shore to the point of beginning.

    (e) All of the waters of Manokin River surrounding Saint Pierre's Island enclosed by a line beginning at a point defined by Lat. 38°07.874' N, Long. 75°51.309' W; then running approximately 327° True to a point defined by Lat. 38°07.890' N, Long. 75°51.322' W; then running approximately 37° True to a point defined by Lat. 38°07.946' N, Long. 75°51.270' W; then running approximately 158° True to a point defined by Lat. 38°07.909' N, Long. 75°51.251' W; then running approximately 223° True to the point of beginning.

    (f) All of the waters of Manokin River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°07.851' N, Long. 75°55.424' W; then running approximately 66° True to a point at or near the southern shore of Shark Point defined by Lat. 38°07.893' N, Long. 75°55.306' W; then running westerly along the shore to the point of beginning.

    (g) All of the waters of Lower Thorofare and Manokin River enclosed by a line beginning at a point at or near the southern shore of Deal Island defined by Lat. 38°07.569' N, Long. 75°55.821' W; then running approximately 122° True to a point defined by Lat. 38°07.561' N, Long. 75°55.819' W; then running approximately 80° True to a point defined by Lat. 38°07.583' N, Long. 75°55.644' W; then running approximately 4° True to a point defined by Lat. 38°07.595' N, Long. 75°55.643' W; then running northerly along the shore to a point defined by Lat. 38°07.603' N, Long. 75°55.652' W; then running approximately 341° True to a point at or near the south shore of Deal Island defined by Lat. 38°07.617' N, Long. 75°55.657' W; then running westerly along the shore to the point of beginning.

    (h) All of the waters of Lower Thorofare and Tangier Sound enclosed by a line beginning at a point at or near the western shore of Little Deal Island at Webster Point defined by Lat. 38°07.128' N, Long. 75°56.782' W; then running approximately 2° True to a point defined by Lat. 38°07.394' N, Long. 75°56.773' W; then running approximately 6° True to a point at or near the western shore of the Lower Thorofare inlet defined by Lat. 38°07.611' N, Long. 75°56.743' W; then running southerly along the shore to the point of beginning.

    (i) All of the waters of Manokin River enclosed by a line beginning at a point at or near the southern shore of Little Deal Island defined by Lat. 38°06.932' N, Long. 75°56.271' W; then running approximately 45° True to a point at or near the southern shore of Little Deal Island near Claw Point defined by Lat. 38°07.014' N, Long. 75°56.167' W; then running southwesterly along the shore to the point of beginning.

    (j) All of the waters of Piney Creek, Manokin River and Tangier Sound enclosed by a line beginning at a point at or near the southern shore of Little Deal Island at Pin Point defined by Lat. 38°06.757' N, Long. 75°56.556' W; then running approximately 127° True to a point defined by Lat. 38°06.733' N, Long. 75°56.519' W; then running easterly along the shore to a point defined by Lat. 38°06.728' N, Long. 75°56.473' W; then running approximately 27° True to a point at the eastern shore of the entrance to Piney Creek defined by Lat. 38°06.873' N, Long. 75°56.379' W; then running westerly along the shore to the point of beginning.

    (k) All of the waters of Hall Creek and Big Annemessex River enclosed by a line beginning at a point at or near Myrtle Point defined by Lat. 38°05.169' N, Long. 75°47.276' W; then running approximately 244° True to a point defined by Lat. 38°05.161' N, Long. 75° 47.298' W; then running approximately 297° True to a point defined by Lat. 38°05.172' N, Long. 75°47.326' W; then running approximately 337° True to a point defined by Lat. 38°05.273' N, Long. 75°47.380' W; then running approximately 271° True to a point defined by Lat. 38°05.275' N, Long. 75°47.442' W; then running approximately 256° True to a point defined by Lat. 38°05.252' N, Long. 75°47.552' W; then running approximately 12° True to a point at or near the shore defined by Lat. 38°05.263' N, Long. 75°47.549' W; then running easterly along the shore to the point of beginning.

    (l) All of the waters of Hall Creek, Moon Bay, Crane Cove, Fords Cove, Muddy Creek, Flatland Cove, Shirtpond Cove, Mine Cove, Hazard Cove, Goose Creek, Drum Point Cove, Teague Creek, Broad Creek, Big Annemessex River and Manokin River enclosed by a line beginning at a point at or near the shore at the west side of Hall Creek defined by Lat. 38°05.129' N, Long. 75°47.498' W; then running approximately 49° True to a point defined by Lat. 38°05.181' N, Long. 75°47.429' W; then running approximately 164° True to a point defined by Lat. 38°05.048' N, Long. 75°47.378' W; then running approximately 179° True to a point defined by Lat. 38°04.661' N, Long. 75°47.368' W; then running approximately 144° True to a point defined by Lat. 38°04.399' N, Long. 75°47.131' W; then running approximately 243° True to a point defined by Lat. 38°04.188' N, Long. 75°47.669' W; then running approximately 293° True to a point defined by Lat. 38°04.421' N, Long. 75°48.381' W; then running approximately 144° True to a point defined by Lat. 38°03.882' N, Long. 75°47.903' W; then running approximately 206° True to a point defined by Lat. 38°03.657' N, Long. 75°48.048' W; then running approximately 281° True to a point defined by Lat. 38°03.722' N, Long. 75°48.468' W; then running approximately 227° True to a point defined by Lat. 38°03.506' N, Long. 75°48.761' W; then running approximately 316° True to a point defined by Lat. 38°04.096' N, Long. 75°49.469' W; then running approximately 252° True to a point defined by Lat. 38°03.958' N, Long. 75°50.012' W; then running approximately 298° True to a point defined by Lat. 38°04.252' N, Long. 75°50.718' W; then running approximately 221° True to a point defined by Lat. 38°04.031' N, Long. 75°50.967' W; then running approximately 270° True to a point defined by Lat. 38°04.036' N, Long. 75°51.353' W; then running approximately 199° True to a point defined by Lat. 38°03.575' N, Long. 75°51.545' W; then running approximately 270° True to a point at or near the southern shore of Pat Island defined by Lat. 38°03.572' N, Long. 75°52.016' W; then running northwesterly along the shore to a point at or near the southern shore of Hazard Cove defined by Lat. 38°03.960' N, Long. 75°52.335' W; then running approximately 334° True to a point defined by Lat. 38°04.540' N, Long. 75°52.700' W; then running approximately 17° True to a point at or near the western shore of Hazard Island defined by Lat. 38°04.652' N, Long. 75°52.655' W; then running approximately 21° True to a point defined by Lat. 38°05.395' N, Long. 75°52.297' W; then running approximately 22° True to a point defined by Lat. 38°06.045' N, Long. 75°51.973' W; then running approximately 46° True to a point defined by Lat. 38°07.209' N, Long. 75°50.436' W; then running approximately 13° True to a point defined by Lat. 38°07.598' N, Long. 75°50.324' W; then running approximately 54° True to a point at Cormal Point defined by Lat. 38°08.006' N, Long. 75°49.639' W; then running approximately 147° True to a point defined by Lat. 38°07.608' N, Long. 75°49.303' W; then running approximately 32° True to a point defined by Lat. 38°07.884' N, Long. 75°49.090' W; then running approximately 51° True to a point defined by Lat. 38°08.064' N, Long. 75°48.811' W; then running approximately 66° True to a point at or near the shore on the western shore of Fishing Point defined by Lat. 38°08.127' N, Long. 75°48.634' W; then running southerly along the shore to the point of beginning.

    (m) All of the waters of Gales Creek and Big Annemessex River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°04.598' N, Long. 75°45.961' W; then running approximately 92° True to a point defined by Lat. 38°04.605' N, Long. 75° 46.440' W; then running approximately 303° True to a point defined by Lat. 38°04.696' N, Long. 75°46.622' W; then running approximately 254° True to a point defined by Lat. 38°04.658' N, Long. 75°46.789' W; then running approximately 294° True to a point defined by Lat. 38°04.724' N, Long. 75°46.978' W; then running approximately 70° True to a point at or near the shore of Persimmon Point defined by Lat. 38°04.747' N, Long. 75°46.905' W; then running easterly along the shore to the point of beginning.

    (n) All of the waters of Colbourn Creek, Ipsenancy Creek, Gales Creek and Big Annemessex River enclosed by a line beginning at a point at or near the Colbourn Creek Boat Ramp defined by Lat. 38°02.988' N, Long. 75°48.246' W; then running approximately 20° True to a point defined by Lat. 38°03.146' N, Long. 75°48.170' W; then running approximately 67° True to a point defined by Lat. 38°03.285' N, Long. 75°47.767' W; then running approximately 141° True to a point defined by Lat. 38°03.643' N, Long. 75°47.436' W; then running approximately 55° True to a point defined by Lat. 38°03.922' N, Long. 75°46.943' W; then running approximately 24° True to a point defined by Lat. 38°04.405' N, Long. 75°46.667' W; then running approximately 57° True to a point defined by Lat. 38°04.473' N, Long. 75°46.534' W; then running approximately 87° True to a point defined by Lat. 38°04.485' N, Long. 75°46.371' W; then running approximately 29° True to a point defined by Lat. 38°04.528' N, Long. 75°46.347' W; then running approximately 77° True to a point defined by Lat. 38°04.576' N, Long. 75°46.073' W; then running approximately 137° True to a point at or near the shore on the southern shore of Gales Creek defined by Lat. 38°04.514' N, Long. 75°46.001' W; then running southwesterly along the shore to the point of beginning.

    (o) All of the waters of Colbourn Creek and Big Annemessex River enclosed by a line beginning at a point at or near the shore west of Long Point defined by Lat. 38°02.934' N, Long. 75°48.575' W; then running approximately 18° True to a point defined by Lat. 38°03.286' N, Long. 75° 48.428' W; then running approximately 75° True to a point defined by Lat. 38° 03.335' N, Long. 75° 48.202' W; then running approximately 170° True to a point defined by Lat. 38°03.235' N, Long. 75°48.180' W; then running approximately 217° True to a point at or near the eastern shore of Long Point defined by Lat. 38°03.071' N, Long. 75°48.333' W; then running westerly along the shore to the point of beginning.

    (p) All of the waters of Colbourn Creek enclosed by a line beginning at a point at the southern shore of Colbourn Creek defined by Lat. 38°02.647' N, Long. 75°47.649' W; then running approximately 281° True to a point defined by Lat. 38°02.747' N, Long. 75° 48.318' W; then running approximately 356° True to a point at or near the eastern side of Long Point at the entrance to Colbourn Creek defined by Lat. 38°03.021' N, Long. 75°48.345' W; then running southeasterly along the shore to the point of beginning.

    (q) All of the waters of Jones Creek, Joes Cove and Big Annemessex River enclosed by a line beginning at a point at or near the north shore of Jones Creek defined by Lat. 38°01.725' N, Long. 75°49.255' W; then running approximately 244° True to a point defined by Lat. 38°01.704' N, Long. 75°49.318' W; then running approximately 307° True to a point defined by Lat. 38°01.752' N, Long. 75°49.397' W; then running approximately 275° True to a point defined by Lat. 38°01.761' N, Long. 75°49.519' W; then running approximately 3° True to a point defined by Lat. 38°01.870' N, Long. 75°49.513' W; then running approximately 333° True to a point defined by Lat. 38°01.995' N, Long. 75°49.594' W; then running approximately 66° True to a point defined by Lat. 38°02.043' N, Long. 75°49.455' W; then running approximately 324° True to a point defined by Lat. 38°02.077' N, Long. 75°49.488' W; then running approximately 286° True to a point defined by Lat. 38°02.132' N, Long. 75°49.723' W; then running approximately 245° True to a point defined by Lat. 38°02.082' N, Long. 75°49.862' W; then running approximately 329° True to a point defined by Lat. 38°02.298' N, Long. 75°50.023' W; then running approximately 234° True to a point defined by Lat. 38°02.156' N, Long. 75°50.259' W; then running approximately 256° True to a point defined by Lat. 38°02.118' N, Long. 75°50.458' W; then running approximately 26° True to a point defined by Lat. 38°02.550' N, Long. 75°50.186' W; then running approximately 47° True to a point defined by Lat. 38°02.796' N, Long. 75°49.857' W; then running approximately 59° True to a point defined by Lat. 38°02.995' N, Long. 75°49.436' W; then running approximately 104° True to a point at or near the shore on the southwest side of Long Point defined by Lat. 38°02.842' N, Long. 75°48.666' W; then running southerly along the shore to the point of beginning.

    (r) All of the waters of Daugherty Creek, West Creek, Back Creek, Island Gut, Janes Island Gut, Old House Gut, Old House Cove, Big Annemessex River, Rock Hole, Rock Pond, Thru Creek, Red Hole, Acre Creek, Annemessex Canal, Ward Creek, Jones Creek and Little Annemessex River enclosed by a line beginning at a point at or near the west shore of Daugherty Creek defined by Lat. 37°58.774' N, Long. 75°51.883' W; then running approximately 210° True to a point defined by Lat. 37°58.458' N, Long. 75°52.138' W; then running approximately 229° True to a point defined by Lat. 37°58.141' N, Long. 75°52.584' W; then running approximately 265° True to a point defined by Lat. 37°58.138' N, Long. 75°52.726' W; then running approximately 302° True to a point defined by Lat. 37°58.331' N, Long. 75°53.120' W; then running approximately 230° True to a point at or near the shore south of Old House Cove defined by Lat. 37°58.202' N, Long. 75°53.338' W; then running northerly along shore past James Island Point to a point along the southern shore of Rock Hole defined by Lat. 38°01.181' N, Long. 75°52.181' W; then running approximately 344° True to a point defined by Lat. 38°01.414' N, Long. 75°52.273' W; then running approximately 329° True to a point defined by Lat. 38°01.630' N, Long. 75°52.428' W; then running approximately 64° True to a point along the shore at or near the northern shore of Rock Hole defined by Lat. 38°01.652' N, Long. 75°52.391' W; then running along the shore to a point at or near Tenth Point defined by Lat. 38°02.263' N, Long. 75°51.448' W; then running approximately 32° True to a point defined by Lat. 38°02.329' N, Long. 75°51.393' W; then running approximately 105° True to a point defined by Lat. 38°02.300' N, Long. 75°51.246' W; then running approximately 115° True to a point defined by Lat. 38°02.170' N, Long. 75°50.893' W; then running approximately 144° True to a point defined by Lat. 38°02.039' N, Long. 75°50.776' W; then running approximately 175° True to a point defined by Lat. 38°01.840' N, Long. 75°50.755' W; then running approximately 238° True to a point defined by Lat. 38°01.747' N, Long. 75°50.940' W; then running approximately 263° True to a point defined by Lat. 38°01.727' N, Long. 75°51.136' W; then running approximately 174° True to a point defined by Lat. 38°01.647' N, Long. 75°51.132' W; then running approximately 87° True to a point defined by Lat. 38°01.651' N, Long. 75°51.043' W; then running approximately 164° True to a point defined by Lat. 38°01.535' N, Long. 75°51.004' W; then running approximately 38° True to a point defined by Lat. 38°01.716' N, Long. 75°50.831' W; then running approximately 81° True to a point defined by Lat. 38°01.740' N, Long. 75°50.622' W; then running approximately 27° True to a point defined by Lat. 38°01.849' N, Long. 75°50.556' W; then running approximately 55° True to a point defined by Lat. 38°02.074' N, Long. 75°50.157' W; then running approximately 101° True to a point defined by Lat. 38°02.041' N, Long. 75°49.976' W; then running approximately 156° True to a point defined by Lat. 38°01.926' N, Long. 75°49.913' W; then running approximately 66° True to a point defined by Lat. 38°02.007' N, Long. 75°49.688' W; then running approximately 164° True to a point defined by Lat. 38°01.901' N, Long. 75°49.649' W; then running approximately 129° True to a point defined by Lat. 38°01.845' N, Long. 75°49.552' W; then running approximately 187° True to a point defined by Lat. 38°01.749' N, Long. 75°49.564' W; then running approximately 102° True to a point defined by Lat. 38°01.732' N, Long. 75°49.442' W; then running approximately 138° True to a point defined by Lat. 38°01.638' N, Long. 75°49.326' W; then running approximately 253° True to a point at the western shore of Jones Creek defined by Lat. 38°01.621' N, Long. 75°49.397' W; then running along shore to the point of beginning.

    (s) All of the waters of Daugherty Creek, Jenkins Creek and Little Annemessex River enclosed by a line beginning at a point at or near the southern shore of the entrance to Jenkins Creek defined by Lat. 37°57.187' N, Long. 75°51.821' W; then running approximately 354° True to a point defined by Lat. 37°57.495' N, Long. 75°51.863' W; then running approximately 344° True to a point at the shore defined by Lat. 37°57.910' N, Long. 75°52.007' W; then running northerly along the shore to a point defined by Lat. 37°57.939' N, Long. 75°52.009' W; then running approximately 20° True to a point defined by Lat. 37°58.124' N, Long. 75°51.925' W; then running approximately 26° True to a point defined by Lat. 37°58.353' N, Long. 75°51.787’ W; then running approximately 0° True to a point at or near the shore on the south side of the entrance to Somers Cove defined by Lat. 37°58.501' N, Long. 75°51.789' W; then running southerly to the point of beginning.

    (t) All of the waters of Cow Point Creek, Fishing Creek, Pond Creek, Muddy Creek, Cedar Straits, Cedar Island Creek, Green Straits, Crooked Creek, Crooked Creek Gut, the Prong Broad Creek, Daugherty Creek, Little Annemessex River, Pocomoke Sound, and Tangier Sound enclosed by a line beginning at a point at or near the western shore of Daugherty Creek/Broad Creek on Cedar Island defined by Lat. 37°56.567' N, Long. 75°51.539'W; then running approximately 172° True to a point defined by Lat. 37°56.302' N, Long. 75°51.492' W; then running approximately 174° True to a point defined by Lat. 37°56.076' N, Long. 75°51.470' W; then running approximately 141° True to a point defined by Lat. 37°55.805' N, Long. 75°51.195' W; then running approximately 182° True to a point defined by Lat. 37°55.683' N, Long. 75°51.204' W; then running approximately 192° True to a point defined by Lat. 37°55.390’ N, Long. 75°51.282' W; then running approximately 220° True to a point defined by Lat. 37°55.160' N, Long. 75°51.517' W; then running approximately 239° True to a point defined by Lat. 37°54.993’ N, Long. 75°51.866’ W; then running approximately 271° True to a point defined by Lat. 37°54.995’ N, Long. 75°52.386’ W; then running approximately 190° True to a point at or near the Maryland-Virginia state line defined by Lat. 37°54.689’ N, Long. 75°52.458’ W; then running approximately 269° True to a point at or near the Maryland-Virginia state line defined by Lat. 37°54.678’ N, Long. 75°52.982’ W; then running approximately 266° True to a point at or near the Maryland-Virginia state line defined by Lat. 37°54.620’ N, Long. 75°53.834’ W; then running approximately 22° True to a point defined by Lat. 37°55.005’ N, Long. 75°53.646’ W; then running approximately 346° True to a point defined by Lat. 37°55.378’ N, Long. 75°53.760’ W; then running 33° True to a point at the northern shore of Cedar Island Creek defined by Lat. 37°55.431’ N, Long. 75°53.710’ W; then running northerly along the western shore of Cedar Island to a point defined by Lat. 37°56.548’ N, Long. 75°53.454' W; then running approximately 2° True to a point defined by Lat. 37°56.707' N, Long. 75°53.444' W; then running approximately 77° True to a point at or near the south shore of Great Point Pond defined by Lat. 37°56.708' N, Long. 75°53.428' W; then running northerly along the shore to a point along the western shore of Muddy Creek defined by Lat. 37°57.208' N, Long. 75°53.348' W; then running approximately 37° True to a point defined by Lat. 37°57.447' N, Long. 75°53.125' W; then running approximately 116° True to a point defined by Lat. 37°57.270' N, Long. 75°52.665' W; then running approximately 161° True to a point defined by Lat. 37°57.115' N, Long. 75°52.599' W; then running approximately 96° True to a point at or near the western shore of the entrance to Daugherty Creek/Broad Creek defined by Lat. 37°57.068' N, Long. 75°51.985' W; then running southeasterly along the shore to the point of beginning.

    (u) All of the waters of Fishing Ditch, Broad Creek and Pocomoke Sound enclosed by a line beginning at a point at or near the western shore of Eastward Pont defined by Lat. 37°55.458' N, Long. 75°50.940' W; then running approximately 345° True to a point defined by Lat. 37°55.916' N, Long. 75°51.095' W; then running approximately 303° True to a point defined by Lat. 37°56.050' N, Long. 75°51.357' W; then running approximately 324° True to a point defined by Lat. 37°56.126' N, Long. 75°51.429' W; then running approximately 356° True to a point along the eastern shore of Daugherty Creek/Broad Creek defined by Lat. 37°56.426' N, Long. 75°51.456' W; then running easterly along the shore to a point at or near the western shore of Straight Gut defined by Lat. 37°56.343' N, Long. 75°50.970' W; the running approximately 133° True to a point along the eastern shore of Straight Gut defined by Lat. 37°56.325' N, Long. 75°50.946' W; then running southerly along the shore to the point of beginning.

    (v) All of the waters of Broad Creek Gut, Cow Gap Creek, Massey Creek, Little Ware Point Creek and Pocomoke Sound enclosed by a line beginning at a point at or near the eastern shore of Eastward point defined by Lat. 37°55.455' N, Long. 75°50.917' W; then running approximately 69° True to a point defined by Lat. 37°55.579' N, Long. 75°50.513' W; then running approximately 61° True to a point defined by Lat. 37°55.820' N, Long. 75°49.968' W; then running approximately 19° True to a point defined by Lat. 37°56.201' N, Long. 75°49.803' W; then running approximately 72° True to a point along the eastern shore of Little Ware Point Creek at or near Ware Point defined by Lat. 37°56.344' N, Long. 75°49.247' W then running southwesterly along the shore to the point of beginning.

    (w) All of the waters of Ware Point Creek enclosed by a line beginning at a point at or near the shore at the west side of the entrance of Ware Point Creek defined by Lat. 37°56.367' N, Long. 75°49.240' W; then running approximately 48° True to a point defined by Lat. 37°56.445' N, Long. 75°49.131' W; then running approximately 14° True to a point at or near the shore at the east side of the entrance to Ware Point Creek defined by Lat. 37°56.472' N, Long. 75°49.123' W; then running westerly along shore to the point of beginning.

    (x) All of the waters of Ape Hole Creek and Pocomoke Sound enclosed by a line beginning at a point at or near the north shore of Big Island defined by Lat. 37°56.554' N, Long. 75°49.120' W; then running approximately 356° True to a point at or near Long Point defined by Lat. 37°56.774' N, Long. 75°49.137' W then running southerly along the shore to the point of beginning.

    (y) All of the waters of Ape Hole Creek enclosed by a line beginning at a point at or near the shore defined by Lat. 37°57.075' N, Long. 75°49.573' W; then running approximately 352° True to a point at or near the shore defined by Lat. 37°57.245' N, Long. 75°49.604' W then running southerly along the shore to the point of beginning.

    (z) All of the waters of Ape Hole Creek enclosed by a line beginning at a point at or near the shore defined by Lat. 37°57.874' N, Long. 75°49.228' W; then running approximately 39° True to a point at or near the shore defined by Lat. 37°58.027' N, Long. 75°49.070' W then running southwesterly along the shore to the point of beginning.

    (aa) All of the waters of Gunby Creek and Pocomoke Sound enclosed by a line beginning at a point at or near the western shore of the island at the mouth of Gunby Creek defined by Lat. 37°58.426' N, Long. 75°46.587' W; then running approximately 307° True to a point defined by Lat. 37°58.431' N, Long. 75°46.596' W; then running approximately 354° True to a point at or near the shore defined by Lat. 37°58.522' N, Long. 75°46.609' W; then running easterly along the shore to a point at or near the shore defined by Lat. 37°58.509' N, Long. 75°46.539' W; then running approximately 198° True to a point at or near the shore of the island at the mouth of Gunby Creek defined by Lat. 37°58.428' N, Long. 75°46.574' W; then running westerly along the shore to the point of beginning.

    (bb) All of the waters of Sheepshead Harbor, Goose Creek, Sedgy Point Cove, Pry Cove, Johnson Cove, Little Pungers Creek, Gunbarrel Cove, Old Ground Gut, Sound Gut, Pungers Creek, Pungers Cove, Muscle Hole Creek, Kedges Straits, Holland Straits and Tangier Sound enclosed by, a line beginning at a point at or near the eastern shore of Sheepshead Harbor defined by Lat. 38°04.384’ N, Long. 76°00.900’ W; then running approximately 292° True to a point defined by Lat. 38°04.683’ N, Long. 76° 01.819’ W; then running westerly along the southern shore of Jones Island to a point at or near Sedgy Point defined by Lat. 38°05.490’ N, Long. 76°03.330’ W; then running approximately 24° True to a point at or near the shore on the south shore of Pry Cove defined by Lat. 38°05.640’ N, Long. 76°03.243’ W; then running southeasterly along the shore to a point a defined by Lat. 38°05.461’ N, Long. 76°02.755’ W; then approximately 25° True to a point along the north shore of Pry Cove defined by Lat. 38°06.109' N, Long. 76°02.384' W; then running northerly along the shore past Johnson Point to a point along the southern shore of Johnson Cove defined by Lat. 38°06.538' N, Long. 76° 02.682' W; then running approximately 350° True to a point defined by Lat. 38°06.659' N, Long. 76°02.711' W; then running approximately 15° True to a point defined by Lat. 38°07.019' N, Long. 76°02.583' W; then running approximately 78° True to a point defined by Lat. 38°07.030' N, Long. 76°02.515' W; then running approximately 41° True to a point at or near the southern shore of Gunbarrel Cove defined by Lat. 38°07.425' N, Long. 76°02.087' W; then running approximately 37° True to a point at or near Gunbarrel Point defined by Lat. 38°07.516' N, Long. 76°01.995’ W; then running approximately 58° True to a point at or near the shore along the north shore of Gunbarrel Cove defined by Lat. 38°07.905' N, Long. 76°01.229' W; then running along the north shore of South Marsh Island to a point defined by Lat. 38°07.251' N, Long. 76°00.822' W; then running approximately 169° True to a point defined by Lat. 38°07.104' N, Long. 76°00.548' W; then running approximately 190° True to a point defined by Lat. 38°06.105' N, Long. 76°00.526' W; then running approximately 227° True to a point at or near the shore on the south side of Pungers Cove defined by Lat. 38°06.227' N, Long. 76°01.045' W; then running southerly along the shore to a point on the western shore at the entrance to Thomas Island Gut defined by Lat. 38°05.957' N, Long. 76°00.860' W; then running approximately 137° True to a point defined by Lat. 38°05.892' N, Long. 76°00.784' W; then running southerly along the shore to a point at or near the eastern shore of Muscle Hole Creek near Muscle Hole Point defined by Lat. 38°04.679' N, Long. 76°00.409' W; then running approximately 178° True to a point defined by Lat. 38° 04.661' N, Long. 76° 00.401' W; then running approximately 233° True to a point at or near the western shore of Muscle Hole Creek defined by Lat. 38°04.523' N, Long. 76°00.636' W; then running easterly along the shore to the point of beginning.

    (cc) All of the waters of Big Thorofare, Shanks Creek, Tyler Creek, Parks Ditch, Sheep Pen Gut, Rhodes Point Gut, Long Branch, Little Thorofare, Jones Creek, Long Creek, Indian Creek, Tyler Ditch, Levering Creek, The Canal, Goose Harbor Cove, North End Bottom, Barnes Cove, Joes Ridge Creek, Twitch Cove, Otter Creek, Terrapin Sand Cove, Back Cove, Sawney Cove, Channel Point Gut, Lightning Knot Cove, Rock Creek, Juggling Creek, Joes Ridge Creek, Fishing Creek, Bridges Creek, Fog Point Cove, Kedges Straits, Tangier Sound and Chesapeake Bay enclosed by a line beginning at a point at or near the Maryland-Virginia line defined by Lat. 37°57.205' N, Long. 75°59.754' W; then running approximately 270° True to a point at or near the eastern shore of Tyler Creek defined by Lat. 37°57.208' N, Long. 76°00.300' W; then running along the Maryland-Virginia state line approximately 270° True to a point along the western shore of Tyler Creek defined by Lat. 37°57.209' N, Long. 76°01.068' W; then running along the Maryland-Virginia state line approximately 270° True to a point at or near the eastern shore of Shanks Creek defined by Lat. 37°57.211' N, Long. 76°01.753' W; then running along the Maryland-Virginia state line approximately 270° True to a point at or near the western shore of Shanks Creek defined by Lat. 37°57.211' N, Long. 76°02.289' W; then running along the Maryland-Virginia state line approximately 270° True to a point along the western shore of Smith Island defined by Lat. 37°57.212' N, Long. 76°02.638' W; then running northerly along the shore to a point defined by Lat. 37°57.457' N, Long. 76°02.747' W; then running approximately 336° True to a point defined by Lat. 37°58.056' N, Long. 76°03.089 W; then running approximately 0° True to a point defined by Lat. 37°59.866' N, Long. 76°03.107' W; then running approximately 290° True to a point defined by Lat. 37°59.926' N, Long. 76°03.287 W; then running approximately 1° True to a point defined by Lat. 38°00.075' N, Long. 76°03.281' W; then running approximately 73° True to a point defined by Lat. 38°00.117' N, Long. 76°03.108’ W; then running approximately 13° True to a point on the eastern shore of Smith Island defined by Lat. 38°01.190' N, Long. 76°02.812' W; then running approximately 14° True to a point defined by Lat. 38°02.074' N, Long. 76°02.526' W; then running approximately 62° True to a point defined by Lat. 38°02.454' N, Long. 76°01.653' W; then running approximately 89° True to a point defined by Lat. 38°02.443' N, Long. 76°00.765' W; then running approximately 107° True to a point defined by Lat. 38°02.202' N, Long. 75°59.740' W; then running approximately 143° True to a point defined by Lat. 38°01.433' N, Long. 75°58.998' W; then running approximately 161° True to a point defined by Lat. 37°59.332' N, Long. 75°58.075' W; then running approximately 187° True to a point defined by Lat. 37°58.598' N, Long. 75°58.187' W; then running approximately 212° True to a point at the Maryland-Virginia state line defined by Lat. 37°57.166' N, Long. 75°59.358' W; then running approximately 279° True to a point defined by Lat. 37°57.203' N, Long. 75°59.613' W; then running approximately 278° True to the point of beginning.

  (2) Dorchester County.

    (a) All of the waters of Chapel Creek, Todd’s Bay and Choptank River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°36.668' N, Long. 76°13.390' W; then running approximately 75° True to a point at or near the shore defined by Lat. 38°37.002' N, Long. 76°11.753' W; then running westerly along the shore to the point of beginning.

    (b) All of the waters of Chapel Creek, Todd’s Bay and Choptank River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°36.668' N, Long. 76°13.390' W; then running approximately 335° True to a point defined by Lat. 38°37.109' N, Long. 76°13.655' W; then running approximately 324° True to a point along the shore defined by Lat. 38°37.558' N, Long. 76°14.074' W; then running southerly along the shore to the point of beginning.

    (c) All of the waters of Cook's Point Cove and Choptank River enclosed by a line beginning at a point at or near the shore of Cook's Point defined by Lat. 38°37.253' N,76°16.573' W; then running approximately 110° True to a point defined by Lat. 38°37.067' N, Long. 76°15.903' W; then running approximately 60° True to a point on the shore defined by Lat. 38°37.391' N, Long. 76°15.199' W; then running westerly along the shore to the point of beginning.

    (d) All of the waters of Trippe Bay, Brannock Bay, and Covey Creek enclosed by a line beginning at a point at or near Mills Point defined by Lat. 38°34.948’ N, Long. 76°17.316’ W; then running approximately 27° True to a point defined by Lat. 38°36.211’ N, Long. 76°16.492’ W; then running approximately 89° True to a point along the shore defined by Lat. 38°36.215’ N, Long. 76°16.441’ W; then running southerly along the shore to the point of beginning.

    (e) All of the waters of Hooper Strait and Tangier Sound enclosed by a line beginning at a point at or near the northeastern shore of Bloodsworth Island west of Piney Island Point defined by Lat. 38°11.627’ N, Long. 76°2.335’ W; then running approximately 48° True to a point defined by Lat. 38°11.709’ N, Long. 76°2.218’ W; then running approximately 351° True to a point defined by Lat. 38°12.007’ N, Long. 76°2.281’ W; then running approximately 286° True to a point along the shore east of Fin Creek defined by Lat. 38°12.150’ N, Long. 76°2.900’ W; then running southeasterly along the shore to the point of beginning.

    (f) All of the waters of Piney Island Cove and Tangier Sound enclosed by a line beginning at a point at or near the southern shore at the entrance of Piney Island Cove defined by Lat. 38°11.012’ N, Long. 76°1.807’ W; then running approximately 329° True to a point at or near the northern shore at the entrance to Piney Island Cove defined by Lat. 38°11.553’ N, Long. 76°2.212’ W; then running southerly along the shore to the point of beginning.

    (g) All of the waters of Great Cove and Tangier Sound enclosed by a line beginning at a point at or near the southern shore at the entrance of Great Cove defined by Lat. 38°9.473’ N, Long. 76°1.979’ W; then running approximately 49° True to a point defined by Lat. 38°9.880’ N, Long. 76°1.392’ W; then running approximately 1° to a point at or near Great Cove Point at the northern shore of Great Cove defined by Lat. 38°10.390’ N, Long. 76°1.382’ W; then running southwesterly along the shore to the point of beginning.

    (h) All of the waters of Northeast Cove, Holland Straits and Tangier Sound enclosed by a line beginning at a point at or near Cove Point along the southern shore of Bloodsworth Island defined by Lat. 38°8.864’ N, Long. 76°3.090’ W; then running approximately 152° True to a point defined by Lat. 38°8.847’ N, Long. 76°3.080’ W; then running approximately 99° True to a point defined by Lat. 38°8.823’ N, Long. 76°2.903’ W; then running approximately 90° True to a point defined by Lat. 38°8.823’ N, Long. 76°2.232’ W; then running approximately 74° True to a point defined by Lat. 38°8.854’ N, Long. 76°2.102’ W; then running approximately 46° True to a point along the shore at or near Lower Island Point defined by Lat. 38°8.901’ N, Long. 76°2.042’ W; then running westerly along the shore to the point of beginning.

    (i) All of the waters of Northeast Cove, Muddy Creek, Swan Pond, Swan Pond Creek, Long Creek, Okahanikan Cove, Pone Cove, Holland Straits, Hooper Strait, and Chesapeake Bay enclosed by a line beginning at a point at or near Cove Point along the southern shore of Bloodsworth Island defined by Lat. 38°8.864’ N, Long. 76°3.090’ W; then running approximately 277° True to a point at the southern shore of Northeast Island defined by Lat. 38°8.968’ N, Long. 76°4.237’ W; then running approximately 199° True to a point defined by Lat. 38°7.827’ N, Long. 76°4.742’ W; then running approximately 322° True to a point defined by Lat. 38°7.967’ N, Long. 76°4.875’ W; then running approximately 291° True to a point defined by Lat. 38°8.143’ N, Long. 76°5.472’ W; then running approximately 0° True to a point defined by Lat. 38°8.930’ N, Long. 76°5.476’ W; then running approximately 1° True to a point defined by Lat. 38°10.307’ N, Long. 76°5.455’ W; then running approximately 2° True to a point defined by Lat. 38°11.618’ N, Long. 76°5.397’ W; then running approximately 93° True to a point defined by Lat. 38°11.537’ N, Long. 76°3.527’ W; then running approximately 136° True to a point at or near the shore defined by Lat. 38°11.506’ N, Long. 76°3.489’ W; then running southerly along the shore to the point of beginning.

  (3) Talbot County.

    (a) All of the waters of Shaw Bay enclosed by a line beginning at a point on the shore southeast of Bruffs Island defined by Lat. 38°51.047' N, Long. 76°11.163' W; then running approximately 50° True to a point defined by Lat. 38°51.429' N, Long. 76°10.586' W; then running approximately 13° True to a point at or near the shore defined by Lat. 38°51.607' N, Long. 76°10.536' W; then running southwesterly along the shore to the point of beginning.

    (b) All of the waters of Miles River between Woodland Creek and Leeds Creek enclosed by a line beginning at a point defined by Lat. 38°48.992’ N, Long. 76°11.820’ W; then running approximately 282° True to a point defined by Lat. 38°48.998’ N, Long. 76°11.851’ W; then running approximately 12° True to a point defined by Lat. 38°49.914’ N, Long. 76°11.600’ W; then running approximately 46° True to a point at or near the southern shore of the mouth of Woodland Creek defined by Lat. 38°50.065’ N, Long. 76°11.399’ W; then running southerly along the shore to the point of beginning.

    (c) All of the waters of Leeds Creek enclosed by a line beginning at a point on the northern shore of Leeds Creek defined by Lat. 38°48.558’ N, Long. 76°11.232’ W; then running approximately 188° True to a point defined by Lat. 38°48.525’ N, Long. 76°11.238’ W; then running approximately 304° True to a point near the northern shore of Leeds Creek defined by Lat. 38°48.577’ N, Long. 76°11.338’ W; then running easterly along the shore to the point of beginning.

    (d) All of the waters of Leeds Creek and Blakes Cove enclosed by a line beginning at a point at or near the southern shore of Leeds Creek defined by Lat. 38°48.269' N, Long. 76°11.182' W; then running approximately 355° True to a point defined by Lat. 38°48.292' N, Long. 76°11.185' W; then running approximately 35° True to a point defined by Lat. 38°48.384' N, Long. 76°11.103' W; then running approximately 103° True to a point defined by Lat. 38°48.371' N, Long. 76°11.029' W; then running approximately 170° True to a point defined by Lat. 38°48.328' N, Long. 76°11.020' W; then running approximately 235° True to a point at or near the southern shore of Blakes Cove defined by Lat. 38°48.320' N, Long. 76°11.035' W; then running westerly along the shore to the point of beginning.

    (e) All of the waters of Darmands Creek and Miles River enclosed by a line beginning at a point north of the entrance to Hunting Creek defined by Lat. 38°47.022’ N, Long. 76°10.781’ W; then running approximately 276° True to a point defined by Lat. 38°47.062’ N, Long. 76°11.240’ W; then running approximately 355° True to a point defined by Lat. 38°47.492’ N, Long. 76°11.285’ W; then running approximately 53° True to a point defined by Lat. 38°47.527’ N, Long. 76°11.223’ W; then running approximately 141° True to a point at or near the shoreline defined by Lat. 38°47.520’ N, Long. 76°11.215’ W; then running southeasterly along the shore to the point of beginning.

    (f) All of the waters of Hunting Creek and Miles River enclosed by a line beginning at a point on the eastern shore of Hunting Creek defined by Lat. 38°46.814' N, Long. 76°10.183' W; then running approximately 308° True to a point at or near the shoreline defined by Lat. 38°47.020' N, Long. 76°10.524' W; then running southeasterly along the shore to the point of beginning.

    (g) All of the waters of Hunting Creek and Miles River enclosed by a line beginning at a point on the northern shore of Miles River defined by then Lat. 38°46.516' N, Long. 76°09.541' W; running approximately 165° True to a point defined by Lat. 38°46.501' N, Long. 76°09.536' W; then running approximately 251° True to a point defined by Lat. 38°46.483' N, Long. 76°09.605' W; then running approximately 256° True to a point defined by Lat. 38°46.433' N, Long. 76°09.865' W; then running approximately 288° True to a point defined by Lat. 38°46.524' N, Long. 76°10.213' W; then running approximately 319° True to a point defined by Lat. 38°46.559' N, Long. 76°10.252' W; then running approximately 37° True to a point defined by Lat. 38°46.749' N, Long. 76°10.067' W; then running approximately 53° True to a point defined by Lat. 38°46.807' N, Long. 76°09.969' W; then running approximately 78° True to a point at or near the shore defined by Lat. 38°46.819' N, Long. 76°09.898' W; then running southerly along the shore to the point of beginning.

    (h) All of the waters of Hunting Creek and Miles River enclosed by a line that surrounds Long Point Island beginning at a point defined by Lat. 38°46.214' N, Long. 76°10.362' W; then running approximately 314° True to a point defined by Lat. 38°46.576' N, Long. 76°10.843' W; then running approximately 15° True to a point defined by Lat. 38°46.815' N, Long. 76°10.764' W; then running approximately 66° True to a point defined by Lat. 38°46.883' N, Long. 76°10.567' W; then running approximately 141° True to a point defined by Lat. 38°46.785' N, Long. 76°10.472' W; then running approximately 151° True to a point defined by Lat. 38°46.659' N, Long. 76°10.389' W; then running approximately 163° True to a point at or near the shore northeast of Long Point defined by Lat. 38°46.373' N, Long. 76°10.279' W; then running southerly to the point of beginning.

    (i) All of the waters of Oak Creek, Newcomb Creek, and Miles River enclosed by a line beginning at a point at or near the eastern shore of Oak Creek defined by Lat. 38°45.210' N, Long. 76°10.356' W; then running approximately 5° True to a point defined by Lat. 38°45.249' N, Long. 76°10.355' W; then running approximately 30° True to a point defined by Lat. 38°46.013' N, Long. 76°09.788' W; then running approximately 68° True to a point defined by Lat. 38°46.116' N, Long. 76°09.463' W; then running approximately 21° True to a point defined by Lat. 38°46.346' N, Long. 76°09.352' W; then running approximately 58° True to a point defined by Lat. 38°46.371' N, Long. 76°09.304' W; then running approximately 151° True to a point at or near the western shore of Peach Orchard Point defined by Lat. 38°46.343' N, Long. 76°09.286' W; then running southerly along the shore to the point of beginning.

    (j) All of the waters of Oak Creek enclosed by a line beginning at a point at or near the eastern shore of Oak Creek defined by Lat. 38°45.097’ N, Long. 76°10.441’ W; then running approximately 1° True to a point at or near the shore defined by Lat. 38°45.198’ N, Long. 76°10.440’ W; then running northeasterly along the shore at or near the western shore of Oak Creek defined by Lat. 38°45.208’ N, Long. 76°10.428’ W; then running 98° True to a point at or near the eastern shore of Oak Creek defined by Lat. 38°45.199’ N, Long. 76°10.355’ W; then running southerly along the shore to the point of beginning.

    (k) All of the waters of Miles River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°46.045' N, Long. 76°11.223' W; then running approximately 310° True to a point defined by Lat. 38°46.157' N, Long. 76°11.392' W; then running approximately 262° True to a point at or near the shore defined by Lat. 38°46.140' N, Long. 76°11.548' W; then running easterly along the shore to the point of beginning.

    (l) All of the waters of Spencer Creek enclosed by a line beginning at or near a point on the shore of Maiden Point defined by Lat. 38°46.379' N, Long. 76°12.070' W; then running approximately 342° True to a point defined by Lat. 38°46.451' N, Long. 76°12.100' W; then running approximately 349° True to a point at or near the shore defined by Lat. 38°46.509' N, Long. 76°12.115' W; then running approximately 21° True to a point at or near the shore defined by Lat. 38°46.535' N, Long. 76°12.102' W; then running southeasterly along the shore to a point defined by Lat. 38°46.503' N, Long. 76°12.065' W; then running approximately 68° True to a point at or near the shore of Maiden Point defined by Lat. 38°46.536' N, Long. 76°11.961' W; then running southerly along the shore to the point of beginning.

    (m) All of the waters of Spencer Creek enclosed by a line beginning at a point at or near the eastern shore defined by Lat. 38°46.124' N, Long. 76°12.030' W; then running approximately 311° True to a point at or near the western shore defined by Lat. 38°46.188' N, Long. 76°12.122' W; then running southeasterly along the shore to the point of beginning.

    (n) All of the waters of Miles River and Porter Creek enclosed by a line beginning at a point on the western shore of Hambleton Point defined by Lat. 38°49.195’ N, Long. 76°14.312’ W; then running approximately 310° True to a point at or near the shore of Emerson Point defined by Lat. 38°49.657’ N, Long. 76°15.016’ W; then running then running southeasterly along the shore to the point of beginning.

    (o) All of the waters of Miles River and Tilghman Creek enclosed by a line beginning at a point defined by Lat. 38°49.673’ N, Long. 76°15.341’ W; then running approximately 314° True to a point defined by Lat. 38°49.769’ N, Long. 76°15.469’ W; then running approximately 24° True to a point to a point at or near the western shore of Emerson Point defined by Lat. 38°49.988’ N, Long. 76°15.347’ W; then running southeasterly along the shore to the point of beginning.

    (p) All of the waters of Tilghman Creek and Eastern Bay enclosed by a line beginning at a point on the eastern shore of Rich Neck defined by Lat. 38°50.643' N, Long. 76°15.951' W; then running approximately 72° True to a point defined by Lat. 38°50.686' N, Long. 76°15.801' W; then running approximately 337° True to a point defined by Lat. 38°50.894' N, Long. 76°15.913' W; then running approximately 8° True to a point defined by Lat. 38°51.080' N, Long. 76°15.880' W; then running approximately 109° True to a point defined by Lat. 38°51.039' N, Long. 76°15.731' W; then running approximately 52° True to a point defined by Lat. 38°51.197' N, Long. 76°15.476' W; then running approximately 34° True to a point defined by Lat. 38°51.370' N, Long. 76°15.327' W; then running approximately 87° True to a point defined by Lat. 38°51.374' N, Long. 76°15.193' W; then running approximately 35° True to a point at or near the shore on the eastern shore of Tilghman Point defined by Lat. 38°51.392' N, Long. 76°15.181' W; then running southwesterly along the shore to the point of beginning.

    (q) All of the water of Eastern Bay enclosed by a line beginning at a point at Wades Point defined by Lat. 38°49.668' N, Long. 76°17.730' W; then running approximately 66° True to a point defined by Lat. 38°49.876' N, Long. 76°17.131' W; then running approximately 23° True to a point at or near the midpoint of the Claiborne Jetty defined by Lat. 38°50.247' N, Long. 76°16.932' W; then running approximately 62° True to a point at or near the shore at the end of the Claiborne Jetty defined by Lat. 38°50.289' N, Long. 76°16.831' W; then running southwesterly along the shore to the point of beginning.

    (r) All of the waters of Harbor Cove, Poplar Island Narrows and Eastern Bay enclosed by a line beginning at or near a point on the shore of Lowes Point defined by Lat. 38°46.565’ N, Long. 76°19.813’ W; then running approximately 11° True to a point defined by Lat. 38°46.621’ N, Long. 76°19.803’ W; then running approximately 28° True to a point at or near the shore defined by Lat. 38°48.514’ N, Long. 76°18.537’ W; then running southerly along the shore to the point of beginning.

    (s) All of the waters of Ferry Cove, Cabin Cove, Poplar Island Narrows and Eastern Bay enclosed by a line beginning at or near a point on the shore of Punch Point defined by Lat. 38°45.653’ N, Long. 76°20.182’ W; then running approximately 12° True to a point at or near the shore of the southern tip of Lowes Point defined by Lat. 38°46.324’ N, Long. 76°19.997’ W; then running southerly along the shore to the point of beginning.

    (t) All of the waters of Back Creek enclosed by a line beginning at a point at or near the shore near Tilghman Back Creek Park defined by Lat. 38°43.324' N, Long. 76°20.052' W; then running approximately 273° True to a point at or near the eastern shore of Anne Arundel Island defined by Lat. 38°43.328' N, Long. 76°20.138' W; then running northwest along the shore of Anne Arundel Island to a point defined by Lat. 38°43.447' N, Long. 76°20.314' W; then running approximately 17° True to a point defined by Lat. 38°43.622' N, Long. 76°20.245' W; then running approximately 42° True to a point defined by Lat. 38°43.725' N, Long. 76°20.128' W; then running approximately 101° True to a point at or near the shore defined by Lat. 38°43.723' N, Long. 76°20.113' W; then running southerly along the shore of Back Creek to the point of beginning.

    (u) All of the waters of Blackwalnut Cove enclosed by a line beginning at a point at or near the west shore of Blackwalnut Cove defined by Lat. 38°40.376' N, Long. 76°20.327' W; then running approximately 38° True to a point at or near the east shore of Blackwalnut Cove defined by Lat. 38°40.790' N, Long. 76°19.913' W; then running northwesterly along the shore to the point of beginning.

    (v) All of the waters of the Harris Creek and Choptank River enclosed by a line beginning at a point near Lower Bar Neck Point defined by Lat. 38°41.007’ N, Long. 76°19.384’ W; then running approximately 347° True to a point defined by Lat. 38°41.060’ N, Long. 76°19.400’ W; then running approximately 18° True to a point defined by Lat. 38°41.118’ N, Long. 76°19.375’ W; then running approximately 162° True to a point defined by Lat. 38°41.065’ N, Long. 76°19.354’ W; then running approximately 202° True to the point of beginning.

    (w) All of the waters of Dogwood Harbor, Harris Creek and Choptank River enclosed by a line beginning at a point at or near the Upper Bar Neck Point defined by Lat. 38°41.446’ N, Long. 76°19.413’ W; then running approximately 330° True to a point defined by Lat. 38°41.955’ N, Long. 76°19.793’ W; then running approximately 322° True to a point at or near the shore of Tilghman Island defined by Lat. 38°42.091’ N, Long. 76°19.929’ W; then running southeasterly along the shore to the point of beginning.

    (x) All of the waters of River Cove, Harris Creek, Muddy Cove and Choptank River enclosed by a line beginning at a point at or near the tip of Nelson Point defined by Lat. 38°42.551' N, Long. 76°16.288' W; then running approximately 298° True to a point defined by Lat. 38°42.889' N, Long. 76°17.109' W; then running approximately 267° True to a point defined by Lat. 38°42.850' N, Long. 76°18.170' W; then running approximately 14° True to a point at or near the shore of Turkey Neck Point defined by Lat. 38°43.607' N, Long. 76°17.938' W; then running easterly along the shore to the point of beginning.

  (4) Saint Mary's County.

    (a) All of the waters of Potomac River enclosed by a line beginning at a point at or near the western shore at the entrance to Flood Creek defined by Lat. 38°13.559' N, Long. 76°37.999' W; then running approximately 185° True to a point defined by Lat. 38°13.479' N, Long. 76°38.008' W; then running approximately 265° True to a point defined by Lat. 38°13.440' N, Long. 76°38.591' W; then running approximately 261° True to a point defined by Lat. 38°13.483' N, Long. 76°38.987' W; then running approximately 292° True to a point defined by Lat. 38°13.571' N, Long. 76°39.272' W; then running approximately 300° True to a point defined by Lat. 38°13.687' N, Long. 76°39.517' W; then running approximately 314° True to a point defined by Lat. 38°13.840' N, Long. 76°39.720' W; then running approximately 288° True to a point defined by Lat. 38°14.021' N, Long. 76°40.426' W; then running approximately 347° True to a point at or near the shore defined by Lat. 38°14.071' N, Long. 76°40.442' W; then running southeasterly along the shore to the point of beginning.

    (b) All of the waters of Saint Mary’s River enclosed by a line beginning at a point at or near the shore at Windmill Point defined by Lat. 38°09.488’ N, Long. 76°27.142’ W; then running approximately 94° True to a point defined by Lat. 38°09.470’ N, Long. 76°26.822’ W; then running approximately 32° True to a point defined by Lat. 38°09.520’ N, Long. 76°26.784’ W; then running approximately 334° True to a point defined by Lat. 38°09.589’ N, Long. 76°26.827’ W; then running approximately 308° True to a point defined by Lat. 38°09.634’ N, Long. 76°26.899’ W; then running approximately 240° True to a point at or near the shore north of Windmill Point defined by Lat. 38°09.581’ N, Long. 76°27.018’ W; then running southerly along the shore to the point of beginning.

    (c) All of the waters of St Inigoe's Creek enclosed by a line beginning at a point at or near the shore northeast of Priests Point defined by Lat. 38°09.301' N, Long. 76°26.030' W; then running approximately 28° True to a point defined by Lat. 38°09.354' N, Long. 76°25.993' W; then running approximately 72° True to a point defined by Lat. 38°09.378' N, Long. 76°25.904' W; then running approximately 41° True to a point defined by Lat. 38°09.479' N, Long. 76°25.791' W; then running approximately 57° True to a point at or near the shore defined by Lat. 38°09.519' N, Long. 76°25.712' W; then running approximately 84° True to a point at or near the western shore of Molls Cove defined by Lat. 38°09.521' N, Long. 76°25.690' W; then running southeasterly along the shore to the point of beginning.

    (d) All of the waters of Saint Mary's River enclosed by a line beginning at a point at or near the eastern shore of Cherryfield Point defined by Lat. 38°07.730' N, Long. 76°27.858' W; then running approximately 141° True to a point defined by Lat. 38°07.641' N, Long. 76°27.764' W; then running approximately 40° True to a point defined by Lat. 38°07.910' N, Long. 76°27.470' W; then running approximately 342° True to a point defined by Lat. 38°08.151' N, Long. 76°27.571' W; then running approximately 335° True to a point at or near the shore north of Cherryfield Point defined by Lat. 38°08.347' N, Long. 76°27.682' W; then running southerly along the shore to the point of beginning.

    (e) All of the waters of St. George’s Creek enclosed by a line beginning at a point at or near the shore on Ball Point defined by Lat. 38°07.251' N, Long. 76°28.380' W; then running approximately 305° True to a point at or near shore south of Dodson Point defined by Lat. 38°07.979' N, Long. 76°29.714' W; then running southeasterly along the shore to the point of beginning.

    (f) All of the waters of Saint Mary's River and Saint George's Creek enclosed by a line beginning at a point at or near the shore at the mouth of Island Creek defined by Lat. 38°06.513' N, Long. 76°28.012' W; then running approximately 357° True to a point at or near the shore at Indigo Point defined by Lat. 38°06.551' N, Long. 76°28.015' W; then running northerly along the shore to a point near Russell Point defined by Lat. 38°07.148' N, Long. 76°28.194' W; then running approximately 41° True to a point defined by Lat. 38°07.154' N, Long. 76°28.189' W; then running approximately 117° True to a point defined by Lat. 38°07.075' N, Long. 76°27.996' W; then running approximately 179° True to a point defined by Lat. 38°06.912' N, Long. 76°27.992' W; then running approximately 146° True to a point at or near the tip of the jetty defined by Lat. 38°06.632' N, Long. 76°27.754' W; then running along the jetty to a point at or near the shore defined by Lat. 38°06.498' N, Long. 76°27.941' W; then running westerly along to shore to the point of beginning.

    (g) All of the waters of Saint Mary's River enclosed by a line beginning at a point defined by Lat. 38°06.553' N, Long. 76°25.503' W; then running approximately 310° True to a point defined by Lat. 38°06.721' N, Long. 76°25.748' W; then running approximately 342° True to a point defined by Lat. 38°07.029' N, Long. 76°25.870' W; then approximately 137° True to a point defined by Lat. 38°06.794' N, Long. 76°25.590' W; then running approximately 163° True to the point of beginning.

    (h) All of the waters of Calvert Bay enclosed by a line beginning at a point at or near the shore defined by Lat. 38°06.002' N, Long. 76°23.406' W; then running approximately 292° True to a point defined by Lat. 38°06.035' N, Long. 76°23.510' W; then running approximately 6° True to a point at or near the shore south of the entrance to Calvert Creek defined by Lat. 38°06.135' N, Long. 76°23.496' W; then running southeasterly along the shore to the point of beginning.

  (5) Worcester County.

    (a) All of the waters of Sinepuxent Bay enclosed by a line beginning at a point at or near the shore south of Ocean City Municipal Airport defined by Lat. 38°18.198' N, Long. 75° 07.016' W; then running approximately 28° True to a point defined by Lat. 38°18.346' N, Long. 75°06.915' W; then running southerly along the shore to the point of beginning.

    (b) All of the waters of Snug Harbor and Sinepuxent Bay enclosed by a line beginning at a point at or near the shore south of Snug Harbor defined by Lat. 38°17.918' N, Long. 75° 07.415' W; then running approximately 67° True to a point defined by Lat. 38°18.007' N, Long. 75°07.148' W; then running approximately 9° True to a point at or near the shore south of Coffins Point defined by Lat. 38° 18.077' N, Long. 75° 07.134' W; then running southwesterly along the shore to the point of beginning.

    (c) All of the waters of Sinepuxent Bay enclosed by a line beginning at a point at or near the western shore of Assateague Island National Seashore defined by Lat. 38°17.806' N, Long. 75° 06.904' W; then running approximately 355° True to a point defined by Lat. 38°17.820' N, Long. 75°06.906' W; then running approximately 18° True to a point defined by Lat. 38°18.173' N, Long. 75°06.757' W; then running approximately 26° True to a point at or near the shore defined by Lat. 38°18.244' N, Long. 75°06.713' W; then running southerly along the shore to the point of beginning.

    (d) All of the waters of Grays Cove and Sinepuxent Bay enclosed by a line beginning at a point at or near Grays Cove Landing defined by Lat. 38°17.162' N, Long. 75° 08.226' W; then running approximately 175° True to a point defined by Lat. 38°16.852' N, Long. 75°08.191' W; then running approximately 121° True to a point defined by Lat. 38°16.832' N, Long. 75° 08.147' W; then running approximately 19° True to a point defined by Lat. 38°17.289' N, Long. 75°07.947' W; then running approximately 277° True to a point at or near the shore on the north side of Grays Cove defined by Lat. 38° 17.301' N, Long. 75° 08.053' W; then running southwesterly along the shore to the point of beginning.

    (e) All of the waters of Sinepuxent Bay enclosed by a line beginning at a point at or near the west shore of Assateague Island National Seashore defined by Lat. 38°16.374' N, Long. 75°07.408' W; then running approximately 276° True to a point defined by Lat. 38°16.419' N, Long. 75°07.904' W; then running approximately 2° True to a point defined by Lat. 38°16.807' N, Long. 75°07.881' W; then running approximately 14° True to a point defined by Lat. 38°17.252' N, Long. 75°07.747' W; then running approximately 32° True to a point defined by Lat. 38°17.695' N, Long. 75°07.394' W; then running approximately 102° True to a point defined by Lat. 38°17.685' N, Long. 75°07.281' W; then running approximately 71° True to a point at or near the west shore of Assateague Island defined by Lat. 38°17.782' N, Long. 75°06.916' W; then running southerly along the shore to the point of beginning.

    (f) All of the waters of Sinepuxent Bay enclosed by a line beginning at a point at or near the shore at Sandy Cove defined by Lat. 38°15.864' N, Long. 75°08.875' W; then running approximately 66° True to a point defined by Lat. 38°16.024' N, Long. 75°08.420' W; then running approximately 4° True to a point at or near the shore south of Grays Point defined by Lat. 38°16.275' N, Long. 75°08.398' W; then running southwesterly along the shore to the point of beginning.

    (g) All of the waters of Sinepuxent Bay enclosed by a line beginning at a point at or near the shore on the north side of the MD Route 611 causeway defined by Lat. 38°14.561' N, Long. 75°08.861' W; then running approximately 39° True to a point defined by Lat. 38°15.002' N, Long. 75°08.235' W; then running approximately 4° True to a point defined by Lat. 38°15.381' N, Long 75°08.202' W; then running approximately 65° True to a point at or near the west shore of Assateague Island defined by Lat. 38°15.535' N, Long. 75°07.795' W;; then running southerly along the shore to the point of beginning.

    (h) All of the waters of Sinepuxent Bay enclosed by a line beginning at a point at or near Green Point defined by Lat. 38°13.865' N, Long. 75°10.259' W; then running approximately 44° True to a point at or near the shore of Sandy Point on the south side of the MD Route 611 causeway defined Lat. 38°14.772' N, Long 75°09.138' W; then running westerly along the shore to the point of beginning.

    (i) All of the waters of Newport Bay and Sinepuxent Bay enclosed by a line beginning at a point at or near South Point defined by Lat. 38°12.532' N, Long. 75°11.511' W; then running approximately 197° True to a point defined by Lat. 38°12.444' N, Long. 75°11.549' W; then running approximately 258° True to a point defined by Lat. 38°12.407' N, Long. 75°11.764' W; then running approximately 326° True to a point defined by Lat. 38°12.776' N, Long. 75°12.070' W; then running approximately 356° True to a point defined by Lat. 38°13.220' N, Long. 75°12.106' W; then running approximately 23° True to a point defined by Lat. 38°13.507' N, Long. 75°11.955' W; then running approximately 135° True to a point at or near the western shore of Lower Sinepuxent Neck defined by Lat. 38°13.467’ N, Long. 75°11.901' W; then running southeasterly along the shore to the point of beginning.

    (j) All of the waters of Purnell Pond, Martin Bay and Sinepuxent Bay enclosed by a line beginning at a point at or near the shore at Martin Point defined by Lat. 38°05.716' N, Long. 75°17.890' W; then running approximately 222° True to a point defined by Lat. 38°05.580' N, Long. 75°18.047' W; then running approximately 316° True to a point at or near the eastern shore at the entrance to Purnell Pond defined by Lat. 38°06.104' N, Long. 75°18.686' W; then running easterly along the shore to a point defined by Lat. 38°05.939' N, Long. 75°17.931' W; then running approximately 172° True to the point of beginning.

    (k) All of the waters of Ready Cove, Easter Opening and Chincoteague Bay enclosed by a line beginning at a point at or near the southern shore south of Big Bay Point defined by Lat. 38°04.520' N, Long. 75° 17.598' W; then running approximately 255° True to a point defined by Lat. 38°04.325' N, Long. 75°18.525' W; then running approximately 339° True to a point at or near the western tip of an island along the southern side of Ready Cove defined by Lat. 38°04.620' N, Long. 75° 18.665' W; then running approximately 339° True to a point at or near the southwestern tip of an island along the northern side of Ready Cove defined by Lat. 38°04.984' N, Long. 75° 18.844' W; then running easterly along the shore to a point at or near the eastern tip of an island defined by Lat. 38°04.905' N, Long. 75° 18.436' W; then running approximately 100° True to a point at or near Big Bay Point defined by Lat. 38°04.766' N, Long. 75° 17.474' W; then running southerly along the shore to the point of beginning.

    (l) All of the waters of Johnson Bay and Rowley Cove enclosed by a line beginning at a point along the southern shore of Tizzard Island defined by Lat. 38°04.307' N, Long. 75°19.703' W; then running approximately 192° True to a point defined by Lat. 38°04.296' N, Long. 75°19.706' W; then running approximately 267° True to a point defined by Lat. 38°04.289' N, Long. 75°19.883' W; then running approximately 289° to a point defined by Lat. 38°04.459' N, Long. 75°20.491' W; then running approximately 314° True to a point defined by Lat. 38°04.613' N, Long. 75°20.688' W; then running approximately 59° True to a point at or near the western shore of Tizzard Island defined by Lat. 38°04.726' N, Long. 75°20.448' W; then running southerly along the shore of Tizzard Island to the point of beginning.

    (m) All of the waters of Chincoteague Bay enclosed by a line beginning at a point at or near the shore of a cove on the east side of Mills Island defined by Lat. 38°02.736' N, Long. 75°19.996' W; then running approximately 60° True to a point defined by Lat. 38°02.885' N, Long. 75°19.668' W; then running approximately 28° True to a point defined by Lat. 38°03.170' N, Long. 75°19.479' W; then running approximately 347° True to a point at or near the shore of a cove on the east side of Mills Island defined by Lat. 38°03.196' N, Long. 75°19.486' W; then running southwesterly along the shore of Mills Island to the point of beginning.

    (n) All of the waters of Chincoteague Bay enclosed by a line beginning at a point at or near the shore of a cove on the east side of Mills Island defined by Lat. 38°02.197' N, Long. 75°21.135' W; then running approximately 137° True to a point defined by Lat. 38°02.114' N, Long. 75°21.031' W; then running approximately 75° True to a point defined by Lat. 38°02.192' N, Long. 75°20.684' W; then running approximately 23° True to a point at or near the shore of a cove on the east side of Mills Island defined by Lat. 38°02.500' N, Long. 75°20.525' W; then running southwesterly along the shore of Mills Island to the point of beginning.

    (o) All of the waters of Chincoteague Bay and Sinepuxent Bay enclosed by a line beginning at a point at or near the west side of Assateague Island near the Maryland-Virginia state line defined by Lat. 38°01.591' N, Long. 75°15.159' W; then running along the Maryland-Virginia state line approximately 264° True to a point defined by Lat. 38°01.414' N, Long. 75°17.127' W; then running approximately 30° True to a point defined by Lat. 38°02.048' N, Long. 75°16.661' W; then running approximately 74° True to a point defined by Lat. 38°02.110' N, Long. 75°16.392' W; then running approximately 32° to a point defined by Lat. 38°02.786' N, Long. 75°15.871' W; then running approximately 352° True to a point defined by Lat. 38°04.191' N, Long. 75°16.126' W; then running approximately 23° True to a point defined by Lat. 38°05.748' N, Long. 75°15.359' W; then running approximately 45° True to a point defined by Lat. 38°07.958' N, Long. 75°12.710' W; then running approximately 0° True to a point defined by Lat. 38°11.172' N, Long. 75°12.676' W; then running approximately 45° True to a point defined by Lat. 38°11.849' N, Long. 75°11.829' W; then running approximately 59° True to a point defined by Lat. 38°12.659' N, Long. 75°10.139' W; then running approximately 358° True to a point defined by Lat. 38°13.478' N, Long. 75°10.170' W; then running approximately 41° True to a point defined by Lat. 38°13.779' N, Long. 75°09.844' W; then running approximately 36° True to a point defined by Lat. 38°14.353' N, Long. 75°09.309' W; then running approximately 49° True to a point at or near the shore of the south side of the MD Route 611 causeway defined by Lat. 38°14.664' N, Long. 75°08.862' W; then running southerly along the west shore of Assateague Island to the point of beginning.

  (6) Anne Arundel County. All of the waters of Old Colony Cove and Herring Bay enclosed by a line beginning at a point at or near the shore of Old Colony Cove at the entrance to Herrington Harbour defined by Lat. 38°43.691' N, Long. 76°32.520' W; then running northwesterly along the shore of Old Colony Cove to a point defined by Lat. 38°44.035' N, Long. 76°33.099' W; then running approximately 121° True to a point defined by Lat. 38°43.750' N, Long. 76°32.494' W; then running southwesterly along the jetty to the point of beginning.

  (7) Calvert County.

    (a) All of the waters of Rock Creek, Nan Cove and Patuxent River enclosed by a line beginning at a point at or near the eastern shore of the mouth of Rock Creek defined by Lat. 38°25.304' N, Long. 76°33.572' W; then running along the shore to a point on the western shore of Rock Creek defined by 38°25.307' N, Long. 76°33.680' W; then running approximately 121° True to a point defined by 38°25.235' N, Long. 76°33.525' W; then running approximately 99° True to a point defined by Lat. 38°25.209' N, Long. 76°33.310' W; then running approximately 59° True to a point defined by Lat. 38°25.254' N, Long. 76°33.215' W; then running approximately 34° True to a point defined by Lat. 38°25.334' N, Long. 76°33.147' W; then running approximately 308° True to a point defined by Lat. 38°25.354' N, Long. 76°33.178' W; then running approximately 182° True to a point at or near the western shore at the entrance of Nan Cove defined by Lat. 38°25.338' N, Long. 76°33.179' W; then running westerly along the shore to the point of beginning.

    (b) All of the waters of Nan Cove, and Patuxent River enclosed by a line beginning at a point at or near the western shore of Broomes Island defined by Lat. 38°25.162' N, Long. 76°33.080' W; then running approximately 295° True to a point defined by Lat. 38°25.173' N, Long. 76°33.110' W; then running approximately 345° True to a point defined by Lat. 38°25.199' N, Long. 76°33.118' W; then running approximately 358° True to a point defined by Lat. 38°25.309' N, Long. 76°33.124' W; the running approximately 9° True to a point at or near the eastern shore at the entrance of Nan Cove defined by Lat. 38°25.345' N, Long. 76°33.117' W; then running southerly along the shore to the point of beginning.

    (c) All the waters of Grapevine Cove and Patuxent River enclosed by a line beginning at a point at or near the southern shore of Grapevine Cove defined by Lat. 38°24.698' N, Long. 76°33.152' W; then running approximately 27° True to a point defined by Lat. 38°24.718' N, Long. 76°33.140' W; then running approximately 143° True to a point defined by Lat. 38°24.658' N, Long. 76°33.083' W; then running approximately 23° True to a point defined by Lat. 38°24.797' N, Long. 76°33.007' W; then running approximately 353° True to a point at or near the northern shore at the entrance of Grapevine Cove defined by Lat. 38°25.010' N, Long. 76°33.043' W; then running southerly along the shore to the point of beginning.

    (d) All of the waters of Island Creek and Patuxent River enclosed by a line beginning at a point at or near the eastern shore of Broomes Island defined by Lat. 38°24.427' N, Long. 76°33.021' W; then running approximately 70° True to a point defined by Lat. 38°24.431' N, Long. 76°33.008' W; then running approximately 8° True to a point defined by Lat. 38°24.510' N, Long. 76°32.993' W; then running approximately 40° True to a point defined by Lat. 38°24.601' N, Long. 76°32.894' W; then running approximately 58° True to a point defined by Lat. 38°24.691' N, Long. 76°32.711' W; then running approximately 326° True to a point at or near the western shore at the entrance of Island Creek defined by Lat. 38°24.701' N, Long. 76°32.720' W; then running southwesterly along the shore to the point of beginning.

    (e) All of the waters of Island Creek, Rattlesnake Gut and Patuxent River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°24.472' N, Long. 76°32.216' W; then running approximately 273° True to a point defined by Lat. 38°24.474' N, Long. 76°32.261' W; then running approximately 0° True to a point defined by Lat. 38°24.494' N, Long. 76°32.261' W; then running approximately 288° True to a point defined by Lat. 38°24.506' N, Long. 76°32.306' W; then running approximately 346° True to a point along the shore defined by Lat. 38°24.526' N, Long. 76°32.312' W; then running easterly along the shore to a point defined by Lat. 38°24.506' N, Long. 76°32.218' W; then running approximately 165° True to a point along the shore defined by Lat. 38°24.483' N, Long. 76°32.210' W; then running southwesterly along the shore to the point of beginning.

    (f) All the waters of Rattlesnake Gut and Patuxent River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°24.525' N, Long. 76°32.219' W; then running approximately 73° True to a point defined by Lat. 38°24.540' N, Long. 76°32.152' W; then running approximately 334° True to a point defined by Lat. 38°24.652' N, Long. 76°32.220' W; then running approximately 248° True to a point at or near the western shore of Rattlesnake Gut defined by Lat. 38°24.649' N, Long. 76°32.228' W; then running southerly along the shore to the point of beginning.

    (g) All the waters of Rattlesnake Gut and Patuxent River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°24.697' N, Long. 76°32.208' W; then running approximately 160° True to a point defined by Lat. 38°24.691' N, Long. 76°32.205' W; then running approximately 58° True to a point defined by Lat. 38°24.708' N, Long. 76°32.169' W; then running approximately 32° True to a point defined by Lat. 38°24.750' N, Long. 76°32.137' W; then running approximately 10° True to a point defined by Lat. 38°24.768' N, Long. 76°32.133' W; then running approximately 315° True to a point defined by Lat. 38°24.779' N, Long. 76°32.147' W; then running approximately 218° True to a point along the shore defined by Lat. 38°24.766' N, Long. 76°32.159' W; then running southwesterly along the shore to the point of beginning.

    (h) All the waters of Rattlesnake Gut and Patuxent River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°24.723' N, Long. 76°31.975' W; then running approximately 210° True to a point defined by Lat. 38°24.705' N, Long. 76°31.988' W; then running approximately 303° True to a point defined by Lat. 38°24.731' N, Long. 76°32.038' W; then running approximately 9° True to a point defined by Lat. 38°24.797' N, Long. 76°32.025' W; then running approximately 338° True to a point defined by Lat. 38°24.827' N, Long. 76°32.041' W; then running approximately 289° True to a point defined by Lat. 38°24.834' N, Long. 76°32.065' W; then running approximately 340° True to a point defined by Lat. 38°24.844' N, Long. 76°32.070' W; then running southeasterly along the shore to the point of beginning.

    (i) All the waters of Grammers Cove and Patuxent River enclosed by a line beginning at a point at or near the shore defined by Lat. 38°24.507' N, Long. 76°31.265' W; then running approximately 283° True to a point defined by Lat. 38°24.512' N, Long. 76°31.291' W; then running approximately 338° True to a point defined by Lat. 38°24.624' N, Long. 76°31.349' W; then running approximately 317° True to a point defined by Lat. 38°24.745' N, Long. 76°31.495' W; then running approximately 272° True to a point defined by Lat. 38°24.750' N, Long. 76°31.746' W; then running approximately 348° True to a point along the shore defined by Lat. 38°24.765' N, Long. 76°31.751' W; then running southeasterly along the shore to the point of beginning.

    (j) All of the waters of Patuxent River enclosed by a line beginning at a point at or near the western shore of Hungerford Creek defined by Lat. 38°20.985' N, Long. 76°28.265' W; then running approximately 239° True to a point defined by Lat. 38°20.974' N, Long. 76°28.289' W; then running approximately 320° True to a point defined by Lat. 38°21.028' N, Long. 76°28.348' W; then running approximately 345° True to a point defined by Lat. 38°21.046' N, Long. 76°28.353' W; then running approximately 40° True to a point at or near the shore defined by Lat. 38°21.070' N, Long. 76°28.328' W; then running southeasterly along the shore to the point of beginning.

    (k) All of the waters of Patuxent River enclosed by a line beginning at a point east of Ship Point defined by Lat. 38°19.450' N, Long. 76°26.701' W; then running approximately 176° True to a point defined by Lat. 38°19.428' N, Long. 76°26.698' W; then running approximately 83° True to a point defined by Lat. 38°19.478' N, and Long. 76°26.205' W; then running approximately 1° True to a point at or near the southern shore of Drum Point defined by Lat. 38°19.512' N, Long. 76°26.204' W; then running westerly along the shore to the point of beginning.

  (8) Kent County.

    (a) All of the waters of Rock Hall Harbor enclosed by a line beginning at a point at or near the shore at Lat. 39°07.840’N, Long. 76°14.697’W; then running approximately 280° True along the jetty to a point defined by Lat. 39°07.868’ N, Long. 76°14.856’ W; then running approximately 280° True to a point at or near the jetty defined by 39°07.876’ N, Long. 76°14.920’ W; then running northwesterly along the jetty to a point at or near the shore defined by Lat. 39°07.964’ N, Long. 76°15.008’W; then running northeasterly along the shore to the point of beginning.

    (b) All of the waters of Huntingfield Creek, Rock Hall Harbor and Chesapeake Bay enclosed by a line beginning at a point at or near the shore on the north side of Huntingfield Point defined by Lat. 39°07.122’ N, Long. 76°14.827’ W; then running approximately 3° True to a point at or near the jetty defined by Lat. 39°07.850’ N, Long. 76°14.760’ W; then running approximately 103° True along the jetty to a point at or near the shore defined by Lat. 39°07.840’ N, Long. 76°14.697’ W; then running south along the shore to the point of beginning.

    (c) All the waters of Chesapeake Bay, Chester River and Wilson Pond enclosed by a line beginning at a point at or near the shore on the western side of Wilson Point defined by Lat. 39°03.192’ N, Long. 76°13.635’ W; then running approximately 259° True to a point defined by Lat. 39°03.083’ N, Long. 76°14.328’ W; then running approximately 19° True to a point defined by Lat. 39°03.544’ N, Long. 76°14.122’ W; then running approximately 6° True to a point defined by Lat. 39°04.119’ N; Long. 76°14.042’ W; then running approximately 7° True to a point at or near the shore defined by Lat. 39°04.997’ N, Long. 76°13.891’ W; then running south along the shore to the point of beginning.

    (d) All the waters of Long Cove, Short Cove, Eastern Neck Narrows and Chester River enclosed by a line beginning at a point at or near the shore on the eastern side of Wilson Point defined by Lat. 39°03.171’N, Long. 76°13.586’ W; then running approximately 85° True to a point defined by Lat. 39°03.174’ N, Long. 76°13.543’ W; then running approximately 25° True to a point at or near the shore defined by Lat. 39°03.306’ N, Long 76°13.465’ W; then running approximately 75° True to a point at or near the shore defined by Lat. 39°03.334’ N, Long. 76°13.330’ W; then running northwesterly along the shore to the point of beginning.

    (e) All of the waters of Calfpasture Cove, Tubby Cove, Eastern Neck Narrows, and Chester River enclosed by a line beginning at a point at or near the shore on the west side of Ingleside defined by 39°02.731’ N, Long. 76°14.198’ W; then running approximately 297° True to a point defined by Lat. 39°02.817’ N, Long. 76°14.414’ W; then running approximately 49° True to a point defined by Lat. 39°02.997’ N, Long 76°14.146’ W; then running approximately 125° True to a point defined by Lat. 39°02.898’ N, Long 76°13.965’ W; then running approximately 65° True to a point defined by Lat. 39°03.015’ N, Long. 76°13.644’ W; then running approximately 39° True to a point defined by Lat. 39°03.164’ N, Long. 76°13.487’ W; then running approximately 28° True to a point defined by Lat. 39°03.285’ N, Long. 76°13.406’ W; then running approximately 79° True to a point at or near the shore south of the Eastern Neck Narrows defined by Lat. 39°03.295’ N, Long. 76°13.340’ W; then running southwesterly along the shore to the point of beginning.

    (f) All of the waters of Frying Pan Cove, Eastern Neck Narrows and Chester River enclosed by a line beginning at a point at or near the shore on the north side of Eastern Neck Island defined by Lat. 39°02.909’ N, Long. 76°12.972’ W; then running approximately 11° True to a point defined by Lat. 39°03.201’ N, Long. 76°12.902’ W; then running approximately 293° True to a point defined by Lat. 39°03.312’ N, Long. 76°13.246’ W; then running approximately 264° True to a point at or near the shore along the Eastern Neck Island Road Bridge defined by Lat. 39°03.305’ N, Long. 76°13.330’ W; then running southeasterly along the shore to the point of beginning.

    (g) All of the waters of Church Creek, Eastern Neck Narrows and Chester River enclosed by a line beginning at a point at or near the shore northeast of the Eastern Neck Island Bridge defined by Lat. 39°03.363’ N, Long. 76°13.308’ W; then running approximately 103° True to a point defined by Lat. 39°03.271’ N, Long. 76°12.807’ W; then running approximately 17° True to a point defined by Lat. 39°03.371’ N, Long. 76°12.770’ W; then running approximately 293° True to a point at or near the shore defined by Lat. 39°03.487’ N, Long. 76°13.124’ W; then running southwesterly along the shore to the point of beginning.

  (9) Queen Anne's County.

    (a) All of the waters of Crab Alley Bay enclosed by a line beginning at a point at or near the shore northwest of Normans Point defined by Lat. 38°55.478' N, Long. 76°15.870' W; then running approximately 309° True to a point at or near the shore on the southeast side of Little Creek defined by Lat. 38°56.169' N, Long. 76°16.955' W; then running easterly along the shore to the point of beginning.

    (b) All of the waters of Crab Alley Bay and Eastern Bay enclosed by a line beginning at a point at or near the western shore of Normans Point defined by Lat. 38°55.156' N, Long. 76°15.481' W; then running approximately 294° True to a point at or near the shore defined by Lat. 38°55.211' N, Long. 76°15.641' W; then running easterly along the shore to the point of beginning.

    (c) All of the waters of Hoghole Creek and Prospect Bay enclosed by a line beginning at a point at or near the western shore of Piney Neck defined by Lat. 38°54.620' N, Long. 76°12.301' W; then running approximately 345° True to a point defined by Lat. 38°55.957' N, Long. 76°12.766' W; then running approximately 20° True to a point at or near the south shore of Brian Point defined by Lat. 38°56.019' N, Long. 76°12.744' W; then running southeasterly along the shore to the point of beginning.

    (d) All of the waters of Wye River enclosed by a line beginning at a point at or near the eastern shore of Wye Island east of Drum Point defined by Lat. 38°52.810' N, Long. 76°10.756' W; then running approximately 73° True to a point at or near the shore defined by Lat. 38°52.857' N, Long. 76°10.565' W; then running southerly along the shore to the point defined by Lat. 38°52.822' N, Long. 76°10.565' W; then running approximately 137° True to a point at or near the shore defined by Lat. 38°52.762' N, Long. 76°10.493' W; then running westerly along the shore to the point of beginning.

#### Regulation .13 Fishery Management Areas.

*COMAR 08.02.01.13*

A. The fishery management areas of the State consist of the units in §§B and C of this regulation as delineated on maps filed in the Office of the Secretary of Natural Resources.

B. Fishery Management Propagation Areas.

  (1) The following areas are Fishery Management Propagation Areas:

    (a) Albert Powell Hatchery — Washington County;

    (b) Bear Creek Hatchery — Garrett County;

    (c) Lewistown Work Center — Frederick County;

    (d) Manning Hatchery — Charles County;

    (e) Piney Point Aquaculture Center — St. Mary’s County;

    (f) Unicorn Lake Hatchery — Queen Anne’s County;

    (g) Cushwa Hatchery — Washington County; and

    (h) North Branch of the Potomac River downstream of Jennings Randolph Reservoir and upstream of the overhead cable and red bank post located approximately 345 yards below the Jennings Randolph Reservoir spillway — Garrett County.

  (2) Public access to any Fishery Management Propagation Area is prohibited except with prior permission of the facility staff or as otherwise posted.

C. Fishery Management Public Fishing Areas.

  (1) The following areas are Fishery Management Public Fishing Areas:

    (a) Brownsville Pond — Washington County;

    (b) Brunswick Pond — Frederick County;

    (c) Bynum Run Pond — Harford County;

    (d) Evitts Creek Pond — Allegany County;

    (e) Forest Hill Lake — Harford County;

    (f) Frank Bentz Pond — Frederick County;

    (g) Hughesville Pond — Charles County;

    (h) North Branch Potomac River — Folly and Laurel Runs — Garrett County;

    (i) North Branch Potomac River — Gary A. Yoder Landing — Allegany County;

    (j) North Branch Potomac River — McCoole — Allegany County;

    (k) Rising Sun Pond — Cecil County;

    (l) Smithville Lake — Caroline County;

    (m) Unicorn Lake — Queen Anne’s County;

    (n) Urbana Lake — Frederick County;

    (o) Urieville Lake — Kent County; and

    (p) Wye Mills Lake — Queen Anne’s County.

  (2) Public access to any Fishery Management Public Fishing Area is allowed from the hours of 5:30 a.m. to 10 p.m.

  (3) Camping.

    (a) For the purpose of this regulation, “camping” means erecting tents or other shelters for the purpose of residing temporarily upon the property overnight.

    (b) A person may not camp on Fishery Management Public Fishing Areas except on designated sites or by written permit, or both.

  (4) Use of Vehicles.

    (a) For the purpose of this regulation, “vehicle” means a vehicle or vessel propelled by mechanical power that is capable of travelling on land, snow, or ice.

    (b) A person may not operate any vehicle on a Fishery Management Public Fishing Area without written permission of the Fisheries Service except on those roads, lanes, or areas which are open to automobile traffic or which are specifically marked by the Fisheries Service.

  (5) Feeding Wildlife.

    (a) In this section, “wildlife” has the meaning stated in Natural Resources Article, §10-101(cc), Annotated Code of Maryland.

    (b) Except for lawful fishing and hunting activities, a person may not feed wildlife in a Fishery Management Public Fishing Area.

D. Hunting and Trapping.

  (1) Hunting and trapping are only allowed in the areas described in §B of this regulation by written permission of the Fisheries Service.

  (2) Hunting is allowed in the following areas described in §C of this regulation:

    (a) North Branch Potomac River — Laurel and Folly Run; and

    (b) North Branch Potomac River — McCoole.

  (3) Urbana Lake.

    (a) Hunting is allowed only with archery equipment.

    (b) Firearms are prohibited.

  (4) Trapping is only allowed in the areas described in §C of this regulation by written permission of the Fisheries Service.

E. Projectile fishing gears, as described in COMAR 08.02.25.02 and .03, are prohibited in all Fishery Management Areas.

#### Regulation .14 Interpretation of Coordinates in Regulations.

*COMAR 08.02.01.14*

A. If the beginning or end point of a regulatory line is defined by coordinates and a physical description of a point or object on the shoreline, and the coordinates place the coordinated point in the water rather than on the shoreline, then the regulatory line shall be fixed to the location of the coordinates and be connected to the shoreline by the closest possible distance.

B. Except as provided in §E of this regulation, if the beginning or ending point of a regulatory line is defined by coordinates and no statement is made in the regulation about the physical description of the coordinated point, and the coordinates place the coordinated point in the water rather than on the shoreline, then the point on the regulatory line shall be fixed to the location of the coordinates and be connected to the shoreline by the closest possible distance.

C. If a point in a series of points between the beginning and ending points of a regulatory line is defined by coordinates and a physical description or location of the coordinated point, and the coordinates do not agree with the physical description or location, then the point on the regulatory line shall be fixed at the location of the coordinates.

D. If a point in a series of points between the beginning and ending points of a regulatory line is defined by coordinates and no statement is made in the regulation about the physical description of the coordinated point, then the point on the regulatory line shall be fixed at the location of the coordinates.

E. If the beginning point of a regulatory line that forms a closed polygon is defined by coordinates and no statement is made in the regulation about the physical description of the coordinated point, then the beginning point on the regulatory line shall be fixed at the location of the coordinates.

F. If the beginning or end point of a regulatory line is defined by coordinates and no statement is made in the regulation about the physical description of the coordinated point, and the coordinates place the coordinated point on land, then the point on the regulatory line shall be fixed at the location of the coordinates and be connected to the shoreline along the line or lines of direction to any preceding or following points in the regulation.

#### Regulation .15 Scientific Collection Permits.

*COMAR 08.02.01.15*

A. In accordance with Natural Resources Article, §4-212, Annotated Code of Maryland, a person shall obtain a scientific collection permit prior to collecting fish, fish eggs, shellfish, or aquatic invertebrates from the wild for scientific or educational purposes.

B. Application.

  (1) A person shall apply for a scientific collection permit on a form provided by the Department.

  (2) A person shall apply at least 45 days prior to when the activity is requested to begin.

C. The fee for a scientific collection permit is $10 and shall be submitted with the application.

D. A permittee shall:

  (1) Comply with all of the terms and conditions described on the permit; and

  (2) Report to the Department as specified by their permit.

E. Denial or Revocation of a Scientific Collection Permit.

  (1) In addition to any other penalty, failure to comply with the terms and conditions of the permit may result in the revocation of the current permit or the denial of a subsequent permit.

  (2) Prior to denying an application for a permit or revoking a current permit, the Department shall give the permittee 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.

#### Regulation .16 Importation of Finfish.

*COMAR 08.02.01.16*

A. Release of Finfish.

  (1) In accordance with Natural Resources Article, §§4-205.1, 4-11A-20, and 4-11A-21, Annotated Code of Maryland, and COMAR 08.02.11.04 and 08.02.14, a person shall obtain permission from the Department prior to releasing finfish into Maryland waters.

  (2) A person who is permitted by the Department to release finfish may obtain finfish from an out-of-State supplier only if the supplier is permitted in accordance with this regulation.

B. Prior to providing finfish from out-of-State to anyone in Maryland who plans to release the finfish into Maryland waters, a person shall:

  (1) Submit an application in accordance with §C of this regulation; and

  (2) Obtain an out-of-State supplier permit.

C. Application.

  (1) A person shall apply for an out-of-State supplier permit by submitting a completed application on a form provided by the Department.

  (2) A person shall submit required fish health testing documentation for viral, bacterial, protozoan, or parasitic infections so that the Department may determine if the finfish to be stocked in Maryland waters pose an unacceptable risk to native or naturalized aquatic resources.

D. Out-of-State Supplier Permit.

  (1) A permittee shall comply with all of the terms and conditions described on the permit.

  (2) The permit is valid during the calendar year of issuance.

  (3) There is no fee for the permit.

E. Denial or Revocation of an Out-of-State Supplier Permit.

  (1) The Department may deny issuance of an out-of-State supplier permit if the:

    (a) Applicant submits an incomplete or untruthful application; or

    (b) Department receives test results that indicate that the supplier’s stock may present an unacceptable health risk to native or naturalized aquatic resources.

  (2) In addition to any other penalty, failure to comply with the terms and conditions of the permit may result in the revocation of the current permit or the denial of a subsequent permit.

  (3) Prior to denying an application for a permit or revoking a current permit, the Department shall give the permittee 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.

### Chapter 02 — Soft-Shell Clams

**Authority:** Natural Resources Article, §§4-215, 4-1001, 4-1004, 4-1007, 4-1027, 4-1033, 4-1036, 4-1037, and 4-1039, Annotated Code of Maryland

**Administrative History:** Effective date: July 23, 1975 (2:16 Md. R. 1138)

**Administrative History:** Regulation .01A amended effective August 15, 1983 (10:16 Md. R. 1450); October 19, 1987 (14:21 Md. R. 2222); June 24, 1991 (18:12 Md. R. 1337); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .01A amended as an emergency provision effective June 14, 1987 (14:14 Md. R. 1563); emergency status expired October 12, 1987

**Administrative History:** Regulation .02 amended effective December 21, 1981 (8:25 Md. R. 1994); August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .04 amended effective June 30, 1978 (5:13 Md. R. 1042)

**Administrative History:** Regulation .04 amended as an emergency provision effective June 14, 1987 (14:14 Md. R. 1563); emergency status expired October 12, 1987

**Administrative History:** Regulation .04 amended effective October 19, 1987 (14:21 Md. R. 2222); June 12, 1989 (16:11 Md. R. 1218); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .04C amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .04D amended as an emergency provision effective December 8, 1993 (20:26 Md. R. 2023); amended permanently effective March 28, 1994 (21:6 Md. R. 466)

**Administrative History:** Regulation .05 amended as an emergency provision effective June 3, 1976 (3:13 Md. R. 719); amended permanently effective August 18, 1976 (3:17 Md. R. 914)

**Administrative History:** Regulation .05 amended as an emergency provision effective September 1, 1983 (10:19 Md. R. 1683); emergency status expired October 31, 1983

**Administrative History:** Regulation .05 amended effective November 18, 1996 (23:23 Md. R. 1555)

**Administrative History:** Regulation .06 amended effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .06B, C amended as an emergency provision effective May 18, 1978 (5:11 Md. R. 878); adopted permanently effective December 1, 1978 (5:24 Md. R. 1796)

**Administrative History:** Regulations .06B, C and .07 amended, and .10 and .11 adopted as an emergency provision effective June 1, 1989 (16:11 Md. R. 1216)

**Administrative History:** Regulation .06B, C amended effective May 28, 1990 (17:10 Md. R. 1218); April 15, 1991 (18:7 Md. R. 771); April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .06C amended as an emergency provision effective September 7, 1994 (21:20 Md. R. 1729); emergency status expired October 1, 1994

**Administrative History:** Regulation .07 amended effective May 28, 1990 (17:10 Md. R. 1218); April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .07B, C amended effective April 15, 1991 (18:7 Md. R. 771); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .07C, D adopted as an emergency provision effective May 18, 1978 (5:11 Md. R. 878); adopted permanently effective December 1, 1978 (5:24 Md. R. 1796)

**Administrative History:** Regulation .08 amended effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .08B, C amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .09 adopted effective September 21, 1986 (13:19 Md. R. 2119)

**Administrative History:** Regulation .09 amended as an emergency provision effective September 10, 2004 (31:20 Md. R. 1482); adopted permanently effective October 11, 2004 (31:20 Md. R. 1484)

**Administrative History:** Regulation .09C amended effective April 7, 2008 (35:7 Md. R. 747); October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .09F amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .10 adopted effective May 28, 1990 (17:10 Md. R. 1218)

**Administrative History:** Regulation .10 amended effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .10A amended effective April 15, 1991 (18:7 Md. R. 771); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .11 adopted effective May 28, 1990 (17:10 Md. R. 1218)

**Administrative History:** Regulation .11 repealed effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .11A and B amended effective April 15, 1991 (18:7 Md. R. 771); November 9, 1992 (19:22 Md. R. 1987)

**Administrative History:** Regulation .12 adopted effective April 13, 1992 (19:7 Md. R. 744)

**Administrative History:** Regulation .12 amended effective August 16, 1993 (20:16 Md. R. 1276); September 6, 2010 (37:18 Md. R. 1213)

**Administrative History:** Regulation .12B, C amended effective January 29, 2018 (45:2 Md. R. 68)

**Administrative History:** Chapter revised effective November 13, 2023 (50:22Md. R. 973)

#### Regulation .01 Scope.

*COMAR 08.02.02.01*

This chapter applies only to soft-shell clams that are defined in Natural Resources Article, §4-1001, Annotated Code of Maryland, as mollusks of the species Mya arenaria and of the genus Tagelus.

#### Regulation .02 Recreational Fishery.

*COMAR 08.02.02.02*

A. An individual may not catch more than one standard U.S. bushel of soft-shell clams per day.

B. An individual may not catch or possess soft-shell clams of the species Mya arenaria that are less than 2 inches in length, measured along the longest part of the shell.

C. An individual may not offer to sell or sell soft-shell clams that were caught for recreational purposes..

#### Regulation .03 Commercial Fishery.

*COMAR 08.02.02.03*

A. An individual may not catch soft-shell clams for commercial purposes on Sunday.

B. Size Limit. An individual licensed to catch soft-shell clams for commercial purposes may not possess more than 40 soft-shell clams of the species Mya arenaria per container that measure less than 2 inches along the longest dimension of the shell.

C. Catch Limit. The daily commercial catch limit of soft-shell clams of the species Mya arenaria is:

  (1) 15 containers from May 15 through October 31; and

  (2) 8 containers from November 1 through May 14.

D. Times for Harvesting, Landing, and Delivering.

  (1) From May 1 through September 30, an individual harvesting soft-shell clams for commercial purposes:

    (a) May harvest soft-shell clams only between ½ hour before sunrise and 1 p.m.;

    (b) Shall land soft-shell clams not later than 3 p.m. on the same day of harvest; and

    (c) Shall deliver soft-shell clams of the species Mya arenaria:

      (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.

  (2) From October 1 through April 30, an individual harvesting soft-shell clams for commercial purposes:

    (a) May harvest soft-shell clams only between sunrise and sunset;

    (b) Shall land soft-shell clams not later than 1 hour after sunset on the same day of harvest; and

    (c) Shall deliver soft-shell clams of the species Mya arenaria:

      (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 9 p.m. on the same day of harvest.

  (3) An individual shall notify the Natural Resources Police when there is an emergency which would prevent compliance with the times specified in this section.

E. Soft-shell clams of the species Mya arenaria may only be sold in accordance with COMAR 08.02.08.02.

F. A person may not expose soft-shell clams harvested for human consumption to contamination from any source.

G. In addition to the requirements of this chapter, a tidal fish licensee who harvests soft-shell clams that will be provided for human consumption shall harvest soft-shell clams in accordance with the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A.

H. An individual licensed to harvest soft-shell clams for commercial purposes may not provide or sell soft-shell clams of the genus Tagelus for human consumption.

#### Regulation .04 Container and Tagging Requirements.

*COMAR 08.02.02.04*

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.

B. Containers.

  (1) Soft-shell clams of the species Mya arenaria harvested for commercial purposes shall:

    (a) Be stored prior to leaving the growing area from which they were harvested in a rectangular shaped container with dimensions that do not exceed 20 inches long by 12-½ inches wide by 11-¼ inches deep (inside measurements), which may be filled to a level even with the top of the basket from side to side and end to end; and

    (b) Remain in the original container until a tag is no longer required on the container in accordance with §C(3)(d) of this regulation.

  (2) Soft-shell clams of the genus Tagelus harvested for commercial purposes shall be stored prior to leaving the growing area from which they were harvested in a container of any size or dimension.

C. Tagging — Mya Arenaria.

  (1) An individual shall complete and affix a Department-issued tag to each container of soft-shell clams of the species Mya arenaria prior to leaving the growing area from which they were harvested.

  (2) An individual may use a tag not supplied by the Department if:

    (a) The individual:

      (i) 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) Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; and

    (b) Each tag the individual uses contains the statement “Wild Shellfish”, the state in which the harvest occurred, and, in the order specified, the following information:

      (i) The harvester’s license number as assigned by the Department;

      (ii) The date of harvest, including the year;

      (iii) The name of the river, region, or the National Oceanic and Atmospheric Administration code for the area in which the harvest occurred;

      (iv) The type and quantity of shellfish; and

      (v) The statement “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS” in bold capitalized type.

  (3) Tags:

    (a) Shall be durable and waterproof;

    (b) Shall be at least 5-½ x 2-¾ inches in size;

    (c) Shall be completed legibly in indelible ink;

    (d) Shall stay affixed to the container until the container is in the possession of 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

    (e) May not be reused.

  (4) In addition to the tagging requirements of this regulation, 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 shall follow the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01.

  (5) An individual shall only possess one type of tag, wild shellfish or farm-raised shellfish, while harvesting soft-shell clams.

  (6) An individual may not use a:

    (a) Farm-raised shellfish tag to tag wild shellfish; or

    (b) Wild shellfish tag to tag farm-raised shellfish.

  (7) If a tidal fish licensee obtains tags from the Department, the licensee shall be assessed an annual surcharge for the costs incurred by the Department for the tags.

D. Exemptions.

  (1) Soft-shell clams harvested recreationally for the person’s own use and consumption are exempt from the requirements of §B of this regulation.

  (2) Soft-shell clams harvested from a lease and stored and tagged in accordance with COMAR 08.02.23.04 are exempt from the requirements of §§B and C of this regulation.

#### Regulation .05 Refrigeration of Soft-Shell Clams (Mya Arenaria) — Methods and Procedures.

*COMAR 08.02.02.05*

A. General Requirements from April 15 — October 31.

  (1) From April 15 through October 31, an individual who harvests soft-shell clams of the species Mya arenaria shall immediately place the harvested soft-shell clams into either an operating mechanical refrigeration unit or an insulated storage unit cooled with ice or ice packs.

  (2) The internal temperature of soft-shell clams harvested shall be maintained at 60°F or lower while on board a vessel and while in transport over land.

  (3) The internal temperature of soft-shell clams shall be maintained at 60°F or lower until delivered to a shipper certified by the Maryland Department of Health.

  (4) A portion of a daily catch of soft-shell clams may be confiscated by authorized officers of the Department of Natural Resources or the Maryland Department of Health, if the internal temperature of samples taken at a checking station is greater than 60°F in more than one container or basket as defined in Regulation .04 of this chapter.

  (5) Containers on board a vessel used to ice, water cool, air cool, or otherwise refrigerate soft-shell clams shall be constructed of impervious material such as stainless steel, galvanized metal, nonporous metals, fiberglass, sealed marine plywood, or other approved materials sufficiently durable to withstand daily cleaning or disinfection. Interior surfaces of containers may not be constructed of potentially toxic materials such as wood treated with preservatives or lead. The containers shall be:

    (a) Insulated in the walls, top, ceiling, floor, and lid with a minimum of 2 inches of high density styrofoam, high density urethane, or equivalent necessary to maintain temperatures of clams at 60°F or less;

    (b) Equipped with a bottom drain not less than 1/2 inch in diameter for units that hold 2 bushels of soft-shell clams or less, or not less than 1-1/2 inches for units that hold more than 2 bushels of soft-shell clams;

    (c) Sealed to prevent loss of cold air, and if the interior joints are not continuous molds, the joints of the unit shall be sealed with a smooth bead of silicone sealer or other equally impervious material;

    (d) Cleaned or disinfected daily with a disinfectant solution of 100 parts per million of chlorine or equivalent (2 tablespoons or 1 ounce per gallon of water);

    (e) Installed or located on the decking or flooring of the vessel. The container may extend below the decking if there is no potential direct connection between the bilge and the inside of the container. Drains emptying directly overboard shall be installed in such a manner as to preclude contaminated water from contacting the soft-shell clams.

  (6) Soft-shell clams of the species Mya arenaria transported by a vehicle shall be placed in an insulated storage unit, cooled mechanically or with ice or ice packs, and maintained at 60°F or lower while in transport.

B. Approved Methods for Refrigeration of Soft-Shell Clams (Mya Arenaria).

  (1) The methods described in this section may be employed to cool and maintain the internal temperature of soft-shell clams at or below 60°F.

  (2) Cold water refrigeration which submerges soft-shell clams or uses a trickle or spray unit which does not recirculate chilled water may be employed. A trickle or spray unit shall have:

    (a) An intake for the water located on the opposite side of the hydraulic dredge and not less than 4 feet from any bilge pump discharge or other overboard discharges; and

    (b) Water intakes with a shutoff valve conveniently located so that contaminated water sources can be immediately shut off to avoid contact with clams.

  (3) Cold water refrigeration which submerges soft-shell clams or uses a trickle or spray unit which recirculates chilled water may be employed. Reservoir tanks in the unit shall be:

    (a) Constructed of noncorrosive material approved for potable water use;

    (b) Disinfected daily with a solution of 100 parts per million chlorine or equivalent (2 tablespoons or 1 ounce per gallon of water);

    (c) Drained, rinsed, and refilled frequently to prevent bacteria growth;

    (d) Filled with water meeting or exceeding the criteria for approved growing waters.

  (4) Chilled air refrigeration may be employed if the clam storage units meet the specifications and criteria for construction and insulation in §A(5) of this regulation.

  (5) Ice, when used to refrigerate clams, shall be:

    (a) Made or obtained from a potable source in compliance with with the requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A;

    (b) Layered in approved containers, 2 inches of ice on top of the containers and 2 inches of ice in the middle of the container; and

    (c) Stored in a manner that protects it from contamination.

C. A person may not expose soft-shell clams of the species Mya arenaria to deterioration from excessive heat from the sun or the motors of the vessel.

#### Regulation .06 Harvesting Razor Clams (Genus Tagelus) from Restricted Areas.

*COMAR 08.02.02.06*

A. The harvest of razor clams for use as bait may occur in an area restricted or conditionally approved for harvest by the Department of the Environment only under the following conditions:

  (1) The Department may not issue more than 30 permits to harvest razor clams in any one area;

  (2) At the time of harvest, the individual shall possess the appropriate tidal fish license and razor clam permit issued by the Department;

  (3) Before leaving the harvest area, every razor clam harvested under this section shall be dyed with U.S. Food, Drug, and Cosmetic Act FD&C Blue No. 1 food dye as specified in 21 CFR §74.101, by completely immersing the razor clam in the dye to impart a visible color to the razor clam; and

  (4) An individual may not harvest or possess any other clam or oyster on board the vessel while harvesting or possessing razor clams from a restricted or conditionally approved area.

B. The Department shall establish by public notice the following:

  (1) The area open to harvest;

  (2) The days and times open to harvest; and

  (3) A catch limit.

C. Any razor clams harvested under §A of this regulation:

  (1) May only be used or sold as bait;

  (2) May not be used or sold for human consumption; and

  (3) May not be transported or stored with soft-shell clams, hard-shell clams, or oysters that will be used or sold for human consumption.

D. General Provisions.

  (1) Razor clam permits may be issued by the Department at no charge to the first 30 commercial licensees who submit a valid application to the Department.

  (2) An individual permitted to harvest razor clams shall maintain and submit records as required by the Department. Failure to submit records shall serve as a basis for the Department's denial of a subsequent razor clam permit.

  (3) The Secretary may designate and establish a catch limit for the harvest of razor clams for use as bait by publishing notice in a daily newspaper of general circulation, at least 48 hours in advance of the opening or closure, which designates and states the area, effective hour, and date.

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

#### Regulation .07 General.

*COMAR 08.02.02.07*

A. Subject to the provisions of §§B and C of this regulation, an individual may catch soft-shell clams only from waters approved for shellfish harvest by the Maryland Department of the Environment.

B. An individual may not harvest soft-shell clams within 150 feet of a:

  (1) Natural oyster bar;

  (2) Leased area; or

  (3) Public shellfish fishery area established in COMAR 08.02.04.17A.

C. Sanctuaries.

  (1) Except as provided in §C(2) of this regulation, an individual may not harvest soft-shell clams within 150 feet of 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 COMAR 08.02.04.15A.

  (2) An individual may harvest soft-shell clams from the Chester ORA Zone A sanctuary.

### Chapter 03 — Blue Crabs

**Authority:** Natural Resources Article, §§4-206, 4-215, 4-701, 4-745, 4-803, 4-804, 4-809, and 4-810, Annotated Code of Maryland

**Administrative History:** Effective date: March 24, 1975 (2:8 Md. R. 555)

**Administrative History:** Regulation .01B amended effective March 30, 1977 (4:7 Md. R. 578); May 23, 1983 (10:10 Md. R. 872); December 30, 1985 (12:26 Md. R. 2543); December 4, 1995 (22:24 Md. R. 1894)

**Administrative History:** Regulation .01B amended as an emergency provision effective April 4, 1985 (12:9 Md. R. 806); emergency status expired June 29, 1985

**Administrative History:** Regulation .01B amended as an emergency provision effective September 15, 1995 (22:20 Md. R. 1538); emergency status expired December 31, 1995

**Administrative History:** Regulation .01B amended as an emergency provision effective June 1, 1996 (23:13 Md. R. 937); emergency status expired October 31, 1996

**Administrative History:** Regulation .01B amended as an emergency provision effective April 2, 1997 (24:9 Md. R. 653); amended permanently effective September 8, 1997 (24:18 Md. R. 1295)

**Administrative History:** Regulation .01B amended effective July 23, 2001 (28:14 Md. R. 1320); November 11, 2002 (29:22 Md. R. 1720); April 14, 2003 (30:7 Md. R. 486); February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .01D amended effective April 1, 1976 (3:8 Md. R. 424); October 17, 1980 (7:21 Md. R. 1994); January 17, 1983 (10:1 Md. R. 27); August 15, 1983 (10:16 Md. R. 1450); September 10, 1984 (11:18 Md. R.1583); March 28, 1994 (21:6 Md. R. 466); October 10, 1994 (21:20 Md. R. 1731); March 22, 1999 (26:6 Md. R. 483)

**Administrative History:** Regulations .01D, I, J, and .05 amended as an emergency provision effective August 10, 1994 (21:18 Md. R. 1505)

**Administrative History:** Regulation .01D amended as an emergency provision effective March 31, 2004 (31:8 Md. R. 643); amended permanently effective August 2, 2004 (31:15 Md. R. 1185)

**Administrative History:** Regulation .01D amended effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .01G repealed effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .01H amended effective April 1, 1976 (3:6 Md. R. 357); March 30, 1977 (4:7 Md. R. 578);  April 7, 1978 (5:7 Md. R. 521); May 4, 1979 (6:9 Md. R. 726); October 17, 1980 (7:21 Md. R. 1994); May 24, 1982 (9:10 Md. R. 1019); August 15, 1983 (10:16 Md. R. 1450); May 6, 1985 (12:9 Md. R. 810); December 4, 1995 (22:24 Md. R. 1894)

**Administrative History:** Regulation .01H amended as an emergency provision effective February 10, 1988 (15:5 Md. R. 612); adopted permanently effective July 25, 1988 (15:15 Md. R. 1808)

**Administrative History:** Regulation .01H amended as an emergency provision effective September 14, 1995 (22:20 Md. R. 1538); emergency status expired March 14, 1996

**Administrative History:** Regulation .01H amended as an emergency provision effective April 1, 1996 (23:8 Md. R. 602); amended permanently effective June 17, 1996 (23:12 Md. R. 868)

**Administrative History:** Regulation .01H amended effective March 24, 2000 (27:5 Md. R. 582); July 23, 2001 (28:14 Md. R. 1320)

**Administrative History:** Regulation .01H amended as an emergency provision effective March 31, 2004 (31:8 Md. R. 643); amended permanently effective August 2, 2004 (31:15 Md. R. 1185)

**Administrative History:** Regulation .01I amended as an emergency provision effective July 24, 1978 (5:16 Md. R. 1252); adopted permanently effective October 20, 1978 (5:21 Md. R. 1586)

**Administrative History:** Regulation .01I amended effective March 30, 1977 (4:7 Md. R. 578); August 15, 1983 (10:16 Md. R. 1456); September 10, 1984 (11:18 Md. R. 1583); March 28, 1994 (21:6 Md. R. 466); October 10, 1994 (21:20 Md. R. 1731); March 22, 1999 (26:6 Md. R. 483)

**Administrative History:** Regulation .01I amended as an emergency provision effective March 31, 2004 (31:8 Md. R. 643); amended permanently effective August 2, 2004 (31:15 Md. R. 1185)

**Administrative History:** Regulation .01I amended effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .01J amended effective May 9, 1975 (2:12 Md. R. 865); April 1, 1976 (3:6 Md. R. 357); as an emergency provision May 17, 1976 (3:12 Md. R. 641), permanently adopted effective August 18, 1976 (3:17 Md. R. 914); March 30, 1977 (4:7 Md. R. 578); August 3, 1977 (4:16 Md. R. 1210); April 7, 1978 (5:7 Md. R. 521); as an emergency provision effective June 29, 1978 (5:14 Md. R. 1131); adopted permanently effective September 22, 1978 (5:19 Md. R. 1444); amended effective March 7, 1980 (7:5 Md. R. 473); October 17, 1980 (7:21 Md. R. 1994); amended as an emergency provision effective June 24, 1981 (8:14 Md. R. 1251), adopted permanently effective September 28, 1981 (8:19 Md. R. 1565); amended effective February 1, 1982 (9:2 Md. R. 113); May 24, 1982 (9:10 Md. R. 1019); August 16, 1982 (9:16 Md. R. 1602); September 13, 1982 (9:18 Md. R. 1800); October 11, 1982 (9:20 Md. R. 1981); January 17, 1983 (10:1 Md. R. 27); March 14, 1983 (10:5 Md. R. 465); March 28, 1983 (10:6 Md. R. 554); April 25, 1983 (10:8 Md. R. 724); August 15, 1983 (10:16 Md. R. 1450); October 10, 1983 (10:20 Md. R. 1785); January 16, 1984 (11:1 Md. R. 41); April 9, 1984 (11:7 Md. R. 622); May 6, 1985 (12:9 Md. R. 810); February 9, 1987 (14:3 Md. R. 271)

**Administrative History:** Regulation .01J amended as an emergency provision effective June 23, 1987 (14:15 Md. R. 1655); emergency status expired October 23, 1987; amended as an emergency provision effective April 1, 1988 (15:9 Md. R. 1106); amended permanently effective November 14, 1988 (15:23 Md. R. 2658)

**Administrative History:** Regulation .01J amended effective September 5, 1988 (15:18 Md. R. 2145); April 16, 1990 (17:7 Md. R. 847); February 4, 1991 (18:2 Md. R. 148); January 1, 1993 (19:18 Md. R. 1655); March 28, 1994 (21:6 Md. R. 466); June 6, 1994 (21:11 Md. R. 950); October 10, 1994 (21:20 Md. R. 1731); June 17, 1996 (23:12 Md. R. 869); March 22, 1999 (26:6 Md. R. 483); June 26, 2000 (27:12 Md. R. 1138); July 23, 2001 (28:14 Md. R. 1320); August 20, 2001 (28:16 Md. R. 1481); April 1, 2002 (29:6 Md. R. 566)

**Administrative History:** Regulation .01J amended as an emergency provision effective June 30, 1995 (22:15 Md. R. 1110); amended permanently effective December 4, 1995 (22:24 Md. R. 1894)

**Administrative History:** Regulation .01J amended as an emergency provision effective November 13, 1995 (22:25 Md. R. 1958); emergency status expired December 31, 1995

**Administrative History:** Regulation .01J amended as an emergency provision effective March 31, 2004 (31:8 Md. R. 643) amended permanently effective August 2, 2004 (31:15 Md. R. 1185)

**Administrative History:** Regulation .01J amended February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .01K amended as an emergency provision effective April 7, 1983 (10:9 Md. R. 788); emergency status extended to June 20, 1983 (10:11 Md. R. 962); adopted permanently effective July 4, 1983 (10:13 Md. R. 1179)

**Administrative History:** Regulation .02 repealed effective March 14, 1983 (10:4 Md. R. 315)

**Administrative History:** Regulation .02 adopted effective January 9, 1989 (15:27 Md. R. 3127)

**Administrative History:** Regulation .02 amended effective April 1, 2002 (29:6 Md. R. 566)

**Administrative History:** Regulation .02 amended as an emergency provision effective April 1, 2003 (30:8 Md. R. 537); amended permanently effective July 7, 2003 (30:13 Md. R. 853)

**Administrative History:** Regulation .02B amended effective June 17, 1996 (23:12 Md. R. 869)

**Administrative History:** Regulation .03 amended effective September 10, 1984 (11:18 Md. R. 1583); March 28, 1994 (21:6 Md. R. 466)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective March 22, 1999 (26:6 Md. R. 483)

**Administrative History:** Regulation .03A amended effective April 14, 2003 (30:7 Md. R. 486)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted as an emergency provision effective March 31, 2004 (31:8 Md. R. 643); adopted permanently effective August 2, 2004 (31:15 Md. R. 1185)

**Administrative History:** Regulation .03D amended effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .04 adopted effective March 28, 1983 (10:6 Md. R. 555)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted as an emergency provision effective March 31, 2004 (31:8 Md. R. 643); adopted permanently effective August 2, 2004 (31:15 Md. R. 1185)

**Administrative History:** Regulation .04E adopted effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .04-1 adopted as an emergency provision effective March 31, 2004 (31:8 Md. R. 643); adopted permanently effective August 2, 2004 (31:15 Md. R. 1185)

**Administrative History:** Regulation .04-1 repealed effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .05 adopted effective March 28, 1994 (21:6 Md. R. 466)

**Administrative History:** Regulation .05 amended as an emergency provision effective August 10, 1994 (21:18 Md. R. 1505)

**Administrative History:** Regulation .05 amended effective October 10, 1994 (21:20 Md. R. 1731)

**Administrative History:** Regulation .05 amended as an emergency provision effective September 15, 1995 (22:20 Md. R. 1538); emergency status expired December 31, 1995

**Administrative History:** Regulation .05A amended effective July 23, 2001 (28:14 Md. R. 1320); April 1, 2002 (29:6 Md. R. 566); April 12, 2004 (31:7 Md. R. 582)

**Administrative History:** Regulation .05B amended effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Regulation .06 adopted as an emergency provision effective June 30, 1995 (22:15 Md. R. 1110); adopted permanently effective December 4, 1995 (22:24 Md. R. 1894)

**Administrative History:** Regulation .06 amended as an emergency provision effective March 31, 2004 (31:8 Md. R. 643); amended permanently effective August 2, 2004 (31:15 Md. R. 1185)

**Administrative History:** Regulation .06D adopted effective July 23, 2001 (28:14 Md. R. 1321)

**Administrative History:** Regulation .07 adopted as an emergency provision effective September 15, 1995 (22:20 Md. R. 1538); Regulation .07A emergency text amended effective November 13, 1995 (22:25 Md. R. 1958); emergency status expired December 31, 1995

**Administrative History:** Regulation .07 adopted effective June 17, 1996 (23:12 Md. R. 869)

**Administrative History:** Regulation .07 amended effective August 20, 2001 (28:16 Md. R. 1481); April 1, 2002 (29:6 Md. R. 566)

**Administrative History:** Regulation .08 adopted effective June 17, 1996 (23:12 Md. R. 869)

**Administrative History:** Regulation .08 amended effective July 23, 2001 (28:14 Md. R. 1320)

**Administrative History:** Regulation .08B amended as an emergency provision effective April 1, 2003 (30:8 Md. R. 537); amended permanently effective July 7, 2003 (30:13 Md. R. 853)

**Administrative History:** Regulation .08E adopted as an emergency provision effective March 21, 1997 (24:8 Md. R. 613); adopted permanently effective July 28, 1997 (24:15 Md. R. 1061)

**Administrative History:** Regulation .08E adopted effective April 1, 2002 (29:6 Md. R. 566)

**Administrative History:** Regulation .08E amended effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Regulation .08E amended as an emergency provision effective April 1, 2003 (30:8 Md. R. 537); amended permanently effective July 7, 2003 (30:13 Md. R. 853)

**Administrative History:** Regulation .08 amended and recodified to Regulation .09, and new Regulation .08 adopted effective April 12, 2004 (31:7 Md. R. 582)

**Administrative History:** Regulation .09A amended effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Chapter revised effective November 24, 2005 (32:23 Md. R. 1825)

**Administrative History:** Regulation .01A amended effective February 25, 2008 (35:4 Md. R. 512)

**Administrative History:** Regulation .01B amended effective March 23, 2009 (36:6 Md. R. 487); March 27, 2017 (44:6 Md. R. 324); February 7, 2022 (49:3 Md. R. 138); April 1, 2024 (51:6 Md. R. 269)

**Administrative History:** Regulation .01C amended as an emergency provision effective June 1, 2008 (35:13 Md. R. 1174); emergency status extended to December 16, 2008 (35:23 Md. R. 2011); emergency status expired December 16, 2008

**Administrative History:** Regulation .01C amended effective March 23, 2009 (36:6 Md. R. 487)

**Administrative History:** Regulation .01C amended as an emergency provision effective August 31, 2023 (50:19 Md. R. 852); emergency status expired December 31, 2023

**Administrative History:** Regulation .01C amended effective April 1, 2024 (51:6 Md. R. 269)

**Administrative History:** Regulation .03 amended effective March 23, 2009 (36:6 Md. R. 487); January 1, 2014 (40:25 Md. R. 2067)

**Administrative History:** Regulation .03A, E amended effective March 30, 2015 (42:6 Md. R. 510)

**Administrative History:** Regulation .03B amended effective March 22, 2021 (48:6 Md. R. 237)

**Administrative History:** Regulation .03E amended effective March 25, 2019 (46:6 Md. R. 345); March 22, 2021 (48:6 Md. R. 237)

**Administrative History:** Regulation .05D amended effective February 26, 2007 (34:4 Md. R. 399)

**Administrative History:** Regulation .06 amended effective January 1, 2014 (40:25 Md. R. 2067)

**Administrative History:** Regulation .06A, D amended effective March 30, 2015 (42:6 Md. R. 510)

**Administrative History:** Regulation .06B amended effective March 25, 2019 (46:6 Md. R. 345)

**Administrative History:** Regulation .07 amended effective April 1, 2024 (51:6 Md. R. 269)

**Administrative History:** Regulation .07A, B amended effective February 26, 2007 (34:4 Md. R. 399)

**Administrative History:** Regulation .07B, D amended effective March 28, 2016 (43:6 Md. R. 404)

**Administrative History:** Regulation .07D amended effective October 19, 2009 (36:21 Md. R. 1590); October 31, 2011 (38:22 Md. R. 1345); January 1, 2014 (40:25 Md. R. 2067); March 30, 2015 (42:6 Md. R. 510); January 1, 2018 (44:26 Md. R. 1214); March 21, 2022 (49:6 Md. R. 404)

**Administrative History:** Regulation .07E amended effective October 5, 2020 (47:20 Md. R. 874); March 22, 2021 (48:6 Md. R. 237); March 21, 2022 (49:6 Md. R. 404)

**Administrative History:** Regulation .07G amended effective March 23, 2009 (36:6 Md. R. 487)

**Administrative History:** Regulation .07H amended effective March 17, 2025 (52:4 Md. R. 236)

**Administrative History:** Regulation .08B amended effective March 26, 2018 (45:6 Md. R. 317)

**Administrative History:** Regulation .08C adopted effective March 26, 2018 (45:6 Md. R. 317)

**Administrative History:** Regulation .09 amended effective March 23, 2009 (36:6 Md. R. 488); April 4, 2011 (38:7 Md. R. 429); January 1, 2014 (40:25 Md. R. 2067); September 28, 2015 (42:19 Md. R. 1228)

**Administrative History:** Regulation .09A amended effective February 25, 2008 (35:4 Md. R. 512); March 27, 2017 (44:6 Md. R. 324); February 7, 2022 (49:3 Md. R. 138)

**Administrative History:** Regulation .09B amended effective March 27, 2017 (44:6 Md. R. 324); July 1, 2019 (46:13 Md. R. 589)

**Administrative History:** Regulation .10 repealed and new Regulation .10 adopted effective February 26, 2007 (34:4 Md. R. 399)

**Administrative History:** Regulation .10 amended as an emergency provision effective June 1, 2008 (35:13 Md. R. 1174); emergency status extended to December 16, 2008 (35:23 Md. R. 2011); emergency status expired December 16, 2008

**Administrative History:** Regulation .10 amended effective March 23, 2009 (36:6 Md. R. 488); January 1, 2014 (40:25 Md. R. 2067)

**Administrative History:** Regulation .10A amended effective April 1, 2024 (51:6 Md. R. 269)

**Administrative History:** Regulation .10B amended effective September 28, 2015 (42:19 Md. R. 1228); March 22, 2021 (48:6 Md. R. 237)

**Administrative History:** Regulation .10C repealed effective March 22, 2021 (48:6 Md. R. 237)

**Administrative History:** Regulation .10E amended effective February 8, 2010 (37:3 Md. R. 175); October 31, 2011 (38:22 Md. R. 1345)

**Administrative History:** Regulation .11A amended effective February 25, 2008 (35:4 Md. R. 512)

**Administrative History:** Regulation .11A amended as an emergency provision effective June 1, 2008 (35:13 Md. R. 1174); emergency status extended to December 16, 2008 (35:23 Md. R. 2011); emergency status expired December 16, 2008

**Administrative History:** Regulation .11A amended effective January 1, 2014 (40:25 Md. R. 2067); March 27, 2017 (44:6 Md. R. 324); September 25, 2017 (44:19 Md. R. 896); February 7, 2022 (49:3 Md. R. 138); July 10, 2023 (50:13 Md. R. 511)

**Administrative History:** Regulation .11A, C amended effective March 23, 2009 (36:6 Md. R. 488); October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .11B amended effective March 25, 2019 (46:6 Md. R. 345)

**Administrative History:** Regulation .12A amended effective March 28, 2016 (43:6 Md. R. 404)

**Administrative History:** Regulation .12B amended effective April 1, 2024 (51:6 Md. R. 269)

**Administrative History:** Regulation .12C amended effective October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .12D amended effective March 27, 2017 (44:6 Md. R. 324); September 25, 2017 (44:19 Md. R. 896); July 10, 2023 (50:13 Md. R. 511)

**Administrative History:** Regulation .13B amended as an emergency provision effective June 1, 2008 (35:13 Md. R. 1174); emergency status extended to December 16, 2008 (35:23 Md. R. 2011); emergency status expired December 16, 2008

**Administrative History:** Regulation .13B amended effective March 23, 2009 (36:6 Md. R. 488); March 22, 2021 (48:6 Md. R. 237); April 1, 2024 (51:6 Md. R. 269)

**Administrative History:** Regulation .13C adopted effective March 22, 2021 (48:6 Md. R. 237)

**Administrative History:** Regulation .14 amended as an emergency provision effective June 1, 2008 (35:13 Md. R. 1174); emergency status extended to December 16, 2008 (35:23 Md. R. 201); emergency status expired December 16, 2008

**Administrative History:** Regulation .14 amended effective March 23, 2009 (36:6 Md. R. 488); February 8, 2010 (37:3 Md. R. 175); October 31, 2011 (38:22 Md. R. 1345); April 2, 2012 (39:6 Md. R. 407)

**Administrative History:** Regulation .14A amended effective January 1, 2014 (40:25 Md. R. 2067)

**Administrative History:** Regulation .14A, E amended effective February 25, 2008 (35:4 Md. R. 512)

**Administrative History:** Regulation .14B amended effective February 7, 2011 (38:3 Md. R. 152); March 28, 2016 (43:6 Md. R. 404)

**Administrative History:** Regulation .14B amended as an emergency provision effective August 31, 2023 (50:19 Md. R. 852); emergency status expired December 31, 2023

**Administrative History:** Regulation .14B amended effective April 1, 2024 (51:6 Md. R. 269)

**Administrative History:** Regulation .14B, E amended effective July 10, 2023 (50:13 Md. R. 511)

**Administrative History:** Regulation .14B—D amended effective March 27, 2017 (44:6 Md. R. 324); March 30, 2026 (53:6 Md. R. 286)

**Administrative History:** Regulation .14B, G amended effective March 22, 2021 (48:6 Md. R. 237)

**Administrative History:** Regulation .14C amended effective March 26, 2018 (45:6 Md. R. 317)

**Administrative History:** Regulation .14E amended effective March 30, 2015 (42:6 Md. R. 510)

**Administrative History:** Regulation .14F amended effective July 26, 2010 (37:15 Md. R. 998)

**Administrative History:** Regulation .15 adopted effective July 7, 2014 (41:13 Md. R. 751)

**Administrative History:** Regulation .15D amended effective March 28, 2016 (43:6 Md. R. 404): October 10, 2016 (43:20 Md. R. 1109); July 1, 2019 (46:13 Md. R. 589)

**Administrative History:** Annotation: An amendment to Regulation .01J promulgated at 14:2 Md. R. 126 was declared invalid by the Department of Natural Resources and is not reflected in the 1987 COMAR supplement.

#### Regulation .01 Crabbing Gear.

*COMAR 08.02.03.01*

A. Lawful Gear.

  (1) A person may catch crabs in the tidal waters of Maryland only with the gear authorized in this chapter.

  (2) Diving Apparatus. A person may not possess or catch crabs in the tidal waters of Maryland using diving apparatus by itself, or in conjunction with any of the other methods authorized in this chapter.

  (3) Gear designated to catch crabs and defined in this chapter, except for a seine, is not considered a net under the definition listed in COMAR 08.02.05.02.

B. Recreational Gear — Definitions.

  (1) The gear defined in this section may be used to catch crabs for recreational purposes.

  (2) “Bushel” means a:

    (a) Circular container with the following inside dimensions:

      (i) 18 inches top diameter;

      (ii) 13-1/2 inches bottom diameter; and

      (iii) 12 inches height; or

    (b) Rectangular container with the following inside dimensions:

      (i) 11 inches height;

      (ii) 19½ inches length; and

      (iii) 12½ inches width.

  (3) “Collapsible crab trap” means a manually operated, portable device:

    (a) Having a flat bottom not more than 20 inches by 15 inches, and not more than four articulated sides; and

    (b) Designed so that failure to apply manually exerted tension on the closing mechanism allows the crabs to escape.

  (4) “Crab net ring” means a manually operated, portable device that:

    (a) Consists of:

      (i) Two rings, each of a different diameter, connected by netting, where the larger of the two rings shall be less than or equal to 30 inches in diameter; or

      (ii) One ring that shall be less than or equal to 30 inches in diameter, connected to netting;

    (b) When baited and lowered to the bottom, lies flat on the bottom; and

    (c) When pulled to the surface, forms a deep pocket out of the netting.

  (5) “Crab pot” means a cube-shaped or rectangular shaped device with openings toward the inside for the entrance of crabs.

  (6) “Dip net” means a mesh bag of netting or wire which is suspended from a circular, oval, or a rectangular frame attached to a handle.

  (7) “Handline” means an unbuoyed fishing line managed primarily by hand.

  (8) “Trotline” means a length of rope or line, buoyed at both ends with one or more anchors, which is baited without hooks or snares at intervals for the purpose of catching crabs.

  (9) “Seine” means an encircling type of net which is not more than 50 feet long and 5 feet wide.

C. Commercial Gear.

  (1) In addition to the gear listed in §B(2)—(8) of this regulation, the gear defined in this section may also be used for commercial crab harvesting.

  (2) “Bank trap” means an enclosure constructed of wire mesh not more than 4 feet long and not more than 4 feet wide, with a single row of hedging not more than 75 feet long.

  (3) “Barrel” means a container which holds not more than 2-1/2 U.S. standard bushels of crabs and does not exceed the following inside dimensions:

    (a) 20½ inches across the top diameter;

    (b) 27½ inches height; and

    (c) 18 inches along the bottom diameter.

  (4) “Channel pound” means an enclosure constructed of wire mesh not more than 8 feet long and not more than 4 feet wide, with two rows of hedging, each not longer than 100 feet long.

  (5) “Crab scrape” means a scoop or other device which is dragged along the bottom for the purpose of catching crabs.

  (6) “Hand scrape” means a single scoop or other device which is:

    (a) Dragged along the bottom for the purpose of catching crabs; and

    (b) Retrieved by hand without the aid of any mechanical device during any stage of the retrieval.

  (7) “Lug” means a rectangular-shaped container that does not exceed the following inside dimensions:

    (a) 22-7/8 inches in length across the top;

    (b) 14-7/8 inches in width across the top;

    (c) 21 inches length across the bottom;

    (d) 13 inches width across the bottom; and

    (e) 12-3/8 inches height.

#### Regulation .02 Seines.

*COMAR 08.02.03.02*

A. A seine may be used for recreational purposes only.

B. The seine may not be emptied:

  (1) On the shore or beach; or

  (2) In any water of less than sufficient depth to enable the unwanted fish to return to the waters alive.

#### Regulation .03 Trotlines.

*COMAR 08.02.03.03*

A. An individual may not set or fish a trotline within 100 feet of another individual’s set trotline, collapsible crab trap, or net ring.

B. The length of a trotline shall be measured along the bait line from the first bait to the last bait.

C. In the coastal bays of the Atlantic Ocean and their tidal tributaries:

  (1) An individual may not use or possess on board a vessel a trotline or trotlines with a baited portion more than 600 feet in length to catch or attempt to catch crabs for recreational purposes; or

  (2) If two or more individuals are on a boat, not more than two trotlines with a baited portion more than 600 feet each  may be used or possessed on board a vessel to catch or attempt to catch crabs for recreational purposes.

D. In the Chesapeake Bay and its tidal tributaries:

  (1) Trotline gear may only be used to catch or attempt to catch crabs:

    (a) For commercial purposes by an individual licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; or

    (b) For recreational purposes by an individual licensed in accordance with Regulation .09 of this chapter;

  (2) An individual licensed to catch crabs for recreational purposes may not use or possess on board a vessel a trotline or trotlines with a baited portion more than 1,200 feet in length to catch or attempt to catch crabs for recreational purposes; and

  (3) The trotline gear used from the boat may not exceed 1,200 feet in length for the baited portion:

    (a) Regardless of the number of individuals licensed to catch crabs for recreational purposes on a boat; or

    (b) If the boat is licensed as a recreational crabbing boat.

E. Buoy Requirements.

  (1) A trotline shall have a three-dimensional buoy of the same color, size, and shape attached to each end.

  (2) Buoys that have a spherical shape shall be at least 12 inches in diameter.

  (3) Buoys that do not have a spherical shape shall be at least:

    (a) 12 inches long;

    (b) 10 inches wide; and

    (c) 10 inches high.

  (4) Buoys shall be marked with the owner’s:

    (a) DNR id number, if recreationally crabbing in the Chesapeake Bay or its tidal tributaries;

    (b) Name and address, if recreationally crabbing in the Atlantic Ocean, its coastal bays, or their tidal tributaries; or

    (c) Commercial license number.

#### Regulation .04 Crab Scrapes.

*COMAR 08.02.03.04*

A. A crab scrape may not:

  (1) Have a bar wider than 60 inches;

  (2) Have teeth or projections of any kind;

  (3) Have a flat plate attached to the scraping bar, which is the bar that touches the bottom;

  (4) Have a diver, chain, or other device attached to it or the taking line to hold the scrape to the bottom; and

  (5) Exceed 80 pounds in weight, including the bag.

B. Number of Scrapes Permitted.

  (1) A person may not use more than two scrapes in any vessel that is propelled by an engine.

  (2) Scrapes may not be affixed to each other so as to form a single fishing unit.

C. Prohibited Areas. Scrapes are prohibited in the following areas:

  (1) St. Mary's River—that portion lying upriver from a line drawn between Chancellor Point and Portobello Point;

  (2) Calvert Bay and Smith Creek—that portion north of a line drawn between Kitts Point and Lawson Point;

  (3) All submerged lands leased for shellfish cultivation in accordance with Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland; and

  (4) The waters of the Chesapeake Bay and tidal tributaries north of a line extending in a westerly direction from the southern point of the mouth of Punch Island Creek in Dorchester County defined by Lat. 38°25'15.2"N., Long. 76°17'19.7"W. to Cove Point in Calvert County defined by Lat. 38°23'05.4"N., Long. 76°22'52.3"W.

D. Hand Scrapes. Notwithstanding §C(4) of this regulation, a person may use a single scrape not wider than 48 inches and not heavier than 45 pounds north of the line defined in §C(4) of this regulation in the following areas:

  (1) The area of the Chesapeake Bay east of a line drawn from a point at or near Cook Point in Dorchester County defined by Lat. 38°37'41.5"N., Long. 76°17'21.1"W.; then running approximately 193° True to a point at or near Hills Point in Dorchester County defined by Lat. 38°34'19.9"N., Long. 76°18'21.2"W.; and

  (2) The waters of Queen Anne's County and Kent County.

#### Regulation .05 Bank Traps and Channel Pounds.

*COMAR 08.02.03.05*

A. A bank trap and channel pound shall meet the following structural requirements:

  (1) A row of hedging attached to any bank trap or channel pound may not exceed more than 1/3 the distance across the body of water in which the bank trap or channel pound is placed;

  (2) To permit trapped air-breathing animals to survive, each bank trap and channel pound shall be constructed and placed in the water to provide an airspace safety chamber in the top of the trap which shall extend 12 inches above the water at mean high tide, and consist of a cube not less than 12 inches on each side and 12 inches high, or a cylinder not less than 18 inches in diameter and 12 inches high; and

  (3) A marker shall be attached to each bank trap and channel pound, which clearly identifies the name and license number of the owner in letters at least 2 inches high.

B. Areas Where Bank Traps and Channel Pounds May Be Placed.

  (1) An individual may place a bank trap or channel pound only in the following tidal waters:

    (a) The waters surrounding Eastern Neck Island from Baybush Point along the south and easterly sides of the island to the bridge crossing Eastern Neck Narrows, except within 300 feet of another bank trap or channel pound; and

    (b) The tidal waters of Somerset County except within:

      (i) 300 feet of another bank trap or channel pound; or

      (ii) 500 feet of the point, formed at the intersection of a line from the nearest part of the dwelling to the water and a line along the mean high water mark, of property that contains an occupied dwelling.

  (2) In Somerset County, a bank trap or channel pound may not be placed closer than the distance specified in §B(1)(b)(ii) of this regulation from a waterfront residence, unless written permission has been obtained from the owner, tenant, or lessee of the waterfront property. This permission shall include the signature, address, and telephone number of the owner, tenant, or lessee.

  (3) If written permission is required, it shall be shown to a Natural Resources Police officer or other law enforcement officer upon request.

C. An individual may not set more than 35 bank traps or channel pounds in the tidal waters of Somerset County.

D. Times for Staking Out and Removing Bank Traps or Channel Pounds.

  (1) After 8 a.m. on March 15, a licensee may use in each instance a single stake with the licensee's name and license number to stake out one or more sites for bank traps or channel pounds.

  (2) Beginning on March 1 of each year, a landowner or lessee may use in each instance a single stake with the landowner's or lessee's name and address to stake out one site in the area riparian to the landowner's or lessee's land where the landowner or lessee may maintain a trap or pound. An individual other than the landowner or lessee may not place or maintain a trap or pound in that area, if the area is staked by a landowner or lessee.

  (3) Each bank trap and hedging shall be in place not later than May 1 or the staking of the site is void and may be staked out by another licensee.

  (4) An individual shall remove a bank trap or channel pound, including all hedging and stakes, by December 1.

  (5) If a bank trap or channel pound is removed before December 1, all hedging and stakes shall be removed 30 days after the trap is removed.

#### Regulation .06 Collapsible Crab Traps and Crab Net Rings.

*COMAR 08.02.03.06*

A. An individual may not set or fish a crab net ring or collapsible crab trap within 100 feet of another individual’s set trotline, collapsible crab trap, or net ring.

B. In the coastal bays of the Atlantic Ocean and their tidal tributaries:

  (1) An individual may not catch or attempt to catch crabs for recreational purposes with any combination of more than ten collapsible traps and net rings; or

  (2) If two or more individuals are catching or attempting to catch crabs for recreational purposes on a boat, not more than any combination of 25 collapsible traps and net rings may be set per boat.

C. In the Chesapeake Bay and its tidal tributaries:

  (1) An individual may not catch or attempt to catch crabs for recreational purposes with collapsible traps or net rings unless the individual is:

    (a) Licensed to catch crabs for recreational purposes; or

    (b) On a boat licensed as a recreational crabbing boat;

  (2) If an individual is licensed to catch crabs for recreational purposes, not more than 30 collapsible traps or net rings or not more than 30 of a combination of collapsible traps and net rings may be set; and

  (3) Not more than 30 collapsible traps or net rings or not more than 30 of a combination of collapsible traps and net rings may be set per boat:

    (a) Regardless of the number of individuals licensed to catch crabs for recreational purposes on a boat; or

    (b) If the boat is licensed as a recreational crabbing boat.

D. A collapsible crab trap or crab net ring which is not attached to a pier, wharf, or boat shall be marked with a buoy bearing the owner’s:

  (1) DNRid number, if recreationally crabbing in the Chesapeake Bay or its tidal tributaries;

  (2) Name and address, if recreationally crabbing in the Atlantic Ocean, its coastal bays, or their tidal tributaries; or

  (3) Commercial license number.

#### Regulation .07 Crab Pots.

*COMAR 08.02.03.07*

A. “Cull ring” means a device in a crab pot, for the escapement of undersized crabs, described as a:

  (1) Ring with an opening of the established measurement for the inside diameter; or

  (2) Square opening cut from the crab pot measuring at least 4-1/2 inches by 4-1/2 inches and covered by a panel of 2-inch by 2-inch mesh so that there are at least four complete 2-inch by 2-inch square meshes.

B. A crab pot shall meet the following structural requirements:

  (1) A standard cube type crab pot may not have sides which are more than 24 inches long;

  (2) Rectangular crab pots may not have dimensions which are greater than 12 inches high, 24 inches wide, and 48 inches long in total;

  (3) A crab pot shall be constructed of wire having a mesh measuring along its longest axis when the wire is unstretched of not less than:

    (a) 1-1/2 inches for the purpose of catching hard crabs; or

    (b) 1 inch for the purpose of catching peeler crabs;

  (4) Except for a crab pot constructed with unstretched mesh measuring less than 1-1/2 inches or at least 2 inches on each side, a crab pot set in the Chesapeake Bay or its tidal tributaries shall have two cull rings, one of at least 2-3/16 inches and one of at least 2-5/16 inches inside diameter located in exterior side panels or the top panel of the crab pot; and

  (5) A crab pot set for recreational purposes shall have a turtle reduction device which:

    (a) Is firmly attached to each entrance or funnel in the lower chamber;

    (b) Is constructed of wire or plastic;

    (c) Is rectangular in shape; and

    (d) Has dimensions which do not exceed 1-3/4 inches high and 4-3/4 inches long.

C. Times for Setting and Removing Crab Pots.

  (1) Crab pots may not be set in State waters before March 31 of each year.

  (2) All crab pots shall be removed from the waters of the Chesapeake Bay and its tidal tributaries by December 31 of each year.

  (3) All crab pots shall be removed from the waters of the coastal bays of the Atlantic Ocean and their tidal tributaries:

    (a) If set for commercial purposes, by November 16 of each year; or

    (b) If set for recreational purposes, by December 31 of each year.

D. General Requirements.

  (1) A person may use crab pots to catch crabs for recreational purposes only:

    (a) If the person is:

      (i) An owner, lessee, or tenant of a private property along the shore; or

      (ii) A guest of an owner, lessee, or tenant of a private property along the shore;

    (b) If using the crab pot in accordance with §§B, C, D, and H of this regulation; and

    (c) If crabbing from a property located on the Chesapeake Bay or its tidal tributaries, only if the crab pots have been properly registered with the Department.

  (2) Not more than two crab pots set for recreational purposes may be attached to a property or privately owned pier, regardless of the number of owners or lessees of that property.

  (3) Notwithstanding §§E and G of this regulation, a crab pot set for recreational purposes shall be:

    (a) Set in front of the person's property, within 100 yards of the shore, and:

      (i) Attached by a line to the property or a privately owned pier or dock; or

      (ii) Marked by a buoy or pole and sign; and

    (b) Marked with the owner's:

      (i) DNR id number, if crabbing in the Chesapeake Bay or its tidal tributaries; or

      (ii) Name and address, if crabbing in the Atlantic Ocean, its coastal bays, or their tidal tributaries.

  (4) Buoys for Commercially Set Crab Pots.

    (a) Each pot individually set shall be marked with a buoy that is easily visible on the surface.

    (b) Each string of pots shall be marked at each end with a buoy that is easily visible on the surface.

    (c) Each buoy shall be clearly marked with the identification number of the licensee in letters at least 2 inches high, and, if the buoy is attached to a string of crab pots, with the number of pots in the string.

    (d) The Department may require individual numbered markers supplied by the Department to be attached to every buoy.

  (5) While crabbing in the Chesapeake Bay and its tidal tributaries, a person licensed to catch crabs with more than 50 crab pots may not at any time set or fish more than 300 crab pots unless the person is authorized to set or fish 600 or 900 crab pots.

  (6) A person commercially licensed to catch crabs may set crab pots in the coastal bays of the Atlantic Ocean and their tidal tributaries subject to the following limitations:

    (a) A person licensed to catch crabs with more than 50 pots may not set or fish more than 300 pots; and

    (b) Regardless of the number of licensees per boat, not more than 300 pots may be set or fished.

  (7) Crabs may not be in the bait box of the crab pot.

E. Except as specifically allowed, crab pots may not be set in the waters described in §§F—I of this regulation.

F. Upper Chesapeake Bay — North of the William Preston Lane Jr. Memorial Bridge (Chesapeake Bay Bridge).

  (1) Western Shore and Susquehanna Flats.

    (a) Susquehanna Flats. All the waters upstream of a line beginning at a point at or near the shore at Rocky Point defined by Lat. 39° 29.361' N, Long. 75° 59.707' W then running approximately 257° True to a point at or near Locust Point defined by Lat. 39° 28.517' N, Long. 76° 4.372' W.

    (b) Spesutie Narrows. All the waters upstream of a line beginning at a point at or near the shore at Bear Point defined by Lat. 39° 26.227' N, Long. 76° 4.913' W then running approximately 263° True to a point at or near Black Point defined by Lat. 39° 26.116' N, Long. 76° 6.143' W.

    (c) Romney Creek. All the waters upstream of a line beginning at a point at or near the shore at Taylor Point defined by Lat. 39° 22.762' N, Long. 76° 10.770' W then running approximately 231° True to a point on the south side entrance to Romney Creek defined by Lat. 39° 22.169' N, Long. 76° 11.727' W.

    (d) Bush River. All the waters upstream of a line beginning at a point at or near the shore at Abbey Point defined by Lat. 39° 20.997' N, Long. 76° 13.688' W then running approximately 242° True to a point at or near Lego Point defined by Lat. 39° 20.286' N, Long. 76° 15.409’ W.

    (e) Boone Creek. All the waters upstream of a line beginning at a point at or near the shore at the north side of the mouth of Boone Creek defined by Lat. 39° 19.947' N, Long. 76° 15.953' W then running approximately 202° True to a point on the southwest side of the entrance to Boone Creek defined by Lat. 39° 19.836' N, Long. 76° 16.004' W.

    (f) Gunpowder River. All the waters upstream of a line beginning at a point at or near the shore at the southwestern tip of Rickett Point defined by Lat. 39° 18.126' N, Long. 76° 17.805' W then running approximately 298° True to the point at the eastern tip of Carroll Island defined by Lat. 39° 18.778' N, Long. 76° 19.372' W then along the shore to the western tip of Carroll Island defined by Lat. 39° 18.817' N, Long. 76° 19.536' W then running 297° True to a point at or near Carroll Point defined by Lat. 39° 18.904' N, Long. 76° 19.758' W then running 208° True to a point at or near Weir Point defined by Lat. 39° 18.306' N, Long. 76° 20.196' W.

    (g) Seneca Creek, Middle River, Hawk Cove, and Back River. All the waters upstream of a line beginning at a point at or near the shore at Lower Island Point defined by Lat. 39° 18.254' N, Long. 76° 20.389' W then running approximately 197° True to the most northern point of Hart-Miller Island defined by Lat. 39° 15.693' N, Long. 76° 21.388’ W then running along the northwestern shore of Hart-Miller Island to a point on the western side of Hart-Miller Island defined by Lat. 39° 14.547' N, Long. 76° 23.078' W then running approximately 208° True to the northern tip of Pleasure Island defined by Lat. 39° 14.120' N, Long. 76° 23.378' W then running along the southern shore to the southern tip of Pleasure Island defined by Lat. 39° 13.896' N, Long. 76° 23.649' W then running approximately 235° True to the southeastern point of Back River Neck defined by Lat. 39° 13.759' N, Long. 76° 23.897' W.

    (h) Shallow Creek. All the waters upstream of a line beginning at a point at the entrance on the north side of Shallow Creek defined by Lat. 39° 12.270' N, Long. 76° 25.959' W then running approximately 235° True to a point at the entrance on the south side of Shallow Creek define by Lat. 39° 12.140' N, Long. 76° 26.180' W.

    (i) Patapsco River.  All the waters upstream of a line beginning at a point at or near North Point defined by Lat. 39° 11.720' N, Long. 76° 26.557' W then running approximately 227° True to the point at or near Buoy R "6" defined by Lat. 39° 11.152' N, Long. 76° 27.336' W then running approximately 160° True to a point at or near Bodkin Point defined by Lat. 39° 7.937' N, Long. 76° 25.860' W.

    (j) Magothy River. All the waters upstream of a line beginning at a point at or near Mountain Point defined by Lat. 39° 3.553' N, Long. 76° 25.996' W then running approximately 212° True to a point at or near Persimmon Point defined by Lat. 39° 3.170' N, Long. 76° 26.310' W.

    (k) Little Magothy River. All the waters upstream of a line beginning of the west jetty at the entrance to the Little Magothy River defined by Lat. 39° 2.765' N, Long. 76° 25.783' W then running approximately 14° True to tip of the west jetty at the entrance to the Little Magothy River defined by Lat. 39° 2.782' N, Long. 76° 25.778' W then running approximately 97° True to a point on the tip of the east jetty at the entrance to Little Magothy River defined by Lat. 39° 2.782' N, Long. 76° 25.765' W then running approximately 193° True along the east jetty to a point on shore defined by Lat. 39° 2.770' N, Long. 76° 25.769' W.

    (l) Podickory Point Marina. All the waters enclosed by a line at the beginning of the north Podickory Point Marina jetty defined by Lat. 39° 1.980' N, Long. 76° 24.239' W then running approximately 45° True to a point at the tip of the north Podickory Point Marina jetty defined by Lat. 39° 2.004' N, Long. 76° 24.214' W then running approximately 191° True to a point at the tip of the south Podickory Point Marina jetty defined by Lat. 39° 1.969' N, Long. 76° 24.223' W then running approximately 220° True along the jetty to a point at the shore defined by Lat. 39° 1.906' N, Long. 76° 24.294' W.

    (m) Sandy Point Boat Exclusion Zone. All the waters enclosed by a line at the beginning of the northernmost jetty at Sandy Point defined by Lat. 39° 1.089' N, Long. 76° 23.816' W then running approximately 71° True to a point at the tip of the northernmost jetty at Sandy Point defined by Lat. 39° 1.114' N, Long. 76° 23.739' W then running approximately 155° True to a point offshore of Sandy Point defined by Lat. 39° 0.655' N, Long. 76° 23.458' W then running approximately 243° True to the Mezick Pond Jetty south of Sandy Point defined by Lat. 39° 0.390' N, Long. 76° 24.108' W then running approximately 330° True along the jetty to the point along the shore defined by Lat. 39° 0.464' N, Long. 76° 24.158' W.

  (2) Eastern Shore.

    (a) Elk River. All the waters upstream of a line beginning at a point at or near the east side of Turkey Point defined by Lat. 39° 26.997' N, Long. 76° 0.184' W then running approximately 121° True towards the entrance to Pearce Creek defined by Lat. 39° 26.337' N, Long. 75° 58.792' W.

    (b) Pond Creek.  All the waters upstream of a line beginning at a point north of the entrance to Pond Creek defined by Lat. 39° 24.903' N, Long. 76° 0.340' W then running approximately 235° True to a point south of the entrance to Pond Creek defined by Lat. 39° 24.766' N, Long. 76° 0.597' W.

    (c) Sassafras River. All the waters upstream of a line beginning at a point at or near Grove Point defined by Lat. 39° 23.204' N, Long. 76° 2.238' W then running approximately 255° True to a point at or near Howell Point defined by Lat. 39° 22.320' N, Long. 76° 6.373' W.

    (d) Still Pond. All the waters upstream of a line beginning at a point at or near Meeks Point defined by Lat. 39° 20.717' N, Long. 76° 8.2082' W then running approximately 211° True to a point at or near Rocky Point defined by Lat. 39° 20.070' N, Long. 76° 8.731' W.

    (e) Worton Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Worton Creek defined by Lat. 39° 18.058' N, Long. 76° 10.713' W then running approximately 199° True to a point at or near Handy Point defined by Lat. 39° 17.420' N, Long. 76° 10.993' W.

    (f) Fairlee Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Fairlee Creek defined by Lat. 39° 16.280' N, Long. 76° 12.122' W then running approximately 256° True to a point on the western side of the entrance to Fairlee Creek defined by Lat. 39° 16.183' N, Lon. 76° 12.677' W.

    (g) Rock Hall Harbor/Swan Creek/Tavern Creek. All the waters upstream of a line beginning at a point at or near Swan Point defined by Lat. 39° 8.778' N, Long. 76° 16.523' W then running approximately 140° True to a point at a known sunken island defined by Lat. 39° 7.240' N, Long. 76° 14.870' W then running approximately 170° True to a point at or near the northern tip of Huntingfield Point defined by Lat. 39° 7.118' N, Long. 76° 14.842' W.

    (h) Chester River. All the waters upstream of a line beginning at a point at or near Wilson Point defined by Lat. 39° 03.193' N, Long. 76° 13.635' W then running approximately 227° True to a point at or near Love Point defined by Lat. 39° 2.693' N, Long. 76° 14.27' W then running approximately 265° True to a point at or near the Eastern Neck Island rock jetty defined by Lat. 39° 2.392' N, Long. 76° 18.156' W.

G. Lower Western Shore — South of the William Preston Lane Jr. Memorial Bridge (Chesapeake Bay Bridge).

  (1) Mezick Pond to South River.

    (a) Mezick Pond. All the waters enclosed by a line beginning at a point east of the entrance to Mezick Pond defined by Lat. 39° 0.464' N, Long. 76° 24.158' W then running approximately 275° True to a point west of the entrance to Mezick Pond defined by Lat. 39° 0.468' N, Long. 76° 24.238' W.

    (b) Whitehall Bay. All the waters upstream of a line beginning at a point at or near Hackett Point defined by Lat. 38° 59.223' N, Long. 76° 25.600' W then running approximately 241° True to the point at or near Greenbury Point defined by Lat. 38° 58.483' N, Long. 76° 27.295' W.

    (c) Severn River. All the waters upstream of a line beginning at a point at or near Greenbury Point defined by Lat. 38° 58.483' N, Long. 76° 27.295' W then running approximately 174° True to the point at or near Tolly Point defined by Lat. 38° 56.490' N, Long. 76° 27.025' W.

    (d) Blackwalnut Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Blackwalnut Creek defined by Lat. 38° 55.842' N, Long. 76° 27.774' W then running approximately 207° True to a point on the south side of the entrance to Blackwalnut Creek defined by Lat. 38° 55.827' N, Long. 76° 27.784' W.

    (e) Oyster Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Oyster Creek defined by Lat. 38° 55.644' N, Long. 76° 27.796' W then running approximately 133° True to a point on the jetty south of the entrance to Oyster Creek defined by Lat. 38° 55.626' N, Long. 76° 27.772' W.

    (f) Fishing Creek (South River). All the waters upstream of a line beginning at a point on the north side of the entrance to Fishing Creek defined by Lat. 38° 54.898' N, Long. 76° 27.557' W then running approximately 186° True to a point at or near Thomas Point defined by Lat. 38° 54.448' N, Long. 76° 27.622' W.

    (g) South River. All the waters upstream of a line beginning at a point at or near Thomas Point defined by Lat. 38° 54.448' N, Long. 76° 27.622' W then running approximately 227° True to a point at or near Saunders Point defined by Lat. 38° 53.100' N, Long. 76° 29.444' W.

  (2) West River to Herring Bay.

    (a) Rhode and West Rivers. All the waters upstream of a line beginning at a point at or near Dutchman Point defined by Lat. 38° 52.183' N, Long. 76° 30.570' W then running approximately 152° True to a point at or near Curtis Point defined by Lat. 38° 51.184' N, Long. 76° 29.891' W.

    (b) Jack Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Jack Creek defined by Lat. 38° 50.791' N, Long. 76° 29.650' W then running approximately 163° True to a point on the south side of the entrance to Jack Creek defined by Lat. 38° 50.636' N, Long. 76° 29.588' W.

    (c) Flag Pond Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Flag Pond Creek defined by Lat. 38° 48.646' N, Long. 76° 30.320' W then running approximately 200° True to a point on the south side of the entrance to Flag Pond Creek defined by Lat. 38° 48.499' N, Long. 76° 30.388' W.

    (d) Deep Creek and Deep Cove Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Deep Creek/Deep Cove Creek defined by Lat. 38° 48.341' N, Long. 76° 30.543' W then running approximately 186° True to a point on the south side of the entrance to Deep Creek/Deep Cove Creek defined by Lat. 38° 48.280' N, Long. 76° 30.551' W.

    (e) Broadwater Creek. All the waters upstream of a line beginning at a point north of the entrance to Broadwater Creek at Franklin Manor Beach defined by Lat. 38° 48.060' N, Long. 76° 30.617' W then running approximately 225° True to a point on the south side of the entrance to Broadwater Creek defined by Lat. 38° 47.264' N, Long. 76° 31.618' W.

    (f) Carrs Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Carrs Creek defined by Lat. 38° 47.264' N, Long. 76° 31.618' W then running approximately 196° True to a point on the south side of the entrance to Carrs Creek defined by Lat. 38° 47.198' N, Long. 76° 31.649' W.

    (g) Herring Bay. All the waters upstream of a line beginning at a point on the north side of the entrance to Parkers Creek defined by Lat. 38° 46.691' N, Long. 76° 32.220' W then running approximately 172° True to the point at or near Holland Point defined by Lat. 38° 43.661' N, Long. 76° 31.664' W.

  (3) Fishing Creek to Cove Point.

    (a) Fishing Creek (Chesapeake Beach). All the waters upstream of a line beginning at a point on shore at the beginning of the rock jetty defined by Lat. 38° 41.534' N, Long. 76° 31.960' W then running approximately 96° True to a point at the tip of the rock jetty on the north side of the entrance to Fishing Creek defined by Lat. 38° 41.518' N, Long. 76° 31.770' W then running approximately 186° True to a point at the tip of the rock jetty on the south side of the entrance to Fishing Creek defined by Lat. 38° 41.448' N, Long. 76° 31.779' W then running approximately 251° True along the rock jetty to a point on shore at the beginning of the rock jetty defined by Lat. 38° 41.399' N, Long. 76° 31.960' W.

    (b) Naval Research Lab Prohibited Area near Randle Cliff Beach (via CFR § 334.170 Area A). All the waters enclosed by a line beginning at a point on the shore defined by Lat. 38° 39.917' N, Long. 76° 31.782' W then running approximately 90° True to a point at defined by Lat. 38° 39.918' N, Long. 76° 31.050' W then running approximately 180° True to a point at defined by Lat. 38° 39.150' N, Long. 76° 31.050' W then running approximately 270° True to a point on the shore defined by Lat. 38° 39.150' N, Long. 76° 31.620' W.

    (c) Plum Point Creek. All the waters upstream of a line beginning at a point on shore at the beginning of the north jetty defined by Lat. 38° 36.9425' N, Long. 76° 30.729' W then running approximately 87° True to the tip of the jetty at the north side of the entrance to Plum Point Creek defined by Lat. 38° 36.944' N, Long. 76° 30.669' W then running approximately 176° True to the tip of the jetty at the south side of the entrance to Plum Point Creek defined by Lat. 38° 36.925' N, Long. 76° 30.667' W then running approximately 263° True to the point along the shore at the beginning of the south jetty defined by Lat. 38° 36.922' N, Long. 76° 30.697' W.

    (d) Parkers Creek (near Port Republic). All the waters upstream of a line beginning at a point on the north side of the entrance to Parkers Creek defined by Lat. 38° 32.243' N, Long. 76° 31.086' W then running approximately 169° True to a point on the south side of the entrance to Parkers Creek defined by Lat. 38° 32.215' N, Long. 76° 31.080' W.

    (e) Long Beach. All the waters enclosed by a line running from a point on shore at the beginning of the north jetty defined by Lat. 38° 27.894' N, Long. 76° 28.255' W then running approximately 45° True to a point at the tip of the rock jetty on the north side of the entrance to Long Beach defined by Lat. 38° 27.945' N, Long. 76° 28.192' W then running approximately 171° True to a point at the tip of the rock jetty on the south side of the entrance to Long Beach defined by Lat. 38° 27.916' N, Long. 76° 28.187' W then running approximately 223° True along the south jetty to the point on shore defined by Lat. 38° 27.847' N, Long. 76° 28.268' W.

    (f) Calvert Cliffs (via Security Zone 165.505). All the waters enclosed by a line beginning at a point along the shore north of the Calvert Cliffs Nuclear Power Plant defined by Lat. 38° 26.233' N, Long. 76° 26.550' W then running approximately 28° True to a point defined by Lat. 38° 26.350' N, Long. 76° 26.467' W then running approximately 131° True to a point defined by Lat. 38° 26.167' N, Long. 76° 26.200' W then running approximately 227° True to a point on the shore south of the Calvert Cliffs Nuclear Power Plant defined by Lat. 38° 26.089' N, Long. 76° 26.310' W.

    (g) Cove Point Liquified Natural Gas Terminal (via Safety Zone 165.502). All the waters enclosed by a line beginning at a point defined by Lat. 38° 24.450' N, Long. 76° 23.700' W then running approximately 55° True to a point defined by Lat. 38° 24.734' N, Long. 76° 23.184' W then running approximately 145° True to a point defined by Lat. 38° 23.917' N, Long. 76° 22.450' W then running approximately 234° True to a point defined by Lat. 38° 23.617' N, Long. 76° 22.967' W then running approximately 325° True to a point of beginning.

  (4) Patuxent River to St. Jerome’s Creek.

    (a) Patuxent River. All the waters upstream of a line beginning at a point at or near Drum Point defined by Lat. 38° 19.138' N, Long. 76° 25.295' W then running approximately 120° True to a point at or near Hog Point defined by Lat. 38° 18.555' N, Long. 76° 24.028' W.

    (b) Goose Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Goose Creek defined by Lat. 38° 17.508' N, Long. 76° 22.758' W then running approximately 221° True to a point on the south side of the entrance to Goose Creek defined by Lat. 38° 17.494' N, Long. 76° 22.775' W.

    (c) St. Jerome Creek. All the waters upstream of a line beginning at a point at or near St. Jerome Point defined by Lat. 38° 7.213' N, Long. 76° 20.301' W then running approximately 265° True to a point at or near Deep Point defined by Lat. 38° 7.201' N, Long. 76° 20.486' W.

    (d) Deep Creek and Long Neck Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Deep Creek/Long Neck Creek defined by Lat. 38° 5.221' N, Long. 76° 19.860' W then running approximately 175° True to a point on the south side of the entrance to Deep Creek/Long Neck Creek defined by Lat. 38° 5.195' N, Long. 76° 19.858' W.

  (5) Tanner Creek. All the waters upstream of a line beginning at the shore at the beginning of the north jetty at the entrance to Tanner Creek defined by Lat. 38° 3.934' N, Long. 76° 19.662' W then running approximately 82° True to a point at the tip of the north jetty defined by Lat. 38° 3.943' N, Long. 76° 19.588' W then running approximately 170° True to a point at the tip of the south jetty defined by Lat. 38° 3.916' N, Long. 76° 19.584' W then running approximately 260° True to a point at the beginning of the south jetty at the shore defined by Lat. 38° 3.903' N, Long. 76° 19.676' W.

  (6) Potomac River — Maryland Tributaries and Sounds.

    (a) Potomac River. All the waters upstream of a line beginning at a point at or near Point Lookout defined by Lat. 38° 2.275' N, Long. 76° 19.326' W then running approximately 155° True to a point at or near the tip of the north Smith Point jetty defined by Lat. 37° 53.418' N, Long. 76° 14.177' W then running approximately 147° True to a point at or near the tip of the south Smith Point jetty defined by Lat. 37° 53.381' N, Long. 76° 14.146' W then running approximately 240° True along the jetty to a point on shore at the beginning of the jetty defined by Lat. 37° 53.331' N, Long. 76° 14.252' W then southerly along the shore to the Maryland/Virginia State Line defined by Lat. 37° 53.159' N, Long. 76° 14.247' W, except as provided in §G(6)(b) of this regulation.

    (b) Exceptions.

      (i) Calvert Bay. All the waters upstream of a line beginning at a point at or near the eastern shore of the entrance to Rowley Bay defined by Lat. 38° 5.463' N, Long. 76° 23.011' W then running approximately 298° True to a point at or near Gray Point defined by Lat. 38° 5.555' N, Long. 76° 23.231' W then running approximately 299° True to a point at or near Kitts Point defined by Lat. 38° 6.326' N, Long. 76° 25.020' W and downstream of a line beginning at a point on the east shore at the entrance to Calvert Creek defined by Lat. 38° 6.158' N, Long. 76° 23.524' W then running approximately 313° True to a point on the west sore at the entrance to Calvert Creek defined by Lat. 38° 6.210' N, Long. 76° 23.601' W.

      (ii) All the waters downstream of a line running from the east entrance to unnamed creek west of Charles Davis Lane defined by Lat. 38° 6.284' N, Long. 76° 23.858' W then running approximately 291° True to a point on the west entrance to unnamed creek west of Charles Davis Lane defined by Lat. 38° 6.310' N, Long. 76° 23.938' W.

      (iii) All the waters downstream of a line running from the east entrance to Smith Creek defined by Lat. 38° 6.434' N, Long. 76° 24.319' W then running approximately 267° True to a point on the west entrance to Smith Creek defined by Lat. 38° 6.416' N, Long. 76° 24.816' W.

      (iv) St. Mary’s River. All the waters upstream of a line beginning at a point at or near the southwestern tip of St Inigoes Neck defined by Lat. 38° 6.367' N, Long. 76° 25.281' W then running approximately 270° True to a point at the southeasternmost point of St. George Island defined by Lat. 38° 6.384' N, Long. 76° 27.937' W and downstream of a line beginning at a point at or near Priest’s Point defined by Lat. 38° 9.045' N, Long. 76° 26.491' W then running approximately 235° True to a point at or near Edmund Point defined by Lat. 38° 8.378' N, Long. 76° 27.703' W.

      (v) All the waters downstream of a line beginning at a point at or near Cherryfield Point defined by Lat. 38° 7.772' N, Long. 76° 28.004' W then running approximately 209° True to the point at or near Ball Point defined by Lat. 38° 7.252' N, Long. 76° 28.381' W.

      (vi) Breton Bay/St. Clements Bay. All the waters upstream of a line beginning at a point at or near Huggins Point defined by Lat. 38° 14.023' N, Long. 76° 41.138' W then running approximately 235° True to a point on the eastern extremity of the sand bar known as Heron Island defined by Lat. 38° 12.962' N, Long. 76° 43.075' W then running approximately 286° True to a point on the western extremity of Heron Island bar defined by Lat. 38° 13.127' N, Long. 76° 43.827' W then running approximately 223° True to a point at or near the most southeasterly tip of Blackistone/St. Clement’s Island defined by Lat. 38° 12.493' N, Long. 76° 44.576' W then running along the southern and western shores to the most western point of Blackistone/St. Clement’s Island defined by Lat. 38° 12.760' N, Long. 76° 44.840' W then running approximately 338° True to a point at or near Colton Point defined by Lat. 38° 13.337' N, Long. 76° 45.133' W and downstream of a line beginning at a point at or near Protestant Point defined by Lat. 38° 14.923' N, Long. 76° 40.456' W then running approximately 292° True to a point at or near Clem Point defined by Lat. 38° 15.347' N, Long. 76° 41.771' W then running along the shore of Newtown Neck past Kaywood Point and Long Point to a point at or near Chapel Point defined by Lat. 38° 15.485' N, Long. 76° 42.409' W then running approximately 325° True to a point at or near Shipping Point defined by Lat. 38° 15.952' N, Long. 76° 42.811' W then running along the shore to the point at the northern entrance to Canoe Neck Creek defined by Lat. 38° 15.256' N, Long. 76° 43.612' W then running approximately 235° True to the point at the southern entrance to Canoe Neck Creek defined by Lat. 38° 15.107' N, Long. 76° 43.839' W then along the shore to a point at the northern entrance to St. Patrick Creek defined by Lat. 38° 14.129' N, Long. 76° 44.472' W then running approximately 211° True to a point on the southern entrance to St. Patrick Creek defined by Lat. 38° 13.900' N, Long. 76° 44.656' W.

      (vii) St. Catherine’s Sound. All the waters upstream of a line beginning at a point at the southeasterly entrance to St. Catherine’s Sound between Waterloo Point and Dukehart Creek defined by Lat. 38° 13.643' N, Long. 76° 46.447' W then running approximately 274° True to the southernmost extension of St. Catherine Island Sandbar defined by Lat. 38° 13.696' N, Long. 76° 47.272' W then running approximately 328° True to a point at the southern tip of St. Catherine’s Island defined by Lat. 38° 14.109' N, Long. 76° 47.603' W and downstream of a line beginning at a point at or near Yellow Bank Point defined by Lat. 38° 14.761' N, Long. 76° 47.169' W then running approximately 240° True to a point at the northeasternmost tip of St. Catherine’s Island defined by Lat. 38° 14.452' N, Long. 76° 47.851' W.

      (viii) Wicomico River. All the waters upstream of a line beginning at a point at or near Cobb Point defined by Lat. 38° 15.314' N, Long. 76° 50.523' W then running approximately 136° True to a point at or near Cobb Point bar lighthouse defined by Lat. 38° 14.555' N, Long. 76° 49.597' W then running approximately 96° True to a point at or near the northwestern tip of St. Catherine’s Island defined by Lat. 38° 14.429' N, Long. 76° 47.958' W then running approximately 320° True to a point at or near the southern tip of St. Margaret’s Island defined by Lat. 38° 15.031' N, Long. 76° 48.594' W then along the western shore to a point at or near the eastern tip of St. Margaret’s Island defined by Lat. 38° 15.125' N, Long. 76° 48.569' W then running approximately 84° True to a point on the eastern shore of the Wicomico River defined by Lat. 38° 15.151' N, Long. 76° 48.311' W and downstream of a line beginning at a point at or near White Point defined by Lat. 38° 17.214' N, Long. 76° 48.842' W then running approximately 250° True to a point at the western tip of White Point Sand Bar defined by Lat. 38° 17.096' N, Long. 76° 49.261' W then running approximately 222° True to a point at or near Rock Point defined by Lat. 38° 16.409' N, Long. 76° 50.041' W then running approximately 196° True to a point at or near Shipping Point defined by Lat. 38° 15.707' N, Long. 76° 50.291' W then along the eastern shore of Cobb Island to the point at or near Cobb Point defined by Lat. 38° 15.314' N, Long. 76° 50.523' W.

      (ix) Liverpool Point to Smith Point (Charles County). All the waters enclosed by a line beginning at a point at or near Liverpool Point defined by Lat. 38° 27.851' N, Long. 77° 16.236' W then running approximately 175° True to a point at or near Smith Point defined by Lat. 38° 24.964' N, Long. 77° 15.918' W.

H. Lower Eastern Shore — South of the William Preston Lane Jr. Memorial Bridge (Chesapeake Bay Bridge).

  (1) Broad Creek to Knapps Narrows.

    (a) Bay Bridge Marina. All the waters enclosed by a line beginning at a point on the north side of the entrance to the Bay Bridge Marina defined by Lat. 38° 58.809' N, Long. 76° 20.097' W then running approximately 223° True to a point on the south side of the entrance to the Bay Bridge Marina defined by Lat. 38° 58.785' N, Long. 76° 20.127' W.

    (b) Broad Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Broad Creek defined by Lat. 38° 58.645' N, Long. 76° 20.164' W then running approximately 230° True to a point on the south side of the entrance to Broad Creek defined by Lat. 38° 58.476' N, Long. 76° 20.424' W.

    (c) Matapeake. All the waters enclosed by a line beginning at a point on the north side of the entrance to Matapeake defined by Lat. 38° 57.389' N, Long. 76° 21.427' W then running approximately 201° True to a point on the south side of the entrance to Matapeake defined by Lat. 38° 57.371' N, Long. 76° 21.436' W.

    (d) Kentmorr. All the waters enclosed by a line beginning at a point on the north side of the entrance to Kentmorr Marina defined by Lat. 38° 54.906' N, Long. 76° 21.970' W then running approximately 173° True to a point on the south side of the entrance to Kentmorr Marina defined by Lat. 38° 54.886' N, Long. 76° 21.968' W.

    (e) Price Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Price Creek defined by Lat. 38° 53.909' N, Long. 76° 21.955' W then running approximately 195° True to a point on the south side of the entrance to Price Creek defined by Lat. 38° 53.892' N, Long. 76° 21.958' W.

    (f) Tolson Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Tolson Creek defined by Lat. 38° 53.111' N, Long. 76° 21.854' W then running approximately 164° True to a point on the south side of the entrance to Tolson Creek defined by Lat. 38° 53.024' N, Long. 76° 21.819' W.

    (g) Carter Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Carter Creek defined by Lat. 38° 52.719' N, Long. 76° 21.854' W then running approximately 190° True to a point on the south side of the entrance to Tolson Creek defined by Lat. 38° 52.650' N, Long. 76° 21.869' W.

    (h) Eastern Bay. All the waters upstream of a line beginning at a point at or near Kent Point defined by Lat. 38° 50.188' N, Long. 76° 22.125' W then running approximately 148° True to a point on the eastern side of Harbor Cove defined by Lat. 38° 46.735' N, Long. 76° 19.395' W.

    (i) Knapps Narrows. All the waters upstream of a line beginning at a point at or near the north side of the entrance to Front Creek defined by Lat. 38° 43.976' N, Long. 76° 20.417' W then running approximately 175° True to a point at or near Amy’s Marsh Point defined by Lat. 38° 43.783' N, Long. 76° 20.387' W then running approximately 181° True to a point at the northwestern tip of Tilghman Island defined by Lat. 38° 43.234' N, Long. 76° 20.398' W.

  (2) Choptank, Little Choptank, and James Island. All the waters upstream of a line beginning at a point at or near Black Walnut Point defined by Lat. 38° 40.234' N, Long. 76° 20.372' W then running approximately 175° True to a point at or near Black Walnut Bar Bell Buoy defined by Lat. 38° 38.302' N, Long. 76° 20.219' W then running approximately 158° True to a point at or near Hills Point defined by Lat. 38° 34.370' N, Long. 76° 18.265' W then running approximately 205° True to a point at or near the northeastern tip of James Island defined by Lat. 38° 31.229' N, Long. 76° 20.129' W then running approximately 207° True to a point on the northern side of a James Island defined by Lat. 38° 30.989' N, Long. 76° 20.296' W then running along the shore to a point on the southern side of a James Island defined by Lat. 38° 30.974' N, Long. 76° 20.294' W then running approximately 176° True to a point defined by Lat. 38° 30.490' N, Long. 76° 20.243' W then running approximately 189° True to a point at the southernmost James Island defined by Lat. 38° 30.241' N, Long. 76° 20.294' W then running approximately 164° True to a point at or near the northeastern tip of Taylor Island on the western side of Oyster Cove defined by Lat. 38° 29.211' N, Long. 76° 19.928' W.

  (3) Punch Island Creek. All the waters upstream of a line beginning at a point on the north side of the entrance to Punch Island Creek defined by Lat. 38° 25.457' N, Long. 76° 17.425' W then running approximately 141° True to a point on the south side of the entrance to Punch Island Creek defined by Lat. 38° 25.142' N, Long. 76° 17.102' W.

  (4) Tar Bay and Barren Island. All the waters upstream of a line beginning at a point at or near the point on Meekins Neck near The Big Broads defined by Lat. 38° 22.512' N, Long. 76° 16.162' W then running approximately 172° True to a point at or near the northern tip of the northern Barren Island defined by Lat. 38° 20.636' N, Long. 76° 15.794' W then running southerly along the western shore of the northern Barren Island to a point at or near the southern tip of the northern Barren Island at the entrance to Great Cove defined by Lat. 38° 19.903' N, Long. 76° 15.569' W then running approximately 83° True to a point at or near the northwestern tip of the southern Barren Island at the entrance to Great Cove defined by Lat. 38° 19.915' N, Long. 76° 15.435' W then running southerly along the western shore to a point at or near the southwestern tip of Barren Island defined by Lat. 38° 19.502' N, Long. 76° 15.385' W then running approximately 125° True to a point at or near Pons Point defined by Lat. 38° 18.482' N, Long. 76° 13.501' W.

  (5) Upper Honga River to Tangier Sound.

    (a) Upper Honga River. All the waters upstream of a line beginning at a point at or near Ferry Point defined by Lat. 38° 17.968' N, Long. 76° 12.445' W then running approximately 155° True to a point at or near the northern tip of Middle Hooper Island defined by Lat. 38° 17.626' N, Long. 76° 12.238' W.

    (b) Richland, Cow, and Thorofare Coves. All the waters enclosed by a line beginning at a point at or near Richland Point defined by Lat. 38° 14.876' N, Long. 76° 10.307' W then running approximately 134° True to a point at or near Cow Point defined by Lat. 38° 14.575' N, Long. 76° 9.914' W then running approximately 124° True to a point at or near Eel Hope Point defined by Lat. 38° 14.107' N, Long. 76° 9.047' W then running approximately 121° True to the point at or near Fishing Point defined by Lat. 38° 14.078' N, Long. 76° 08.976' W.

    (c) Lower Honga River and Hooper Strait. All the waters upstream of a line beginning at a point at or near Billy’s Point defined by Lat. 38° 14.472' N, Long. 76° 7.569' W then running approximately 120° True to a point at or near the Honga River Light Fl. 4 § 16 ft. 4M defined by Lat. 38° 13.993' N, Long. 76° 6.533' W then running approximately 159° True to a point at or near nun Buoy N "2" defined by Lat. 38° 13.240' N, Long. 76° 6.179' W then running approximately 163° True to a point at or near the Navy-maintained tower defined by Lat. 38° 11.690' N, Long. 76° 5.583' W then running approximately 120° True to a point at or near the western tip of Bloodsworth Island at the entrance to Okahanikan Cove defined by Lat. 38° 11.518' N, Long. 76° 5.195' W.

    (d) Pone Cove. All the waters enclosed by a line beginning at a point on the north side of the entrance to Pone Cove defined by Lat. 38° 10.496' N, Long. 76° 4.881' W then running approximately 235° True to a point on the south side of the entrance to Pone Cove defined by Lat. 38° 10.411' N, Long. 76° 05.013' W.

    (e) Pone, Bloodsworth, Adam, Holland, and South Marsh Islands. All the waters upstream of a line beginning at a point at or near the south end of Pone Island defined by Lat. 38° 9.407' N, Long. 76° 5.083' W then running approximately 215° True to a point defined by Lat. 38° 9.136' N, Long. 76° 5.316' W then running approximately 218° True to a point defined by Lat. 38° 9.097' N, Long. 76° 5.354' W then running southerly along the shore to a point defined by Lat. 38° 9.050' N, Long. 76° 5.376' W then running approximately 216° True to a point defined by Lat. 38° 9.005' N, Long. 76° 5.425' W then running southerly along the shore to a point defined by Lat. 38° 8.986' N, Long. 76° 5.341' W then running approximately 153° True to a point at or near the northern tip of Adam Island defined by Lat. 38° 8.858' N, Long. 76° 5.341' W then southerly along the shore to a point at or near the south end of Adam Island defined by Lat. 38° 8.321' N, Long. 76° 5.149' W then running approximately 182° True to a point at or near the north end of Holland Island defined by Lat. 38° 7.453' N, Long. 76° 5.180' W then southerly along the shore to a point at or near the south end of Holland Island defined by Lat. 38° 6.927' N, Long. 76° 5.378' W then running approximately 131° True to a point at or near where the Dorchester County-Somerset County line meets a line running from the south end of Holland Island to a point at or near Sedgy Point on South Marsh Island defined by Lat. 38° 5.781' N, Long. 76° 3.724' W.

    (f) Holland Strait and Northern end of Tangier Sound (Malkus Line). All the waters north of a line beginning at a point at or near where the Dorchester County-Somerset County line meets a line running from the south end of Holland Island to Sedgy Point on South Marsh Island defined by Lat. 38° 5.781' N, Long. 76° 3.724' W then running approximately 21° True to a point at or near Johnson Point defined by Lat. 38° 6.665' N, Long. 76° 3.297' W then running approximately 28° True along the Dorchester County-Somerset County line to a point defined by Lat. 38° 7.508' N, Long. 76° 2.725' W then running approximately 27° True to a point at or near Lower Island Point defined by Lat. 38° 8.845' N, Long. 76° 1.873' W then running approximately 63° True following the Dorchester County-Somerset County line to its junction with county line buoy A defined by Lat. 38° 9.792' N, Long. 75° 59.517' W then running approximately 6° True toward Sharkfin Shoal Light to its junction with a straight line running from range marker AA northeasterly to range marker BB and the Dorchester County-Somerset County line defined by Lat. 38° 11.167' N, Long. 75° 59.338' W then running approximately 50° True to a point where the Dorchester County-Somerset County line meets a line running from point at or near the shore immediately adjacent to the Thomas Tigner house near Haines Point to the southwesterly most point of land on Clay Island defined by Lat. 38° 12.339' N, Long. 75° 57.552' W then running approximately 164° True to a point at or near the shore immediately adjacent to the Thomas Tignor house near Haines Point defined by Lat. 38° 10.771' N, Long. 75° 56.979' W.

  (6) Upper Thorofare. All the waters enclosed by a line beginning at a point at or near the shore at the beginning of the Upper Thorofare jetty defined by Lat. 38° 10.198' N, Long. 75° 56.833' W then running southwesterly to a point at or near the tip of the Upper Thorofare jetty defined by Lat. 38° 10.183' N, Long. 75° 56.864' W then running approximately 219° True to a point at or near the tip of the Lower Thorofare jetty defined by Lat. 38° 10.159' N, Long. 75° 56.890' W then running southerly along the jetty to a point on the shore defined by Lat. 38° 10.119' N, Long. 75° 56.874' W.

  (7) Lower Thorofare. All the waters enclosed by a line beginning at a point at or near the western side of the entrance to Lower Thorofare defined by Lat. 38° 7.646' N, Long. 75° 56.834' W then running approximately 120° True to a point at or near the eastern side of the entrance to Lower Thorofare defined by Lat. 38° 7.606' N, Long. 75° 56.744' W.

  (8) Manokin River to State Line, Except as Provided in §H(8)(t).

    (a) Manokin River. All the waters upstream of a line beginning at a point at or near Pin Point defined by Lat. 38° 6.761' N, Long. 75° 56.568' W then running approximately 130° True to a point on the western side of the small island off of Pin Point defined by Lat. 38° 6.728' N, Long. 75° 56.517' W then running southeasterly along the shore to a point on the southeastern side of the small island off of Pin Point defined by Lat. 38° 6.717' N, Long. 75° 56.492' W then running approximately 126° True to a point offshore of Hazard Point defined by Lat. 38° 4.595' N, Long. 75° 52.736' W then running approximately 57° True to a point at or near Hazard Point defined by Lat. 38° 4.643' N, Long. 75° 52.649' W.

    (b) Hazard Cove. All the waters enclosed by a line beginning at a point at or near Hazard Point defined by Lat. 38° 4.643' N, Long. 75° 52.649' W then running approximately 234° True to a point offshore of Hazard Point then running approximately 164° True to a point on the most westerly point of marsh on Pat Island defined by Lat. 38° 3.665' N, Long. 75° 52.403' W.

    (c) Big Annemessex River. All the waters upstream of a line beginning at a point on the most westerly point of marsh on Pat Island defined by Lat. 38° 3.665' N, Long. 75° 52.403' W then running approximately 156° True to a point at the east entrance of Thru Creek on Lawson’s Marsh defined by Lat. 38° 2.291' N, Long. 75° 51.607' W.

    (d) Little Annemessex River. All the waters upstream of a line beginning at a point at or near Janes Island Point defined by Lat. 37° 58.474' N, Long. 75° 53.875' W then running approximately 162° True to a point at or near Great Point defined by Lat. 37° 57.165' N, Long. 75° 53.344' W.

    (e) Cedar Island Creek. All the waters upstream of a line beginning at a point on the north entrance of Cedar Island Creek defined by Lat. 37° 55.388' N, Long. 75° 53.754' W then running approximately 155° True to a point on the south entrance of Cedar Island Creek defined by Lat. 37° 55.045' N, Long. 75° 53.526' W.

    (f) Fishing Creek/Crooked Creek/Crooked Gut Creek. All the waters upstream of a line beginning at a point at or near Watkins Point defined by Lat. 37° 54.739' N, Long. 75° 52.941' W then running approximately 69° True to a point on the western entrance of Crooked Creek defined by Lat. 37° 55.126' N, Long.75° 51.693' W then running approximately 53° True to a point at or near an island at the mouth of Crooked Creek defined by Lat. 37° 55.184' N, Long. 75° 51.606' W then running approximately 45° True to a point at or near Westward Point defined by Lat. 37° 55.378' N, Long. 75° 51.363' W.

    (g) Broad Creek. All the waters upstream of a line beginning at a point at or near Westward Point defined by Lat. 37° 55.378' N, Long. 75° 51.363' then running approximately 77° True to a point at or near Eastward Point defined by Lat. 37° 55.459' N, Long. 75° 50.921' W.

    (h) Broad Creek Gut. All the waters upstream of a line beginning at a point at or near Eastward Point defined by Lat. 37° 55.459' N, Long. 75° 50.921' W then running approximately 64° True to a point on the eastern entrance to Broad Creek Gut defined by Lat. 37° 55.658' N, Long. 75° 50.412' W.

    (i) Cow Gap Creek. All the waters upstream of a line beginning at a point on the eastern entrance to Broad Creek Gut defined by Lat. 37° 55.658' N, Long. 75° 50.412' W then running approximately 57° True to a point at or near Oystershell Point defined by Lat. 37° 55.868' N, Long. 75° 50.008' W.

    (j) Massey Creek/Little Ware Point Creek. All the waters upstream of line beginning at a point at or near Oystershell Point defined by Lat. 37° 55.868' N, Long. 75° 50.008' W then running approximately 51° True to a point at or near Ware Point defined by Lat. 37° 56.348' N, Long. 75° 49.264' W.

    (k) Ware Point Creek. All the waters upstream of a line beginning at a point at or near Ware Point defined by Lat. 37° 56.348' N, Long. 75° 49.264' W then running approximately 40° True to a point on the eastern entrance to Ware Point Creek defined by Lat. 37° 56.475' N, Long. 75° 49.136' W.

    (l) Unnamed Creek. All the waters enclosed by a line beginning at a point at or north of the eastern entrance to Ware Point Creek defined by Lat. 37° 56.546' N, Long. 75° 49.125' W then running approximately 355° True to a point at or near Long Point defined by Lat. 37° 56.759' N, Long. 75° 49.147' W.

    (m) Ape Hole Creek. All the waters upstream of a line beginning at a point at or near Long Point defined by Lat. 37° 56.759' N, Long. 75° 49.147' W then running approximately 50° True to a point at or near Gap Point defined by Lat. 37° 57.353' N, Long. 75° 48.246' W.

    (n) Gunby Creek. All the waters upstream of a line beginning at a point at the western entrance to Gunby Creek defined by Lat. 37° 58.364' N, Long. 75° 46.864' W then running approximately 92° True to a point at the eastern entrance to Gunby Creek defined by Lat. 37° 58.354' N, Long. 75° 46.404' W.

    (o) East Creek. All the waters upstream of a line beginning at a point at or near East Creek Point defined by Lat. 37° 58.234' N, Long. 75° 44.764' W then running approximately 95° True to a point on the western shore of Richardson Marsh defined by Lat. 37° 58.204' N, Long. 75° 44.328' W.

    (p) Marumsco Creek. All the waters upstream of a line beginning at a point on shore at the western entrance of Marumsco Creek defined by Lat. 37° 58.635' N, Long. 75° 43.351' W then running approximately 89° True to a point on shore at the eastern entrance of Marumsco Creek defined by Lat. 37° 58.638' N, Long. 75° 42.785' W.

    (q) Fair Island Canal. All the waters upstream of a line beginning at a point on the northern entrance to Cliftons Creek defined by Lat. 37° 57.752' N, Long. 75° 39.990' W then running approximately 164° True to a point at the extension of the southwestern entrance of Fair Island Canal defined by Lat. 37° 57.572' N, Long. 75° 39.922' W then running approximately 71° True to a point at the southwest entrance to the canal defined by Lat. 37° 57.641' N, Long. 75° 39.686' W.

    (r) Pocomoke River. All the waters upstream of a line beginning at the northeasterly point on Fair Island on southside of Fair Island Canal defined by Lat. 37° 57.757' N, Long. 75° 39.351' W then running approximately 76° True to a point at the intersection of the Maryland/Virginia border and a line running from the northeasterly point on Fair Island on southside of Fair Island Canal to Bullbegger Point defined by Lat. 37° 57.837' N, Long. 75° 38.914' W.

    (s) Smith Island. All of the waters of Smith Island, Chesapeake Bay, Kedges Straits, and Tangier Sound upstream of a line beginning at a point at or near the intersection of the Maryland/Virginia state line and the eastern (Tangier Sound) shoreline of Smith Island defined by Lat. 37° 57.205' N, Long. 75° 59.750' W then running along the Maryland/Virginia state line to a point at or near the intersection of the Maryland/Virginia state line and the western (Chesapeake Bay) shoreline of Smith Island defined by Lat. 37° 57.211' N, Long. 76° 2.643' W then northerly along the west shore of Smith Island to a point at or near the south side of Sheep Pen Gut at the beginning of the jetty defined by Lat. 37° 58.692' N, Long. 76° 2.754' W then running northwesterly along the jetty to a point at or near the tip of the south jetty at Sheep Pen Gut defined by Lat. 37° 58.774' N, Long. 76° 2.947' W then running approximately 26° True to the tip of the north jetty at Sheep Pen Gut defined by Lat. 37° 58.798' N, Long. 76° 2.932' W then running approximately 79° True along the jetty to a point along the west shore of Smith Island defined by Lat. 37° 58.815' N, Long. 76° 2.825' W then northerly along the shore to a point at or near Chaisey Point at the beginning of the south Big Thorofare/Goose Harbor jetty defined by Lat. 37° 59.791' N, Long. 76° 2.909' W then running approximately 296° True to a point at or near the tip of the south Big Thorofare/Goose Harbor jetty defined by Lat. 37° 59.924' N, Long. 76° 3.279' W then running approximately 0° True to a point at or near the tip of the north Big Thorofare/Goose Harbor jetty defined by Lat. 38° 0.074' N, Long. 76° 3.281' W then running approximately 36° True to a point at or near Channel Point north of Channel Island Gut defined by Lat. 38° 0.624' N, Long. 76° 2.794' W then running northerly along the west shore of Smith Island to a point at or near the tip of the south entrance to Lightning Knot Cove defined by Lat. 38° 1.083' N, Long. 76° 2.818' W then running approximately 0° True to a point at or near the tip of the north entrance to Lightning Knot Cove defined by Lat. 38° 1.156' N, Long. 76° 2.822' W then running northerly along the shore to a point at or near Fog Point defined by Lat. 38° 1.931' N, Long. 76° 2.394' then running easterly along the shore to a point at the western entrance to Fog Point Cove Creek defined by Lat. 38° 2.012' N, Long. 76° 1.859' W then running approximately 67° True to a point at or near the eastern shore at the entrance to Fog Point Creek defined by Lat. 38° 2.047' N, Long. 76° 1.761' W then running northeasterly along the shore to the western side of Bridge Creek at or near Bards Point defined by Lat. 38° 2.151' N, Long. 76° 1.651' W then running approximately 85° True to a point at or near the east shore of Bridge Creek defined by Lat. 38° 2.164' N, Long. 76° 1.432' W then running easterly along the shore to a point at or near Fishing Point on the northwestern side of Back Cove defined by Lat. 38° 2.212' N, Long. 76° 0.461' W then running approximately 136° True to a point on the southwestern side of Back Cove defined by Lat. 38° 1.435' N, Long. 75° 59.507' W then running approximately 100° True to a point north of Terrapin Sand Cove defined by Lat. 38° 1.387' N, Long. 75° 59.164' W then running approximately 118° True to a point at the former location of Terrapin Sands Point defined by Lat. 38° 0.950' N, Long. 75° 58.150' W then running approximately 197° True to a point at or near on the north side of the channel at Big Thorofare defined by Lat. 37° 58.129' N, Long. 75° 59.271' W then running approximately 187° True to a point at or near the south side of Big Thorofare defined by Lat. 37° 57.619' N, Long. 75° 59.353' W then running approximately 214° True to a point along the shore defined by Lat. 37° 57.281' N, Long. 75° 59.646' W then southerly along the shore to the point of beginning defined by Lat. 37° 57.205' N, Long. 75° 59.750' W.

    (t) Exception. Crab pots may be set from April 1st to June 15th, outside of marked channels in Tyler Creek, in the area upstream of a line beginning at a point at or near the intersection of the Maryland/Virginia state line and the west side of Tyler Creek defined by Lat. 37° 57.209' N, Long. 76° 1.061' W then running northerly along the western shore of Tyler Creek past Parks Ditch and Rhodes Point Gut to a point at or near the southside of the Canal defined by Lat. 37° 59.082' N, Long. 76° 1.272' W then running approximately 3° True to a point at or near the north side of The Canal defined by Lat. 37° 59.189' N, Long. 76° 1.266' W then running along the western shore of Tyler Creek to a point defined by Lat. 37° 59.554' N, Long. 76° 1.412' W then running approximately 114° True to a point at or near Easter Point defined by Lat. 37° 59.353' N, Long. 76° 0.846' W then running southerly along the east shore of Tyler Creek to a point at or near the intersection of the Maryland/Virginia state line and the east side of Tyler Creek defined by Lat. 37° 57.208' N, Long. 76° 0.342' W then running along Maryland/Virginia state line to the point of beginning.

I. Atlantic Coastal Bays. Crab pots may not be set in waters designated as having a speed zone in accordance with COMAR 08.18.18.01, 08.18.18.03, 08.18.18.05, and 08.18.18.06.

J. Crab pots may not be set in waters that are less than 4 feet deep at mean low tide except as provided below:

  (1) In Pocomoke Sound, all the waters shoreward of the Maryland-Virginia state line, starting with the junction with a line running from Bullbegger Point westward to the northeasternmost point of land on Fair Island defined by Lat. 37° 57.837' N, Long. 75° 38.914' W, then following the State line in a westerly direction to State line marker “A” defined by Lat. 37° 54.732' N, Long. 75° 48.065' W, thence northwesterly to Ware Point defined by Lat. 37° 56.348' N, Long. 75° 49.264' W.

  (2) In Tangier Sound, all the waters shoreward of a line drawn from the southern tip of Deal Island at Lower Thorofare defined by Lat. 38° 7.619' N, Long. 75° 56.993' W then running approximately 223° to Lower Thorofare entrance Red Nun "2" defined by Lat. 38° 7.363' N, Long. 75° 57.315' W then running approximately 338° to a point offshore of Twiggs Point defined by Lat. 38° 8.099' N, Long. 75° 57.677' W then running approximately 356° to a point at Haines Point Light Fl. 4 § defined by Lat. 38° 10.324' N, Long. 75° 57.871' W then running approximately 105° true to the northernmost tip of Deal Island defined by Lat. 38° 10.119' N, Long. 75° 56.874' W.

  (3) In Tangier Sound, all the waters shoreward of a line drawn from Flatcap Point defined by Lat. 38° 1.981' N, Long. 75° 52.290' W then running approximately 208° true to Janes Island Light Fl. 4 § defined by Lat. 37° 57.803' N, 75° 55.109' W then running approximately 56° true to James Island Point defined by Lat. 37° 58.474' N, Long. 75° 53.875' W.

  (4) All the waters of Tangier Sound, Pungers Cove and Sound Gut west of a line drawn from Muscle Hole Point defined by Lat. 38° 7.617' N, Long. 76° 0.817' W then running approximately 354° true to Sound Point defined by Lat. 38° 4.724' N, Long. 76° 0.403' W on South Marsh Island.

K. In addition to the rivers and channels listed in COMAR 08.02.05.08, a person may not set buoyed fish gear, including crab pots, in the following river or entrance channels:

  (1) Bush River — 100 yards each side of a line from G "29" Qk. Fl. G to G "3" Fl. G 2.5 §;

  (2) Middle River — 100 yards each side of a line from Pooles Island Light to "1" Qk. Fl. G to G "3" Fl. G 4 § and 100 yards each side of a line from R "2" Fl. R 4 § to "1" Qk. Fl. G;

  (3) Bodkin Creek — 100 yards channelward of a line extending northwesterly beginning at Bodkin Point Shoal Buoy 1, at or near Lat. 39°07'54"N., Long. 76°24'36"W., then running approximately 306° True to Bodkin Point Shoal Light 3, at or near Lat. 39°08'10"N., Long. 76°25'03"W., then running approximately 276° True to Bodkin Creek Approach Day Beacon 5, at or near Lat. 39°08'12"N., Long 76°25'28"W., then running approximately 276° True to Bodkin Creek Entrance Light 7, at or near Lat. 39°08'14"N., Long. 76°25'48"W., and 100 yards channelward of a line extending northwesterly beginning at Bodkin Creek Entrance Light 7, at or near Lat. 39°08'14"N., Long. 76°25'48"W., then running approximately 44° True toward Seven Foot Knoll Light, at or near Lat. 39°09'19"N., Long. 76°24'32"W., to the southwestern edge of the Craighill Channel Upper Range (Cutoff Channel), at or near Lat. 39°09'02"N., Long. 76°24'52"W.;

  (4) Gunpowder River — 100 yards each side of a line from G "1" Qk. Fl. G to R "4" Fl. R 4 § to R "6" Fl. R 4 § to R "8" Fl. R 4 § to G "9" Fl. G 4 §;

  (5) Magothy River — 100 yards each side of a line from Baltimore Light to Fl. G 4 § 14 ft. 4M "3";

  (6) Whitehall Creek — 100 yards channelward of a line from Fl. 4 § 12 ft. 4M "2" inside Whitehall Creek to R "2" Fl. 2.5 § Bell;

  (7) Severn River — Channel marked by: C "1", R "2" Fl. 2.5 § Bell, C "3", R N "4", C "5", R N "6";

  (8) Fishing Creek (Anne Arundel County) — 100 yards channelward of a line from Fl. 4 § "3" to Fl. R 2.5 § 15 ft. 4M "2" thence a 100 yard wide channel eastward, (090° True) for a distance of 1/2 nautical mile;

  (9) South River — 200 yards channelward of a line from Thomas Point Light to Fl. 2.5 § 15 ft. 4M "4" and 100 yards each side of a line 1 Qk. Fl. 10 ft. 5M to Fl. R 2.5 § 15 ft. 4M "4";

  (10) West River — 100 yards each side of a line running from "73" Fl. G 4 § to 1 Qk. Fl. 10 ft. 5M, then 200 yards channelward from a line running from 1 Qk. Fl. 10 ft. 5M to Fl. R 2.5 § 15 ft. 4M "2" and G "3";

  (11) Poplar Island — 200 yards channelward of a line from Fl. 4 § 14 ft. 4M "1" in Knapps Narrows Channel to "1" Fl. 4 § 14 ft. 4M;

  (12) Poplar Island Narrows Channel — 200 yards channelward of a line from "1" Fl. 4 § 14 ft. 4M to G "3", R "4", C "5", and R N "8" (closed to potting only from Memorial Day to Labor Day);

  (13) Pocomoke River — 10 yards channelward of a line running from Williams Point, defined by Lat. 37°57.20'N., Long. 75°39.33'W., northward to Fl. "23", defined by Lat. 37°57.88'N., Long. 75°39.05'W.;

  (14) Rock Hall — 100 yards southwesterly of a line from Fl. G 4 § 5M "5" PA Bell to G C "1";

  (15) Sandy Point State Park — Within 100 yards of Qk. Fl. 11 ft. PA at the breakwater entrance;

  (16) Chesapeake Beach — 100 yards north of a line from Fl. G 6 § "3" PA to Fl. G 4 § 4M "1";

  (17) Flag Harbor — Within 100 yards of the stone jetty of Flag Harbor;

  (18) Patuxent River — 35 yards each side of a line extending northeasterly beginning at a point at or near the mouth of the Patuxent River, defined by Lat. 38°18.86'N., Long. 76°24.61'W.; then running approximately 52° True to a point defined by Lat. 38°19.57'N., Long. 76°23.47'W.; then running approximately 51° True to a point defined by Lat. 38°19.98'N., Long. 76°22.82'W.; then running approximately 52° True to a point defined by Lat. 38°20.47'N., Long. 76°22.03'W.;

  (19) St. Clements Bay — St. Patrick Creek — Channel marked by Fl. R 4 § 14 ft. 3M "2" PA westerly to the entrance to St. Patrick Creek R "6";

  (20) St. George Island Straits — Channel marked by GPA "3" northeasterly to the bridge between Straits Point and St. George Island;

  (21) Honga River — Tar Bay — 50 yards channelward of a line from Fishing Creek Bridge westerly to Fl. R 4 § 16 ft. 4M "8", Fl. 4 § 4M "7", Fl. R 4 § 15 ft. 3M "6", Fl. 4 § 5M "5", Fl. R 4 § 15 ft. 3M "4", Fl. 4 § 16 ft. 5M "3", Fl. R 4 § 14 ft. 3M "2", Fl. G 4 § 14 ft. 6M "1";

  (22) Honga River — Middle Hooper Island — 50 yards channelward of a line from Middle Hooper Island Bridge to Fl. G 4 § 15 ft. 3M "1";

  (23) Deal Island — 50 yards channelward of a line from Deal Island Harbor to Fl. R 6 § "6", Fl. G 2.5 § 15 ft. 3M "1";

  (24) Wenona — 50 yards channelward of a line from Wenona Harbor to Qk. Fl. "6" to Fl. R 4 § "4";

  (25) Pocomoke Sound — Broad Creek — 50 yards channelward of a line northerly from Fl. 2.5 § 14 ft. 4M "2", R "4", R "6" into Broad Creek;

  (26) Pocomoke River — 50 yards channelward of a line easterly from Fl. 4 § "1", R N "2", C "3", R N "4", C "5";

  (27) Smith Island — 50 yards channelward of a line easterly from the entrance to Smith Island to R "8", Fl. G 4 § 14 ft. "3", R "2", Fl. 2.5 § 14 ft. "1";

  (28) Isle Of Wight Bay — Eastern Channel, 50 yards channelward of a line southward from day marker "13", C "11", R N "10", G C "9", R N "8", G C "7", R N "6", C "5", C "3", R N "2", C "1", Fl. R 4 § 14 ft. 3M "2", G "1A" to U.S. Route 50 Bridge;

  (29) Isle Of Wight Bay — Western Channel, 50 yards channelward of a line southward from Fl. R 2.5 § "14", R N "12", R N "10", R N "8", R N "6", C "1";

  (30) Isle Of Wight Bay — 100 feet channelward of a line from Ocean Pines Yacht Club easterly to Fl. R 2 § 6 ft. "4", Fl. G 2 § 6 ft. "3", Fl. 2 § 6 ft. "2";

  (31) Sinepuxent Bay — 50 yards channelward of a line southward from C "1", R N "2", C "3", Fl. G 4 § 15 ft. 5M "5", C "5A", R "6", Fl. R 4 § 15 ft. 4M "8", R "10", Fl. G 4 § 4M "11", R "12", Fl. G 4 § 16 ft. 4M "13", R "14", Fl. G 4 § 16 ft. 3M "15", R "16", G "17", Fl. G 4 § 16 ft. 3M "19", R "20", G "21", G "23", Fl. G 4 § 16 ft. 3M "25", G "27", G "27A", R "28", G "29", Fl. G 4 § 16 ft. 4M "31", G "33", R "34", Fl. 4 § 14 ft. 5M "35", G "37", Fl. G 4 § 14 ft. 3M "39";

  (32) Chincoteague Bay — 50 yards channelward of a line from Public Landing Harbor easterly to Fl. G 2.5 § 15 ft. 3M "1";

  (33) Chincoteague Bay — 50 yards channelward of a line from the entrance to Tanhouse Creek easterly to Fl. R 2.5 § 14 ft. 4 M "2";

  (34) Herring Bay — In a channel defined by corner coordinates beginning at the northeast corner at Lat. 38°44'31"N., Long. 76°30'50"W., and then southerly to Lat. 38°44'25"N., Long. 76°30'50"W., and then westerly to Lat. 38°44'22"N., Long. 76°31'47"W., and then northerly to Lat. 38°44'28"N., Long. 76°31'48"W., and then easterly to the point of origin;

  (35) Susquehanna Flats — 100 yards either side of line from Junction Buoy “A” Fl. (2+1) 6 § to G "1" Fl. G 2.5 § to R N "2" to Fl. G "3"; and

  (36) Susquehanna Flats — 200 yards west of a line from Junction Buoy “A” Fl. (2+1) 6 § to R "2" Fl. R 4 §

#### Regulation .08 Egg-Bearing Female Crabs.

*COMAR 08.02.03.08*

A. Except as provided in §B of this regulation, a person may not possess, transport, or pack a female crab from which the egg pouch or bunion has been removed, or an egg-bearing female crab known as the sponge crab.

B. A female crab from which the egg pouch or bunion has been removed, or an egg-bearing female crab known as the sponge crab may be imported into Maryland from another state by a dealer or crab processing plant:

  (1) If accompanied by a bill of sale or bill of lading from the jurisdiction of origin; and

  (2) Only during the time period specified in the public notice issued in accordance with §C of this regulation.

C. Public Notice.

  (1) In consultation with blue crab industry advisory groups, the Department shall issue a public notice to establish a time period of 71 consecutive days when a female crab from which the egg pouch or bunion has been removed, or an egg-bearing female crab known as the sponge crab may be imported into Maryland from another state.

  (2) The import time period may not begin prior to April 10 or end after July 20.

  (3) The public notice shall be published on the Department’s website by April 1 of each year.

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

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

#### Regulation .09 Recreational Crabbing Licenses — Chesapeake Bay and Its Tidal Tributaries.

*COMAR 08.02.03.09*

A. Recreational Crabbing License.

  (1) Except as provided in §E of this regulation, an individual who catches or attempts to catch crabs for recreational purposes in the waters of the Chesapeake Bay and its tidal tributaries shall pay the fee and obtain a recreational crabbing license in order to use the following gear to catch crabs:

    (a) Trotline;

    (b) Collapsible traps or net rings;

    (c) Up to ten eel pots for catching the individual's own bait, which are:

      (i) Clearly labeled with the individual's name;

      (ii) Not placed in a buoy free channel as listed in Regulation .07H of this chapter or COMAR 08.02.05.08F; and

      (iii) Used only for catching eels; and

    (d) Seines.

  (2) The annual fee for a recreational crabbing license to catch or attempt to catch crabs for recreational purposes from the waters of the Chesapeake Bay and its tidal tributaries with the gear specified in §A(1) of this regulation is:

    (a) For a Maryland resident — $5;

    (b) For a Maryland resident, in possession of a Maryland Chesapeake Bay and coastal sport fishing license or a resident consolidated senior sport fishing license — $2;

    (c) For a nonresident — $10.

  (3) An individual who has purchased a recreational crabbing license shall have the license in possession when:

    (a) Engaged in crabbing for recreational purposes with the gear listed under §A(1) of this regulation; or

    (b) In possession of more crabs than provided for in the daily catch limits set forth in Regulation .10A(2)(a), A(3)(a) and (b), and A(4)(a) of this chapter and not on a boat that has been licensed as a recreational crab boat.

B. Recreational Crabbing Boat License.

  (1) A recreational crabbing boat license authorizes an individual to use the following gear to catch or attempt to catch crabs in the licensed boat in the Chesapeake Bay and its tidal tributaries:

    (a) Trotline; and

    (b) Collapsible traps or net rings.

  (2) The annual fee for a recreational crabbing boat license to catch or attempt to catch crabs for recreational purposes from the waters of the Chesapeake Bay and its tidal tributaries with the gear specified in §B(1) of this regulation is $15.

  (3) To the recreational crabbing boat licensee, the Department shall issue:

    (a) A recreational crabbing boat decal; and

    (b) A complimentary recreational crabbing license.

  (4) Except as provided in §B(5) of this regulation, the recreational crabbing boat decal:

    (a) Shall be permanently affixed and displayed on either side of the forward half of the vessel for which issued;

    (b) Is not transferable; and

    (c) Shall, when displayed, exempt all persons aboard from the requirement of possessing an individual license to crab recreationally.

  (5) Exemption for Crabbing Boat Decals. If the crabbing boat decal is not permanently affixed to the vessel, all persons aboard are exempt from the requirement of possessing an individual license to crab recreationally only if:

    (a) The individual who purchased the crabbing boat decal is present on the vessel;

    (b) The individual who purchased the crabbing boat decal is in possession of the proof of purchase issued by the Department; and

    (c) The crabbing boat decal was purchased within the previous 10 calendar days.

C. Complimentary Recreational Crabbing License.

  (1) The Department shall issue a complimentary recreational crabbing license to an individual who purchases a:

    (a) Recreational crabbing boat license; or

    (b) Chesapeake Bay and coastal sport fishing boat license in accordance with Natural Resources Article, §4-745(d)(2), Annotated Code of Maryland.

  (2) The individual issued the complimentary recreational crabbing license has the same restrictions as an individual with a recreational crabbing license.

  (3) The recreational crabbing boat license and the complimentary recreational crabbing license count as a single license for the individual who purchases the recreational crabbing boat license.

D. Private Waterfront Property Crab Pot Registration.

  (1) Only a person who owns or leases private property along the shore of the Chesapeake Bay and its tidal tributaries may obtain a private waterfront property crab pot registration.

  (2) A person who owns or leases private property along the shore of the Chesapeake Bay and its tidal tributaries shall obtain a private waterfront property crab pot registration in order to use a crab pot from the person’s property.

  (3) There is no fee for a private waterfront property crab pot registration.

E. Exceptions. An individual who catches or attempts to catch crabs for recreational purposes in the waters of the Chesapeake Bay and its tidal tributaries is not required to have a recreational crabbing license if the individual:

  (1) Uses any of the following gear:

    (a) A dipnet;

    (b) A handline; or

    (c) Up to two crab pots, if qualified to use crab pots as set forth in Regulation .07D of this chapter;

  (2) Is assisting an individual who has a recreational crabbing license; or

  (3) Is crabbing for recreational purposes from a boat that has been licensed by the Department as a recreational crabbing boat.

F. General.

  (1) A recreational crabbing license, recreational crabbing boat license, or private waterfront property crab pot registration is valid for 365 days following the date of issuance.

  (2) A recreational crabbing license, recreational crabbing boat license, or private waterfront property crab pot registration may be obtained from any authorized agent of the Department.

  (3) The Department may designate a person engaged in a commercial enterprise as an agent to sell recreational crabbing licenses, recreational crabbing boat licenses, or issue private waterfront property crab pot registrations.

  (4) An agent may retain:

    (a) 50 cents for each recreational crabbing license issued by the agent; and

    (b) $1.50 for each recreational crabbing boat license issued by the agent.

#### Regulation .10 Recreational Crabbing Catch and Possession Limits — Chesapeake Bay and its Tidal Tributaries.

*COMAR 08.02.03.10*

A. Daily Catch and Possession Limits.

  (1) An individual exempt from the licensing requirements of Regulation .09 of this chapter is considered an unlicensed individual and may not exceed the catch and possession limits for an unlicensed individual.

  (2) Daily catch and possession limits for individuals harvesting crabs from shore or from crab pots.

  (3) Daily catch and possession boat limits for a vessel without a recreational crabbing boat license.

  (4) Daily catch and possession boat limits for a vessel with a recreational crabbing boat license.

B. Female Hard Crabs and Female Peelers.

  (1) Except as provided in §B(2) of this regulation, an individual may not catch or possess female hard crabs or female peelers.

  (2) Exception.

    (a) Female crabs are accompanied by a bill of sale; and

    (b) Individual is not catching or attempting to catch crabs.

#### Regulation .11 Season and Time for Catching Crabs.

*COMAR 08.02.03.11*

A. Commercial.

  (1) An individual licensed to catch crabs for sale may remove crabs from commercial gear in the Chesapeake Bay and its tidal tributaries only during the following time periods:

    (a) Trotlines:

      (i) Except as provided in §A(1)(a)(iii) of this regulation, between 1 hour before sunrise to 9 hours after sunrise during the period May through September;

      (ii) Between 1/2 hour before sunrise and 9½ hours after sunrise during April, October, November, and December; and

      (iii) Between 2 hours before sunrise to 9 hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays; and

    (b) Crab Scrapes:

      (i) Except as provided in §A(1)(b)(iii) of this regulation, between 1 hour before sunrise to 9 hours after sunrise during the period May through September;

      (ii) Between sunrise and 10 hours after sunrise during April and October; and

      (iii) Between 2 hours before sunrise to 9 hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays; and

    (c) Crab pots, bank traps, channel pounds, collapsible traps, net rings, handlines, dip nets, and pound nets:

      (i) Except as provided in §A(1)(c)(ii) of this regulation, between 1/2 hour before sunrise to 7½ hours after sunrise; and

      (ii) Between 1½ hours before sunrise to 7½ hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays.

  (2) A person may not catch crabs using a crab scrape from October 31 to April 14, inclusive.

  (3) An individual licensed to catch crabs for sale may set or place overboard scrapes only during the following time periods:

    (a) Except as provided in §A(3)(c) of this regulation, between 1 hour before sunrise to 9 hours after sunrise during the period May through September;

    (b) Between sunrise and 10 hours after sunrise during April and October; and

    (c) Between 2 hours before sunrise to 9 hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays.

  (4) Crab Pot Set Times. Crab pots may only be set:

    (a) During the time periods established in §A(1)(c) of this regulation; or

    (b) If already onboard a boat at the end of the time periods established in §A(1)(c) of this regulation, for 1 hour after the end of the time periods established in §A(1)(c) of this regulation.

  (5) Time limits specified in this regulation are not applicable to the fishing of bank traps before May 1.

B. Recreational.

  (1) Except as provided in §B(2) of this regulation, a person may not set any recreational crabbing gear or catch crabs for recreational purposes during:

    (a) May through September between:

      (i) 5 p.m. and 1/2 hour before sunrise in the main Chesapeake Bay; and

      (ii) Sunset and 1/2 hour before sunrise in tidal tributaries of the Chesapeake Bay; and

    (b) April, October, November, and December between:

      (i) 5 p.m. and 1/2 hour after sunrise in the main Chesapeake Bay; and

      (ii) Sunset and 1/2 hour after sunrise in tidal tributaries of the Chesapeake Bay.

  (2) Crab pots, dip nets, and handlines. At all times during the recreational season for crabbing, a person may use:

    (a) Crab pots on private property that have been registered in accordance with Regulation .09 of this chapter;

    (b) Dip nets; or

    (c) Handlines.

C. A person may not catch blue crabs in the Chesapeake Bay and its tidal tributaries from December 16 through March 31, inclusive.

#### Regulation .12 Special Regulations for Crabbing in Worcester County.

*COMAR 08.02.03.12*

A. Structural Requirements of Crab Pots. Notwithstanding Regulation .07A and B of this chapter, a crab pot set in the coastal bays of the Atlantic Ocean and their tidal tributaries shall have one unobstructed 2-5/16 inch cull ring on a side panel of the upper compartment and one 2-5/16 inch cull ring on a panel at the lower compartment of the crab pot. The cull ring is not required in a crab pot constructed with unstretched mesh measuring less than 1½ inches or at least 2 inches on each side.

B. Daily Catch Limits.

  (1) Commercial. The daily catch limit in the coastal bays of the Atlantic Ocean and their tidal tributaries is 25 bushels, 16 lugs, or 10 barrels per commercial boat.

  (2) Recreational. The daily catch limit in the waters of the coastal bays of the Atlantic Ocean and their tidal tributaries is:

    (a) 1 bushel per individual if storing crabs in a bushel;

    (b) 6 dozen crabs per individual if storing crabs in any container other than a bushel;

    (c) 2 bushels per boat if two or more individuals are on the boat and storing crabs in bushels; and

    (d) 12 dozen crabs per boat if two or more individuals are on the boat and storing crabs in any container other than bushels.

C. Seasons for Catching Crabs.

  (1) Commercial. A person licensed to catch crabs for sale may not catch crabs in the coastal bays of the Atlantic Ocean and their tidal tributaries between October 31 and April 1.

  (2) Recreational. A person may not catch crabs for recreational purposes in the coastal bays of the Atlantic Ocean and their tidal tributaries between December 31 and April 1.

D. Commercial Daily Time Restrictions. A person licensed to catch crabs for sale may remove crabs from commercial gear and set or retrieve crab pots in the coastal bays of the Atlantic Ocean and their tidal tributaries only during the following time periods:

  (1) Between sunrise and 8½ hours after sunrise during April and October;

  (2) Except as provided in §D(3) of this regulation, between ½ hour before sunrise to 8 hours after sunrise during the period May through September; and

  (3) Between 1½ hours before sunrise to 8 hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays.

E. Gear Restrictions. A person may not catch crabs in the coastal bays of the Atlantic Ocean and their tidal tributaries by scrape.

F. Landing Provision. Crabs caught in the waters of Worcester County may be landed out of the State.

#### Regulation .13 Commercial Harvest of Crabs from Finfish Gear.

*COMAR 08.02.03.13*

A. Notwithstanding Regulations .01—.07 of this chapter, an individual licensed to harvest both crabs and finfish for commercial purposes may catch crabs from pound nets.

B. The harvest and possession of crabs from a pound net is:

  (1) Prohibited on any day during which a licensee is otherwise prohibited from harvesting crabs as provided in Regulation .14 of this chapter;

  (2) Restricted to the seasons and times provided in Regulations .11 and .12 of this chapter;

  (3) Restricted by the size limits provided in Regulation .14 of this chapter;

  (4) Restricted to a maximum of 2 bushels or 1 lug of male crabs per licensee per day; and

  (5) Restricted to the daily maximum number of female crabs allowed by the individual's license type.

C. Notwithstanding COMAR 08.02.25.04, a licensee may only harvest or possess crabs from a pound net or combination of pound nets registered in the licensee's name.

#### Regulation .14 General.

*COMAR 08.02.03.14*

A. Recreational.

  (1) Except for crab pots from private property, dipnets, or handlines, a person may not set any crabbing gear or catch crabs for recreational purposes on Wednesdays in the Chesapeake Bay and its tidal tributaries.

  (2) When a State or federal holiday falls on a Wednesday or Thursday, recreational crabbing is permitted on the Wednesday of that week.

  (3) An individual may not offer to sell or sell crabs that were caught for recreational purposes.

  (4) An individual may not knowingly buy or offer to buy crabs which were caught for recreational purposes.

  (5) An individual licensed to provide services as a fishing guide or to fish recreationally in the Chesapeake Bay and its tidal tributaries may possess any number of soft crabs or male peeler crabs for the purposes of fishing.

  (6) An individual licensed to catch crabs for commercial purposes:

    (a) May catch crabs for recreational purposes with recreational crabbing gear without paying the fee for recreational crabbing set forth in Regulation .09 of this chapter; and

    (b) Has the same restrictions as an individual with a recreational crabbing license when engaged in recreational crabbing activities.

B. Commercial — General.

  (1) A person licensed to catch crabs for sale may not set or retrieve gear or catch crabs for commercial purposes in the Chesapeake Bay and its tidal tributaries on Sundays and Mondays unless the person:

    (a) Declares intent under §C of this regulation;

    (b) Is granted an alternate day off under §D of this regulation;

    (c) Is operating as a licensee's authorized user on the vessel designated in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; or

    (d) Is assisting as an unlicensed crew member on another licensee's vessel.

  (2) A person who is granted an alternate day off under §D of this regulation may not set or retrieve gear or catch crabs for commercial purposes on the alternate day off.

  (3) A person licensed to catch crabs for commercial purposes, who declares under §C(1) of this regulation, may set or retrieve gear or catch crabs for commercial purposes on a Sunday or Monday of a particular week if:

    (a) A State or federal holiday falls on the Sunday or Monday, or the immediately preceding Saturday; or

    (b) The Sunday or Monday precedes a State or federal holiday that falls on a Tuesday, Wednesday, Thursday, or Friday of the particular week.

  (4) Mature female hard crabs shall be kept in separate bushels, lugs, or barrels from male hard crabs or peeler crabs.

  (5) Mature female hard crabs on board a vessel shall be stored in the same type of containers of similar dimensions.

  (6) Male hard crabs on board a vessel shall be stored in the same type of containers of similar dimensions.

  (7) Except as specified in §F(2) of this regulation, an individual licensed to catch crabs for commercial purposes may not catch or possess in the Chesapeake Bay and its tidal tributaries more than:

    (a) Six mature female hard crabs per container smaller than a barrel of male crabs; or

    (b) 13 mature female hard crabs per barrel of male crabs.

  (8) Beginning in 2010, an individual with a limited crab harvester (LCC) license will be considered as limited crab harvester  frozen license status, as specified in §F(2)(b) of this regulation, if that license is not designated as a:

    (a) Limited crab harvester  active license; or

    (b) Limited crab harvester  male only license.

  (9) The commercial female crab daily catch limit shall be determined by the license type based on the abundance target for spawning age crabs recommended by the Chesapeake Bay Stock Assessment Committee.

  (10) Except as provided in §B(11) of this regulation, an individual licensed to catch crabs for commercial purposes may not harvest or possess more mature female hard crabs daily than the catch limit specified by the individual's license type.

  (11) Except as provided in §B(11) of this regulation, more than two licensees' daily catch limits from 1 day may not be harvested from, carried on, or possessed on a vessel while the licensees are on board.

  (12) An individual may possess and transport crabs harvested from the waters of the Potomac River or Virginia if:

    (a) The individual is not engaged in harvesting crabs in Maryland waters while the crabs harvested in the waters of the Potomac River or Virginia are on board the vessel; and

    (b) The individual is in possession of a Virginia commercial crab harvester license or Potomac River Fisheries Commission commercial license.

  (13) A float used for holding or shedding peelers shall have a base that is a minimum of 16 square feet.

  (14) An individual commercially harvesting crabs aboard a vessel may only have crabs that are commercially harvested on board.

C. Closed Day Declaration of Intent.

  (1) A person licensed to catch crabs for sale and who wishes to set or retrieve gear or catch crabs on one of the required days off in §B(1) of this regulation shall declare that person's intent to set or retrieve gear or catch crabs in the Chesapeake Bay and its tidal tributaries for commercial purposes on one of the required days off as specified in §B(1) of this regulation.

  (2) A person licensed to catch crabs for sale who declares a day off under §C(1) of this regulation shall declare a Sunday or Monday day off only at the time of license renewal or issuance on forms provided by the Department.

D. Alternate Closed Day.

  (1) A person licensed to catch crabs for sale may apply to the Department for an alternate to the closed days specified in §B(1) of this regulation. The Department may grant a licensee's request for an alternate closed day if the licensee demonstrates the:

    (a) Imposition of substantial hardship on the licensee's exercise of religion by observing one of the closed days specified in §B(1) of this regulation; and

    (b) Absence of substantial hardship on the licensee's exercise of religion by observing the alternate closed day requested in the application.

  (2) A licensee who is granted an alternate closed day may set gear and catch crabs on the closed days specified in §B(1) of this regulation.

  (3) A person licensed to catch crabs for sale who declares a day off under §D(1) of this regulation shall declare an alternate day off only at the time of license renewal or issuance on forms provided by the Department.

E. Notwithstanding Natural Resources Article, §4-809, Annotated Code of Maryland, a person may not:

  (1) Catch or possess more than 6 hard crabs per container smaller than a barrel or 13 hard crabs per barrel which measure less than the minimum size specified in these regulations;

  (2) Possess hard crabs imported from another State which:

    (a) Measure less than 5 inches across the shell from tip to tip of the spike;

    (b) Do not comply with the tolerance limits of the jurisdiction of origin;

    (c) Are not accompanied by a bill of sale or bill of lading from the jurisdiction of origin; and

    (d) Were not caught in full compliance with the laws of the jurisdiction of origin;

  (3) From April 1 through July 14, catch or possess a hard crab which measures less than 5 inches across the shell from tip to tip of the spike, from the waters of the Chesapeake Bay and its tidal tributaries, except that the minimum size of crabs does not apply to mature female crabs, identified by the apron;

  (4) After July 14, catch or possess a hard crab which measures less than 5¼ inches across the shell from tip to tip of the spike from the waters of the Chesapeake Bay and its tidal tributaries, except that the minimum size of crabs does not apply to mature female crabs, identified by the apron;

  (5) Catch or possess a hard crab which measures less than 5 inches across the shell from tip to tip of the spike from the waters of Worcester County, except that the minimum size of crabs does not apply to mature female crabs, identified by the apron;

  (6) Except as provided in §E(7) of this regulation, catch or possess more than 10 peeler crabs per bushel or more than 20 per float which are:

    (a) Less than 3-1/4 inches across the shell from tip to tip of the spike during the period from April 1 through July 14; and

    (b) Less than 3-1/2 inches across the shell from tip to tip of the spike during the period from July 15 through December 15;

  (7) Catch or possess more than 10 female peeler crabs per bushel or more than 20 per float which are less than 3½ inches across the shell from tip to tip of the spike in the Chesapeake Bay and its tidal tributaries during the period from April 1, 2015 through December 15, 2015; or

  (8) Catch or possess more than one soft crab per 2 dozen soft crabs which is less than 3½ inches across the shell from tip to tip of the spike.

F. Limited Crab Harvester.

  (1) Latent Effort Limited Crab Harvester License.

    (a) A limited crab harvester (LCC) authorization of a tidal fish license that has no reported crab harvest between January 1, 2004 and December 15, 2008 on reports submitted to the Department by January 30, 2009, shall be determined to be a latent effort limited crab harvester license, except for those licenses specified in §F(1)(b) of this regulation.

    (b) Exceptions to Latent Effort Designation. The following are exceptions to the latent effort designation:

      (i) An LCC authorization received through the apprenticeship program;

      (ii) An LCC authorization received through a permanent license transfer between August 1, 2006 and July 8, 2009;

      (iii) An LCC authorization assigned to an individual who provides appropriate documentation of active military service during the period January 1, 2004 and January 30, 2009;

      (iv) An LCC assigned to an individual who completed a successful female bushel limit hardship appeal in 2008; and

      (v) An LCC assigned to an individual who currently resides and has resided for at least 5 years on an island in the State that is at least 3 miles from the mainland.

  (2) Latent Effort Limited Crab Harvester Status.

    (a) An individual with a license that has been determined to be a latent effort license as described in §F(1) of this regulation is required to have declared their LCC license as a limited crab harvester — male only as described in §F(2)(b) of this regulation.

    (b) An individual with a limited crab harvester license — male only status:

      (i) Shall only harvest male crabs beginning on April 1, 2010;

      (ii) May not harvest females at any time regardless of the blue crab population target level being achieved for 3 consecutive years;

      (iii) Shall renew the license annually in accordance with the schedule and fees designated for a LCC authorization in Natural Resources Article, §4-701, Annotated Code of Maryland; and

      (iv) May apply to the Department for a permanent or temporary transfer of the license through a family, business, or beneficiary transfer as described in Natural Resources Article, §4-701, Annotated Code of Maryland.

    (c) The latent effort license status may not be modified after declaration even if the license has been transferred to a new owner.

    (d) Conditions for using an LCC male only authorization as one of the required authorizations to upgrade to an unlimited tidal fish authorization are described in COMAR 08.02.01.05I.

    (e) Notwithstanding Natural Resources Article, §4-701, Annotated Code of Maryland, any LCC which was previously frozen due to latent license status as described in §F(1) of this regulation will not be required to pay the authorization fee for the 2012 commercial crabbing season.

G. Public Notice.

  (1) The Secretary may establish or modify catch limits or modify seasons for blue crabs in order to implement the Chesapeake Bay Blue Crab Fishery Management Plan 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 a public notice issued under this section through various other media so that an affected person has a 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.

#### Regulation .15 Crabbing Charters.

*COMAR 08.02.03.15*

A. This regulation applies to any trip to catch crabs offered by a tidal fish licensee to an individual or individuals for any form of compensation.

B. Any individual receiving compensation from customers for any trip to catch crabs shall be in possession of the appropriate federal licenses.

C. An individual who, in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, is licensed as a fishing guide, is licensed as a master fishing guide or operates a vessel for a master fishing guide and possesses a valid commercial crabbing authorization:

  (1) May carry customers during a commercial crabbing trip;

  (2) Shall follow all commercial crabbing rules;

  (3) May not count customers as crew members;

  (4) May sell their catch to a seafood dealer or, if licensed as a seafood dealer in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, to a customer;

  (5) Shall report their catch in accordance with COMAR 08.02.13.06; and

  (6) Shall be penalized for any violation of statute or regulation in accordance with COMAR 08.02.13.03

D. Crabbing Charters.

  (1) Definition. In this chapter, “crabbing charter” means any guided trip for the purpose of catching crabs recreationally, offered by an individual who, in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, is licensed as a fishing guide or master fishing guide, or operates a vessel for a master fishing guide.

  (2) Crabbing Charter Decal.

    (a) Prior to operating a crabbing charter, a fishing guide shall obtain a crabbing charter decal.

    (b) Except as provided in §D(2)(c) of this regulation, a decal issued for a crabbing charter:

      (i) Shall be permanently affixed and displayed on either side of the forward half of the vessel for which issued;

      (ii) Is not transferable;

      (iii) Shall, when displayed, exempt all persons aboard from the requirement of possessing an individual license to crab recreationally; and

      (iv) Is valid for the current commercial license year.

    (c) Exemption for Crabbing Charter Decals. If the crabbing charter decal is not permanently affixed to the vessel, all persons aboard are exempt from the requirement of possessing an individual license to crab recreationally only if:

      (i) The individual who purchased the crabbing charter decal is present on the vessel;

      (ii) The individual who purchased the crabbing charter decal is in possession of the proof of purchase issued by the Department; and

      (iii) The crabbing charter decal was purchased within the previous 10 calendar days.

  (3) A crabbing charter:

    (a) May only be offered by an individual  licensed as a fishing guide or a master fishing guide, or who operates a vessel for a master fishing guide in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

    (b) Shall have at least one customer on board;

    (c) May not harvest female hard crabs or female peelers from the Chesapeake Bay and its tidal tributaries; and

    (d) Shall comply with the recreational season, times, size limits, and gear restrictions established in this chapter for a licensed recreational crabber.

  (4) Crabs caught on a crabbing charter may not be sold.

  (5) Catch Limit. A crabbing charter with one or more customers on board may not catch more than two bushels of:

    (a) Male hard crabs and two dozen soft crabs or male peeler crabs from the Chesapeake Bay and its tidal tributaries; or

    (b) Crabs from the Atlantic Ocean and its coastal bays.

  (6) Reporting. Crabs harvested on a crabbing charter shall be reported on forms provided by the Department and in the time specified by the Department.

  (7) Any violation of statute or regulation shall be penalized in accordance with COMAR 08.02.13.08.

### Chapter 04 — Oysters

**Authority:** Natural Resources Article, §§4-215, 4-2A-03, 4-701, 4-1008.1, 4-1009, 4-1009.1, 4-1012, 4-1013, 4-1015, 4-1015.1, 4-1018, 4-1019,4-1019.2, 4-1027, 4-1103, 4-1106, 4-11A-04, 4-11A-05, and 4-11A-12, Annotated Code of Maryland

**Administrative History:** Effective date: July 23, 1975 (2:16 Md. R. 1138)

**Administrative History:** Regulation .01 amended effective November 29, 2010 (37:24 Md. R. 1657); October 7, 2019 (46:20 Md. R. 843)

**Administrative History:** Regulation .01B amended effective October 5, 2020 (47:20 Md. R. 874)

**Administrative History:** Regulation .02 amended effective August 15, 1983 (10:16 Md. R. 1450); June 21, 1993 (20:12 Md. R. 996)

**Administrative History:** Regulation .02 amended as an emergency provision effective September 14, 1998 (25:21 Md. R. 1570); amended permanently effective December 28, 1998 (25:26 Md. R. 1919)

**Administrative History:** Regulation .02 amended effective October 11, 2004 (31:20 Md. R. 1484); August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .02B amended as an emergency provision effective September 14, 1987 (14:20 Md. R. 2138); emergency status expired January 11, 1988

**Administrative History:** Regulation .02B amended as an emergency provision effective September 15, 1988 (15:21 Md. R. 2465)

**Administrative History:** Regulations .02B and .06 amended as an emergency provision effective September 15, 1989 (16:21 Md. R. 2254); emergency status expired March 31, 1990

**Administrative History:** Regulations .02B and .06 amended as an emergency provision effective September 15, 1990 (17:20 Md. R. 2420); emergency status expired March 31, 1991

**Administrative History:** Regulations .02 and .06 amended as an emergency provision effective September 15, 1991 (18:18 Md. R. 2000); emergency status expired March 31, 1992

**Administrative History:** Regulations .02 and .06 amended as an emergency provision effective September 15, 1992 (19:19 Md. R. 1700); emergency status expired March 31, 1993

**Administrative History:** Regulations .02B and .06 amended as an emergency provision effective September 15, 1993 (20:21 Md. R. 1649); emergency status expired March 31, 1994

**Administrative History:** Regulations .02B and .06 amended as an emergency provision effective October 1, 1994 (21:21 Md. R. 1809); emergency status expired April 1, 1995

**Administrative History:** Regulations .02B and .06 amended as an emergency provision effective October 5, 1995 (22:22 Md. R. 1653); Regulation .02B amended as an emergency provision effective February 27, 1996 (23:6 Md. R. 468); emergency status expired March 31, 1996

**Administrative History:** Regulations .02B and .06 amended as an emergency provision effective September 15, 1996 (23:19 Md. R. 1370); emergency status expired March 31, 1997

**Administrative History:** Regulations .02B and .06 amended as an emergency provision effective October 1, 1997 (24:22 Md. R. 1549); emergency status expired April 1, 1998

**Administrative History:** Regulation .02B amended effective April 20, 2009 (36:8 Md. R. 595); October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .02D amended effective July 31, 1995 (22:15 Md. R. 1118)

**Administrative History:** Regulation .02F adopted effective March 17, 1976 (3:6 Md. R. 358)

**Administrative History:** Regulation .03 amended effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted as an emergency provision effective September 14, 1998 (25:21 Md. R. 1570); adopted permanently effective December 28, 1998 (25:26 Md. R. 1919)

**Administrative History:** Regulation .03 amended as an emergency provision effective September 25, 2000 (27:20 Md. R. 1835); emergency status expired September 30, 2000

**Administrative History:** Regulation .03 amended as an emergency provision effective March 31, 2015 (42:8 Md. R. 605); emergency status expired April 30, 2015

**Administrative History:** Regulation .03 amended effective August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .03A amended effective April 20, 2009 (36:8 Md. R. 595); October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .03B amended effective May 29, 1981 (8:11 Md. R. 972)

**Administrative History:** Regulation .03B amended as an emergency provision effective November 1, 2000 (27:20 Md. R. 1835); amended permanently effective December 11, 2000 (27:24 Md. R. 2199)

**Administrative History:** Regulation .03B amended effective October 11, 2004 (31:20 Md. R. 1484)

**Administrative History:** Regulation .03C amended effective November 5, 2007 (34:22 Md. R. 1976); November 13, 2023 (50:22 Md. R. 973)

**Administrative History:** Regulation .03D adopted effective November 5, 2007 (34:22 Md. R. 1976)

**Administrative History:** Regulation .03E adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1143); emergency status expired January 9, 2012

**Administrative History:** Regulation .03E adopted effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .03E amended effective November 13, 2023 (50:22 Md. R. 973)

**Administrative History:** Regulation .03F adopted effective December 22, 2014 (41:25 Md. R. 1477)

**Administrative History:** Regulation .04 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1143); emergency status expired January 9, 2012

**Administrative History:** Regulation .04 amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .04 amended as an emergency provision effective July 19, 2013 (40:16 Md. R. 1338); emergency provision expired December 23, 2013

**Administrative History:** Regulation .04 amended effective December 23, 2013 (40:25 Md. R. 2067); April 1, 2024 (51:6 Md. R. 270)

**Administrative History:** Regulation .04A amended as an emergency provision effective November 17, 1983 (9:26 Md. R. 2579); emergency provision expired March 17, 1984

**Administrative History:** Regulation .04A amended effective August 5, 2024 (51:15 Md. R. 706)

**Administrative History:** Regulation .04A—C amended effective April 25, 1983 (10:8 Md. R. 725)

**Administrative History:** Regulation .05 amended effective March 29, 1982 (9:6 Md. R. 613); December 31, 2018 (45:26 Md. R. 1240)

**Administrative History:** Regulation .05A amended effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .06 amended as an emergency provision effective September 14, 1987 (14:20 Md. R. 2138); emergency provision expired January 11, 1988

**Administrative History:** Regulation .06 amended as an emergency provision effective September 15, 1988 (15:21 Md. R. 2465)

**Administrative History:** Regulation .06 amended as an emergency provision effective September 14, 1998 ((25:21 Md. R. 1570); amended permanently effective December 28, 1998 (25:26 Md. R. 1919)

**Administrative History:** Regulation .06 amended as an emergency provision effective September 25, 2000 (27:20 Md. R. 1835); emergency provision expired September 30, 2000

**Administrative History:** Regulation .06 amended as an emergency provision effective November 1, 2000 (27:20 Md. R. 1835); amended permanently effective December 11, 2000 (27:24 Md. R. 2199)

**Administrative History:** Regulation .06 amended effective November 10, 2003 (30:22 Md. R. 1577); September 6, 2010 (37:18 Md. R. 1213)

**Administrative History:** Regulation .06 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1143); emergency status expired January 9, 2012

**Administrative History:** Regulation .06 amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .06 repealed effective August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .06C amended effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .06D adopted as an emergency provision effective January 20, 1977 (4:4 Md. R. 278); emergency status expired January 30, 1977

**Administrative History:** Regulation .06D adopted effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .07 adopted effective September 3, 1975 (2:20 Md. R. 1300)

**Administrative History:** Regulation .07 amended effective April 14, 1976 (3:3 Md. R. 425); October 12, 2015 (42:20 Md. R. 1263)

**Administrative History:** Regulation .07B amended effective June 30, 1978 (5:13 Md. R. 1042)

**Administrative History:** Regulation .08, Oyster Culling — Commercial, adopted as an emergency provision effective October 10, 1978 (5:21 Md. R. 1584), expired February 28, 1979; March 21, 1979 (6:7 Md. R. 575), expired August 4, 1979; October 4, 1979 (6:21 Md. R. 1705), expired March 31, 1980

**Administrative History:** Regulation .08 adopted effective March 29, 1982 (9:6 Md. R. 613)

**Administrative History:** Regulation .08 amended effective November 29, 2010 (37:24 Md. R. 1657); October 7, 2019 (46:20 Md. R. 843)

**Administrative History:** Regulation .09, Handscraping for Oysters, adopted as an emergency provision effective February 9, 1977 (4:6 Md. R. 503), expired February 23, 1977

**Administrative History:** Regulation .09, Power Assisted Hand Tonging, adopted as an emergency provision effective September 15, 1982 (9:21 Md. R. 2103), expired January 15, 1983

**Administrative History:** Regulation .09, Areas Reserved for Hand Tonging, Exceptions, adopted effective September 12, 1983 (10:18 Md. R. 1607)

**Administrative History:** Regulation .09 amended effective November 29, 2010 (37:24 Md. R. 1657)

**Administrative History:** Regulation .09 amended effective October 1, 2012 (39:19 Md. R. 1236)

**Administrative History:** Regulation .09 repealed and new Regulation .09 adopted effective September 29, 2014 (41:19 Md. R. 1076)

**Administrative History:** Regulation .09T amended effective October 25, 1993 (20:21 Md. R. 1653)

**Administrative History:** Regulation .09X and Y adopted as an emergency provision effective September 15, 1983 (10:20 Md. R. 1780); adopted permanently December 5, 1983 (10:24 Md. R. 2184)

**Administrative History:** Regulation .10, Prolonging the Season for Catching Oysters, adopted as an emergency provision effective March 15, 1977 (4:7 Md. R. 575), March 9, 1978 (5:6 Md. R. 448), October 30, 1978 (5:21 Md. R. 1584), March 6, 1979 (6:6 Md. R. 507), October 29, 1979 (6:21 Md. R. 1705); March 14, 1980 (7:7 Md. R. 704), expired March 26, 1980; March 16, 1981 (8:7 Md. R. 639), expired April 11, 1981; October 31, 1983 (10:23 Md. R. 2060), expired February 28, 1984

**Administrative History:** Regulation .10, Dredging with an Auxiliary Yawl Boat, adopted as an emergency provision effective September 14, 1998 (25:21 Md. R. 1570); adopted permanently effective December 28, 1998 (25:26 Md. R. 1919)

**Administrative History:** Regulation .10 amended as an emergency provision effective November 1, 2000 (27:20 Md. R. 1835); amended permanently effective December 11, 2000 (27:24 Md. R. 2199)

**Administrative History:** Regulation .10A amended effective September 6, 2010 (37:18 Md. R. 1213)

**Administrative History:** Regulation .10A, B amended effective August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .11, Hand Tonging in South River, adopted as an emergency provision effective October 19, 1979 (6:22 Md. R. 1774), expired March 31, 1980

**Administrative History:** Regulation .11, Extending the Tonging Season for Catching Oysters, adopted as an emergency provision effective March 28, 1980 (7:8 Md. R. 769); expired April 5, 1980

**Administrative History:** Regulation .11, General Provisions, adopted as an emergency provision effective September 14, 1998 (25:21 Md. R. 1570); adopted permanently effective December 28, 1998 (25:26 Md. R. 1919)

**Administrative History:** Regulation .11 amended effective September 6, 2010 (37:18 Md. R. 1213); March 28, 2016 (43:6 Md. R. 404); August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .11A, C amended effective December 26, 2022 (49:26 Md. R. 1078)

**Administrative History:** Regulation .11D, E adopted effective October 11, 2004 (31:20 Md. R. 1484)

**Administrative History:** Regulation .11E, G amended effective June 26, 2023 (50:12 Md. R. 475); July 10, 2023 (50:13 Md. R. 511)

**Administrative History:** Regulation .11F amended as an emergency provision effective January 2, 2014 (41:2 Md. R. 88); amended permanently effective March 3, 2014 (41:4 Md. R. 299)

**Administrative History:** Regulation .11G, H adopted effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .11I adopted effective March 24, 2008 (35:6 Md. R. 696)

**Administrative History:** Regulation .12 adopted as an emergency provision effective November 1, 1999 (26:24 Md. R. 1851); emergency status extended at 27:8 Md. R. 794; emergency status expired April 14, 2000

**Administrative History:** Regulation .12 adopted as an emergency provision effective November 8, 2000 (27:24 Md. R. 2197); adopted permanently effective April 16, 2001 (28:7 Md. R. 688)

**Administrative History:** Regulation .12 amended as an emergency provision effective January 27, 2003 (30:4 Md. R. 311); emergency status expired April 15, 2003; adopted permanently effective September 29, 2003 (30:19 Md. R. 1329)

**Administrative History:** Regulation .12 amended effective November 10, 2003 (30:22 Md. R. 1577); October 11, 2004 (31:20 Md. R. 1484); October 23, 2006 (33:21 Md. R. 1674); November 29, 2010 (37:24 Md. R. 1657)

**Administrative History:** Regulation .12 amended effective October 1, 2012 (39:19 Md. R. 1236); November 10, 2014 (41:22 Md. R. 1318)

**Administrative History:** Regulation .12B amended effective October 7, 2019 (46:20 Md. R. 843)

**Administrative History:** Regulation .12C amended effective October 12, 2015 (42:20 Md. R. 1263)

**Administrative History:** Regulation .12D adopted as an emergency provision effective December 15, 2010 (38:2 Md. R. 79); adopted permanently effective March 21, 2011 (38:6 Md. R. 393)

**Administrative History:** Regulation .12D amended as an emergency provision effective January 19, 2012 (39:3 Md. R. 256); amended permanently effective April 2, 2012 (39:6 Md. R. 407)

**Administrative History:** Regulation .12E adopted as an emergency provision effective December 16, 2005 (33:1 Md. R. 33); adopted permanently effective February 27, 2006 (33:4 Md. R. 352)

**Administrative History:** Regulation .12E repealed effective March 24, 2008 (35:6 Md. R. 696)

**Administrative History:** Regulation .13 adopted effective November 10, 2003 (30:22 Md. R. 1577)

**Administrative History:** Regulation .13 repealed and new Regulation .13 adopted effective October 11, 2004 (31:20 Md. R. 1484)

**Administrative History:** Regulation .13 repealed effective September 5, 2022 (49:18 Md. R. 819)

**Administrative History:** Regulation .13B amended effective October 23, 2006 (33:21 Md. R. 1674); August 13, 2007 (34:16 Md. R. 1431); October 6, 2008 (35:20 Md. R. 1773); September 21, 2009 (36:19 Md. R. 1435); September 20, 2010 (37:19 Md. R. 1283)

**Administrative History:** Regulation .13B amended as an emergency provision effective January 20, 2011 (38:4 Md. R. 262); emergency status expired March 31, 2011

**Administrative History:** Regulation .13B amended effective October 3, 2011 (38:20 Md. R. 1201); September 29, 2014 (41:19 Md. R. 1076); January 7, 2016 (42:26 Md. R. 1594)

**Administrative History:** Regulation .14 adopted effective October 11, 2004 (31:20 Md. R. 1484)

**Administrative History:** Regulation .14 amended effective October 7, 2019 (46:20 Md. R. 843)

**Administrative History:** Regulation .14 repealed effective September 5, 2022 (49:18 Md. R. 819)

**Administrative History:** Regulation .15 adopted effective October 23, 2006 (33:21 Md. R. 1674)

**Administrative History:** Regulation .15 repealed and new Regulation .15 adopted effective September 6, 2010 (37:18 Md. R. 1213)

**Administrative History:** Regulation .15B amended effective August 13, 2007 (34:16 Md. R. 1431); January 29, 2018 (45:2 Md. R. 68)

**Administrative History:** Regulation .15C amended as an emergency provision effective July 20, 2011 (38:17 Md. R. 1011); amended permanently effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .15C amended effective December 23, 2013 (40:25 Md. R. 2067); February 15, 2016 (43:3 Md. R. 271)

**Administrative History:** Regulation .15D, F, I amended effective September 21, 2009 (36:19 Md. R. 1435)

**Administrative History:** Regulation .15F, G amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2153)

**Administrative History:** Regulation .15F, G amended effective March 24, 2008 (35:6 Md. R. 696)

**Administrative History:** Regulation .16 adopted effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .16 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1143); emergency status expired January 9, 2012

**Administrative History:** Regulation .16 amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .16E adopted effective February 22, 2010 (37:4 Md. R. 338)

**Administrative History:** Regulation .16 repealed effective November 13, 2023 (50:22 Md. R. 973)

**Administrative History:** Regulation .17 adopted effective September 6, 2010 (37:18 Md. R. 1213)

**Administrative History:** Regulation .17A amended as an emergency provision effective January 20, 2011 (38:4 Md. R. 262); amended permanently effective April 4, 2011 (37:8 Md. R 429)

**Administrative History:** Regulation .17A amended as an emergency provision effective October 10, 2011 (38:23 Md. R 1416); amended permanently effective March 19, 2012 (39:5 Md. R. 381)

**Administrative History:** Regulation .17A amended effective October 1, 2012 (39:19 Md. R. 1236); January 29, 2018 (45:2 Md. R. 68); February 11, 2019 (46:3 Md. R. 106); March 23, 2020 (47:6 Md. R. 340); October 30, 2023 (50:21 Md. R. 951); March 2, 2026 (53:4 Md. R. 183)

**Administrative History:** Regulation .17B amended effective January 29, 2018 (45:2 Md. R. 68)

#### Regulation .01 Patent Tong Areas.

*COMAR 08.02.04.01*

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.

  (2) Patuxent River, except as provided in §B(6) of this regulation.

  (3) Tributaries of the Potomac River.

  (4) South River in Anne Arundel County north and west of a straight line drawn between Thomas Point defined by Lat. 38°54.440’ N, Long. 76°27.610’ W and Saunders Point defined by Lat. 38°53.190’ N, Long. 76°29.440’ W.

  (5) Chesapeake Bay. All of the waters of the Chesapeake Bay enclosed by a line beginning at a point on the shore at Richland Point defined by Lat. 38°14.846’ N, Long. 76°10.332’ W; then running 315° True to a point on the shore at the south end of Barren Island, defined by Lat. 38°19.460’ N, Long. 76°15.430’ W; then running 112° True to a point defined by Lat. 38°18.424’ N, Long. 76°13.400’ W; then running southeasterly along the shore to a point near the north end of the Narrows Ferry Bridge, defined by Lat. 38°17.917’ N, Long. 76°12.389’ W; then running 155° True to a point near the south end of the Narrows Ferry Bridge, defined by Lat. 38°17.676’ N, Long. 76°12.250’ W; then running southeasterly along the shore to the point of beginning.

B. Exceptions. A person may catch oysters by patent tong in the areas listed in this section.

  (1) Natural Oyster Bar 5-2: All of the waters enclosed by a line beginning at a point defined by Lat. 39°6.272’ N, Long. 76°17.175’ W; then running 335° True to a point defined by Lat. 39°6.765’ N, Long. 76°17.464’ W; then running 63° True to a point defined by Lat. 39°6.861’ N, Long. 76°17.222’ W; then running 143° True to a point defined by Lat. 39°6.575’ N, Long. 76°16.944’ W; then running 211° True to the point of beginning.

  (2) Natural Oyster Bar 2-9: All of the waters enclosed by a line beginning at a point defined by Lat. 39°7.507’ N, Long. 76°18.981’ W; then running 0° True to a point defined by Lat. 39°8.857’ N, Long. 76°18.981’ W; then running 38° True to a point defined by Lat. 39°11.002’ N, Long. 76°16.858’ W; then running 62° True to a point defined by Lat. 39°11.665’ N, Long. 76°15.225’ W; then running southwesterly along shore excluding all creeks and coves less than 300 feet in width to a point defined by Lat. 39°10.830’ N, Long. 76°16.017’ W; then running 240° True to a point defined by Lat. 39°10.508’ N, Long. 76°16.732’ W; then running 195° True to a point defined by Lat. 39°8.416’ N, Long. 76°17.469’ W; then running 168° True to a point defined by Lat. 39°7.602’ N, Long. 76°17.245’ W; then running 259° True to a point defined by Lat. 39°7.507’ N, Long. 76°17.858’ W; then running 270° True to the point of beginning.

  (3) Natural Oyster Bar 2-10: All of the waters enclosed by a line beginning at a point defined by Lat. 39°7.508’ N, Long. 76°15.842’ W; then running 349° True to a point defined by Lat. 39°7.736’ N, Long. 76°15.899’ W; then running 85° True to a point defined by Lat. 39°7.793’ N, Long. 76°14.979’ W; then running 180° True to a point defined by Lat. 39°7.503’ N, Long. 76°14.982’ W; then running 270° True to the point of beginning.

  (4) Natural Oyster Bar 5-1: All of the waters enclosed by a line beginning at a point defined by Lat. 39°7.349’ N, Long. 76°18.981’ W; then running 0° True to a point defined by Lat. 39°7.507’ N, Long. 76°18.981’ W; then running 90° True to a point defined by Lat. 39°7.507’ N, Long. 76°17.858’ W; then running 260° True to the point of beginning.

  (5) All of the waters of Eastern Bay south and west of a line beginning at a point defined by Lat. 38°49.904’ N, Long. 76°20.384’ W; then running 48° True to a point defined by Lat. 38°50.871’ N, Long. 76°19.031’ W; then running 115° True to a point defined by Lat. 38°50.746’ N, Long. 76°18.686’ W; then running 233° True to a point defined by Lat. 38°50.574’ N, Long. 76°18.978’ W; then running 201° True to a point defined by Lat. 38°48.693’ N, Long. 76°19.884’ W; then running 90° True to a point on shore, defined by Lat. 38°48.686’ N, Long. 76°18.54’ W; then running southerly along the shore to Lowes Point defined by Lat. 38°46.416’ N, Long. 76°20.02’ W; then running 323° True to a point defined by Lat. 38°47.861’ N, Long. 76°21.394’ W; then running 210° True to a point on Poplar Island defined by Lat. 38°46.553’ N, Long. 76°22.342’ W.

  (6) Patuxent River. All of the waters of the Patuxent River enclosed by a line beginning at a point on the shore at Hog Point defined by Lat. 38°18.586' N, Long. 76°23.993' W; then running westerly along the shore to a point on the shore at Fishing Point defined by Lat. 38°18.285' N, Long. 76°25.355' W; then running 345° True to a point defined by Lat. 38°18.525' N, Long. 76°25.434' W; then running 251° True to a point defined by Lat. 38°18.271' N, Long. 76°26.356' W; then running 196° True to a point on the shore, defined by Lat. 38°17.503' N, Long. 76°26.640' W; then running northwesterly along the shore to a point on shore at Sotterly Wharf, defined by Lat. 38°22.728' N, Long. 76°32.003' W; then running 77° True to a point near St Leonard’s Creek Beacon, defined by Lat. 38°23.065' N, Long. 76°30.177' W; then running 77° True to a point on the shore, defined by Lat. 38°23.128' N, Long. 76°29.826' W; then running southeasterly along the shore to a point defined by Lat. 38°20.631' N, Long. 76°28.241' W; then running 282° True to a point defined by Lat. 38°20.638' N, Long. 76°28.287' W; then running 213° True to a point defined by Lat. 38°20.008' N, Long. 76°28.815' W; then running 132° True to a point on the shore, defined by Lat. 38°19.983' N, Long. 76°28.780' W; then running southeasterly along the shore to a point at the south entrance of Solomon’s Harbor, defined by Lat. 38°19.263' N, Long. 76°27.103' W; then running 7° True to a point at the north entrance of Solomon’s Harbor, defined by Lat. 38°19.370' N, Long. 76°27.087' W; then running easterly along the shore to Drum Point defined by Lat. 38°19.143' N, Long. 76°25.266' W; then running 119° True to the point of beginning, excluding the waters of Neal Addition Sanctuary which is defined as: All of the waters of the area enclosed by a line beginning at a point defined by Lat. 38°22.480' N, Long. 76°31.460' W; then running approximately 307° True to a point defined by Lat. 38°22.552' N, Long. 76°31.580' W; then running approximately 28° True to a point defined by Lat. 38°22.612' N, Long. 76°31.540' W; then running approximately 127° True to a point defined by Lat. 38°22.540' N, Long. 76°31.420' W; then running approximately 208° True to the point of beginning.

#### Regulation .02 Recreational Oyster Fishery.

*COMAR 08.02.04.02*

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.

#### Regulation .03 Catching Oysters for Commercial Purposes.

*COMAR 08.02.04.03*

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.

B. Lawful Methods. A person may catch oysters for commercial purposes only by shaft tong, patent tong, diving apparatus, dredge boat, dredge boat propelled by means of an auxiliary yawl boat, or power dredge.

C. Times for Catching.

  (1) During an open season in November and December, a person may catch oysters for commercial purposes only from:

    (a) Sunrise until sunset when using shaft tong, patent tong, diving apparatus, dredge boat, or dredge boat propelled by means of an auxiliary yawl boat; and

    (b) Sunrise until 3 p.m. when using a power dredge.

  (2) Except as described in §C(1) of this regulation, during an open season a person may catch oysters for commercial purposes only from:

    (a) Sunrise until 3 p.m. when using shaft tong, patent tong, dredge boat, diving apparatus, or power dredge; and

    (b) Sunrise until sunset when using a dredge boat propelled by means of an auxiliary yawl boat.

  (3) An individual who harvests oysters for commercial purposes shall deliver oysters:

    (a) 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

    (b) Not later than 9 p.m. on the same day of harvest.

D. A person may not land or possess oysters on a vessel more than 2 hours after sunset or anytime before sunrise.

E. An individual shall notify the Natural Resources Police when there is an emergency which would prevent compliance with the times specified in §§C and D of this regulation.

F. Oysters may only be sold in accordance with COMAR 08.02.08.02.

G. In addition to the requirements of this chapter, a commercial licensee shall harvest oysters in accordance with the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A.

#### Regulation .04 Oyster Container and Tagging Requirements.

*COMAR 08.02.04.04*

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;

    (b) Rectangular shaped container that does not exceed the following inside dimensions:

      (i) 12-5/8 inches width across the top;

      (ii) 12 inches width across the bottom;

      (iii) 20 inches in length; and

      (iv) 11-1/4 inches height;

    (c) Round container that does not exceed the following inside dimensions:

      (i) 16-1/2 inches top diameter;

      (ii) 13-1/2 inches bottom diameter; and

      (iii) 14-1/4 inches height; or

    (d) Container with dimensions approved in writing by the Department which shall have a volume that is comparable to the containers described in §A(1)(a)—(c) of this regulation, and, upon request, the Department's letter approving the container shall be displayed to any Natural Resources Police officer.

  (2) A container described in §A(1) of this regulation shall be:

    (a) Made of a rigid, open mesh;

    (b) Made of smooth, impervious, corrosion-resistant, and non-toxic materials which will not readily disintegrate or crack;

    (c) Constructed so that it may be easily cleaned and kept in good repair; and

    (d) Constructed to allow either one side or one end to be opened to unload or inspect the oysters.

  (3) Oysters stored in accordance with §A(1) of this regulation may not extend beyond the top of the container.

  (4) Oysters stored in accordance with §A of this regulation shall remain in the original container until a tag is no longer required on the container in accordance with §D(1)(d) of this regulation.

  (5) Oysters on board a skipjack harvested in accordance with Natural Resources Article, §4-1013, Annotated Code of Maryland, from:

    (a) Only one bar are exempt from §A(1)—(3) of this regulation; or

    (b) More than one bar may have oysters from one bar not in containers and all other oysters from different bars shall follow the container requirements of §A(1)—(4) of this regulation.

B. Tagging of Individual Containers.

  (1) Except as provided in §B(3) of this regulation, an individual storing oysters in accordance with §A(1)—(3) of this regulation shall complete and affix a Department-issued tag to each container of oysters prior to leaving the bar from which the oysters were harvested.

  (2) Except as provided in §B(3) of this regulation, an individual storing oysters in accordance with §A(5) of this regulation shall complete one Department-issued tag for the group of oysters not in containers and affix a Department-issued tag to each container of oysters prior to leaving the bar from which the oysters were harvested.

  (3) An individual storing oysters in accordance with §A(1)—(3) or (5) of this regulation may use a tag not supplied by the Department if:

    (a) The individual:

      (i) 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) Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; or

    (b) Each tag the individual uses contains the statement “Wild Shellfish”, the state in which the harvest occurred, and, in the order specified, the following information:

      (i) The harvester’s license number as assigned by the Department;

      (ii) The date of harvest, including the year;

      (iii) The bar name;

      (iv) The name of the region or the National Oceanic and Atmospheric Administration code for the area in which the harvest occurred;

      (v) The type and quantity of shellfish; and

      (vi) The statement “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS” in bold capitalized type.

C. Bulk Tagging.

  (1) Definitions.

    (a) In this regulation, the following terms have the meaning indicated.

    (b) “Bulk tag” means a tag that provides the necessary information as required by the National Shellfish Sanitation Program Model Ordinance for a single lot of oysters.

    (c) “Single lot” means oysters coming from a single oyster bar, harvested during a single trip on a single day by a single harvester.

  (2) Except as provided in §C(3) of this regulation, an individual storing oysters in accordance with §A(1)—(3) of this regulation may complete and affix a Department-issued bulk tag to a single container of oysters prior to leaving the bar from which the oysters were harvested.

  (3) An individual storing oysters in accordance with §A(1)—(3) or (5) of this regulation may use a bulk tag not supplied by the Department if:

    (a) The individual:

      (i) 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) Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; or

    (b) Each tag the individual uses contains the statement “Wild Shellfish”, the state in which the harvest occurred, and, in the order specified, the following information:

      (i) The harvester’s license number as assigned by the Department;

      (ii) The date of harvest, including the year;

      (iii) The bar name;

      (iv) The name of the region or the National Oceanic and Atmospheric Administration code for the area in which the harvest occurred;

      (v) The type of shellfish;

      (vi) The statement “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS” in bold capitalized type;

      (vii) The following statement in bold capitalized letters: “ALL SHELLFISH CONTAINERS IN THIS LOT HAVE THE SAME HARVEST DATE AND ARE FROM A SINGLE AREA OF HARVEST”; and

      (viii) The number of individual containers in the lot.

  (4) If one licensee is present on the vessel, only one bulk tag may be used.

  (5) If a bulk tag is used, the vessel may only harvest from one bar on that day.

D. Tagging Provisions for Both Tagging of Individual Containers and Bulk Tags.

  (1) Tags:

    (a) Shall be durable and waterproof;

    (b) Shall be at least 5-1/2 x 2-3/4 inches in size;

    (c) Shall be completed legibly in indelible ink;

    (d) Shall stay affixed to the container until the container is in the possession of 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

    (e) May not be reused.

  (2) In addition to the tagging requirements of this regulation, 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 shall follow the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01.

  (3) An individual shall only possess one type of tag, wild shellfish or farm-raised shellfish, while harvesting oysters.

  (4) Only one type of tag, individual or bulk, may be present on a vessel while harvesting oysters.

  (5) An individual may not use a farm-raised shellfish tag to tag wild shellfish.

  (6) An individual may not use a wild shellfish tag to tag farm-raised shellfish.

  (7) If a tidal fish licensee obtains tags from the Department, the licensee shall be assessed an annual surcharge for the costs incurred by the Department for the tags.

E. Exemptions.

  (1) Oysters harvested for recreational purposes and not for sale are exempt from the requirements of §§A — D of this regulation.

  (2) Oysters harvested from a lease and stored and tagged in accordance with COMAR 08.02.23 are exempt from the requirements of §§A — D of this regulation.

#### Regulation .05 Use of Diving Apparatus to Catch Oysters Commercially.

*COMAR 08.02.04.05*

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.

B. Distances Required. A person may not conduct a shellfish harvesting operation within 50 feet of a vessel involved in a diving operation.

C. Power assisted lifting devices including, but not limited to, hydraulic winders or motor driven windlasses may be used subject to the following conditions:

  (1) The total length of cable or rope on the winding apparatus may not exceed 100 feet; or

  (2) The container used when lifting the oysters from the bottom to the vessel shall be rigged with a self-closing lid that is automatically held in the closed position by the pressure of the retrieval line while the container is being retrieved.

#### Regulation .06 Daily Catch Limit — Repealed.

*COMAR 08.02.04.06*

#### Regulation .07 Election of Committees of Oystermen.

*COMAR 08.02.04.07*

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.

C. If a county has less than five licensed oyster harvesters who are eligible to be a committee representative, then all of the eligible licensed oyster harvesters of that county shall constitute the respective committee.

#### Regulation .08 Dredge Boat Areas.

*COMAR 08.02.04.08*

A. Except as listed in §B of this regulation a person may catch oysters by a dredge boat, as defined in Natural Resources Article, §4-1001(g), Annotated Code of Maryland, only in the following waters:

  (1) All of the waters of Hoopers Straits enclosed by a line beginning at a point defined by Lat. 38°11.923’ N, Long. 76°5.674’ W; then running 309° True to a point defined by the shore of Richland Point defined by Lat. 38°14.846’ N, Long. 76°10.332’ W; then running easterly along the shore of Lower Hoopers Island to a point defined by Lat. 38°13.968’ N, Long. 76°7.871’ W; then running 92° True to a point defined by Lat. 38°13.93’ N, Long. 76°6.66’ W; then running 150° True to a point defined by Lat. 38°13.203’ N, Long. 76°6.122’ W; then running 165° True to the point of beginning;

  (2) All of the waters of the Honga River enclosed by a line beginning at a point defined by Lat. 38°14.877’ N, Long. 76°6.956’ W; then running 305° True to a point defined by Lat. 38°14.974’ N, Long. 76°7.134’ W; then running 35° True to a point on the shore at Crab Point defined by Lat. 38°15.77’ N, Long. 76°6.439’ W; then running southerly along the shore to a point defined by Lat. 38°15.25’ N, Long. 76°6.052’ W; then running 242° True to the point of beginning;

  (3) All of the waters of Dorchester and Talbot Counties enclosed by a line beginning at a point defined by Lat. 38°41.359’ N, Long. 76°19.302’ W; then running 107° True to a point at Benoni (Choptank River) Lighthouse, defined by Lat. 38°39.344’ N, Long. 76°11.069’ W; then running 123° True to a point at Chlora Point defined by Lat. 38°38.222’ N, Long. 76°8.829’ W; then running easterly along the shore to a point on the west side of La Trappe Creek, defined by Lat. 38°37.695’ N, Long. 76°7.323’ W; then running 106° True to a point on the east side of La Trappe Creek, defined by Lat. 38°37.62’ N, Long. 76°6.997’ W; then running southerly along the shore to a point at the south end of Howell Point defined by Lat. 38°36.675’ N, Long. 76°6.646’ W; then running 254° True to a point defined by Lat. 38°36.479’ N, Long. 76°7.652’ W; then running 308° True to a point defined by Lat. 38°36.557’ N, Long. 76°7.780’ W; then running 250° True to a point defined by Lat. 38° 36.507’ N, Long. 76° 7.92’ W; then running 320° True to a point defined by Lat. 38°36.534’ N, Long. 76°7.949’ W; then running 333° True to a point defined by Lat. 38°36.671’ N, Long. 76°8.039’ W; then running 349° True to a point defined by Lat. 38°36.846’ N, Long. 76°8.08’ W; then running 360° True to a point defined by Lat. 38°37.26’ N, Long. 76°8.084’ W; then running 356° True to a point defined by Lat. 38°37.496’ N, Long. 76°8.108’ W; then running 345° True to a point defined by Lat. 38°37.81’ N, Long. 76°8.212’ W; then running 308° True to a point defined by Lat. 38°37.866’ N, Long. 76°8.302’ W; then running 286° True to a point defined by Lat. 38°37.89’ N, Long. 76°8.408’ W; then running 272° True to a point defined by Lat. 38°37.898’ N, Long. 76°8.684’ W; then running 267° True to a point defined by Lat. 38°37.884’ N, Long. 76°9.023’ W; then running 283° True to a point defined by Lat. 38°37.933’ N, Long. 76°9.296’ W; then running 302° True to a point defined by Lat. 38°38.095’ N, Long. 76°9.631’ W; then running 314° True to a point defined by Lat. 38°38.536’ N, Long. 76°10.221’ W; then running 303° True to a point defined by Lat. 38°38.68’ N, Long. 76°10.498’ W; then running 288° True to a point defined by Lat. 38°38.789’ N, Long. 76°10.919’ W; then running 271° True to a point defined by Lat. 38°38.79’ N, Long. 76°11.095’ W; then running 240° True to a point defined by Lat. 38°38.732’ N, Long. 76°11.226’ W; then running 251° True to a point defined by Lat. 38°38.576’ N, Long. 76°11.793’ W; then running 264° True to a point defined by Lat. 38°38.518’ N, Long. 76°12.494’ W; then running 278° True to a point defined by Lat. 38°38.562’ N, Long. 76°12.874’ W; then running 292° True to a point defined by Lat. 38°38.664’ N, Long. 76°13.197’ W; then running 218° True to a point on the shore at Todds Point defined by Lat. 38°37.683’ N, Long. 76°14.168’ W; then running 267° True to a point on the shore at Cooks Point defined by Lat. 38°37.581’ N, Long. 76°17.109’ W; then running southerly along the shore to a point defined by Lat. 38°37.453’ N, Long. 76°17.045’ W; then running 120° True to a point on the shore, defined by Lat. 38°37.426’ N, Long. 76°16.984’ W; then running southerly and westerly along the shore of Trippe Bay and Brannock Bay to a point at Hills Point defined by Lat. 38°34.358’ N, Long. 76°18.292’ W; then running 206° True to a point on shore at the north end of James Island, defined by Lat. 38°31.387’ N, Long. 76°20.14’ W; then running 345° True to Sharps Island Lighthouse, defined by Lat. 38°38.345’ N, Long. 76°22.541’ W; then running 42° True to a point on shore at Blackwalnut Point defined by Lat. 38°40.239’ N, Long. 76°20.373’ W; then running northeasterly along the shore of Tilghman Island to a point defined by Lat. 38°41.366’ N, Long. 76°19.333’ W; then running 107° True to the point of beginning, excluding the area defined as Cook Point Sanctuary in Regulation .15A of this chapter;

  (4) All the waters of Somerset County except as provided in §B(1)—(5) of this regulation.

  (5) Talbot County. All of the waters bayward of a line beginning at Kent Point, defined by Lat. 38°50.180’ N, Long. 76°22.100’ W; then running approximately 102° True to a point defined by Lat. 38°49.904’ N, Long. 76°20.384’ W; then running approximately 48° True to a point defined by Lat. 38°50.871’ N, Long. 76°19.031’ W; then running approximately 115° True to a point defined by Lat. 38°50.564’ N, Long. 76°18.203’ W; then running approximately 163° True to a point defined by Lat. 38°49.702’ N, Long. 76°17.865’ W; then running southwesterly along the shore to a point defined by Lat. 38°46.416’ N, Long. 76°20.020’ W; then running approximately 323° True to a point defined by Lat. 38°47.861’ N, Long. 76°21.394’ W; then running approximately 210° True to a point defined by Lat. 38°46.553’ N, Long. 76°22.342’ W.

  (6) Chesapeake Bay. All of the waters of the Chesapeake Bay mainstem as defined by COMAR 08.02.01.06B(1), except as provided in §B(6) of this regulation.

B. Exceptions. A person may not catch oysters by dredge boat in the areas listed in this section.

  (1) Pocomoke Sound, as defined by COMAR 08.02.01.06B(5).

  (2) Wicomico River. All of the waters of the Wicomico River easterly of a straight line drawn from a point defined by Lat. 38°10.767’ N, Long. 75°57.004’ W; then running 343° True to a point defined by Lat. 38°12.311’ N, Long. 75°57.587’ W.

  (3) Manokin River. All of the waters of the Manokin River landward or upstream of a straight line beginning at a point on Little Deals Island, defined by Lat. 38°6.750’ N, Long. 75°56.552’ W; then running 126° True to Hazard Point on the mainland, defined by Lat. 38°4.571’ N, Long. 75°52.694’ W.

  (4) Big Annemessex River. All of the waters of the Big Annemessex River easterly of a straight line beginning at a point defined by Lat. 38°2.303’ N, Long. 75°51.610’ W; then running 334° True to a point defined by Lat. 38°3.648’ N, Long. 75°52.422’ W.

  (5) Tangier Sound. All of the waters east of Smith Island south and west of a line drawn in an easterly course from Terrapin Sands Point on the west side of Tangier Sound, defined by Lat. 38°0.247' N, Long. 75°58.181' W; then running 94° True to the channel, to a point defined by Lat. 38° 0.008' N, Long. 75° 54.977' W; and then running 200° True following the channel in a southerly direction to a point defined by Lat. 37°57.845' N, Long. 75°55.770' W; then running 190° following the channel to the Virginia Line, to a point defined by Lat. 37°54.453' N, Long. 75°56.413' W.

  (6) Chesapeake Bay. All areas described in Natural Resources Article, §4-1012(a), Annotated Code of Maryland.

#### Regulation .09 Areas Reserved for Hand Tonging, Exceptions.

*COMAR 08.02.04.09*

Except in areas established as oyster sanctuaries in Regulation .15A of this chapter or power dredge areas in Regulation .12B of this chapter, oysters may be taken only by hand tongs in the following areas, except that scooping, dredging, or scraping by hand may be permitted by the Department in certain areas reserved for hand tonging when watermen are denied access to oyster taking because of icing conditions.

A. Wicomico River, Charles and St. Mary's Counties: All the waters north of a line beginning at the southern tip of Cobb Island, defined by Lat. 38°15.307’ N, Long. 76°50.532’ W; then running 46° True to a point defined by Lat. 38° 16.193'  N, Long. 76° 49.359' W, then running 22° True to a point defined by, Lat. 38° 16.272' N, Long. 76° 49.318' W, then running 18° True to a point defined by, Lat. 38° 16.645' N, Long. 76° 49.164' W, then running 41° True to a point defined by, Lat. 38° 16.943' N, Long. 76° 48.839' W, then running 104° True to a point at or near the shore southeast of Bushwood Wharf defined by, Lat. 38° 16.800'  N, Long. 76° 48.128' W.

B. Breton Bay and St. Clement Bay: All the waters northerly of a line beginning at or near Huggins Point, defined by Lat. 38°13.988’ N, Long. 76°41.137’ W; then running 236° True to a point defined by Lat. 38°13.103’ N, Long. 76°42.810’ W; then running 336° True to a point defined by Lat. 38°13.777’ N, Long. 76°43.186’ W; then running 256° True to a point defined by Lat. 38°13.440’ N, Long. 76°44.929’ W; then running 298° True to a point at or near the shore defined by Lat. 38°13.475’ N, Long. 76°45.013’ W ; and south of a line beginning at a point at or near the shore at Huggins Point defined by Lat. 38°13.980' N, Long. 76°41.138' W; then running 274° True to a point at or near the shore at Kaywood Point defined by Lat. 38°14.040' N, Long. 76°42.299' W.

C. St. George Creek: All the waters northwesterly of a line beginning at a tower on St. George Island defined by Lat. 38°7.738’ N, Long. 76°29.582’ W; then running 32° True to a point at or near shore defined by Lat. 38°8.316’ N, Long. 76°29.130’ W , except for all of the waters of the Piney Point Oyster Sanctuary enclosed by a line beginning at a point at or near  the mean low water line on the shore defined by Lat. 38°09.922'N, Long. 76°31.275'W; then running 48° True about 78 meters to a point defined by Lat. 38°09.950'N, Long. 76°31.235'W; then running 118° True about 386 meters a point defined by Lat. 38°09.850'N, Long. 76°31.003'W; then running 175° True about 207 meters to a point defined by Lat. 38°09.738'N, Long. 76°30.993'W; then running 270° True about 100 meters to a point at or near the mean low water line on the shore defined by Lat. 38°09.738'N, Long. 76°31.062' W; then running northwesterly along the mean low water line of the shore, excluding all creeks and coves less than 100 yards in width, to the point of beginning.

D. South River: All the waters:

  (1) Upstream of a line beginning at or near the northeast tip of Turkey Point defined by Lat. 38°54.545’ N, Long. 76°29.679’ W; then running 62° True to a point defined by Lat. 38°54.642’ N, Long. 76°29.448’ W; then running 7° True to a point defined by Lat. 38°55.649’ N, Long. 76°29.293’ W; then running 26° True to a point defined by Lat. 38°55.732’ N, Long. 76°29.242’ W; and

  (2) Downstream of a line beginning at a point defined by Lat. 38°55.910’ N, Long. 76°31.927’ W; then running northeasterly approximately 42° True to a point defined by Lat. 38°56.495’ N, Long. 76°31.235’ W.

E. Chester River: All the waters:

  (1) Upstream of a line beginning at a point at or near the shore north of Ringgold Point, defined by Lat. 39° 03.759'  N, Long. 76° 12.625' W, then running 126° True to a point at or near the shore north of Piney Point, defined by Lat. 39° 02.813'  N, Long. 76° 10.980' W; and

  (2) Downstream of a line beginning at a point at or near the shore at Grays Inn Point defined by Lat. 39°5.415’ N, Long. 76°11.556’ W; then running 146° True to a point at or near the shore of Gordon Point defined by Lat. 39°3.757’ N, Long. 76°10.109’ W.

F. Eastern Bay and Shipping Creek: All the waters northerly of a line beginning at or near the southwest tip of Turkey Point defined by Lat. 38°54.125’ N, Long. 76°17.980’ W; then running 254° True to a point defined by Lat. 38°53.932’ N, Long. 76°18.851’ W; then running 283° True to a point defined by Lat. 38°54.057’ N, Long. 76°19.554’ W; then running 283° True to a point defined by Lat. 38°54.173’ N, Long. 76°20.205’ W; and southerly of a line beginning at a point at or near the shore at Turkey Point defined by Lat. 38°54.129' N, Long. 76°17.978' W; then running 303° True to a point at or near the shore at the west entrance of Cox Creek, defined by Lat. 38°54.686' N, Long. 76°19.083' W.

G. Crab Alley Bay: All the waters northerly of a line beginning at or near Normans Point defined by Lat. 38°55.138’ N, Long. 76°15.349’ W; then running 241° True to a point at or near the southeast tip of Turkey Point defined by Lat. 38°54.177’ N, Long. 76°17.573’ W.

H. Prospect Bay: All the waters:

  (1) South of a line beginning at a point at or near the MD Route 18 Bridge, defined by Lat. 38°58.212’ N, Long. 76°14.771’ W; then running 286° True to a point at or near the west end of the bridge defined by Lat. 38°58.242’ N, Long. 76°14.906’ W; and

  (2) North of a line beginning at or near the shore of Cabin Creek defined by Lat. 38°56.510’ N, Long. 76°13.610’ W; then running 178° True to a point defined by Lat. 38°55.096’ N, Long. 76°13.567’ W; then running 272° True to a point at or near shore at Normans Point defined by Lat. 38°55.138’ N, Long. 76°15.349’ W.

I. Miles River: All the waters:

  (1) Upstream of a line beginning at or near the shore of Rich Neck defined by Lat. 38°51.390’ N, Long. 76°15.174’ W; then running 113° True to a point defined by Lat. 38°50.298’ N, Long. 76°11.810’ W; and

  (2) Downstream of a line beginning at a point at or near shore at the east entrance of Spencer Creek, defined by Lat. 38°46.539’ N, Long. 76°11.920’ W; then running 46° True to a point at or near the north shore of the Miles River, defined by Lat. 38°47.076’ N, Long. 76°11.205’ W.

J. Poplar Island Narrows: All the waters:

  (1) North of a line beginning at or near the south end of the Poplar Island dike defined by Lat. 38°44.650’ N, Long. 76°22.279’ W; then running 154° True to a point defined by Lat. 38°43.588’ N, Long. 76°21.619’ W; then running 71° True to a point defined by Lat. 38°43.908’ N, Long. 76°20.436’ W; and

  (2) South of a line beginning at a point defined by Lat. 38°46.416’ N, Long. 76°20.020’ W; then running 274° True to a point at or near Lowes Point defined by Lat. 38°46.553’ N, Long. 76°22.343’ W.

K. Broad Creek: All the waters north of a line beginning at a point at or near the shore at Nelson Point defined by Lat. 38°42.549’ N, Long. 76°16.281’ W; then running 61° True to a point at or near the south side of Bridge Creek, defined by Lat. 38°43.440’ N, Long. 76°14.196’ W.

L. Irish Creek: All the waters north of a line beginning at a point at or near the shore at Holland Point defined by Lat. 38°41.879’ N, Long. 76°13.611’ W; then running 186° True to a point defined by Lat. 38°41.838’ N, Long. 76°13.617’ W; then running 92° True to a point at or near the shore at Lucy Point defined by Lat. 38°41.825’ N, Long. 76°13.178’ W.

M. Tred Avon River: All the waters:

  (1) North of a line beginning at or near the southeastern tip of Benoni Point defined by Lat. 38°40.247’ N, Long. 76°11.982’ W; then running 96° True to a point at or near the shore at the north side of Boone Creek, defined by Lat. 38°40.070’ N, Long. 76°10.117’ W;

  (2) West of a line beginning at a point at or near the shore on the east side of Town Creek, defined by Lat. 38°41.835’ N, Long. 76°9.923’ W; then running 255° True to a point defined by Lat. 38°41.823’ N, Long. 76°9.981’ W; then running 0° True to a point at or near the shore of the east side of Plaindealing Creek, defined by Lat. 38°42.576’ N, Long. 76°9.978’ W; and

  (3) West of a line beginning at a point defined by Lat. 38°40.965’ N, Long. 76°10.407’ W; then running 239° True to a point defined by Lat. 38°40.909’ N, Long. 76°10.528’ W; then running 210° True to a point defined by Lat. 38°40.830’ N, Long. 76°10.586’ W; then running 183° True to a point defined by Lat. 38°40.741’ N, Long. 76°10.593’ W; then running 154° True to a point defined by Lat. 38°40.641’ N, Long. 76°10.531’ W.

N. Choptank River: All the waters north of a line beginning at or near Howell Point defined by Lat. 38°36.746’ N, Long. 76°6.626’ W; then running 209° True to a point defined by Lat. 38°36.295’ N, Long. 76°6.938’ W; then running 170° True to a point defined by Lat.38°36.006’ N, Long. 76°6.871’ W; then running 90° True to a point defined by Lat. 38°36.012’ N, Long. 76°5.958’ W; then running 88° True to a point defined by Lat. 38°36.030’ N, Long. 76°5.082’ W; then running 131° True to a point defined by Lat. 38°34.833’ N, Long. 76°3.344’ W; then running 30° True to a point at or near the north shore of the Choptank River, defined by Lat. 38°35.484’ N, Long. 76°2.860’ W.

O. Little Choptank River: All the waters:

  (1) South of a line beginning at a point at or near shore on Hills Point Neck defined by Lat. 38°32.678’ N, Long. 76°16.528’ W; then running 245° True to a point at or near the northeast tip of James Island defined by Lat. 38°31.373’ N, Long. 76°20.092’ W; and

  (2) West of a line beginning at a point at or near the shore of Susquehanna Point defined by Lat. 38°30.642’ N, Long. 76°15.492’ W; then running 329° True to a point at or near shore at the south end of Ragged Point Island, defined by Lat. 38°31.886’ N, Long. 76°16.440’ W.

P. Fishing Bay: All the waters northerly of a line beginning at a point at or near shore defined by corner 9 of Natural Oyster Bar 24-7, defined by Lat. 38°19.480’ N, Long. 76°01.888’ W; then running approximately 182° True to a point defined by corner 10 of Natural Oyster Bar 24-7, defined by Lat. 38°19.452’ N, Long. 76°01.888’ W; then running approximately 144° True to a point at or near shore defined by corner 5 of Natural Oyster Bar 24-6, defined by Lat. 38°18.557’ N, Long. 76°01.065’ W.

Q. Nanticoke River: All the waters:

  (1) North of a line beginning at or near Sandy Point, defined by Lat. 38°14.803’ N, Long. 75°56.385’ W; then running approximately 96° True to a point at or near the shore north of Jones Creek, defined by Lat. 38°14.635’ N, Long. 75°54.352’ W; and

  (2) South of a line beginning at a point at or near the shore at Sandy Point defined by Lat. 38°14.803’ N, Long. 75°56.403’ W; then running 43° True to a point at or near the shore at Roaring Point defined by Lat. 38°15.870’ N, Long. 75°55.155’ W; except

  (3) All the waters of the Roaring Point Oyster Sanctuary enclosed by a line beginning at a point defined by Lat. 38°15.120'N, Long. 75°54.788'W; then running approximately 358° True to a point defined by Lat. 38°15.337'N, Long. 75°54.798'W; then running approximately 88° True to a point defined by Lat. 38°15.123'N, Long. 75°54.717'W; then running approximately 177° True to a point defined by Lat. 38°15.338'N, Long. 75°54.732'W; then running approximately 267° True to the point of beginning.

R. Holland Straits: All the Somerset County waters in Holland Straits:

  (1) Southeast of a line beginning at or near Sedgy Point defined Lat. 38°05.484' N, Long. 76°03.352' W; then running approximately 306° True to a point at or near Pry Island defined by Lat. 38°05.705' N, Long. 76°03.734' W; then running 21° True to a point defined by Lat. 38°6.664’ N, Long. 76°3.283’ W; then running 27° True to a point defined by Lat. 38°8.845’ N, Long. 76°1.873’ W; then running 140° True to a point at or near Sound Point defined by Lat. 38°7.883’ N, Long. 76°0.852’ W;

  (2) North of a line in Pungers Creek beginning at a point defined by Lat. 38°7.165’ N, Long. 76°1.877’ W; then running 257° True to a point defined by Lat. 38°7.139’ N, Long. 76°2.022’ W;

  (3) North of a line in Little Pungers Creek beginning at a point defined by Lat. 38°6.760’ N, Long. 76°2.325’ W; then running 175° True to a point defined by Lat. 38°6.691’ N, Long. 76°2.317’ W; and

  (4) North of a line in Pry Cove beginning at a point defined by Lat. 38°5.173’ N, Long. 76°2.098’ W; then running 267° True to a point defined by Lat. 38°5.169’ N, Long. 76°2.187’ W.

S. Island Creek, Choptank River: All the waters northeasterly of a line beginning at a point at or near the shore at the north side of Island Creek, defined by Lat. 38°39.697’ N, Long. 76°9.699’ W; then running 120° True to a point at or near the shore at the south side of Island Creek, defined by Lat. 38°39.517’ N, Long. 76°9.300’ W.

T. La Trappe Creek, Choptank River: All the waters:

  (1) Northerly of a line beginning at a point at or near the shore of Martin Point defined by Lat. 38°37.716’ N, Long. 76°7.324’ W; then running 109° True to a point at or near the west shore of Grubin Neck defined by Lat. 38°37.609’ N, Long. 76°6.927’ W; and

  (2) Southerly of a line beginning at or near the south entrance of an unnamed cove on the east side of La Trappe Creek defined by Lat. 38°38.157’N, Long. 76°06.462’W; then running approximately 269° True to a point at or near the north entrance of an unnamed cove on the west side of La Trappe Creek defined by Lat. 38°38.162’N, Long. 76°06.937’W.

#### Regulation .10 Dredging with an Auxiliary Yawl Boat.

*COMAR 08.02.04.10*

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°59.311’ 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.

B. A dredge boat may be propelled in accordance with §A of this regulation for not more than 2 of the days of the week, specified by public notice, that a person may catch oysters for commercial purposes during the season for dredging oysters.

C. Notice shall be provided to the Department in advance of each day a dredge boat is propelled in accordance with §A of this regulation.

#### Regulation .11 General Provisions.

*COMAR 08.02.04.11*

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.

B. This chapter does not apply in areas leased for shellfish cultivation under Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland.

C. Oyster Culling.

  (1) A person who catches oysters shall cull the oysters on the natural bar from which they were caught and return every shell to the bar. Any oysters whose shell measures less than 3 inches in length, from hinge to bill, shall be included in the culling and replaced upon the bar from which caught.

  (2) Except as provided in §C(4) and (5) of this regulation, any oyster whose shell measures less than 3 inches in length, from hinge to bill, shall be included in the culling and replaced upon the bar from which caught.

  (3) A person may not possess more than 5 percent shells and oysters less than the allowable size specified in §C(2) of this regulation.

  (4) A person may possess marketable oysters that have undersized oysters attached to them that cannot be separated without destroying the undersized oyster.

  (5) A person may possess marketable oysters that have spat attached to them.

D. Fees for Moving Oyster Seed.

  (1) Subject to the other conditions and terms agreed to each year, the rates to be paid by the Department to any person for the moving of oyster seed shall be adjusted yearly in coordination with the hiring of the captains to move the seed.

  (2) A captain hired to move seed shall be notified of the rates by certified mail.

E. Fees for Purchasing, Hauling, and Planting Fresh Oyster Shell.

  (1) Subject to other conditions and terms agreed to each year, the rate to be paid by the Department to any person for the hauling and planting of fresh oyster shell shall be established by public notice in accordance with §G of this regulation, based on current fair market value.

  (2) The rate to be paid to purchase fresh oyster shell shall be established by public notice in accordance with §G of this regulation, based on current fair market value.

F. A licensed commercial oyster harvester may not have more than one type of oyster harvest gear on board a vessel with oysters on board.

G. General.

  (1) Notwithstanding Natural Resources Article, §§4-1004, 4-1008.1, 4-1009, 4-1013, and 4-1015.1, Annotated Code of Maryland, in order to implement the Maryland Chesapeake Bay Oyster Management Plan, the Secretary may issue a public notice to:

    (a) Establish or modify the season, daily catch limits, days of the week, or times for catching oysters for recreational or commercial purposes;

    (b) Open or close an oyster harvest area for the harvesting or conservation of oysters;

    (c) Establish or modify the rates to be paid for the purchase, hauling, and planting of fresh oyster shell.

  (2) A public notice issued to implement §G(1)(b) of this regulation shall state:

    (a) The specific area;

    (b) The specific period of time that the area is opened or closed;

    (c) Daily bushel limits; and

    (d) The days of the week a person may catch oysters in the area.

  (3) A 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.

  (4) The Secretary shall make a reasonable effort to disseminate a public notice issued under §G of this regulation through various other media so that an affected individual has a reasonable opportunity to be informed.

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

#### Regulation .12 Power Dredging.

*COMAR 08.02.04.12*

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.

  (2) A person may not use or possess a power dredge bar that is more than 42 inches in length measuring from the outside teeth or that exceeds a weight of 200 pounds.

B. Power Dredge Zone.

  (1) Calvert County. All of the waters of the State that lie contiguous to Calvert County enclosed by a line beginning at a point at the intersection of the Calvert-Saint Mary’s county line and the contiguous waters line running from Hog Point to Drum Point defined by Lat. 38°18.883’ N, Long. 76°24.683’ W; then running 300° True to a point at Drum Point defined by Lat. 38°19.150’ N, Long. 76°25.267’ W; then running northerly along the shore, excluding all creeks and coves less than 300 feet wide at the mouth, to a point on the shore at Cove Point defined by Lat. 38°23.174’ N, Long. 76°22.906’ W; then running 329° True to a point defined by Lat. 38°25.237’ N, Long. 76°24.499’ W; then running 321° True to a point defined by Lat. 38°27.127’ N, Long. 76°26.455’ W; then running 241° True to a point at the shore, defined by Lat. 38°26.769’ N, Long. 76°27.277’ W; then running northerly along the shore, excluding all creeks and coves less than 300 feet wide at the mouth, to a point defined by Lat. 38°33.482’ N, Long. 76°30.924’ W; then running 79° True to a point defined by Lat. 38°33.683’ N, Long. 76°29.550’ W; then running 346° True to a point defined by Lat. 38°34.867’ N, Long. 76°29.915’ W; then running 50° True to a point defined by Lat. 38°35.933’ N, Long. 76°28.283’ W; then running 351° True to a point defined by Lat. 38°37.450’ N, Long. 76°28.582’ W; then running 323° True to a point defined by Lat. 38°39.250’ N, Long. 76°30.286’ W; then running 256° True to a point at the shore, defined by Lat. 38°38.995’ N, Long. 76°31.552’ W; then running northerly along the shore, excluding all creeks and coves less than 300 feet wide at the mouth, to a point at the shore south of Chesapeake Beach, defined by Lat. 38°41.278’ N, Long. 76°31.974’ W; then running 92° True to a point defined by Lat. 38°41.237’ N, Long. 76°30.213’ W; then running 14° True to a point defined by Lat. 38°42.635’ N, Long. 76°29.769’ W; then running 92° True to a point at the junction of the Calvert-Anne Arundel-Talbot county line defined by Lat. 38°42.567’ N, Long. 76°27.650’ W; then running 172° True to a point on the Calvert-Dorchester county line, defined by Lat. 38°30.000’ N, Long. 76°25.483’ W; then running 147° True to a point on the Calvert-Dorchester county line, defined by Lat. 38°23.183’ N, Long. 76°19.967’ W; then running 172° True to a point on the Calvert-Dorchester-Saint Mary’s county line, defined by Lat. 38°19.633’ N, Long. 76°19.299’ W; then running 270° True to a point on the Calvert-Saint Mary’s county line, defined by Lat. 38°19.617’ N, Long. 76°22.883’ W; then running 270° True to a point on the Calvert-Saint Mary’s county line, defined by Lat. 38°19.617’ N, Long. 76°22.983’ W; then running 247° True to a point on the Calvert-Saint Mary’s county line, defined by Lat. 38°19.600’ N, Long. 76°23.033’ W; then running 241° True to the point of beginning; except the waters of Plum Point Sanctuary, which is described as: All of the waters of the area enclosed by a line beginning at a point defined by Lat. 38°39.050' N, Long. 76°31.283’ W; then running approximately 75° True to a point defined by Lat. 38°39.250’ N, Long. 76°30.300’ W; then running approximately 143° True to a point defined by Lat. 38°37.450’ N, Long. 76°28.583’ W; then running approximately 171° True to a point defined by Lat. 38°35.933’ N, Long. 76°28.283’ W; then running approximately 230° True to a point defined by Lat. 38°34.867’ N, Long. 76°29.917’ W; then running approximately 166° True to a point defined by Lat. 38°33.683’N, Long. 76°29.550’ W; then running approximately 259° True to a point defined by Lat. 38°33.500’ N, Long. 76°30.800’ W; then running approximately 358° True to a point defined by Lat. 38°34.900’ N, Long. 76°30.867’ W; then running approximately 6° True to a point defined by Lat. 38°37.483’ N, Long. 76°30.500’ W; then running approximately 325° True to a point defined by Lat. 38°38.300’ N, Long. 76°31.217’ W; then running approximately 356° True to the point of beginning.

  (2) Dorchester and Wicomico Counties.

    (a) Dorchester County. All of the waters enclosed by a line beginning at a point defined by Lat. 38°3.667’ N, Long. 76°5.636’ W; then running 351° True to a point defined by Lat. 38°9.181’ N, Long. 76°6.720’ W; then running 261° True to a point defined by Lat. 38° 8.366'N, Long. 76° 13.580' W; then running 162° True to a point defined by Lat. 38° 4.586'N, Long. 76° 11.983' W; then running 162° True to a point defined by Lat. 38° 3.517' N, Long. 76° 11.532' W; then running 268° True to a point defined by Lat. 38° 3.498'N, Long. 76° 12.198' W; then running 9° True to a point defined by Lat. 38° 4.586'N, Long. 76° 11.983' W; then running 338° True to a point defined by Lat. 38°17.967’ N, Long. 76°18.967’ W; then running 351° True to a point defined by Lat. 38°23.183’ N, Long. 76°19.967’ W; then running 328° True to a point defined by Lat. 38°30.000’ N, Long. 76°25.483’ W; then running 353° True to a point defined by Lat. 38°30.032’ N, Long. 76°25.488’ W; then running 88° True to a point at or near the south end of James’ Island, defined by Lat. 38°30.177’ N, Long. 76°20.302’ W; then running 167° True to a point at or near the entrance of Oyster Creek, defined by Lat. 38°29.215’ N, Long. 76°20.022’ W; then running southerly along the shore to a point at or near the north entrance of Punch Island Creek, defined by Lat. 38°25.355’ N, Long. 76°17.257’ W; then running 161° True to a point at or near the south entrance of Punch Island Creek, defined by Lat. 38°25.159’ N, Long. 76°17.171’ W; then running southerly along the shore to a point at or near the south end of Meekins Neck, defined by Lat. 38°22.039’ N, Long. 76°15.771’ W; then running 181° True to a point at or near the north end of North Barren Island, defined by Lat. 38°20.634’ N, Long. 76°15.792’ W; then running southerly along the shore True to a point at or near the south end of North Barren Island, defined by Lat. 38°20.014’ N, Long. 76°15.643’ W; then running 94° True to a point at or near the north end of South Barren Island, defined by Lat. 38°20.001’ N, Long. 76°15.425’ W; then running southerly along the shore to a point at or near the south end of South Barren Island, defined by Lat. 38°19.478’ N, Long. 76°15.399’ W; then running 124° True to a point defined by Lat. 38°18.425’ N, Long. 76°13.394’ W; then running southeasterly along the shore to a point at or near the north end of Narrows Ferry Bridge, defined by Lat. 38°17.917’ N, Long. 76°12.389’ W; then running 155° True to a point at or near the south end of Narrows Ferry Bridge, defined by Lat. 38°17.676’ N, Long. 76°12.250’ W; then running southerly along the shore to a point at or near the shore at Richland Point defined by Lat. 38°14.846’ N, Long. 76°10.332’ W; then running 121° True to a point at Cow Point defined by Lat. 38°14.553’ N, Long. 76°9.922’ W; then running 126° True to a point at or near Fishing Point defined by Lat. 38°14.065’ N, Long. 76°9.065’ W; then running easterly along the shore to a point at or near the easterly tip of Lower Hoopers Island, defined by Lat. 38° 14.674' N, Long. 76° 7.795' W; then running 117° True to a point, defined by Lat. 38° 14.603'N, Long. 76° 7.618' W; then running 132° True to a point defined by Lat. 38°13.930’ N, Long. 76°6.660’ W; then running 150° True to a point defined by Lat. 38°13.203’ N, Long. 76°6.122’ W; then running 165° True to a point defined by Lat. 38°11.693’ N, Long. 76°5.593’ W; then running 121° True to a point defined by Lat. 38°11.601’ N, Long. 76°5.397’ W; then running 182° True to a point defined by Lat. 38°10.307’ N, Long. 76°5.454’ W; then running 181° True to a point defined by Lat. 38°9.652’ N, Long. 76°5.462’ W; then running 181° True to a point defined by Lat. 38°9.143’ N, Long. 76°5.471’ W; then running 177° True to a point at or near the shore at the north end of Holland Island, defined by Lat. 38°7.351’ N, Long. 76°5.419’ W; then running southerly along the shore to a point at or near the shore at the south end of Holland Island, defined by Lat. 38°6.903’ N, Long. 76°5.409’ W; then running 132° True to a point defined by Lat. 38°5.705’ N, Long. 76°3.740’ W; then running 201° True to a point defined by Lat. 38°3.690’ N, Long. 76°4.708’ W; then running 268° True to the point of beginning.

    (b) Dorchester County and Honga River Area. The power dredge zone consists of the waters of the State that lie within Dorchester County beginning at a point defined by Lat. 38°14.603' N, Long. 76°07.618' W; then running 297° True to a point at or near the shore of Lower Hooper Island, defined by Lat. 38°14.674' N. and Long. 76°07.795' W.; then running northwesterly along the shore of Lower Hooper Island to a point at or near the shore of Lower Hooper Island, defined by Lat. 38°14.907' N. and Long. 76°09.172' W.; then running approximately 264° True to a point at or near the shore of Middle Hooper Island, defined by Lat. 38°14.899' N. and Long. 76°09.284' W.; then running northerly along the shore of Middle Hooper Island to a point at or near the shore at the south end of Narrows Ferry Bridge, defined by Lat. 38°17.675' N. and Long. 76°12.250' W.; then running approximately 335° True to a point at or near the shore at the north end of Narrows Ferry Bridge, defined by Lat. 38°17.917' N. and Long. 76°12.390' W.; then running northerly along the shore of Upper Hooper Island to a point at or near corner 5 of Natural Oyster Bar 23-1, defined by Lat. 38°20.885' N. and Long. 76°13.482' W.; then running approximately 332° True to a point at or near corner 6 of Natural Oyster Bar 23-1, defined by Lat. 38°21.095' N. and Long. 76°13.625' W.; then running northerly along the shore of Meekins Neck to a point at or near corner 7 of Natural Oyster Bar 23-1, defined by Lat. 38°21.395' N. and Long. 76°13.712' W.; running approximately 346° True to a point at or near corner 8 of Natural Oyster Bar 23-1, defined by Lat. 38°22.008' N. and Long. 76°13.912' W.; then running approximately 100° True to a point at or near corner 9 of Natural Oyster Bar 23-1, defined by Lat. 38°21.890' N. and Long. 76°13.045' W.; then running easterly along the shore to a point at or near corner 10 of Natural Oyster Bar 23-1, defined by Lat. 38°22.078' N. and Long. 76°12.402' W; then running approximately 76° True to a point at or near corner 11 of Natural Oyster Bar 23-1, defined by Lat. 38°22.148' N, Long. 76°12.038' W; then running southerly along the shore of Kirwan Neck to a point at or near corner 12 of Natural Oyster Bar 23-1, defined by Lat. 38°21.755' N, Long. 76°11.742' W; then running approximately 134° True to a point at or near corner 13 of Natural Oyster Bar 23-1, defined by Lat. 38°20.690' N, Long. 76°10.332' W; then running southerly along the shore of Kirwan Neck to a point at or near corner 14 of Natural Oyster Bar 23-1, defined by Lat. 38°20.233' N, Long. 76°10.362' W; then running approximately 231° True to a point at or near corner 1 of Natural Oyster Bar 23-1, defined by Lat. 38°20.045' N, Long. 76°10.657' W; then running southwesterly along the north shore of Wroten Island to a point at or near the south tip of Wroten Island, defined by Lat. 38°18.968' N, Long. 76°11.647' W; then running easterly along the south side of Wroten Island to a point at or near corner 4 of Natural Oyster Bar 23-5, defined by Lat. 38°19.475' N, Long. 76°10.460' W; then running approximately 90° True to a point at or near corner 5 of Natural Oyster Bar 23-5, defined by Lat. 38°19.475' N, Long. 76°10.398' W.; then running southerly along the shore of Parks Neck, Lakes Cove, and Asquith Island to a point at or near corner 7 of Natural Oyster Bar 23-10, defined by Lat. 38°16.293' N, Long. 76°08.895' W; then running easterly and southerly along the shore of Asquith Island, Fox Creek, Duck Point Cove, and Jimson Weed Marsh to a point at or near corner 1 of Natural Oyster Bar 23-9, defined by Lat. 38°15.770' N, Long. 76°06.440' W; then running southerly along the shore of Crab Point to a point defined by Lat. 38°15.250' N, Long. 76°06.052' W; then running 242° True to the point of beginning.

    (c) Fishing Bay Area. The power dredge zone consists of the waters of the State that lie within Dorchester and Wicomico Counties beginning at a point near Lower Island Point at the turn in the Dorchester-Somerset County Line, defined by Lat. 38°08.845' N. and Long. 76°01.873' W.; then running approximately 17° True to a point at or near the shore of Bloodsworth Island at Great Cove Point defined by Lat. 38°10.310' N. and Long. 76°01.315' W.; then running northerly along the shore of Bloodsworth Island to a point at or near the south entrance of Piney Island Cove, defined by Lat. 38°10.978' N. and Long. 76°01.567' W.; then running approximately 322° True to a point at or near the north entrance of Piney Island Cove, defined by Lat. 38°11.573' N. and Long. 76°02.163' W.; then running northwesterly along the shore of Bloodsworth Island to a point at or near Tigs Point, defined by Lat. 38°12.393' N. and Long. 76°03.688' W.; then running approximately 64° True to a point at or near Bishops Head Point, defined by Lat. 38°12.918' N. and Long. 76°01.963' W.; then running northerly along the shore of Fishing Bay to a point at or near corner 2 of Natural Oyster Bar 28-2, defined by Lat. 38°14.597' N. and Long. 76°02.755' W; then running approximately 1° True to a point at or near corner 3 of Natural Oyster Bar 28-2, defined by Lat. 38°14.947' N. and Long. 76°02.748' W.; then running northerly along the shore of Fishing Bay to a point at or near corner 3 of Natural Oyster Bar 24-10, defined by Lat. 38°16.017'N. and Long. 76°01.957' W.; then running approximately 14° True to a point at or near corner 4 of Natural Oyster Bar 24-10, defined by Lat. 38°16.633' N. and Long. 76°01.813' W.; then running northerly along the shore of Little Creek Marsh to a point at or near corner 3 of Natural Oyster Bar 24-7, defined by Lat. 38°18.025' N. and Long. 76°02.980' W.; then running approximately 0° True to a point at or near corner 4 of Natural Oyster Bar 24-7, defined by Lat. 38°18.540' N. and Long. 76°02.982' W.; then running northeasterly along the shore of Cedar Creek Marsh to a point at or near corner 5 of Natural Oyster Bar 24-7, defined by Lat. 38°18.858' N. and Long. 76°02.773' W.; then running approximately 4° True to a point at or near corner 6 of Natural Oyster Bar 24-7, defined by Lat. 38°18.977' N. and Long. 76°02.762' W.; then running northeasterly along the shore of Cedar Creek Marsh to a point at or near corner 7 of Natural Oyster Bar 24-7, defined by Lat. 38°19.267' N. and Long. 76°02.555' W.; then running approximately 56° True to a point at or near corner 8 of Natural Oyster Bar 24-7, defined by Lat. 38°19.303' N. and Long. 76°02.503' W.; then running easterly along the shore of Cedar Creek Marsh to a point at or near corner 9 of Natural Oyster Bar 24-7, defined by Lat. 38°19.480' N. and Long. 76°01.888' W.; then running approximately 182° True to a point at or near corner 10 of Natural Oyster Bar 24-7, defined by Lat. 38°19.452' N. and Long. 76°01.888' W.; then running approximately 144° True to a point at or near corner 5 of Natural Oyster Bar 24-6, defined by Lat. 38°18.557' N. and Long. 76°01.065' W.; then running southeasterly along the east shore of Fishing Bay to a point at or near the southwest end of Clay Island, defined by Lat. 38°13.970' N. and Long. 75°58.352' W.; then running northeasterly along the shore of Clay Island to a point at or near Sandy Point, defined by Lat. 38°14.803' N. and Long. 75°56.385' W.; then running approximately 96° True to a point at or near the shore north of Jones Creek, defined by Lat. 38°14.635' N. and Long. 75°54.352' W; then running southeasterly along the shore of Stump Point Marsh to a point at or near Mollie Point, defined by Lat. 38°13.745' N. and Long. 75°53.028' W.; then running approximately 91° True to point at or near the Wicomico-Somerset County Line, defined by Lat. 38°13.737' N. and Long. 75°52.238' W.; then running approximately 183° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.888' N. and Long. 75°52.302' W.; then running approximately 210° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.835' N. and Long. 75°52.342' W.; then running approximately 255° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.737' N. and Long. 75°52.815' W.; then running approximately 283° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.913' N. and Long. 75°53.810' W.; then running approximately 251° True to a point at or near the Wicomico-Somerset County Line, defined by Lat. 38°12.317' N. and Long. 75°55.972' W.; then running approximately 274° True to a point at or near the intersection of the Wicomico-Somerset County Line and the Dorchester County Line, defined by Lat. 38°12.403' N. and Long. 75°57.467' W.; then running approximately 230° True to a point at or near the Dorchester –Somerset County Line, defined by Lat. 38°11.837' N. and Long. 75°58.325' W.; then running approximately 230° True to a point at or near buoy “C” on an existing crab line south of Sharkfin Shoal Lighthouse, defined by Lat. 38°11.167' N. and Long. 75°59.338' W; then running approximately 186° True to a point at or near buoy “A” on the intersection of an existing crab line and the Dorchester-Somerset County Line, defined by Lat. 38°09.792' N. and Long. 75°59.517' W.; then running approximately 243° True to the point of beginning.

  (3) St. Mary's County and St. Mary’s River.

    (a) St. Mary’s County. All of the waters of the State that lie contiguous to Saint Mary’s County enclosed by a line beginning at a point on the shore at the north side of the north jetty at Smith Point defined by Lat. 37°53.383’ N, Long. 76°14.217’ W; then running 335° True to a point on the shore at Point Lookout, defined by Lat. 38°2.250’ N, Long. 76°19.332’ W; then running 107° True to a point defined by Lat. 38°2.172’ N, Long. 76°19.016’ W; then running 90° True to a point defined by Lat. 38°2.169’ N, Long. 76°18.358’ W; then running 22° True to a point defined by Lat. 38°3.009’ N, Long. 76°17.932’ W; then running 271° True to a point on the shore, defined by Lat. 38°3.020’ N, Long. 76°19.268’ W; then running northerly along the shore, excluding all creeks and coves less than 300 feet in width to a point on the shore south of Cedar Point defined by Lat. 38°15.005’ N, Long. 76°23.805’ W; then running 90° True to a point defined by Lat. 38°15.007’ N, Long. 76°22.456’ W; then running 44° True to a point defined by Lat. 38°15.723’ N, Long. 76°21.578’ W; then running 353° True to a point defined by Lat. 38°17.936’ N, Long. 76°21.913’ W; then running 269° True to a point on the shore at Cedar Point defined by Lat. 38°17.932’ N, Long. 76°22.384’ W; then running 76° True to a point at the intersection of the Saint Mary’s-Calvert-Dorchester county line, defined by Lat. 38°18.602’ N, Long. 76°19.088’ W; then running 171° True to a point on the Saint Mary’s-Dorchester county line, defined by Lat. 38°17.967’ N, Long. 76°18.967’ W; then running 158° True to a point on the Saint Mary’s-Dorchester county line, defined by Lat. 38°4.586’ N, Long. 76°11.983’ W; then running 189° True to a point on the Saint Mary’s-Somerset county line at the south jetty at Smith Point defined by Lat. 37°53.400’ N, Long. 76°14.167’ W; then running 247° True to the point of beginning; except the waters of Point Lookout Sanctuary which is described as: All of the waters of the area enclosed by a line beginning at a point defined by Lat. 38°2.169' N, Long. 76°18.358' W; then running 270° True to a point defined by Lat. 38°2.172' N, Long. 76°19.016' W; then running 358° True to a point defined by Lat. 38°3.018' N, Long. 76°19.056' W; then running 91° True to a point defined by Lat. 38°3.009' N, Long. 76°17.932' W; then running 202° True to the point of beginning.

    (b) St. Mary’s River. All of the waters of the State that lie in Saint Mary’s County, enclosed by a line beginning at a point Jurisdictional Marker PRM2A, defined by Lat. 38°6.360’ N, Long. 76°25.301’ W; then running 272° True to a point Jurisdictional Marker PRM2B, defined by Lat. 38°6.426’ N, Long. 76°27.899’ W; then running 272° True to a point on the shore at St. George’s Island, defined by Lat. 38°6.427’ N, Long. 76°27.937’ W; then running northeasterly along the shore to a point at the northeast end of a jetty, defined by Lat. 38°6.637’ N, Long. 76°27.750’ W; then running 269° True to a point on the shore of St. George’s Island, defined by Lat. 38°6.635’ N, Long. 76°27.966’ W; then running northwesterly along the shore to a point on the shore at Ball Point defined by Lat. 38°7.252’ N, Long. 76°28.377’ W; then running 30° True to a point on the shore at Cherryfield Point defined by Lat. 38°7.742’ N, Long. 76°28.022’ W; then running 111° True to a point at Natural Oyster Bar corner 27-16-2, defined by Lat. 38°7.685’ N, Long. 76°27.832’ W; then running 39° True to a point defined by Lat. 38°7.971’ N, Long. 76°27.534’ W; then running 353° True to a point at Natural Oyster Bar corner 27-16-4, defined by Lat. 38°8.371’ N, Long. 76°27.594’ W; then running 269° True to a point on the shore at Edmund Point defined by Lat. 38°8.370’ N, Long. 76°27.677’ W; then running northwesterly along the shore to a point defined by Lat. 38°8.934’ N, Long. 76°28.084’ W; then running 335° True to Josh Point defined by Lat. 38°9.178’ N, Long. 76°28.227’ W; then running northeasterly along the shore to a point on the shore south of Pagan Point defined by Lat. 38°11.279’ N, Long. 76°26.639’ W; then running 89° True to a point on the shore at Church Point defined by Lat. 38°11.286’ N, Long. 76°26.263’ W; then running southerly along the shore to a point on the shore at Rosecroft Point defined by Lat. 38°9.582’ N, Long. 76°26.256’ W; then running 141° True to a point on the south side of Saint Inigoes Creek, defined by Lat. 38°9.312’ N, Long. 76°25.981’ W; then running southerly along the shore to a point on the shore at Kitts Point defined by Lat. 38°6.365’ N, Long. 76°25.280’ W; then running 252° True to the point of beginning.

  (4) Somerset County.

    (a) Kedges Straits. The power dredge zone consists of the waters of the State that lie within Somerset County beginning at a point at or near Fog Point, defined by Lat. 38°02.193' N, Long. 76°02.588' W, then running approximately 63° True to a point at or near Solomons Lump Lighthouse, defined by Lat. 38°02.883' N, Long. 76°00.883' W, then running approximately 3° True to a point at or near Sheepshead Point, defined by Lat. 38°04.283' N, Long.76°00.788 W; then running approximately 285° True to a point at or near the westerly entrance of Sheepshead Bay, defined by Lat. 38°04.533' N, Long. 76°01.975 W, then running northwesterly along the west side of South Marsh Island to a point at or near Sedgy Point defined by Lat. 38°05.484' N, Long. 76°03.352' W; then running approximately 306° True to a point at or near Pry Island defined by Lat. 38°05.705' N, Long. 76°03.734' W, then running approximately 203° to a point at or near the intersection of the Somerset-Dorchester county line and the line demarcating the waters contiguous to Somerset County depicted on Chart 32 of the Oyster Survey of 1906—1912 and amendments, defined by Lat. 38°04.783' N, Long. 76°04.182' W, then running approximately 150° True to the point of beginning.

    (b) Contiguous Waters. All of the waters of the State that lie contiguous to Somerset County, enclosed by a line beginning at a point at Maryland-Virginia Boundary defined by Lat. 37°53.193’ N, Long. 76°14.198’ W; then running 7° True to a point on the shore on the north side of the north jetty at Smith Point defined by Lat. 37°53.401’ N, Long. 76°14.166’ W; then running 9° True to a point on the Somerset-Dorchester-Saint Mary’s county line, defined by Lat. 38°3.498’ N, Long. 76°12.198’ W; then running 88° True to a point on the Somerset-Dorchester county line, defined by Lat. 38°3.517’ N, Long. 76°11.532’ W; then running 162° True to a point defined by Lat. 37°59.798’ N, Long. 76°9.965’ W; then running 103° True to a point defined by Lat. 37°58.800’ N, Long. 76°4.680’ W; then running 351° True to a point on the Somerset-Dorchester county line, defined by Lat. 38°3.667’ N, Long. 76°5.636’ W; then running 88° True to a point on the Somerset-Dorchester County line, defined by Lat. 38°3.690’ N, Long. 76°4.707’ W; then running 21° True to a point on the intersection of the Somerset-Dorchester county line and the contiguous waters line, defined by Lat. 38°4.781’ N, Long. 76°4.181’ W; then running 161° True to a point on the shore at Fog Point defined by Lat. 38°1.984’ N, Long. 76°2.496’ W; then running southerly along the shore to a point on the shore at Channel Point defined by Lat. 38°0.585’ N, Long. 76°2.952’ W; then running 194° True to a point defined by Lat. 38°0.030’ N, Long. 76°3.129’ W; then running 175° True to the Maryland-Virginia line, defined by Lat. 37°57.212’ N, Long. 76°2.836’ W; then running 270° True to a point defined by Lat. 37°57.213’ N, Long. 76°3.119’ W; then running 245° True to the point of beginning.

    (c) Great Rock. The power dredge zone consists of the waters of the State that lie within Somerset County beginning at a point defined by Lat. 37°57.707' N., Long. 75°55.834' W., then running approximately 81° True to a point at or near Janes Island Light, defined by Lat. 37°57.803' N., Long. 75°55.108' W., then running approximately 105° True to a point defined by Lat. 37°57.462' N., Long. 75°53.520' W., then running approximately 188° True to a point at or near the Maryland-Virginia state line, defined by Lat. 37°54.610' N., Long. 75°54.016' W., then running approximately 266° True to a point at or near the Maryland-Virginia state line, defined by Lat. 37°54.462' N., Long. 75°56.430' W., then running approximately 8° True to the point of beginning.

    (d) Smith Island. The power dredge zone consists of the waters of the State that lie within Somerset County beginning at a point defined by Lat. 38°02.243' N., Long. 75°55.438' W., then running approximately 177° True to a point at or near Janes Island Light, defined by Lat. 37°57.803' N., Long. 75°55.108' W., then running approximately 260° True to a point near the corner of the Maryland-Virginia state line at Horse Hammock, defined by Lat. 37°57.221' N., Long. 75°59.478' W., then running approximately 19° True to a point near Terrapin Sands Point, defined by Lat. 38°00.247' N., Long. 75°58.181' W., then running approximately 331° True to a point defined by Lat. 38°01.424' N., Long. 75°58.993' W., then running approximately 307° True to a point defined by Lat. 38°02.211' N., Long. 76°00.305' W., then running approximately 34° True to a point defined by Lat. 38°02.992' N., Long. 75°59.637' W., then running approximately 103° True to the point of beginning.

    (e) Manokin River. All of the waters of the State that lie within Somerset County enclosed by a line beginning at a point in the mouth of the Manokin River, defined by Lat. 38°2.243’ N, Long. 75°55.438’ W; then running 1° True to a point defined by Lat. 38°6.094’ N, Long. 75°55.389’ W; then running 126° True to a point on the shore at Hazard Point defined by Lat. 38°4.571’ N, Long. 75°52.694’ W; then running southeasterly along the shore to a point on the shore at Porpoise Point defined by Lat. 38°3.648’ N, Long. 75°52.422’ W; then running easterly along the shore to a point on the shore at Scott’s Point defined by Lat. 38°3.544’ N, Long. 75°48.794’ W; then running 134° True to a point on the shore at Long Point defined by Lat. 38°3.184’ N, Long. 75°48.326’ W; then running 252° True to a point defined by Lat. 38°2.802’ N, Long. 75°49.819’ W; then running 251° True to a point on the shore at Tenth Point defined by Lat. 38°2.303’ N, Long. 75°51.610’ W; then running southwesterly along the shore to a point on the shore at Flatcap Point defined by Lat. 38°2.147’ N, Long. 75°52.160’ W; then running 272° True to a point defined by Lat. 38°2.217’ N, Long. 75°54.349’ W; then running 44° True to a point defined by Lat. 38°2.500’ N, Long. 75°54.000’ W; then running 316° True to a point defined by Lat. 38°2.717’ N, Long. 75°54.267’ W; then running 224° True to a point defined by Lat. 38°2.433’ N, Long. 75°54.615’ W; then running 136° True to a point defined by Lat. 38°2.217’ N, Long. 75°54.349’ W; then running 272° True to the point of beginning.

    (f) Pocomoke Sound. The power dredge zone consists of the waters of the State that lie within Somerset County beginning at a point at or near Maryland-Virginia Line Corner A in Pocomoke Sound, defined by Lat. 37°54.732' N. and Long. 75°48.063' W.; then running approximately 330° True to a point at or near the shore on Ware Point, defined by Lat. 37°56.345' N, Long. 75°49.247' W.; then running along the north shore of Pocomoke Sound, including Ape Hole Creek and East Creek then running along the shore to a point at or near Tulls Point at the west end of an existing Maryland Department of the Environment conditional line, defined by Lat. 37°57.775' N. and Long. 75°44.240' W., then running approximately 83° True to a point, defined by Lat. 37°57.865' N. and Long. 75°43.277' W.; then running approximately 85° True to a point, defined by Lat. 37°57.923' N. and Long. 75°42.440' W.; then running approximately 84° True to a point at or near the shore near the Handy Lodge, defined by Lat. 37°58.003' N. and Long. 75°41.420' W.; then running along the north shore of Pocomoke Sound to a point at or near the shore on the northeasterly entrance to Fair Island Channel, defined by Lat. 37°57.792' N. and Long. 75°39.328' W.; then running approximately 60° True to a point at or near Maryland-Virginia Line Corner N, defined by Lat. 37°57.985' N. and Long. 75°38.915' W.; then running approximately 179° True to a point at or near Maryland-Virginia Line Corner M, defined by Lat. 37°56.802' N. and Long. 75°38.893' W.; then running approximately 256° True to a point at or near Maryland-Virginia Line Corner L, defined by Lat. 37°56.710' N. and Long. 75°39.370' W.; then running approximately 298° True to a point at or near Maryland-Virginia Line Corner K, defined by Lat. 37°56.993' N. and Long. 75°40.043' W.; then running approximately 286° True to a point at or near Maryland-Virginia Line Corner J, defined by Lat. 37°57.318' N. and Long. 75°41.502' W.; then running approximately 266° True to a point or near Maryland-Virginia Line Corner H, defined by Lat. 37°57.272' N. and Long. 75°42.287' W.; then running approximately 254° True to a point at or near Maryland-Virginia Line Corner D, defined by Lat. 37°56.473' N. and Long. 75°45.705' W.; then running approximately 227° True to the point of beginning.

  (5) Talbot County. All of the waters of the State that lie in Talbot County, enclosed by a line beginning at a point on the shore at Chlora Point defined by Lat. 38°38.225’ N, Long. 76°8.818’ W; then running 302° True to a point at Choptank River Lighthouse, defined by Lat. 38°39.344’ N, Long. 76°11.069’ W; then running 287° True to a point on the shore at Upper Bar Neck Point defined by Lat. 38°41.366’ N, Long. 76°19.333’ W; then running northwesterly along the shore to a point on the shore, defined by Lat. 38°42.240’ N, Long. 76°19.998’ W; then running 67° True to a point defined by Lat. 38°42.825’ N, Long. 76°18.214’ W; then running 193° True to a point defined by Lat. 38°42.667’ N, Long. 76°18.262’ W; then running 86° True to a point on the shore west of Nelson Point defined by Lat. 38°42.767’ N, Long. 76°16.527’ W; then running southeasterly along the shore to a point on the shore at Nelson Point defined by Lat. 38°42.549’ N, Long. 76°16.281’ W; then running 61° True to a point on the south side of Bridge Creek, defined by Lat. 38°43.440’ N, Long. 76°14.196’ W; then running southerly along the shore to a point on the shore at Holland Point defined by Lat. 38°41.879’ N, Long. 76°13.611’ W; then running 186° True to a point defined by Lat. 38°41.838’ N, Long. 76°13.617’ W; then running 92° True to a point on the shore at Lucy Point defined by Lat. 38°41.825’ N, Long. 76°13.178’ W; then running southeasterly to a point on the shore of Ferry Neck, defined by Lat. 38°40.354’ N, Long. 76°12.083’ W; then running 144° True to a point on the shore at Benoni Point defined by Lat. 38°40.249’ N, Long. 76°11.969’ W; then running 96° True to a point on the shore at the north side of Boone Creek, defined by Lat. 38°40.090’ N, Long. 76°10.138’ W; then running 118° True to a point on the shore at the south side of Boone Creek, defined by Lat. 38°40.011’ N, Long. 76°9.954’ W; then running then running southeasterly along the shore to a point on the shore at the north side of Island Creek, defined by Lat. 38°39.697’ N, Long. 76°9.699’ W; then running 120° True to a point on the shore at the south side of Island Creek, defined by Lat. 38°39.517’ N, Long. 76°9.300’ W; then running southeasterly along the shore to the point of beginning.

C. Power Dredge Study Areas. An individual may catch oysters only by power dredge in the areas listed in §C(1)—(3) of this regulation.

  (1) Queen Anne’s County Power Dredge Study Areas:

    (a) All of the waters of Eastern Bay enclosed by a line beginning at a point defined by Lat. 38°53.805’ N, Long. 76°15.450’ W; then running 274° True to a point defined by Lat. 38°53.831’ N, Long. 76°15.920’ W; then running 313° True to a point defined by Lat. 38° 54.060’ N, Long. 76° 16.230’ W; then running 53° True to a point defined by Lat. 38°54.482’ N, Long. 76°15.511’ W; then running 91° True to a point defined by Lat. 38°54.476’ N, Long. 76°15.059’ W; then running 199° True to a point defined by Lat. 38°54.130’ N, Long. 76°15.213’ W; then running 210° True to the point of beginning; and

    (b) All of the waters of Eastern Bay enclosed by a line beginning at a point defined by Lat. 38°52.672’ N, Long. 76°18.659’ W; then running 304° True to a point defined by Lat. 38°52.995’ N, Long. 76°19.265’ W; then running 36° True to a point defined by Lat. 38°53.465’ N, Long. 76°18.825’ W; then running 122° True to a point defined by Lat. 38°53.160’ N, Long. 76°18.211’ W; then running 216° True to the point of beginning.

  (2) Kent County Power Dredge Study Area. All of the waters of the Chesapeake Bay enclosed by a line beginning at a point defined by Lat. 39°7.690’ N, Long. 76°18.868’ W; then running 5° True to a point defined by Lat. 39°8.482’ N, Long. 76°18.772’ W; then running 111° True to a point defined by Lat. 39°8.258’ N, Long. 76°18.038’ W; then running 111° True to a point defined by Lat. 39°8.114’ N, Long. 76°17.546’ W; then running 170° True to a point defined by Lat. 39°7.603’ N, Long. 76°17.432’ W; then running 272° True to a point defined by Lat. 39°7.623’ N, Long. 76°18.167’ W; then running 277° True to the point of beginning.

  (3) Dorchester County Power Dredge Study Area. All of the waters of Holland Straits enclosed by a line beginning at a point defined by Lat. 38°6.359' N, Long. 76°3.752' W, then running 273° True to a point defined by Lat. 38°6.385' N, Long. 76°4.481' W, then running 2° True to a point defined by Lat. 38°6.840' N, Long. 76°4.463' W, then running 95° True to a point defined by Lat. 38°6.790' N, Long. 76°3.749' W, then running 180° True to the point of beginning.

D. Wild Grounds Study Area.

  (1) The study area consists of all of the waters of Eastern Bay enclosed by a line beginning at a point defined by Lat. 38°53.160' N, Long. 76°18.211' W; then running 302° True to a point defined by Lat. 38°53.465' N, Long. 76°18.825' W; then running 36° True to a point defined by Lat. 38°53.633' N, Long. 76°18.668' W; then running 124° True to a point defined by Lat. 38°53.320' N, Long. 76°18.063' W; then running 216° True to the point of beginning.

  (2) A commercial licensee may not harvest oysters with a power dredge in this area unless authorized by public notice in accordance with §E of this regulation.

E. Public Notice.

  (1) In order to evaluate the potential effects of power dredging, the Department may, by public notice:

    (a) Open or close portions of the areas defined in §§C(2) and D(1) of this regulation to the harvest of oysters; or

    (b) Specify gear that may be used in portions of the area defined in §D(1) of this regulation.

  (2) If it is determined necessary to maintain surface shell, the Department may by public notice establish the following:

    (a) Portions of the areas defined in §§C(2) and D(1) of this regulation in which maintenance is necessary;

    (b) Allowable gears for maintenance;

    (c) A requirement to receive prior written permission by the Department to perform maintenance on the area;

    (d) Number of licensees who may perform maintenance on the area; and

    (e) Dates and times during which the maintenance may be performed.

  (3) The public notice shall state its effective hour and date and shall be published on the Fisheries Service website at least 48 hours in advance of the effective hour and date.

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

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

#### Regulation .13 Repealed.

*COMAR 08.02.04.13*

#### Regulation .14 Repealed.

*COMAR 08.02.04.14*

#### Regulation .15 Oyster Sanctuaries.

*COMAR 08.02.04.15*

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.

C. Aquaculture in Sanctuaries.

  (1) Except as provided in §C(2) of this regulation, a shellfish lease may not be located within 150 feet of a Yates Bar located in an oyster sanctuary established in §A of this regulation.

  (2) Until termination in accordance with Natural Resources Article, §4-11A-10, Annotated Code of Maryland or surrender in accordance with COMAR 08.02.23.03J, leased areas and all areas within 150 feet of the leased areas existing at the time of the enactment of Ch. 173, Acts of 2009 shall not be considered part of the sanctuaries as established in §A of this regulation.

  (3) A leaseholder under Natural Resources Article, §4-11A, Annotated Code of Maryland, or permit registrant under COMAR 08.02.23.04 shall notify the Department as specified on the Shellfish Aquaculture Harvester Permit 48 hours in advance of using a power dredge in areas described in §A or C(2) of this regulation.

  (4) No more than 10 percent of each oyster sanctuary established in §A of this regulation shall be leased for shellfish aquaculture.

  (5) St. Mary’s River Oyster Sanctuary.

    (a) The Department shall, based on the results of the Maryland Geological Survey’s 2010 sonar survey, post on its website a map of the areas of restorable bottom in the St. Mary’s River Oyster Sanctuary.

    (b) A lease may only be issued in the St. Mary’s River Oyster Sanctuary if the results of a biological survey approved by the Department indicate the average oyster density is less than 15 oysters per square meter in:

      (i) The restorable bottom portion of the proposed lease area; and

      (ii) The remaining bottom in the proposed lease area.

    (c) No more than 25 percent of the total restorable bottom in the St. Mary’s River Oyster Sanctuary shall be leased for shellfish aquaculture purposes.

#### Regulation .16 Recording the Catching and Disposal of Oysters. —Repealed.

*COMAR 08.02.04.16*

#### Regulation .17 Public Shellfish Fishery Area.

*COMAR 08.02.04.17*

A. Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (October 2025) 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.

### Chapter 05 — Fish

**Authority:** Natural Resources Article, §§4-2A-03, 4-215, 4-219, 4-221, 4-710, 4-713, and 4-736, Annotated Code of Maryland

**Administrative History:** Effective date: June 25, 1975 (2:14 Md. R. 1014)

**Administrative History:** Regulation .01E amended as an emergency provision effective April 30, 1999 (26:11 Md. R. 852); amended permanently effective July 26, 1999 (26:15 Md. R. 1147)

**Administrative History:** Regulation .01F adopted effective May 27, 1991 (18:10 Md. R. 1115)

**Administrative History:** Regulation .01F amended effective May 11, 1992 (19:9 Md. R. 878); November 20, 1994 (21:23 Md. R. 1932)

**Administrative History:** Regulation .01F 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)

**Administrative History:** Regulation .01F amended as an emergency provision effective July 1, 1996 (23:15 Md. R. 1079); amended permanently effective October 7, 1996 (23:20 Md. R. 1421)

**Administrative History:** Regulation .01F 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)

**Administrative History:** Regulation .01G adopted as an emergency provision effective May 10, 1991 (18:10 Md. R. 1114); emergency status expired May 28, 1991

**Administrative History:** Regulation .01G adopted effective January 20, 1992 (19:1 Md. R. 24)

**Administrative History:** Regulation .02 amended as an emergency provision effective March 1, 1978 (5:5 Md. R. 321); amended permanently effective June 16, 1978 (5:12 Md. R. 966)

**Administrative History:** Regulation .02 amended as an emergency provision effective April 24, 1979 (6:9 Md. R. 725); emergency status expired September 1, 1979

**Administrative History:** Regulation .02 amended effective February 22, 1980 (7:4 Md. R. 347); February 8, 1982 (9:1 Md. R. 19)

**Administrative History:** Regulation .02B, D—F amended effective January 30, 1984 (11:2 Md. R. 112)

**Administrative History:** Regulation .02D amended as an emergency provision effective March 15, 1982 (9:6 Md. R. 612); emergency status expired April 1, 1982

**Administrative History:** Regulation .02D amended as an emergency provision effective March 15, 1983 (10:5 Md. R. 462); emergency status expired March 26, 1983

**Administrative History:** Regulation .02D and F amended effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .02F amended as an emergency provision effective September 1, 1983 (10:19 Md. R. 1683); amended permanently effective December 19, 1983 (10:25 Md. R. 2267)

**Administrative History:** Regulation .02 repealed and new Regulation .02 adopted effective January 1, 1985 (11:26 Md. R. 2278)

**Administrative History:** 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)

**Administrative History:** Regulation .02D, G amended as an emergency provision effective January 25, 1985 (12:4 Md. R. 358); amended permanently effective April 8, 1985 (12:7 Md. R. 699)

**Administrative History:** Regulation .02E amended effective August 12, 1985 (12:16 Md. R. 1604)

**Administrative History:** Regulation .02 repealed and new Regulation .02 adopted effective September 3, 1990 (17:17 Md. R. 2077)

**Administrative History:** Regulation .02A amended as an emergency provision effective January 24, 1991 (18:3 Md. R. 301)

**Administrative History:** 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)

**Administrative History:** Regulation .02B amended as an emergency provision effective January 1, 1992 (18:26 Md. R. 2826); emergency status expired February 28, 1992

**Administrative History:** 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)

**Administrative History:** 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)

**Administrative History:** 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

**Administrative History:** Regulation .02A amended effective July 22, 2002 (29:14 Md. R. 1074); April 12, 2004 (31:7 Md. R. 582)

**Administrative History:** Regulation .02B amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 725); emergency status expired February 29, 2000

**Administrative History:** Regulation .02B amended effective April 3, 2000 (27:6 Md. R. 640)

**Administrative History:** 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)

**Administrative History:** 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)

**Administrative History:** Regulation .02B amended effective July 22, 2002 (29:14 Md. R. 1074 ); April 12, 2004 (31:7 Md. R. 582)

**Administrative History:** Regulation .03A—F amended and .03G repealed effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .04 adopted effective March 5, 1975 (3:8 Md. R. 424)

**Administrative History:** 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

**Administrative History:** Regulation .05 adopted effective December 12, 1980 (7:25 Md. R. 2334); amended effective March 6, 1981 (8:5 Md. R. 473)

**Administrative History:** Regulation .05A amended effective January 20, 1992 (19:1 Md. R. 24); November 22, 2004 (31:23 Md. R. 1652)

**Administrative History:** Regulation .05C, D amended effective August 5, 2024 (August 5, 2024 Md. R. 706)

**Administrative History:** Regulation .06 adopted effective January 23, 1981 (8:2 Md. R. 111)

**Administrative History:** Regulation .07 adopted as an emergency provision effective December 24, 1980 (8:1 Md. R. 19); emergency status expired May 9, 1981

**Administrative History:** Regulation .07 adopted effective February 20, 1989 (16:3 Md. R. 341)

**Administrative History:** Regulation .07 amended effective January 21, 1991 (18:1 Md. R. 29)

**Administrative History:** Regulation .07B amended effective April 13, 1992 (19:7 Md. R. 744); December 20, 1993 (20:25 Md. R. 1944); March 28, 1994 (21:6 Md. R. 466)

**Administrative History:** Regulation .07D amended effective December 20, 1993 (20:25 Md. R. 1944); March 28, 1994 (21:6 Md. R. 466)

**Administrative History:** Regulation .08 adopted effective April 17, 1981 (8:8 Md. R. 720)

**Administrative History:** Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1508); January 1, 1999 (25:4 Md. R. 242); February 5, 2001 (28:2 Md. R. 99)

**Administrative History:** Regulation .08B amended effective April 16, 1990 (17:7 Md. R. 848)

**Administrative History:** Regulation .08B amended and E adopted as an emergency provision effective June 6, 1997 (24:13 Md. R. 926); emergency status expired December 6, 1997

**Administrative History:** Regulation .08B amended as an emergency provision effective February 23, 1998 (25:8 Md. R. 593); emergency status expired December 31, 1998; amended permanently effective January 1, 1999 (25:19 Md. R. 1495)

**Administrative History:** Regulation .09 adopted effective December 17, 1984 (11:25 Md. R. 2129)

**Administrative History:** Regulation .09 amended effective February 15, 1993 (20:3 Md. R. 257)

**Administrative History:** Regulation .09G adopted effective October 7, 1985 (12:20 Md. R. 1924)

**Administrative History:** Regulation .09G amended effective May 5, 1986 (13:9 Md. R. 1024); August 24, 1987 (14:17 Md. R.1870); July 25, 1988 (15:15 Md. R. 1808); January 9, 1989 (15:27 Md. R. 3127); January 2, 1993 (19:26 Md. R. 2286)

**Administrative History:** Regulation .10 adopted effective April 29, 1991 (18:8 Md. R. 863)

**Administrative History:** Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1994 (21:23 Md. R. 1932)

**Administrative History:** Regulation .10C amended effective September 11, 1995 (22:18 Md. R. 1398)

**Administrative History:** Regulation .11 adopted effective May 10, 1993 (20:9 Md. R. 778)

**Administrative History:** Regulation .11 amended effective September 23, 1996 (23:19 Md. R. 1375)

**Administrative History:** Regulation .12 adopted as an emergency provision effective March 1, 1993 (20:6 Md. R. 577); emergency amended effective May 6, 1993 (20:11 Md. R. 910); emergency status extended at 20:18 Md. R. 1427 and 21:4 Md. R. 272; emergency amended and status extended at 21:9 Md. R. 743

**Administrative History:** Regulation .12 adopted effective August 1, 1994 (21:15 Md. R. 1303)

**Administrative History:** Regulation .12 amended as an emergency provision effective April 7, 1995 (22:9 Md. R. 641)

**Administrative History:** Regulation .12 amended effective July 31, 1995 (22:15 Md. R. 1118); July 28, 1997 (24:15 Md. R. 1061)

**Administrative History:** Regulation .12 amended as an emergency provision effective March 1, 1997 (24:6 Md. R. 481)

**Administrative History:** Regulation .12 amended as an emergency provision effective April 13, 1998 (25:10 Md. R. 741); amended permanently effective May 18, 1998 (25:10 Md. R. 745)

**Administrative History:** Regulation .12A, B amended as an emergency provision effective August 28, 1998 (25:19 Md. R. 1495); amended permanently effective October 19, 1998 (25:21 Md. R. 1573)

**Administrative History:** Regulation .12 amended as an emergency provision effective April 15, 1999 (26:10 Md. R. 792); emergency status expired December 31, 1999

**Administrative History:** Regulation .12 amended as an emergency provision effective April 15, 2000 (27:10 Md. R. 962); amended permanently effective October 2, 2000 (27:19 Md. R. 1725)

**Administrative History:** Regulation .12 amended effective January 17, 2005 (32:1 Md. R. 26)

**Administrative History:** Regulation .12A amended as an emergency provision effective June 9, 2003 (30:13 Md. R. 850); amended permanently effective August 13, 2003 (30:16 Md. R. 1073)

**Administrative History:** Regulation .12A, B amended effective October 14, 2002 (29:20 Md. R. 1586)

**Administrative History:** Regulation .12A, B amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 907); emergency status extended at 31:23 Md. R. 1649; emergency status expired January 25, 2005

**Administrative History:** Regulation .12C amended effective June 17, 1996 (23:12 Md. R. 870); December 29, 1997 (24:26 Md. R. 1756)

**Administrative History:** Regulation .12D amended effective December 29, 1997 (24:26 Md. R. 1756)

**Administrative History:** Regulation .13 adopted effective August 30, 1993 (20:17 Md. R. 1345)

**Administrative History:** Regulation .13 amended as an emergency provision effective October 19, 1994 (21:23 Md. R. 1929); original emergency text superseded and Regulation .13 amended as an emergency provision effective February 3, 1995 (22:4 Md. R. 231); emergency text superseded and Regulation .13 amended as an emergency provision effective March 31, 1995 (22:8 Md. R. 594); emergency status extended at 22:21 Md. R. 1613

**Administrative History:** Regulation .13 amended effective February 26, 1996 (23:4 Md. R. 272)

**Administrative History:** Regulation .13A, B amended as an emergency provision effective June 9, 2003 (30:13 Md. R. 850); amended permanently effective August 18, 2003 (30:16 Md. R. 1073)

**Administrative History:** Regulation .13B, C, D amended as an emergency provision effective June 6, 1997 (24:13 Md. R. 926); amended permanently effective September 8, 1997 (24:18 Md. R. 1295)

**Administrative History:** Regulation .13C amended as an emergency provision effective November 1, 1996 (23:24 Md. R. 1675); emergency status expired January 1, 1997

**Administrative History:** Regulation .13D, E amended as an emergency provision effective October 10, 1997 (24:22 Md. R. 1549); amended permanently effective April 6, 1998 (25:7 Md. R. 526)

**Administrative History:** Regulation .14 adopted effective September 17, 1993 (20:19 Md. R. 1471)

**Administrative History:** Regulation .14B amended as an emergency provision effective June 9, 2003 (30:13 Md. R. 850); amended permanently effective August 18, 2003 (30:16 Md. R. 1073)

**Administrative History:** Regulation .14C adopted effective June 5, 1995 (22:11 Md. R. 819)

**Administrative History:** Regulations .15 and .16 adopted as an emergency provision effective July 13, 1994 (21:16 Md. R. 1379); adopted permanently effective September 12, 1994 (21:18 Md. R. 1508)

**Administrative History:** Regulation .15 amended as an emergency provision effective April 9, 1998 (25:18 Md. R. 673); emergency status expired October 6, 1998

**Administrative History:** Regulation .15B, C amended effective June 14, 1999 (26:12 Md. R. 925)

**Administrative History:** Regulation .16 amended as an emergency provision effective June 9, 2003 (30:13 Md. R. 850); amended permanently effective August 18, 2003 (30:16 Md. R. 1073)

**Administrative History:** Regulation .17 adopted effective April 10, 1995 (22:7 Md. R. 534)

**Administrative History:** Regulation .17 amended effective December 1, 1997 (24:24 Md. R. 1670)

**Administrative History:** Regulation .18 adopted as an emergency provision effective July 1, 1995 (22:15 Md. R. 1112); adopted permanently effective September 25, 1995 (22:19 Md. R. 1472)

**Administrative History:** Regulation .18 adopted as an emergency provision effective December 1, 2000 (27:26 Md. R. 2354); emergency status expired December 31, 2000; amended permanently effective March 19, 2001 (28:5 Md. R. 551)

**Administrative History:** Regulation .18A, B amended effective October 6, 1997 (24:20 Md. R. 1402)

**Administrative History:** Regulation .18C adopted as an emergency provision effective November 29, 1995 (22:26 Md. R. 2027); emergency status extended at 23:11 Md. R. 807; adopted permanently effective September 9, 1996 (23:18 Md. R. 1316)

**Administrative History:** Regulation .19 adopted effective October 20, 1997 (24:21 Md. R. 1447)

**Administrative History:** Regulation .20 adopted effective October 20, 1997 (24:21 Md. R. 1447)

**Administrative History:** Regulation .20A amended effective June 15, 1998 (25:12 Md. R. 945)

**Administrative History:** Regulation .20A amended as an emergency provision effective June 9, 2003 (30:13 Md. R. 850); amended permanently effective August 18, 2003 (30:16 Md. R. 1073)

**Administrative History:** Regulation .21 adopted effective October 20, 1997 (24:21 Md. R. 1447)

**Administrative History:** Regulation .21A amended as an emergency provision effective August 14, 1998 (25:18 Md. R. 1430), amended permanently effective October 19, 1998 (25:21 Md. R. 1573)

**Administrative History:** Regulation .21 amended effective September 2, 2002 (29:17 Md. R. 1379)

**Administrative History:** Regulation .21 amended as an emergency provision effective June 9, 2003 (30:13 Md. R. 850); amended permanently effective August 18, 2003 (30:16 Md. R. 1074)

**Administrative History:** Regulation .21 amended as an emergency provision effective February 17, 2004 (31:5 Md. R. 445); amended permanently effective April 26, 2004 (31:8 Md. R. 645)

**Administrative History:** Regulation .22 adopted effective October 20, 1997 (24:21 Md. R. 1447)

**Administrative History:** Regulation .22 amended effective August 19, 2002 (29:16 Md. R. 1286)

**Administrative History:** Regulation .22C amended effective June 15, 1998 (25:12 Md. R. 845)

**Administrative History:** Regulation .23 adopted as an emergency provision effective June 1, 1999 (26:13 Md. R. 1016); adopted permanently effective September 6, 1999 (26:18 Md. R. 1375)

**Administrative History:** Regulation .23 amended as an emergency provision effective March 24, 2000 (27:8 Md. R. 795); amended permanently effective June 26, 2000 (27:12 Md. R. 1138)

**Administrative History:** 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)

**Administrative History:** 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)

**Administrative History:** 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)

**Administrative History:** Regulation .25 adopted effective April 16, 2001 (28:7 Md. R. 688)

**Administrative History:** Regulation .26 adopted as an emergency provision effective June 1, 2003 (30:13 Md. R. 850); adopted permanently effective September 29, 2003 (30:19 Md. R. 1329)

**Administrative History:** Regulation .27 adopted as an emergency provision effective June 1, 2003 (30:13 Md. R. 850); adopted permanently effective September 29, 2003 (30:19 Md. R. 1329)

**Administrative History:** Chapter revised effective February 28, 2005 (32:4 Md. R. 409)

**Administrative History:** Regulation .01 amended effective July 26, 2010 (37:15 Md. R. 998); April 15, 2013 (40:7 Md. R. 609)

**Administrative History:** Regulation .01 amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); emergency provision expired December 23, 2013

**Administrative History:** Regulation .01 amended effective December 23, 2013 (40:25 Md. R. 2067)

**Administrative History:** Regulation .01 repealed effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .01D adopted as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); adopted permanently effective August 29, 2005 (32:17 Md. R.1438)

**Administrative History:** Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 476)

**Administrative History:** Regulation .02 amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); emergency provision expired December 23, 2013

**Administrative History:** Regulation .02 amended effective December 23, 2013 (40:25 Md. R. 2067); August 26, 2019 (46:17 Md. R. 725); March 9, 2020 (47:5 Md. R. 310); March 21, 2022 (49:6 Md. R. 404)

**Administrative History:** Regulation .02B amended as an emergency provision effective April 4, 2006 (33:9 Md. R. 794); emergency provision expired August 4, 2006

**Administrative History:** Regulation .02B amended as an emergency provision effective April 9, 2007 (34:9 Md. R. 823)

**Administrative History:** 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); November 18, 2019 (46:23 Md. R. 1065)

**Administrative History:** Regulation .02E amended effective April 1, 2026 (53:6 Md. R. 286)

**Administrative History:** Regulation .02F amended effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .02F amended as an emergency provision effective May 3, 2018 (45:11 Md. R. 577); amended permanently effective July 2, 2018 (45:13 Md. R. 664)

**Administrative History:** Regulation .02J amended effective July 7, 2014 (41:13 Md. R. 751)

**Administrative History:** Regulation .02P adopted effective April 27, 2015 (42:8 Md. R. 607)

**Administrative History:** Regulation .03 repealed effective February 15, 2016 (43:3 Md. R. 271)

**Administrative History:** Regulation .03 adopted effective June 14, 2021 (48:12 Md. R. 470)

**Administrative History:** Regulation .05A amended effective October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .06A amended effective October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .07 amended effective January 28, 2008 (35:2 Md. R. 126)

**Administrative History:** Regulation .07 repealed effective January 26, 2009 (36:2 Md. R. 99)

**Administrative History:** Regulation .07 adopted as an emergency provision effective June 17, 2013 (40:15 Md. R. 1225); emergency provision extended to September 2, 2013 (40:19 Md. R. 1539)

**Administrative History:** Regulation .07 amended effective September 2, 2013 (40:17 Md. R. 1419); March 3, 2014 (41:4 Md. R. 299); April 1, 2024 (51:6 Md. R. 270)

**Administrative History:** Regulation .07D amended effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .07D, E amended effective June 23, 2014 (41:12 Md. R. 667)

**Administrative History:** Regulation .08 amended effective March 3, 2014 (41:4 Md. R. 299); March 28, 2016 (43:6 Md. R. 404)

**Administrative History:** Regulation .08A, H amended effective October 7, 2019 (46:20 Md. R. 843)

**Administrative History:** Regulation .08D, E amended effective November 24, 2005 (32:23 Md. R. 1825)

**Administrative History:** Regulation .09A amended effective October 8, 2007 (34:20 Md. R. 1735)

**Administrative History:** Regulation .09 repealed effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .09 adopted effective December 26, 2011 (38:26 Md. R. 1696)

**Administrative History:** Regulation .10 amended effective June 24, 2024 (51:12 Md. R. 618)

**Administrative History:** Regulation .12 amended effective October 29. 2012 (39:21 Md. R. 1377); August 5, 2013 (40:15 Md. R. 1228); September 15, 2014 (41:18 Md. R. 1009)

**Administrative History:** Regulation .12A amended as an emergency provision effective May 20, 2011 (38:13 Md. R. 754); adopted permanently effective August 8, 2011 (38:16 Md. R. 944)

**Administrative History:** Regulation .12A, B amended effective July 4, 2005 (32:13 Md. R. 1110)

**Administrative History:** Regulation .12A, B amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 891); amended permanently effective June 30, 2008 (35:13 Md. R. 1198)

**Administrative History:** Regulation .12A, B amended effective July 16, 2009 (36:14 Md. R. 984)

**Administrative History:** Regulation .12A, B amended as an emergency provision effective April 9, 2010 (37:10 Md. R. 718)

**Administrative History:** Regulation .12C amended effective February 22, 2010 (37:4 Md. R. 338)

**Administrative History:** Regulation .12E amended effective October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .13 amended as an emergency provision effective April 9, 2010 (37:10 Md. R. 718); amended permanently effective June 28, 2010 (37:13 Md. R. 851)

**Administrative History:** Regulation .13 amended effective April 14, 2014 (41:7 Md. R. 421)

**Administrative History:** Regulation .13B amended effective October 8, 2007 (34:20 Md. R. 1736)

**Administrative History:** Regulation .14 repealed and new Regulation .14 adopted effective July 23, 2012 (39:14 Md. R. 835)

**Administrative History:** Regulation .15 amended effective February 25, 2019 (46:4 Md. R. 190)

**Administrative History:** Regulation .15B amended effective December 30, 2019 (46:26 Md. R. 1163)

**Administrative History:** Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .17 repealed effective March 23, 2009 (36:6 Md. R. 489)

**Administrative History:** Regulation .17 adopted effective March 26, 2018 (45:6 Md. R. 318)

**Administrative History:** Regulation .19B, D amended effective July 16, 2007 (34:14 Md. R. 1245)

**Administrative History:** Regulation .20 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 285); amended permanently effective March 24, 2008 (35:6 Md. R. 696)

**Administrative History:** Regulation .20 amended effective July 16, 2020 (47:14 Md. R. 674)

**Administrative History:** Regulation .20A, C amended effective April 2, 2012 (39:6 Md. R. 407); September 3, 2012 (39:16 Md. R. 1147)

**Administrative History:** Regulation .20D adopted effective September 3, 2012 (39:17 Md. R. 1147)

**Administrative History:** Regulation .21 amended effective March 27, 2006 (33:6 Md. R. 577)

**Administrative History:** Regulation .21A amended effective February 11, 2008 (35:3 Md. R. 288); March 9, 2009 (36:5 Md. R. 422)

**Administrative History:** Regulation .21A amended as an emergency provision effective April 11, 2009 (36:10 Md. R. 713); amended permanently effective June 29, 2009 (36:13 Md. R. 898)

**Administrative History:** Regulation .21A amended as an emergency provision effective September 15, 2010 (37:21 Md. R. 1435); emergency provision expired March 11, 2011

**Administrative History:** Regulation .21 amended effective November 12, 2012 (39:22 Md. R. 1428)

**Administrative History:** Regulation .21A amended effective August 22, 2011 (38:17 Md. R. 1012); August 5, 2013 (40:15 Md. R. 1228)

**Administrative History:** Regulation .21B amended effective March 9, 2009 (36:5 Md. R. 422); December 14, 2009 (36:25 Md. R. 1953); December 11, 2023 (50:24 Md. R. 1040)

**Administrative History:** Regulation .21D amended effective December 14, 2009 (36:25 Md. R. 1953); February 22, 2010 (37:4 Md. R. 338); March 23, 2020 (47:6 Md. R. 340)

**Administrative History:** Regulation .21E amended effective October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .21F amended effective August 5, 2013 (40:15 Md. R. 1228)

**Administrative History:** Regulation .22 amended effective December 31, 2007 (34:26 Md. R. 2261)

**Administrative History:** Regulation .22B amended effective January 30, 2017 (44:2 Md. R. 84)

**Administrative History:** Regulation .22B, D amended effective July 16, 2020 (47:14 Md. R. 675)

**Administrative History:** Regulation .23C amended effective December 22, 2025 (52:25 Md. R. 1268)

**Administrative History:** Regulation .24 amended as an emergency provision effective August 27, 2013 (40:19 Md. R. 1539); emergency provision expired February 17, 2014

**Administrative History:** Regulation .24 amended effective February 17, 2014 (41:3 Md. R. 201); January 19, 2015 (42:1 Md. R. 17); March 28, 2016 (43:6 Md. R. 404)

**Administrative History:** Regulation .24A amended effective June 22, 2015 (42:12 Md. R. 761)

**Administrative History:** Regulation .24D amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1007); emergency provision expired January 19, 2015

**Administrative History:** Regulation .24D, I amended effective August 28, 2017 (44:17 Md. R. 834)

**Administrative History:** Regulation .26A amended effective March 4, 2013 (40:4 Md. R. 344)

**Administrative History:** Regulation 26D amended effective December 22, 2025 (52:25 Md. R. 1268)

**Administrative History:** Regulation 27D amended effective December 22, 2025 (52:25 Md. R. 1268)

**Administrative History:** Regulation .28 adopted effective February 11, 2008 (35:3 Md. R. 288)

**Administrative History:** Regulation .29 adopted effective June 28, 2010 (37:13 Md. R. 851)

**Administrative History:** Regulation .29 amended effective March 21, 2011 (38:6 Md. R. 393); July 1, 2019 (46:13 Md. R. 589)

**Administrative History:** Regulation .29D, F amended effective August 22, 2011 (38:17 Md. R. 1012)

**Administrative History:** Regulation .29E amended effective March 30, 2015 (42:6 Md. R. 511)

**Administrative History:** Regulation .30 adopted effective July 1, 2019 (46:13 Md. R. 589)

#### Regulation .01 Methods of Fishing in Tidal Waters - Repealed

*COMAR 08.02.05.01*

#### Regulation .02 General Fishing Prohibitions.

*COMAR 08.02.05.02*

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 use eels as bait while fishing with hook and line in the tidal waters of the Chesapeake Bay and its tributaries only from:

  (1) May 16 through July 31; and

  (2) September 1 through December 5.

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.

#### Regulation .03 Spot.

*COMAR 08.02.05.03*

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.

B. Recreational Fishery. Except as provided in §§C and D of this regulation, an individual may not catch or possess more than 50 spot per person per day.

C. Fishing Guide — Limited (Type L).

  (1) This section only applies to an individual who is licensed as a limited fishing guide in accordance with Natural Resources Article, §4-210, Annotated Code of Maryland.

  (2) For each guided fishing trip:

    (a) The number of spot in possession by the fishing party during the trip may not exceed the product of 50 multiplied by the number of individuals that the licensed guide may guide on one trip; and

    (b) An individual under the guidance of a licensed fishing guide may not possess more than 50 spot.

  (3) Any spot in excess of the individual limit specified in §C(2)(b) of this regulation:

    (a) Shall be:

      (i) Alive; and

      (ii) In possession of the licensed guide; and

    (b) May not exceed the fishing party limit specified in §C(2)(a) of this regulation.

D. Fishing Guide — Guides Other than Limited Fishing Guides (Type L).

  (1) This section only applies to an individual who is:

    (a) Licensed to provide fishing guide services in accordance with Natural Resources Article, §4-210.1 or 4-701, Annotated Code of Maryland; or

    (b) Permitted in accordance with Natural Resources Article §4-210.2, Annotated Code of Maryland.

  (2) For each guided fishing trip:

    (a) The number of spot on board the vessel may not exceed the product of 50 multiplied by the maximum number of individuals that the licensed guide may have on the vessel; and

    (b) An individual under the guidance of a licensed fishing guide may not possess more than 50 spot.

  (3) Any spot on the vessel in excess of the individual limit specified in §D(2)(b) of this regulation:

    (a) Shall be:

      (i) Alive; and

      (ii) In possession of the captain or licensed guide; and

    (b) May not exceed the vessel limit specified in §D(2)(a) of this regulation.

E. Commercial Season. The commercial season for catching spot is April 10 through November 24.

F. Public Notice.

  (1) The Secretary may establish or modify catch limits, size limits, and seasons for spot in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Spot, 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 a public notice issued under this section through various other media so that an affected individual has a 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.

#### Regulation .04 Legal Size of White Perch.

*COMAR 08.02.05.04*

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.

#### Regulation .05 American Shad.

*COMAR 08.02.05.05*

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.

#### Regulation .06 Hickory Shad.

*COMAR 08.02.05.06*

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.

B. Possession or Sale of Hickory Shad Lawfully Taken in Another Jurisdiction. The provisions of §A, above, do not prohibit the entry into the State, or possession, transportation, exportation, processing, sale, offer of sale, or shipment of hickory shad which were caught in waters not under Maryland jurisdiction, if the person engaging in the activity possesses a bill of sale which identifies the hickory shad as originating from waters not under Maryland jurisdiction.

#### Regulation .07 Atlantic Menhaden.

*COMAR 08.02.05.07*

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.

B. Commercial Seasons. A public notice shall be issued in accordance with §G of this regulation when the quota and season are approved by the Atlantic State Marine Fisheries Commission.

C. Commercial Catch Limits.

  (1) Prior to the State quota in §A of this regulation being met or exceeded, there is no catch limit for Atlantic menhaden.

  (2) Upon the State quota being met or exceeded, the catch limit for Atlantic menhaden and the harvest rate at which an Atlantic menhaden bycatch allowance landing permit is required shall be established and may be modified through a public notice issued in accordance with §G of this regulation.

D. Recreational Fishery.

  (1) Season. The season for the recreational harvest of Atlantic menhaden is January 1 through December 31.

  (2) Catch Limit. There is no limit on the number of Atlantic menhaden that an individual may harvest for recreational use.

  (3) Size Limit. There is no minimum size for Atlantic menhaden.

E. Atlantic Menhaden Bycatch Allowance Landing Permits.

  (1) An individual may apply for an Atlantic menhaden bycatch allowance landing permit if, as of February 18, 2013, the individual had a pound net site registered with the Department.

  (2) An individual may be issued only one Atlantic menhaden bycatch allowance landing permit.

  (3) A permittee shall have in possession the Atlantic menhaden bycatch allowance landing permit when engaged in permitted activities.

  (4) Operators.

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

    (b) The only person a permittee may use as the operator of their Atlantic menhaden bycatch allowance landing permit is the individual the permittee has designated as the authorized user of the permittee’s commercial fishing license in accordance with Natural Resources Article, §4-701(k)(7), Annotated Code of Maryland.

    (c) An operator may only fish the pound nets that the permittee has:

      (i) Registered in the permittee’s name; and

      (ii) Notified the Department as being active in accordance with COMAR 08.02.25.07.

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

      (i) In possession of the permittee’s tidal fish license and Atlantic menhaden bycatch allowance landing permit; and

      (ii) On the vessel named on the permittee’s tidal fish license.

  (5) Atlantic menhaden bycatch allowance landing permits may not be transferred and are valid only for the named individual on the permit card or their operator as described in §E(4) of this regulation.

  (6) A permittee or a permittee’s operator shall be on board any boat harvesting Atlantic menhaden under an Atlantic menhaden bycatch allowance landing permit.

F. Reporting.

  (1) Reporting Requirements. In addition to the requirements of Natural Resources Article, §4-206, Annotated Code of Maryland:

    (a) Any Atlantic menhaden harvested from a pound net must be reported on the day of harvest in the manner specified by the Department; and

    (b) An Atlantic menhaden bycatch allowance landing permittee shall report in the manner specified by the Department.

  (2) Reporting Penalties.

    (a) The Department may suspend the holder of an Atlantic menhaden bycatch allowance landing permit from participation in the menhaden fishery for up to 90 days per violation for failing to comply with §F(1)(b) of this regulation.

    (b) In addition to any other penalty, the Department may deny an application for an Atlantic menhaden bycatch allowance landing permit for failing to comply with §F(1) of this regulation during the previous season.

    (c) Prior to suspending a permit under this regulation or denying an application for a permit, 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 08.01.14.

G. General.

  (1) When the menhaden quota, established by the Atlantic States Marine Fisheries Commission, has been met, the Secretary may issue a public notice on the Fisheries Service website to modify the season and catch limits in compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan.

  (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 individual has a reasonable opportunity to be informed.

  (3) A violation of the restrictions set by the Secretary in accordance with section is a violation of this regulation.

#### Regulation .08 Eels.

*COMAR 08.02.05.08*

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.

B. Noncommercial Limits.

  (1) A person may not catch or possess eels for noncommercial purposes which are less than 9 inches total length.

  (2) A person may not catch or possess more than 25 eels per day for noncommercial purposes.

C. Closed Season. Except by spear or baited traps or pots, eels may not be taken between September 1 and December 31.

D. Structural Requirements.

  (1) Except as provided for in §D(2)of this regulation, an eel pot shall be constructed of wire having a mesh size not less than ½ inch when the wire mesh is unstretched.

  (2) Prior to January 1, 2017, an eel pot constructed with mesh smaller than ½ inch by ½ inch may be used so long as it has an escape panel installed in an exterior wall of the retention chamber made of ½ inch by ½ inch mesh measuring at least 4 inches by 4 inches.

E. A person may not set buoyed eel pots in those channels designated as buoy-free channels under COMAR 08.02.03.07H.

F. In addition to those defined in COMAR 08.02.03.07H, a person may not set buoyed eel pots in the following channels:

  (1) Severn River: 50 yards channelward of a line from Whitehall Creek Fl. 4 sec. "2" to R "4", and 50 yards southwest of a line from Whitehall Creek Fl. 4 sec. "2" to Mill Creek R "2";

  (2) South River: 100 yards channelward of a line marked by Fl. R 2.5 sec. "4", Fl. R 4 sec. "6", and Fl. R 4 sec. "8";

  (3) Rhode River: 50 yards westerly of a line marked by Fl. R 4 sec. "2", R "4", and a point 50 yards east of Fl. G 4 sec. "7";

  (4) Sassafras River: 50 yards channelward and following a marked channel line easterly from R "2" Fl. R 4 sec. to above Rt. 213 bridge to the channel markers at the entrance of Swantown Creek;

  (5) Bohemia River: 50 yards channelward and following a marked channel line from R "2" Fl. R 4 sec. southeasterly to the Rt. 213 bridge;

  (6) Northeast River: Within the marked channel following a line northeasterly from R "6" to Fl. G 4 sec. 15 ft. 5M "17";

  (7) Swan Creek: Within the marked channel following a line along the southern shoreline from Plum Point to High Point.

G. A person may not set or fish an eel pot without an appropriate license issued by the Department.

H. General.

  (1) The Secretary may establish or modify catch limits, size limits, and seasons for American eel in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for American Eel, 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 a public notice issued under this section through various other media so that an affected individual has a reasonable opportunity to be informed.

  (4) A violation of the restrictions set by the Secretary in accordance with section is a violation of this regulation.

#### Regulation .09 River Herring.

*COMAR 08.02.05.09*

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).

B. An individual may not possess river herring within the jurisdiction of Maryland.

C. Exceptions. The provisions of §B of this regulation do not prohibit the entry into the State, or possession, transportation, exportation, processing, sale, offer of sale, or shipment of river herring which were legally caught in waters not under jurisdiction of Maryland, if the person engaging in the activity possesses a bill of sale which identifies the river herring as originating from waters not under jurisdiction of Maryland.

#### Regulation .10 Bluefish.

*COMAR 08.02.05.10*

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.

#### Regulation .11 Sturgeon.

*COMAR 08.02.05.11*

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.

#### Regulation .12 Summer Flounder.

*COMAR 08.02.05.12*

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.

  (2) Minimum Size. An individual licensed to catch fish for commercial purposes may not catch or possess a summer flounder less than:

    (a) The recreational size limit set forth by public notice in accordance with §§A and F of this regulation if caught by hook and line; or

    (b) 14 inches total length if caught by gear other than hook and line.

  (3) Daily Catch Limits. An individual licensed to catch fish for commercial purposes may not catch, possess, or land more than:

    (a) 100 pounds of summer flounder per day from the Atlantic Ocean, its coastal bays, and their tributaries unless in possession of a Maryland summer flounder landing permit; and

    (b) 50 pounds of summer flounder per day from the Chesapeake Bay and its tidal tributaries.

  (4) An individual licensed to catch fish for commercial purposes may not:

    (a) Transfer summer flounder from one vessel to another vessel; or

    (b) Land more than 5 percent by:

      (i) Number of summer flounder under 14 inches as part of the daily limit for flounder caught by gear other than hook and line; or

      (ii) Weight of summer flounder in excess of the daily catch limits established in §B(3) of this regulation.

  (5) Summer flounder 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 dealer with a federal permit.

C. Licenses and Permits.

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

  (2) A vessel which is used to catch, possess, or land summer flounder for commercial purposes from the waters of the Exclusive Economic Zone (EEZ) of the Atlantic Ocean shall be permitted by the National Marine Fisheries Service in accordance with 50 CFR §648.4.

  (3) A permittee may catch, possess, or land summer flounder for commercial purposes on a vessel other than the vessel declared on the permittee's permit if in possession of the permit issued to the permittee, and the undeclared vessel is permitted by the National Marine Fisheries Service.

  (4) Declaration.

    (a) Tidal fish licensees shall declare their intent to fish for summer flounder between August 1 and August 31 of each year.

    (b) A tidal fish licensee who has not declared by August 31 of the current year, and who has not declared by the August 31 deadline in any of the 3 preceding years, may apply until September 14 of the current year, or the next business day if September 14 occurs on a weekend, to the Director of Fisheries Service provided the licensee shows good reason why the application should be processed.

    (c) An exception to the September 14 deadline 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 established in this subsection.

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

    (e) Any change in vessel ownership shall be reported to the Department so that a revised permit card may be issued.

  (5) Summer Flounder Landing Permit.

    (a) No more than seven summer flounder landing permits may be issued by the Department. The number of summer flounder landing permits is based on the reported catch and landing records of summer flounder in Maryland during 1998—2003.

    (b) The Department may issue a permit to catch and land summer flounder in Maryland to a person who is licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, owns or has a share of ownership in a federally permitted vessel, and:

      (i) Declared or was eligible to declare, in the previous year, an intent to fish for summer flounder in accordance with §C(4) of this regulation in the previous year and has not transferred the permit; or

      (ii) Received a summer flounder landing permit through a permanent business transfer in accordance with §C(7) of this regulation.

  (6) Operators.

    (a) An operator means an individual who is not a permittee and 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 summer flounder landing permit.

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

  (7) Permanent Transfer of a Landing Permit. The Department may approve the permanent transfer of a Maryland summer flounder landing permit to an individual who applies to the Department requesting the transfer on forms provided by the Department.

  (8) Temporary transfers of summer flounder landing permits are not permitted.

  (9) Regardless of the number of authorized individuals with Maryland summer flounder landing permits on board any one federally permitted vessel, no more than two summer flounder quotas may be fished from one vessel per trip.

D. Gear Restrictions.

  (1) A person who catches summer flounder for commercial purposes may not use a trawl net with stretched mesh size of less than 6 inches square or 5½ inches diamond applied throughout the net, including the body, extensions, and cod end.

  (2) For the purposes of measuring the required mesh sizes, at least 20 meshes shall be measured, of which:

    (a) At least 12 meshes shall measure the minimum size or larger; and

    (b) The remaining meshes may not measure more than ¼ inch less than the minimum mesh size.

E. Reporting and Penalties.

  (1) In addition to the requirements of Natural Resources Article, §4-206, Annotated Code of Maryland, an individual in possession of a Maryland summer flounder landing permit shall record the harvest of summer flounder on the permit daily and submit the completed permit to the Department within 14 days from the end of the summer flounder season.

  (2) A dealer shall transmit information weekly, or as requested, on each summer flounder transaction through the Department-approved reporting system.

  (3) The Department may withhold quota allocation for a summer flounder landing permit for failing to comply with §E(1) of this regulation during the previous season.

  (4) The Department may deny an application for a summer flounder landing permit for failing to comply with §E(1) of this regulation during the previous season.

  (5) Prior to suspending a permit under this regulation or denying an application for a permit, 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.

F. General.

  (1) The Secretary may establish or modify catch limits, size limits, quotas, and seasons for summer flounder in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Summer Flounder, by issuing a public notice on the Fisheries Service website.

  (2) The public notice shall state its effective hour and date and shall be published on the Fisheries Service website at least 48 hours in advance of the effective hour and date.

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

  (4) The Department shall make a reasonable effort to modify quotas to ensure that the Maryland portion of the coast-wide quota is harvested and not exceeded.

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

G. Summer Flounder Study Area.

  (1) Study Area. The study area is that part of the Atlantic Ocean located between 1 and 3 miles from the Maryland shoreline.

  (2) The study shall:

    (a) Occur May 1 through May 15 and October 16 through October 31, dates inclusive; and

    (b) Conclude on May 16, 2016.

  (3) Any individual licensed to catch finfish for commercial purposes may harvest summer flounder in accordance with this section.

  (4) Notwithstanding §B(2) of this regulation, a commercial licensee fishing in the study area may not catch or possess a summer flounder less than 14 inches total length, regardless of the gear type used.

  (5) An individual participating in this study shall comply with all other commercial fishing requirements of this regulation.

  (6) During the study period described in §G(2) of this regulation, a commercial licensee may not engage in fishing activities in the Atlantic Ocean within 1 mile of the Maryland shore, its coastal bays, or their tidal tributaries while in possession of summer flounder, caught by hook and line, that are less than the size described in §B(2)(a) of this regulation.

#### Regulation .13 Weakfish and Spotted Sea Trout.

*COMAR 08.02.05.13*

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.

B. Recreational Catch Limits. Except for a person licensed to catch finfish for sale, a person may not catch or possess more than one weakfish and four spotted sea trout per day.

C. Commercial Harvest of Weakfish.

  (1) Atlantic Ocean, Its Coastal Bays, and Their Tidal Tributaries.

    (a) A person may not catch, possess, or land more than 100 pounds of weakfish per day or trip, whichever is longer;

    (b) The weight of the weakfish may not exceed the weight of the catch of the other species on board the vessel; and

    (c) Harvest of weakfish with hook and line is prohibited.

  (2) Chesapeake Bay and Its Tidal Tributaries.

    (a) Hook and Line.

      (i) The open commercial season for harvesting weakfish with hook and line is August 1 through September 30.

      (ii) A person may not catch, possess, or land more than 50 pounds of weakfish per day or trip, whichever is longer.

      (iii) No bycatch of weakfish is permitted outside of the open commercial season.

    (b) All Other Gears.

      (i) A person may not catch, possess, or land more than 50 pounds of weakfish per day or trip, whichever is longer.

      (ii) The weight of the weakfish catch may not exceed the weight of the catch of the other species on board the vessel.

D. Commercial Harvest of Spotted Sea Trout. A person may not catch, possess, or land more than 150 pounds of spotted sea trout per day or trip, whichever is longer.

E. Net Mesh Size Restrictions.

  (1) Trawls. A person may not use a trawl with mesh less than 3-3/8 inches square or 3-3/4 inches diamond stretched mesh size to catch weakfish or spotted sea trout.

  (2) Gill Nets. A person may not use a gill net with stretched mesh size less than 3 inches to catch weakfish or spotted sea trout.

F. Public Notice. The Secretary:

  (1) May modify, open, or close a season by publishing notice in a daily newspaper of general circulation at least 48 hours in advance, stating the effective hour and date; and

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

#### Regulation .14 Spanish Mackerel.

*COMAR 08.02.05.14*

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.

B. Commercial Fishery.

  (1) Minimum Size. An individual licensed to catch fish for commercial purposes may not catch or possess a Spanish mackerel less than 14 inches total length.

  (2) Catch Limit. No more than 3,500 pounds of Spanish mackerel may be landed per vessel per day or trip, whichever is longer, regardless of the number of licensees on board the vessel.

  (3) Season. The commercial season for catching Spanish mackerel is March 1 through the last day of February.

C. General.

  (1) The Secretary may modify catch limits or size limits or open or close a season as required by the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Spanish Mackerel by publishing notice in a daily newspaper of general circulation at least 48 hours in advance of the modification, stating the effective hour and date.

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

#### Regulation .15 Black Drum.

*COMAR 08.02.05.15*

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.

B. Commercial Fishery.

  (1) Atlantic Ocean.

    (a) The annual total allowable landings is 1500 pounds.

    (b) A commercial licensee may not catch or possess black drum less than 16 inches in total length.

  (2) Coastal Bays of the Atlantic Ocean and Their Tributaries. Except for purposes of scientific investigation approved by the Department, a commercial licensee may not catch, possess, or sell black drum.

  (3) Chesapeake Bay and Its Tidal Tributaries.

    (a) A commercial licensee may not catch or possess black drum less than 28 inches in total length.

    (b) The daily catch and possession limit is ten black drum per vessel per day, regardless of the number of commercial licensees on board the vessel.

C. Public Notice.

  (1) The Secretary may establish or modify catch limits, size limits, and seasons for black drum in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Black Drum, 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 a public notice issued under this section through various other media so that an affected person has a 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.

#### Regulation .16 Red Drum.

*COMAR 08.02.05.16*

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.

B. Commercial Fishery.

  (1) A commercial licensee may not catch or possess red drum less than 18 inches in total length or greater than 25 inches in total length.

  (2) A commercial licensee may not catch or possess more than five red drum per day.

#### Regulation .17 Cobia.

*COMAR 08.02.05.17*

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.

C. Public Notice.

  (1) The Secretary may establish or modify catch limits, size limits and seasons for cobia in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for the Atlantic Migratory Group of Cobia, 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 a public notice issued under this section through various other media so that an affected individual has a 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.

#### Regulation .18 Croaker.

*COMAR 08.02.05.18*

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.

B. Recreational Catch Limit. Except for a person licensed to catch finfish for sale, a person may not catch or possess more than 25 croaker per day.

C. Commercial Season. The commercial season for taking croaker is March 16 through December 31.

D. General.

  (1) The Secretary may modify catch limits or open or close a season for croaker by publishing notice in a daily newspaper of general circulation at least 48 hours in advance, stating the effective hour and date of the modification.

  (2) The Secretary shall make a reasonable effort to disseminate public notice of a modification under §D(1) of this regulation through various other media so that an affected person has reasonable opportunity to be informed of the modification.

#### Regulation .19 Black Bass — Largemouth Bass and Smallmouth Bass.

*COMAR 08.02.05.19*

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.

B. Catch Limit. An individual may not possess more than five black bass.

C. Gear Restrictions.

  (1) An individual may not catch black bass in any manner in the tidal waters of the State except with rod or hook and line using natural or artificial baits.

  (2) An individual shall immediately return unharmed to the water any black bass caught in a net, seine, or other device while engaged in other fishing.

D. General Prohibitions. Except as provided in COMAR 08.02.14, an individual may not sell, offer to buy or sell, expose for sale, or purchase any black bass at any time.

#### Regulation .20 Tautog.

*COMAR 08.02.05.20*

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.

B. Season and Creel Limit.

  (1) From July 1 through October 31, an individual may not catch and possess more than two tautog per day.

  (2) From November 1 through May 15 of the following year, an individual may not catch and possess more than four tautog per day.

C. Commercial Gear and Tagging Requirements.

  (1) A pot or trap used to catch tautog shall have hinges or fasteners on one panel or door made of one of the following degradable materials:

    (a) Untreated hemp or jute string of 3/16 inch in diameter or smaller;

    (b) Magnesium alloy timed float releases (pop-up devices) or similar magnesium alloy fasteners; or

    (c) Ungalvanized or uncoated iron wire of 0.094 inch in diameter or smaller.

  (2) Before removing any tautog caught for commercial purposes from a boat or removing a boat from the water, a person shall affix a tag supplied by the Department to the cheek bone of the tautog.

  (3) Tags:

    (a) Shall be supplied by the Department;

    (b) Are not transferrable;

    (c) Expire at the end of each calendar year;

    (d) May not be reused, defaced, modified, or counterfeited;

    (e) Shall be securely affixed to a whole tautog or accompany fillets until sale to the final consumer; and

    (f) Shall only be used by the commercial tidal fish licensee to whom they were assigned.

  (4) A licensee shall return unused tags to the Department not later than February 15 of each year.

  (5) Tautog caught for commercial purposes shall be landed in the state that is identified on the tag.

D. General.

  (1) The Secretary may modify catch limits or size limits or open or close a season in order to implement the Atlantic States Marine Fisheries Commission Fishery Management Plan for Tautog 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 reasonable effort to disseminate 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.

  (5) An individual may not sell or purchase a commercially caught tautog, alive or dead, that has not been tagged in accordance with this regulation.

#### Regulation .21 Black Sea Bass.

*COMAR 08.02.05.21*

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.

C. Licenses and Permits.

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

  (2) A vessel which is used to catch, possess, or land black sea bass for commercial purposes from the waters of the Exclusive Economic Zone (EEZ) of the Atlantic Ocean shall be permitted by the National Marine Fisheries Service in accordance with 50 CFR §648.4.

  (3) A permittee may catch, possess, or land black sea bass for commercial purposes on a vessel other than the vessel declared on the permittee's permit if in possession of the permit issued to the permittee, and the undeclared vessel is permitted by the National Marine Fisheries Service.

  (4) Declaration.

    (a) A tidal fish licensee shall declare their intent to fish for black sea bass by August 31 of each year.

    (b) A tidal fish licensee who has not declared by August 31 of the current year, and who has not declared late in any of the 3 preceding years, may apply until September 14 of the current year, or the next business day if September 14 occurs on a weekend, to the Director of Fisheries Service, provided the licensee shows good reason why the application should be processed.

    (c) An exception to the September 14 deadline 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 established in this subsection.

    (d) The federally registered name or the State registration numbers of the permitted vessels owned by the permittee shall be indicated at the time of application for the permit and declared on the Maryland black sea bass landing permit.

    (e) Any change in vessel ownership shall be reported to the Department so that a revised permit card may be issued.

  (5) Black Sea Bass Landing Permit.

    (a) No more than 14 black sea bass landing permits may be issued by the Department. The number of black sea bass landing permits is based on the reported catch and landing records of black sea bass in Maryland during 19962001.

    (b) The Department may issue a permit to catch and land black sea bass in Maryland to a person who is licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, owns or has a share of ownership in a federally permitted vessel, and:

      (i) Declared or was eligible to declare, in the previous year, an intent to fish for black sea bass in accordance with §C(4) of this regulation and has not transferred the permit; or

      (ii) Received a black sea bass landing permit through a permanent business transfer in accordance with §C(6) of this regulation.

  (6) Permanent Transfer of a Landing Permit. The Department may approve a permanent transfer of a Maryland black sea bass landing permit to an individual who applies to the Department requesting the transfer on forms provided by the Department.

  (7) Temporary transfers of black sea bass landing permits are not permitted.

  (8) Operators.

    (a) An operator means an individual who is not a permittee and 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 black sea bass landing permit.

    (c) An operator may catch, possess, or land black sea bass for commercial purposes on a vessel owned by a permittee and in possession of that permittee's permit.

  (9) Regardless of the number of authorized individuals with Maryland black sea bass landing permits on board a federally permitted vessel, no more than two black sea bass quotas may be fished from one vessel per trip.

D. Gear Restrictions.

  (1) Trawls.

    (a) Except for an individual landing less than a total of 500 pounds of black sea bass from January 1 through March 31 or 100 pounds of black sea bass from April 1 through December 31, a person may not use a trawl with mesh less than 4-1/2 inch diamond mesh applied throughout the:

      (i) Codend for at least 75 continuous meshes forward of the end of the net; or

      (ii) Entire net for codends with fewer than 75 meshes.

    (b) An individual may not use a roller rig trawl with a roller diameter in excess of 18 inches.

  (2) Pots and Traps. A pot or trap used to catch black sea bass shall have:

    (a) Two unobstructed escape vents located in the parlor portion of the trap that are each at least a:

      (i) 2-1/2 inch diameter circular opening;

      (ii) 2 inch by 2 inch square opening; or

      (iii) 1-3/8 inch by 5-3/4 inch rectangular opening; and

    (b) One panel or door that is a minimum of 3 inches by 6 inches that has hinges and fasteners made of one of the following degradable materials:

      (i) Untreated hemp or jute string of 3/16 inch in diameter or less;

      (ii) Magnesium alloy fasteners; or

      (iii) Ungalvanized, uncoated iron wire of 0.094 inch diameter or smaller.

E. Reporting and Penalties.

  (1) In addition to the requirements of Natural Resources Article, §4-206, Annotated Code of Maryland, an individual in possession of a Maryland black sea bass landing permit shall record the harvest of black sea bass on the permit daily and submit the completed permit to the Department within 14 days from the end of the black sea bass season.

  (2) A dealer shall transmit information weekly, or as requested, on each black sea bass transaction through the Department-approved reporting system.

  (3) The Department may withhold quota allocation for a black sea bass landing permit for failing to comply with §E(1) of this regulation during the previous season.

  (4) The Department may deny an application for a black sea bass landing permit for failing to comply with §E(1) of this regulation during the previous season.

F. General.

  (1) The Secretary may establish or modify catch limits, size limits, quotas, and seasons for black sea bass in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Black Sea Bass, by issuing a public notice on the Fisheries Service website.

  (2) The public notice shall state its effective hour and date and shall be published on the Fisheries Service website at least 48 hours in advance of the effective hour and date.

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

  (4) The Department shall make a reasonable effort to modify quotas to ensure that the Maryland portion of the coastwide quota is harvested and not exceeded.

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

#### Regulation .22 Scup.

*COMAR 08.02.05.22*

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.

B. Commercial Gear Restrictions.

  (1) Except as provided in §B(2) of this regulation, a person may not use a trawl with mesh less than 5 inch diamond mesh applied throughout the:

    (a) Codend for at least 75 continuous meshes forward of the end of the net; or

    (b) Entire net for codends with less than 75 meshes.

  (2) A trawl shall meet the requirements specified in §B(1) of this regulation unless the individual:

    (a) Possesses less than:

      (i) 1,000 pounds of scup per trip during the period October 1 through April 14;

      (ii) 2,000 pounds of scup per trip during the period April 15 through June 15; or

      (iii) 200 pounds of scup per trip during the period June 16 through September 30; and

    (b) Stores the scup separately from all other species.

  (3) A person may not use a roller rig trawl with a roller diameter in excess of 18 inches to catch scup.

  (4) Pots and Traps. A pot or trap used to catch scup shall have:

    (a) An escape vent of at least a:

      (i) 3.1 inch diameter round opening; or

      (ii) 2.25 inch square opening; and

    (b) Hinges or fasteners on one panel or door made of one of the following degradable materials:

      (i) Untreated hemp or jute string of 3/16 inch in diameter or smaller;

      (ii) Magnesium alloy fasteners; or

      (iii) Ungalvanized or uncoated iron wire of 0.062 inch in diameter or smaller.

C. Catch Limits.

  (1) Commercial Catch Limits. 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.

  (2) A commercial tidal fish licensee may not catch, possess, or land more pounds of scup daily than as set forth in §C(1) of this regulation.

  (3) Recreational Catch Limits. An individual may not catch or possess more than 50 scup per day.

D. General.

  (1) The Secretary may establish or modify a season, size limit, or catch limit in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Scup 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 reasonable effort to disseminate 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.

#### Regulation .23 Bluefin Tuna.

*COMAR 08.02.05.23*

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.

C. Reporting.

  (1) A person shall maintain and submit all reports in accordance with 50 CFR 635 and 50 CFR 648.

  (2) In addition to §C(1) of this regulation, any person licensed under Natural Resources Article, §§4-210 or 4-701, Annotated Code of Maryland shall report their harvest in accordance with COMAR 08.02.13.06.

D. A person shall land bluefin tuna whole.

#### Regulation .24 Spiny Dogfish.

*COMAR 08.02.05.24*

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 Season and 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 §J of this regulation.

  (4) The public notice establishing the commercial catch limit issued in accordance with §J 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 paying the permit fee in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, between August 1 and March 31 of the following year, dates inclusive.

  (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) Temporary transfers of spiny dogfish landing permits are not permitted.

  (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. Commercial Gear.

  (1) Definition.

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

    (b) Term Defined. “Roundfish gill net” means a gill net that is constructed with floats on the float line and that has no tie-down twine between the float line and the lead line.

  (2) In waters of the Atlantic Ocean, during the period from November 1 through March 31, a roundfish gill net with mesh size equal to or greater than 5.25 inches and less than 10 inches:

    (a) May not be set prior to 5 a.m. each day; and

    (b) Shall be removed from the water no later than 8 p.m. each day.

  (3) The restriction in §I(2) of this regulation applies only to a commercial tidal fish licensee who:

    (a) Holds a valid Maryland spiny dogfish permit; and

    (b) Does not hold a federal spiny dogfish permit.

J. 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 §I 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.

#### Regulation .25 Monkfish.

*COMAR 08.02.05.25*

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.

#### Regulation .26 Billfish.

*COMAR 08.02.05.26*

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).

B. A person may not catch, possess, or land billfish 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 billfish in violation of the:

  (1) Catch limit established in 50 CFR 635; and

  (2) Size specifications established in 50 CFR 635.

D. Reporting.

  (1) A person shall maintain and submit all reports in accordance with 50 CFR 635 and 50 CFR 648.

  (2) In addition to §D(1) of this regulation, any person licensed under Natural Resources Article, §§4-210 or 4-701, Annotated Code of Maryland shall report their harvest in accordance with COMAR 08.02.13.06.

E. A person that lands a billfish may eviscerate the billfish but it shall otherwise be maintained whole with its head, fins, and bill intact through offloading.

#### Regulation .27 Swordfish.

*COMAR 08.02.05.27*

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.

D. Reporting.

  (1) A person shall maintain and submit all reports in accordance with 50 CFR 635 and 50 CFR 648.

  (2) In addition to §D(1) of this regulation, any person licensed under Natural Resources Article, §§4-210 or 4-701, Annotated Code of Maryland shall report their harvest in accordance with COMAR 08.02.13.06.

E. A person that owns or operates a fishing vessel that possesses a swordfish in the Atlantic Ocean or lands a swordfish shall maintain the swordfish in round or dressed form as defined in 50 CFR 635 through off-loading.

#### Regulation .28 Walleye.

*COMAR 08.02.05.28*

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.

B. Commercial Fishery.

  (1) Size Limit. An individual may not catch or possess, in tidal waters, walleye less than 15 inches total length.

  (2) Season. An individual may catch, possess, sell, and transport, for commercial purposes, walleye, from tidal waters only, from March 15 through November 30.

C. General.

  (1) An individual may use only hook and line to catch walleye.

  (2) Catch Limit. An individual may not catch or possess more than five walleye caught in tidal waters per day.

#### Regulation .29 Snapper Grouper Complex.

*COMAR 08.02.05.29*

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).

  (2) Sheepshead (Archosargus probatocephalus).

  (3) Other. The remaining species of the snapper grouper complex are:

    (a) Queen snapper (Etelis oculatus);

    (b) Yellowtail snapper (Ocyurus chrysurus);

    (c) Gray snapper (Lutjanus griseus);

    (d) Mutton snapper (Lutjanus analis);

    (e) Lane snapper (Lutjanus synagris);

    (f) Cubera snapper (Lutjanus cyanopterus);

    (g) Dog snapper (Lutjanus jocu);

    (h) Schoolmaster (Lutjanus apodus);

    (i) Mahogany snapper (Lutjanus mahogoni);

    (j) Vermilion snapper (Rhomboplites aurorubens);

    (k) Red snapper (Lutjanus campechanus);

    (l) Silk snapper (Lutjanus vivanus);

    (m) Blackfin snapper (Lutjanus buccanella);

    (n) Black snapper (Apsilus dentatus);

    (o) Red porgy (Pagrus pagrus);

    (p) Knobbed porgy (Calamus nodosus);

    (q) Jolthead porgy (Calamus bajonado);

    (r) Whitebone porgy (Calamus leucosteus);

    (s) Saucereye porgy (Calamus calamus);

    (t) Grass porgy (Calamus arctifrons);

    (u) Longspine porgy (Stenotomus caprinus);

    (v) White grunt (Haemulon plumieri);

    (w) Black margate (Anisotremus surinamensis);

    (x) Margate (Haemulon album);

    (y) Tomtate (Haemulon aurolineatum);

    (z) Sailor's choice (Haemulon parra);

    (aa) Porkfish (Anisotremus virginicus);

    (bb) Bluestriped grunt (Haemulon sciurus);

    (cc) French grunt (Haemulon flavolineatum);

    (dd) Cottonwick (Haemulon melanurum);

    (ee) Spanish grunt (Haemulon macrostomum);

    (ff) Smallmouth grunt (Haemulon chrysargeryum);

    (gg) Greater amberjack (Seriola dumerili);

    (hh) Crevalle jack (Caranx hippos);

    (ii) Blue runner (Caranx crysos);

    (jj) Almaco jack (Seriola rivoliana);

    (kk) Banded rudderfish (Seriola zonata);

    (ll) Bar jack (Caranx ruber);

    (mm) Lesser amberjack (Seriola fasciata);

    (nn) Yellow jack (Caranx bartholomaei);

    (oo) Gray triggerfish (Balistes capriscus);

    (pp) Ocean triggerfish (Canthidermis sufflamen);

    (qq) Queen triggerfish (Balistes vetula);

    (rr) Hogfish (Lachnolaimus maximus);

    (ss) Puddingwife (Halichoeres radiates); and

    (tt) Atlantic spadefish (Chaetodipterus faber).

B. Season. The season for taking species listed in §A of this regulation is January 1 through December 31.

C. Size Limit.

  (1) Except as provided in §C(2) of this regulation, there is no minimum or maximum size limit for the species listed in §A of this regulation.

  (2) A recreational angler may not catch or possess a sheepshead less than 12 inches in total length.

D. Recreational. An individual may not catch or possess more than:

  (1) One of any species or any combination of the species listed in §A(1) of this regulation;

  (2) Four sheepshead; and

  (3) For species listed in §A(3) of this regulation:

    (a) Ten of any single species; and

    (b) 20 of any combination of the species.

E. Commercial.

  (1) The weight limits of this section are the total combined weight of all species defined as grouper.

  (2) Grouper. A commercial licensee may not harvest, possess, or land more than 175 pounds of grouper per trip.

F. Public Notice.

  (1) The Secretary may establish or modify catch limits, size limits, and seasons for species identified in §A of this regulation in order to comply with species management through National Oceanic and Atmospheric Administration Fisheries, 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) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.

#### Regulation .30 Tilefish.

*COMAR 08.02.05.30*

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).

B. A person may not catch, possess, or land tilefish in violation of the:

  (1) Catch limit established in accordance with 50 CFR 648;

  (2) Size specifications established in accordance with 50 CFR 648;

  (3) Season established in accordance with 50 CFR 648; and

  (4) Gear specifications established in accordance with 50 CFR 648.

C. General.

  (1) All commercially harvested tilefish may be eviscerated, but shall be landed with the head and fins naturally attached to the carcass.

  (2) A person may not catch, possess, or land tilefish when the National Oceanic and Atmospheric Administration closes the fishery in federal waters.

  (3) Tilefish 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.

  (4) A commercial licensee in possession of a valid Golden Tilefish Individual Fishing Quota issued by National Oceanic and Atmospheric Administration Fisheries may possess and land golden tilefish in accordance with the individual fishing quota.

#### Regulation .31 Longnose Gar.

*COMAR 08.02.05.31*

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.

### Chapter 06 — Snapping Turtles

**Authority:** Natural Resources Article, §§4-218 and 4-738, Annotated Code of Maryland

**Administrative History:** Effective date: June 25, 1975 (2:14 Md. R. 1014)

**Administrative History:** Regulation .01 amended as an emergency provision effective June 30, 2008 (35:15 Md. R. 1344); emergency status expired effective December 27, 2008

**Administrative History:** Regulation .01 amended effective March 23, 2009 (36:6 Md. R. 489)

**Administrative History:** Regulation .01G amended effective February 22, 2010 (37:4 Md. R. 338); March 17, 2014 (41:5 Md. R. 341); October 27, 2014 (41:21 Md. R. 1259)

**Administrative History:** Regulation .01H amended effective March 17, 2014 (41:5 Md. R. 341)

**Administrative History:** Regulation .02 amended effective February 28, 1983 (10:4 Md. R. 315); April 13, 1992 (19:7 Md. R. 744)

**Administrative History:** Regulation .02 amended as an emergency provision effective August 1, 2006 (33:17 Md. R. 1435); amended permanently effective September 25, 2006 (33:19 Md. R. 1558)

**Administrative History:** Regulation .02 repealed effective June 28, 2010 (37:13 Md. R. 851)

**Administrative History:** Regulation .02A amended effective August 3, 1977 (4:16 Md. R. 1211)

#### Regulation .01 Snapping Turtles.

*COMAR 08.02.06.01*

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.

C. Methods of Taking Snapping Turtles.

  (1) A person may not catch a snapping turtle from the waters of the State by the use of a hook and line, trot line, bow and arrow, spear, gig or gig iron, or any other device capable of piercing any part of a turtle.

  (2) Nontidal Waters. In addition to the gear prohibited in §C(1) of this regulation, a person may not catch a snapping turtle from nontidal waters of the State by the use of a net, seine, fish pot, trap, or other fishing rig.

D. Measuring a Snapping Turtle. The length of a snapping turtle shall be measured:

  (1) Along the curvature of the carapace with a flexible tape measure that conforms to the snapping turtle's shell; and

  (2) From the nuchal scute, the scute directly behind the turtle's head, to the base of the notch where the two most posterior scutes meet, as described on the harvester's snapping turtle harvest permit card.

E. Season. The only place and time that a person may not catch or attempt to catch snapping turtles is in the tributary waters of Charles County from April 15 to May 31, inclusive.

F. Eggs and Nests. A person may not possess, destroy, or disturb snapping turtle eggs or disturb the nest of a snapping turtle.

G. Commercial Fishery.

  (1) General Requirements and Restrictions.

    (a) A person may not harvest or possess a snapping turtle for commercial purposes that has a carapace length that is less than 11 inches, measured in accordance with §D of this regulation.

    (b) A person may not buy, sell, or offer to buy or sell any snapping turtle harvested from the nontidal waters of the State.

    (c) A person catching snapping turtles for commercial purposes shall:

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

      (ii) Have the Department-issued snapping turtle harvest permit in possession while harvesting or transporting snapping turtles.

  (2) Snapping Turtle Harvest Permit.

    (a) Snapping turtle harvest permits shall be issued to all licensees who have:

      (i) Paid the fee for a snapping turtle permit as required by Natural Resources Article, §4-701, Annotated Code of Maryland; and

      (ii) Met all reporting requirements as required by Natural Resources Article, §4-206, Annotated Code of Maryland, and this regulation.

    (b) Snapping turtle harvest permits may not be transferred.

  (3) Reporting. A person permitted by the Department to harvest snapping turtles shall:

    (a) Record their catch on the snapping turtle harvest report and on the daily commercial fisheries catch log;

    (b) Submit the snapping turtle harvest report as required by the Department and the daily commercial fisheries catch log in accordance with COMAR 08.02.13.06; and

    (c) Make available daily information, harvest report cards, and catch logs for immediate inspection on request of a Department representative.

  (4) Penalties.

    (a) In addition to any other penalty established in COMAR 08.02.13, failure to comply with this regulation may result in the denial of a subsequent permit.

    (b) Prior to suspending a permit under this regulation or denying an application for a permit, 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.

  (5) Float Requirements for Traps. A trap used to catch snapping turtles shall have a solid foam or hard plastic float inserted inside the trap that will bring a portion of the trap to the surface of the water and provide breathing space for trapped turtles.

H. Noncommercial Taking and Possession; Pets.

  (1) A person may not take or possess a snapping turtle from the wild that has a carapace length that is less than 4 inches.

  (2) A person may not possess more than one snapping turtle taken from the wild for noncommercial purposes.

  (3) A person must be licensed in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland, to take or possess a snapping turtle from nontidal waters for noncommercial purposes.

  (4) A person need not be licensed in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, to take or possess a snapping turtle from tidal waters for noncommercial purposes.

I. Release of Captive Snapping Turtles. A person may only release a snapping turtle taken from the wild back to the wild if the person has obtained prior written authorization from the Department.

J. Exceptions. The provisions of §§C, E, and F of this regulation do not apply to a person who:

  (1) Is authorized by a scientific collection permit in accordance with Natural Resources Article, §4-212, Annotated Code of Maryland;

  (2) Is authorized by a landowner wildlife damage control permit in accordance with Natural Resources Article, §10-206, Annotated Code of Maryland; or

  (3) Is authorized by a commercial wildlife damage control permit in accordance with Natural Resources Article, §10-908, Annotated Code of Maryland.

K. Public Notice.

  (1) The Secretary may modify size limits or open, close, or modify a season by publishing notice in a daily newspaper of general circulation at least 48 hours in advance, 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.

### Chapter 07 — Hard-Shell Clams

**Authority:** Natural Resources Article, §§4-215, 4-1021, 4-1023, and 4-1027, Annotated Code of Maryland

**Administrative History:** Effective date: July 23, 1975 (2:16 Md. R. 1138)

**Administrative History:** Regulations .01A and C, .02C and D, .03, and .04B amended effective August 15, 1983 (10:16 Md. R. 1451)

**Administrative History:** Regulation .02 amended effective July 4, 1983 (10:13 Md. R. 1179)

**Administrative History:** Regulation .03 amended effective September 14, 1981 (8:18 Md. R. 1477)

**Administrative History:** Regulation .05 adopted as an emergency provision effective December 19, 1977 (4:27 Md. R. 2094)

**Administrative History:** Chapter recodified from COMAR 08.02.01 to COMAR 08.02.07 effective April 29, 1991 (18:8 Md. R. 863)

**Administrative History:** Regulation .02 amended as an emergency provision effective September 15, 2002 (29:22 Md. R. 1714); amended permanently effective February 17, 2003 (30:3 Md. R. 177)

**Administrative History:** Regulation .02C amended effective June 24, 1991 (18:12 Md. R. 1337)

**Administrative History:** Regulation .02E amended effective October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Regulation .02F amended effective March 11, 1996 (23:5 Md. R. 378)

**Administrative History:** Regulation .03 amended as an emergency provision effective June 8, 1993 (20:13 Md. R. 1043); emergency status expired August 31, 1993

**Administrative History:** Regulation .03 amended as an emergency provision effective May 1, 1994 (21:11 Md. R. 948); emergency status expired June 1, 1994

**Administrative History:** Regulation .03 amended effective March 11, 1996 (23:5 Md. R. 378)

**Administrative History:** Regulation .03 amended as an emergency provision effective September 15, 2002 (29:22 Md. R. 1714); amended permanently effective February 17, 2003 (30:3 Md. R. 177)

**Administrative History:** Chapter revised effective November 30, 2009 (36:24 Md. R. 1857)

**Administrative History:** Regulation .02 amended effective September 6, 2010 (37:18 Md. R. 1213)

**Administrative History:** Regulation .03C adopted effective September 6, 2010 (37:18 Md. R. 1213)

**Administrative History:** Regulation .03C amended effective January 29, 2018 (45:2 Md. R. 68)

**Administrative History:** Chapter revised effective November 13, 2023 (50:22 Md. R. 973)

#### Regulation .01 Recreational Fishery.

*COMAR 08.02.07.01*

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.

B. An individual may not offer to sell or sell hard-shell clams that were caught for recreational purposes.

C. An individual shall only use hand-operated gear to catch hard-shell clams.

#### Regulation .02 Use of Hard-Shell Clam Dredges in Tangier Sound and Pocomoke Sound.

*COMAR 08.02.07.02*

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

  (2) Pocomoke Sound that are southwesterly of a straight line drawn from Maryland-Virginia boundary marker “D” defined by Lat. 37°56.473' N, Long. 75° 45.705' W; then running 342° True to a point at the most easterly point of the sound at the mouth of Gunby Creek defined by Lat. 37°58.410' N, Long. 75°46.498' W, except as provided in §C of this regulation.

C. Exception. Hard-shell clams may not be taken with a dredge in the waters of Apes Hole Creek westerly of a line drawn from a point at Cedar Gut defined by Lat. 37°57.448' N, Long. 75°48.752' W; then running 215° True to a point at Long Point defined by Lat. 37°56.854' N, Long. 75° 49.283 W.

#### Regulation .03 Commercial Fishery.

*COMAR 08.02.07.03*

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.

  (2) From October 1 through April 30, an individual harvesting hard-shell clams for commercial purposes:

    (a) Shall land hard-shell clams not later than 1 hour after sunset 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 9 p.m. on the same day of harvest.

  (3) An individual shall notify the Natural Resources Police when there is an emergency which would prevent compliance with the times specified in this section.

D. In addition to the requirements of this chapter, a commercial licensee who harvests hard-shell clams shall harvest hard-shell clams in accordance with the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A.

#### Regulation .04 Container and Tagging Requirements.

*COMAR 08.02.07.04*

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.

B. Containers. Hard-shell clams harvested for commercial purposes shall:

  (1) Be stored prior to leaving the growing area from which they were harvested in a container of any size or dimension; and

  (2) Remain in the original container until a tag is no longer required on the container in accordance with §C(3)(d) of this regulation.

C. Tagging.

  (1) An individual shall complete and affix a Department-issued tag to each container of hard-shell clams prior to leaving the growing area from which they were harvested.

  (2) An individual may use a tag not supplied by the Department if:

    (a) The individual:

      (i) 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) Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; and

    (b) Each tag the individual uses contains the statement “Wild Shellfish”, the state in which the harvest occurred, and, in the order specified, the following information:

      (i) The harvester’s license number as assigned by the Department;

      (ii) The date of harvest, including the year;

      (iii) The name of the river, region, or the National Oceanic and Atmospheric Administration code for the area in which the harvest occurred;

      (iv) The type and quantity of shellfish; and

      (v) The statement “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS” in bold capitalized type.

  (3) Tags:

    (a) Shall be durable and waterproof;

    (b) Shall be at least 5-½ x 2-¾ inches in size;

    (c) Shall be completed legibly in indelible ink;

    (d) Shall stay affixed to the container until the container is in the possession of 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

    (e) May not be reused.

  (4) In addition to the tagging requirements of this regulation, 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 shall follow the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01.

  (5) An individual shall only possess one type of tag, wild shellfish or farm-raised shellfish, while harvesting hard-shell clams.

  (6) An individual may not use a:

    (a) Farm-raised shellfish tag to tag wild shellfish; or

    (b) Wild shellfish tag to tag farm-raised shellfish.

  (7) If a tidal fish licensee obtains tags from the Department, the licensee shall be assessed an annual surcharge for the costs incurred by the Department for the tags.

D. Exemptions.

  (1) Hard-shell clams harvested recreationally for the person’s own use and consumption are exempt from the requirements of §B of this regulation.

  (2) Hard-shell clams harvested from a lease and stored and tagged in accordance with COMAR 08.02.23.04 are exempt from the requirements of §§B and C of this regulation.

#### Regulation .05 General.

*COMAR 08.02.07.05*

A. Size Limit.

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.

D. Subject to §C of this regulation, an individual may catch hard-shell clams only from waters approved for shellfish harvest by the Maryland Department of the Environment.

### Chapter 08 — Shellfish — General

**Authority:** Natural Resources Article, §§4-11A-13, 4-206, 4-215, 4-2A-03, 4-701, 4-743, 4-901, 4-904, 4-1004, 4-1007, 4-1020, 4-1027, 4-1028, 4-1033, 4-1035, 4-1043, and 4-1106, Annotated Code of Maryland

**Administrative History:** Effective date: July 23, 1975 (2:16 Md. R. 1138)

**Administrative History:** Regulation .01C adopted as an emergency provision effective April 5, 1991 (18:9 Md. R. 1003); emergency status extended at 18:20 Md. R. 2197); adopted permanently effective November 11, 1991 (18:22 Md. R. 2395)

**Administrative History:** Regulations .02 and .03 amended effective August 15, 1983 (10:16 Md. R. 1450)

**Administrative History:** Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1143); emergency status expired January 9, 2012

**Administrative History:** Regulation .02 amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .03 amended effective October 25, 1982 (9:21 Md. R. 2105)

**Administrative History:** Regulation .03 repealed effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .03 adopted effective March 24, 2008 (35:6 Md. R. 696)

**Administrative History:** Regulation .04 amended effective October 25, 1982 (9:21 Md. R. 2105)

**Administrative History:** Regulation .04A, C, D amended effective January 31, 2005 (32:2 Md. R. 145)

**Administrative History:** Regulation .04A—D amended August 25, 1975 (2:20 Md. R. 1298)

**Administrative History:** Regulation .04A—C amended effective December 21, 1981 (8:25 Md. R. 1994)

**Administrative History:** Regulation .04 repealed effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .04 adopted effective August 24, 2009 (36:17 Md. R. 1312)

**Administrative History:** Regulation .05 amended effective October 25, 1982 (9:21 Md. R. 2105)

**Administrative History:** Regulation .05A—C amended November 26, 1975 (2:27 Md. R. 1628); January 21, 2005 (32:2 Md. R. 145)

**Administrative History:** Regulation .05 repealed effective April 7, 2008 (35:7 Md. R. 747)

**Administrative History:** Regulation .05 adopted as an emergency provision effective July 20, 2011 (38:17 Md. R. 1011); adopted permanently effective October 17, 2011 (38:21 Md. R. 1276)

**Administrative History:** Regulation .06 adopted effective August 8, 1980 (7:16 Md. R. 1594)

**Administrative History:** Regulation .06 amended effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .06C adopted effective June 12, 1981 (8:12 Md. R. 1060)

**Administrative History:** Regulation .06 repealed effective September 6, 2010 (37:18 Md. R. 1214)

**Administrative History:** Regulation .06, Jonah Crabs, adopted effective September 12, 2016 (43:18 Md. R. 1017)

**Administrative History:** Regulation .06C, E amended effective February 26, 2018 (45:4 Md. R. 205)

**Administrative History:** Regulation .07 adopted effective May 23, 1983 (10:10 Md. R. 872)

**Administrative History:** Regulation .08 adopted effective February 28, 1983 (10:4 Md. R. 315)

**Administrative History:** Regulation .08 amended as an emergency provision effective April 11, 1988 (15:9 Md. R. 1107)

**Administrative History:** Regulation .08 amended effective March 20, 1989 (16:5 Md. R. 627)

**Administrative History:** Regulation .08 amended as an emergency provision effective April 5, 1991 (18:9 Md. R. 1004); amended permanently effective August 5, 1991 (18:15 Md. R. 1725)

**Administrative History:** Regulation .08 amended effective January 31, 2005 (32:2 Md. R. 145)

**Administrative History:** Regulation .08 repealed effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .08 adopted effective March 21, 2022 (49:6 Md. R. 405)

**Administrative History:** Regulation .09 adopted as an emergency provision effective April 1, 1983 (10:11 Md. R. 462); emergency status expired July 31, 1983

**Administrative History:** Regulation .09 adopted as an emergency provision effective April 1, 1984 (11:7 Md. R. 621); emergency status expired July 31, 1984 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulation .09 adopted effective August 27, 1984 (11:17 Md. R. 1490)

**Administrative History:** Regulation .09 amended effective May 6, 1985 (12:9 Md. R. 810); October 1, 1990 (17:19 Md. R. 2320)

**Administrative History:** Regulation .09 repealed effective September 24, 2007 (34:19 Md. R. 1649)

**Administrative History:** Regulation .10 adopted effective September 10, 1984 (11:18 Md. R. 1583)

**Administrative History:** Regulation .10A amended effective October 24, 1994 (21:21 Md. R. 1812)

**Administrative History:** Regulation .10 repealed and new Regulation .10 adopted effective March 20, 2000 (27:5 Md. R. 583)

**Administrative History:** Regulation .10 amended effective December 24, 2012 (39:25 Md. R. 1611)

**Administrative History:** Regulation .10A amended effective June 30, 2008 (35:13 Md. R. 1179)

**Administrative History:** Regulation .10A, E amended effective July 5, 2004 (31:13 Md. R. 993)

**Administrative History:** Regulation .10E amended effective September 12, 2016 (43:18 Md. R. 1017)

**Administrative History:** Regulation .11 adopted effective May 18, 1987 (14:10 Md. R. 1169)

**Administrative History:** Regulation .11 repealed effective September 6, 2010 (37:18 Md. R. 1214)

**Administrative History:** Regulations .12 and .13 adopted as an emergency provision effective September 14, 1987 (14:20 Md. R. 2138); emergency status expired January 11, 1988 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulation .12 amended as an emergency provision effective September 14, 1987 (14:21 Md. R. 2217); emergency status expired January 11, 1988 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulation .12 adopted as an emergency provision effective September 15, 1988 (15:21 Md. R. 2466)

**Administrative History:** Regulation .12 amended as an emergency provision effective October 21, 1988 (15:23 Md. R. 2654); emergency status expired December 31, 1988

**Administrative History:** Regulation .12 adopted as an emergency provision effective September 15, 1989 (16:21 Md. R. 2254); emergency status expired March 31, 1990

**Administrative History:** Regulation .12 adopted as an emergency provision effective September 15, 1990 (17:20 Md. R. 2420); emergency provision amended at 18:4 Md. R. 444; emergency status expired March 31, 1991 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulation .12 adopted effective May 27, 1991 (18:10 Md. R. 1116)

**Administrative History:** Regulation .12 repealed effective September 6, 2010 (37:18 Md. R. 1214)

**Administrative History:** Regulation .12C adopted effective October 7, 1996 (23:20 Md. R. 1421)

**Administrative History:** Regulation .13 adopted as an emergency provision effective September 15, 1991 (18:18 Md. R. 2000); emergency status expired March 31, 1992

**Administrative History:** Regulation .13 adopted as an emergency provision effective September 15, 1992 (19:19 Md. R. 1701); emergency status expired March 31, 1993

**Administrative History:** Regulation .13 adopted as an emergency provision effective September 15, 1993 (20:20 Md. R. 1554); emergency status expired March 31, 1994

**Administrative History:** Regulation .13 adopted as an emergency provision effective October 1, 1994 (21:21 Md. R. 1810); emergency status expired April 1, 1995

**Administrative History:** Regulation .13 adopted as an emergency provision effective October 5, 1995 (22:22 Md. R. 1653); emergency provision amended effective November 7, 1995 (22:24 Md. R. 1873) and February 27, 1996 (23:6 Md. R. 469); emergency status expired March 31, 1996

**Administrative History:** Regulation .13 adopted as an emergency provision effective September 15, 1996 (23:19 Md. R. 1370); emergency status expired March 31, 1997

**Administrative History:** Regulation .13 adopted as an emergency provision effective October 1, 1997 (24:22 Md. R. 1550); emergency text changed at 24:25 Md. R. 1717; emergency status expired April 1, 1998

**Administrative History:** Regulation .14 adopted effective February 27, 1995 (22:4 Md. R. 235)

**Administrative History:** Regulation .14 amended effective June 5, 2017 (44:11 Md. R. 524)

**Administrative History:** Chapter revised effective November 13, 2023 (50:22 Md. R. 973)

**Administrative History:** Regulation .01 amended effective March 30, 2026 (53:6 Md. R. 286

**Administrative History:** Regulation .06E, F amended effective August 5, 2024 (51:15 Md. R. 706)

**Administrative History:** Regulation .09D adopted effective July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .10G amended effective August 5, 2024 (51:15 Md. R. 706)

**Administrative History:** Regulation .12D amended effective July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .13 adopted effective February 17, 2025 (52:3 Md. R. 159)

#### Regulation .01 Importation of Shellfish.

*COMAR 08.02.08.01*

A. Definition.

  (1) In this regulation, the following term has the meaning stated.

  (2) Term Defined. “Shellfish” means live bivalves and bivalve 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 they first obtain 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.

#### Regulation .02 Buying Station.

*COMAR 08.02.08.02*

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 Maryland Department of Health in accordance with COMAR 10.15.07.

B. A person may only sell oysters, soft-shell clams of the species Mya arenaria, or hard-shell clams at a:

  (1) Buying station; or

  (2) Location other than a buying station if:

    (a) The person selling the oysters or clams is:

      (i) Licensed and authorized to sell the person's own catch in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; and

      (ii) Licensed and certified by the Maryland Department of Health in accordance with COMAR 10.15.07; and

    (b) The oysters or clams are sold or served to ultimate consumers, and not for resale.

#### Regulation .03 Commercial License Requirement.

*COMAR 08.02.08.03*

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.

C. Except as otherwise provided in law or regulation, a person may not buy, sell, ship, transport, land, or otherwise deal in shellfish unless the person is licensed by the Department.

#### Regulation .04 Bay Scallop.

*COMAR 08.02.08.04*

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.

B. Possession or Sale of Bay Scallop Lawfully Taken in Another Jurisdiction. 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 bay scallops which were caught in waters not under Maryland jurisdiction, if the person engaging in the activity demonstrates by a bill of sale that the bay scallops were lawfully taken and lawfully removed from another jurisdiction.

#### Regulation .05 Clam Harvester Declaration.

*COMAR 08.02.08.05*

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.

B. The individual shall declare separately for each of the following species:

  (1) Soft-shell clams:

    (a) Mya arenaria; and

    (b) Razor clams (Tagelus plebeius); and

  (2) Hard-shell clams (Mercenaria mercenaria).

C. Reporting. Tidal fish licensees who declare an intent to harvest clams under this regulation shall report in accordance with COMAR 08.02.13.06 on forms provided by the Department.

D. Closure Areas.

  (1) The Department shall provide the publication as described in Natural Resources Article, §4-1006.2, Annotated Code of Maryland, to each individual declaring an intent to harvest clams.

  (2) An individual receiving the publication as described in §D(2)(a) of this regulation shall certify to the Department on the form the Department prescribes that the person received the publication.

#### Regulation .06 Jonah Crabs.

*COMAR 08.02.08.06*

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 .10E and F of this chapter; and

    (b) Has a tag that was issued by the National Marine Fisheries Service.

B. Recreational.

  (1) An individual may not possess any Jonah crab that is egg-bearing or from which eggs have been intentionally removed.

  (2) There is no season or size limit for the recreational fishery.

  (3) The daily possession limit is 50 Jonah crabs per person per day.

C. Commercial Fishery.

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

  (2) A person may not catch, land, possess, sell, offer to sell, or transport any Jonah crab:

    (a) Which is egg-bearing or from which eggs have been intentionally removed; or

    (b) Measuring less than 4-3/4 inches in width, measured at the widest part of the carapace (body shell).

  (3) A person may not remove the claws of a Jonah crab:

    (a) Which is egg-bearing or from which eggs have been intentionally removed; or

    (b) Measuring less than 4-3/4 inches in width, measured at the widest part of the carapace (body shell).

  (4) A person who removes the claws of a Jonah crab at sea may harvest:

    (a) Up to 5 gallons of claws of any size per trip; or

    (b) More than 5 gallons of claws per trip, if all claws harvested are a minimum of 2-3/4 inches in length, measured on the bottom of the claw, from the joint to the lower tip of the claw.

  (5) Maryland Jonah Crab Landing Permits.

    (a) An individual is eligible to declare for a permit to catch and land Jonah crabs in Maryland if they are properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

    (b) A landing permit is valid for the current commercial license year.

    (c) Landing permits may not be transferred.

  (6) Catch Limits.

    (a) An individual who is not in possession of a Maryland Jonah crab landing permit may not land Jonah crabs in Maryland.

    (b) An individual may land an unlimited number of Jonah crab claws and whole Jonah crabs per vessel per trip if the individual:

      (i) Harvests Jonah crabs from a federally tagged lobster trap;

      (ii) Is in possession of a valid federal lobster permit issued by the National Marine Fisheries Service; and

      (iii) Is in possession of a valid Maryland Jonah crab landing permit.

    (c) An individual may harvest Jonah crabs from gear other than a federally tagged lobster trap only if the:

      (i) Individual is in possession of a valid Maryland Jonah crab landing permit;

      (ii) Individual harvests fish species in addition to Jonah crabs during the same trip; and

      (iii) Total weight, in pounds, of the other fish species harvested is greater than that of the Jonah crabs, at all times.

    (d) An individual who harvests Jonah crabs from fishing gear other than a federally tagged lobster trap may not land more than:

      (i) 1,000 whole Jonah crabs per vessel per trip; or

      (ii) 2,000 Jonah crab claws per vessel per trip, regardless of whether or not the claws are attached to the Jonah crab.

  (7) Jonah crabs 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 dealer with a federal permit.

D. Reporting and Penalties.

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

  (2) A dealer shall transmit information weekly, or as required, on each Jonah crab 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.

E. Vessel Monitoring Systems. Vessels with commercial trap gear area permits issued by the National Marine Fisheries Service shall utilize a Department-approved electronic tracking device in compliance with the requirements of the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Jonah Crabs.

F. General.

  (1) The Secretary may establish or modify catch limits or seasons for Jonah crabs in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Jonah Crabs, 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 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.

#### Regulation .07 Surf Clams.

*COMAR 08.02.08.07*

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.

  (2) A person may not catch, possess, or land surf clams when the National Oceanic and Atmospheric Administration closes the fishery in accordance with 50 CFR 648.

#### Regulation .08 Shrimp.

*COMAR 08.02.08.08*

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.

B. Commercial Fishery.

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

  (2) Maryland Shrimp Permit.

    (a) An individual is eligible to declare for a permit to catch and land shrimp in Maryland if they are properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

    (b) A shrimp permit:

      (i) Is valid for the commercial license year; and

      (ii) May not be transferred.

  (3) A person licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and permitted in accordance with this regulation, may use any of the gear listed under COMAR 08.02.25.01 to catch shrimp, as long as that gear would otherwise be allowed to harvest fish under their license and the gear is used in accordance with the rules established under COMAR 08.02 and Natural Resources Article, Title 4, Annotated Code of Maryland.

  (4) Pilot Program.

    (a) The Department may conduct a pilot project to demonstrate and evaluate new approaches to managing the shrimp fishery.

    (b) Notwithstanding Natural Resources Article, Title 4, Annotated Code of Maryland and COMAR 08.02, pilot projects may be conducted to implement and assess conservation and management measures.

    (c) The Department may select and designate certain persons licensed under Natural Resources Article, §4-701, Annotated Code of Maryland, to participate in a pilot project. A participating licensee shall:

      (i) Apply for a pilot program permit on forms provided by the Department;

      (ii) Have a pilot program permit in order to participate in a pilot program;

      (iii) Comply with any conditions of the permit; and

      (iv) Be eliminated from the pilot project at the discretion of the Department.

    (d) The Department shall:

      (i) Develop pilot projects in cooperation with the commercial fishing industry; and

      (ii) Provide adequate notice of a pilot program through various media so that an interested individual has reasonable opportunity to be informed.

C. Reporting and Penalties.

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

  (2) 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.

  (3) 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.

D. General.

  (1) The Secretary may establish or modify catch limits, size limits, or seasons for shrimp or open or close areas for shrimp harvest in order to implement the South Atlantic Fishery Management Council Shrimp Fishery Management Plan for the South Atlantic Region, 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 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.

#### Regulation .09 Seafood Dealers.

*COMAR 08.02.08.09*

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:

  (1) 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.

  (2) Follow the requirements of the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference in COMAR 10.15.07.01A; and

  (3) Implement Vibrio parahaemolyticus control measures in accordance with COMAR 10.15.07.06.

B. 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 shall:

  (1) Follow the requirements of the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference in COMAR 10.15.07.01A; and

  (2) Implement Vibrio parahaemolyticus control measures in accordance with COMAR 10.15.07.06.

C. Any person possessing a license to deal in soft-shell clams shall maintain and submit to the Department any records the Department may require.

D. Declaration.

  (1) Prior to purchasing soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters, a person licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland and licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07, shall on a form provided by the Department:

    (a) Declare their intent to deal in shellfish; and

    (b) Provide their certification number issued by the Maryland Department of Health.

  (2) A declaration of intent under this section shall be valid for the remainder of the license year.

#### Regulation .10 American Lobsters.

*COMAR 08.02.08.10*

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

  (2) Immediately release the lobster.

B. A person may not catch, land, possess, sell, offer to sell, or transport any:

  (1) Lobster that is egg-bearing or from which eggs have been intentionally removed;

  (2) Lobster measuring less than 3-3/8 inches 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;

  (3) Female or male lobster measuring greater than 5-1/4 inches 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;

  (4) Lobster which has an outer shell which has been speared;

  (5) Female lobster bearing a V-shaped notch which is:

    (a) A straight-sided triangular cut with or without setal hairs, at least 1/8 inch in depth and tapering to a sharp point in the flipper next to the right of the center flipper as viewed from the rear of the female lobster; or

    (b) Mutilated in a manner which could hide, obscure, or obliterate such a mark; or

  (6) Lobster from February 1 through March 31.

C. An individual shall land lobsters whole and may not remove any meat, body appendages, or tail from any lobster before landing.

D. An individual using gear other than lobster traps may not land more than 100 lobsters per day for a 24-hour period, or 500 lobsters per trip for a 5-day or longer period.

E. A lobster trap:

  (1) Shall have a minimum of:

    (a) One rectangular escape vent located in the parlor section of the trap which shall be a minimum of 2 inches by 5-3/4 inches; or

    (b) Two circular escape vents located in the parlor section of the trap which shall have a minimum diameter of 2-5/8 inches;

  (2) May not exceed a volume of 22,950 cubic inches;

  (3) Shall be removed from the water not later than February 14 of each year; and

  (4) May not be set prior to March 24 of each year.

F. A lobster trap not constructed entirely of wood, excluding heading or parlor twine and the escape vent, shall contain a ghost panel to allow for the escape of lobsters after a period of time if the trap has been abandoned or lost according to the following specifications:

  (1) The rectangular opening covered by the ghost panel may not be less than 3-3/4 inches by 3-3/4 inches;

  (2) The ghost panel shall be located in the outer parlor or parlors of the trap and not the bottom of the trap; and

  (3) The ghost panel shall be constructed of or fastened to the trap with wood lath, cotton, hemp sisal, or jute twine not greater than 3/16 inch in diameter, or non-stainless, uncoated ferrous metal not greater than 3/32 inch in diameter.

G. Vessel Monitoring Systems. Vessels with commercial trap gear area permits issued by the National Marine Fisheries Service shall utilize a Department-approved electronic tracking device in compliance with the requirements of the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for American Lobster.

#### Regulation .11 Hydraulic Clam Dredge.

*COMAR 08.02.08.11*

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.

B. Measurement of Rig.

  (1) A hydraulic clam dredging rig may not have more than one conveyor or elevator, blade, and water manifold.

  (2) The water manifold may not be more than 36 inches in width measuring from the outside jets.

  (3) The outside jets on the water manifold shall be set parallel to, or inclined inward toward, the median vertical longitudinal plane of the dredge.

C. Muffler Required. A hydraulic clam dredge vessel shall have mufflers properly installed on all motors and engines in accordance with COMAR 08.18.03.08.

D. An individual may not harvest clams by hydraulic dredge in the Chesapeake Bay offshore of Sandy Point State Park in Anne Arundel County within:

  (1) 800 feet of the shoreline January 1 through March 31;

  (2) 1,500 feet of the shoreline April 1 through September 30; and

  (3) 800 feet of the shoreline October 1 through December 31.

E. Private Bathing Beach.

  (1) From May 1 through September 30, an individual may not catch or attempt to catch clams by hydraulic dredge within 300 feet of a private bathing beach.

  (2) The private bathing beach shall be marked with a sign which shall:

    (a) Be posted and maintained by the owner of the private bathing beach;

    (b) Be a minimum of 2 feet high by 3 feet wide with legible black letters measuring a minimum of 4 inches high and 2 inches wide;

    (c) State “Private Bathing Beach — No Clam Dredging Within 300 Feet”;

    (d) Be made of durable material; and

    (e) Conform to local ordinances and codes.

#### Regulation .12 Reporting.

*COMAR 08.02.08.12*

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.

  (2) When soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters are sold to a buying station:

    (a) The seller shall provide the information necessary for the buyer to complete a shellfish buy ticket;

    (b) The buyer shall complete a shellfish buy ticket for every soft-shell clam of the species Mya arenaria, hard-shell clam, or oyster purchase; and

    (c) Both the seller and the buyer shall sign the shellfish buy ticket.

  (3) When soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters are sold at a location other than a buying station, the seller shall complete and sign a shellfish buy ticket.

  (4) An individual who harvests oysters from a public oyster bar, soft-shell clams of the species Mya arenaria, or hard-shell clams and places them on a lease shall complete and sign a shellfish buy ticket.

  (5) The shellfish buy ticket shall be returned to the Department in accordance with §D of this regulation.

  (6) A shellfish buy ticket is not required for the sale or purchase of shellfish harvested from a leased area.

B. Shellfish Tax Report.

  (1) A shellfish tax report 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.

  (2) When soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters are sold at a:

    (a) Buying station, the buyer shall complete a Shellfish Tax Report; or

    (b) Location other than a buying station, the seller shall complete a Shellfish Tax Report.

  (3) The shellfish tax report shall be returned to the Department in accordance with §D of this regulation.

C. Shellfish Export Certificate.

  (1) When soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters are shipped out of State, the seller shall complete a shellfish export certificate for each shipment.

  (2) The original shellfish export certificate shall accompany the shipment of oysters out of State.

  (3) A copy of the shellfish export certificate shall be submitted to the Department in accordance with §D of this regulation.

D. Requirements for Return of Documents.

  (1) Except as provided in §D(3) of this regulation, a person shall return the completed shellfish buy ticket, shellfish tax report, and shellfish export certificate to the Department each week for all soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters purchased or sold during the week ending on the previous Saturday, even if no taxes are due.

  (2) All forms, reports, and certificates shall be accompanied by any money due to the State for the respective period of time.

  (3) Exceptions.

    (a) A person who has indicated on a form provided by the Department that they will not be buying or selling oysters, soft-shell clams of the species Mya arenaria, or hard-shell clams for a particular period of time is exempt from submitting the records required by §§A—C of this regulation for the time period specified on the form.

    (b) Individuals whose sales or purchases would require payment of taxes of less than $25 weekly may submit the required documents monthly.

    (c) A person who has not declared their intent to buy soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters in accordance with COMAR 08.02.08.09 is not required to submit the reports described in this regulation.

#### Regulation .13 Freshwater Mussels.

*COMAR 08.02.08.13*

A. Definition.

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

  (2) Term Defined. “Freshwater mussel” means all species of freshwater mussels in the order Unionoida.

B. Prohibition of Catching, Possession, or Sale of  Freshwater Mussels. Except as provided in §C of this regulation, a person may not catch, offer for sale, purchase, or possess any freshwater mussel caught in Maryland waters.

C. Exceptions.

  (1) The incidental catching of any freshwater mussel is not considered a violation of this regulation if the freshwater mussel is immediately returned unharmed to the water.

  (2) 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 any freshwater mussels which were caught in waters not under Maryland jurisdiction if the person engaging in the activity demonstrates by a bill of sale that the freshwater mussels were lawfully taken and lawfully removed from another jurisdiction.

#### Regulation .14 Conch.

*COMAR 08.02.08.14*

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.

### Chapter 09 — Aquatic Animals

**Authority:** Environment Article, §4-405, Annotated Code of Maryland

**Administrative History:** Effective date: June 25, 1975 (2:14 Md. R. 1014)

#### Regulation .01 Monetary Value of Tidal Water and Non-tidal Water Aquatic Animals.

*COMAR 08.02.09.01*

A. To assess a reasonable monetary value for aquatic resources in the event of man-caused mortality, the following tables of prices for various species and sizes are established.

B. Fresh and Brackish Water Food and Sport Fishes.

C. Saltwater (Ocean) Food and Sport Fishes.

D. Bait and Forage Fishes.

E. Invertebrate Animals—Shellfish and Crustaceans.

F. Non-Fish Vertebrates.

### Chapter 10 — Horseshoe Crabs

**Authority:** Natural Resources Article, §§4-206, 4-215, and 4-701, Annotated Code of Maryland

**Administrative History:** Effective date: January 29, 1996 (23:2 Md. R. 94)

**Administrative History:** Regulation .01 amended as an emergency provision effective April 9, 1998 (25:9 Md. R. 673); amended permanently effective August 24, 1998 (25:17 Md. R. 1359)

**Administrative History:** Regulation .01 amended effective August 16, 2004 (31:16 Md. R. 1254); October 9, 2006 (33:20 Md. R. 1614); December 14, 2009 (36:25 Md. R. 1953); October 1, 2012 (39:19 Md. R. 1236); August 5, 2013 (40:15 Md. R. 1228)

**Administrative History:** Regulation .01C amended effective March 17, 2025 (52:5 Md. R. 236)

**Administrative History:** Regulation .01E amended effective August 4, 2014 (41:15 Md. R. 889); March 9, 2020 (47:5 Md. R. 311)

**Administrative History:** Regulation .01F amended effective February 22, 2010 (37:4 Md. R. 338); August 4, 2014 (41:15 Md. R. 889)

**Administrative History:** Regulation .01G amended effective January 30, 2017 (44:2 Md. R. 84)

#### Regulation .01 Horseshoe Crabs.

*COMAR 08.02.10.01*

A. Quota.

  (1) The annual total allowable landings of horseshoe crabs for the commercial fishery shall be established and may be modified through a public notice issued in accordance with §G of this regulation.

  (2) Any annual overages in the fishery will be deducted from the total fishery allotment for the following year.

B. Seasons. The season for harvesting horseshoe crabs shall be established and may be modified through a public notice issued in accordance with §G of this regulation.

C. Time Restrictions. A person may not catch or land horseshoe crabs on Saturday.

D. Catch Limits.

  (1) A person that does not possess a valid Maryland horseshoe crab landing permit may not catch, possess, or land more than 25 horseshoe crabs per day.

  (2) An individual may not catch or possess female horseshoe crabs.

  (3) The catch limit for individuals in possession of a valid horseshoe crab landing permit shall be established and may be modified through a public notice issued in accordance with §G of this regulation.

E. Horseshoe Crab Landing Permit.

  (1) No more than ten horseshoe crab landing permits may be issued by the Department. The number of horseshoe crab landing permits is based on the reported catch and landing records of horseshoe crabs in Maryland during 1996.

  (2) The Department may issue a permit to catch and land horseshoe crabs in Maryland to a person who is licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and:

    (a) Declared or was eligible to declare, in the previous year, an intent to fish for horseshoe crabs in accordance with this section and has not transferred the permit; or

    (b) Received a horseshoe crab landing permit through a permanent business transfer in accordance with §E(6) of this regulation.

  (3) Declaration.

    (a) Between August 1 and April 30, dates inclusive, tidal fish licensees shall declare their intent to fish for horseshoe crabs.

    (b) A tidal fish licensee who has not declared by April 30 of the current year, and who has not declared by the April 30 deadline in any of the 3 preceding years, may apply until May 14 of the current year, or the next business day if May 14 occurs on a weekend, to the Director of Fisheries Service, provided the licensee shows good reason why the application should be processed.

    (c) An exception to the May 14 deadline 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 registration time period established in this subsection.

  (4) A permittee shall possess the horseshoe crab landing permit when engaged in permitted activities.

  (5) Transfer of a Landing Permit.

    (a) The Department may approve the permanent or temporary transfer of a landing permit to a person who applies to the Department requesting the transfer on forms provided by the Department.

    (b) At the end of the specified temporary transfer time period the permit automatically returns to the original permittee.

  (6) A horseshoe crab landing permit may only be transferred to a person who:

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

    (b) Is not currently a permit holder.

  (7) Regardless of the number of authorized individuals with Maryland horseshoe crab permits on board any one vessel, no more than two horseshoe crab quotas may be harvested from one vessel per trip.

F. Reporting and Penalties.

  (1) In addition to the requirements of Natural Resources Article, §4-206, Annotated Code of Maryland, an individual in possession of a horseshoe crab landing permit shall record the harvest of horseshoe crabs on the permit daily and submit the completed permit to the Department in the time frame specified on the form.

  (2) In addition to any other penalty established in COMAR 08.02.13, failure to comply with this regulation may result in the denial of a subsequent permit.

  (3) Prior to suspending a permit under this regulation or denying an application for a permit, 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.

G. General.

  (1) A person authorized to catch and release horseshoe crabs for purposes of scientific research:

    (a) Shall return within 48 hours the live horseshoe crabs to the waters from which the horseshoe crabs were taken; and

    (b) Is exempt from §§A—E of this regulation.

  (2) A person who purchases horseshoe crabs for purposes of scientific research may:

    (a) Return the horseshoe crabs to the harvester for use or sale as bait;

    (b) Return or sell the horseshoe crabs to a bait dealer; or

    (c) Return the horseshoe crabs live to tidal waters.

  (3) Horseshoe crabs shall be harvested only from a vessel and may not be harvested from land.

  (4) The Secretary may establish or modify catch limits, quotas, and seasons for horseshoe crabs in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Horseshoe Crab by issuing a public notice on the Fisheries Service website.

  (5) The public notice shall state its effective hour and date and shall be published on the Fisheries Service website at least 48 hours in advance of the effective hour and date.

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

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

### Chapter 11 — Fishing in Nontidal Waters

**Authority:** Natural Resources Article, §§4-205, 4-215, 4-215.2, 4-219, 4-221, 4-402, 4-602, 4-603, 4-614, 4-616, 4-745, 5-209, and 10-808, Annotated Code of Maryland

**Administrative History:** Effective dates:

**Administrative History:** Regulation .01 amended effective August 24, 1979 (6:17 Md. R. 1394); December 31, 1984 (11:26 Md. R. 2278)

**Administrative History:** Regulation .01A amended effective February 19, 1975 (2:4 Md. R. 227); January 1, 1978 (4:23 Md. R. 1731); November 14, 1980 (7:23 Md. R. 2165); January 17, 1983 (10:1 Md. R. 27)

**Administrative History:** Regulation .01B amended effective February 19, 1975 (2:4 Md. R. 227); November 14, 1980 (7:23 Md. R. 2165); January 17, 1983 (10:1 Md. R. 27)

**Administrative History:** Regulation .01C amended effective February 19, 1975 (2:4 Md. R. 227); January 1, 1978 (4:23 Md. R. 1731); November 14, 1980 (7:23 Md. R. 2165); January 17, 1983 (10:1 Md. R. 27)

**Administrative History:** Regulation .01D amended as an emergency provision effective June 7, 1982 (9:12 Md. R. 1222); adopted permanently effective August 16, 1982 (9:16 Md. R. 1603)

**Administrative History:** Regulation .01D amended effective February 19, 1975 (2:4 Md. R. 227); January 17, 1983 (10:1 Md. R. 27); January 27, 1986 (13:2 Md. R. 136)

**Administrative History:** Regulation .01A—C repealed and new Regulation .01 adopted effective January 26, 1987 (14:2 Md. R. 127) (Regulation .01D recodified as Regulation .04D)

**Administrative History:** Regulation .01A amended effective January 1, 1993 (19:25 Md. R. 2204)

**Administrative History:** Regulation .01B amended as an emergency provision effective April 2, 1987 (14:9 Md. R. 1077); amended permanently effective July 12, 1987 (14:14 Md. R. 1570)

**Administrative History:** Regulation .01B amended effective February 8, 1988 (15:3 Md. R. 303); January 9, 1989 (15:27 Md. R. 3128); December 25, 1989 (16:25 Md. R. 2709); January 1, 1991 (17:25 Md. R. 2906); January 1, 1992 (18:25 Md. R. 2749); August 3, 1992 (19:15 Md. R. 1388); January 1, 1993 (19:25 Md. R. 2204); January 1, 1994 (20:24 Md. R. 1864); November 20, 1994 (21:23 Md. R. 1932); January 1, 1996 (22:22 Md. R. 1656); November 18, 1996 (23:23 Md. R. 1555); November 17, 1997 (24:23 Md. R. 1609); January 1, 1999 (25:24 Md. R. 1772); January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .01D repealed as an emergency provision effective April 2, 1987 (14:9 Md. R. 1077); emergency status expired July 31, 1987

**Administrative History:** Regulation .02 amended effective January 1, 1991 (17:25 Md. R. 2906)

**Administrative History:** Regulation .02A amended effective February 19, 1975 (2:4 Md. R. 227); October 15, 1975 (2:23 Md. R. 1414); January 17, 1983 (10:1 Md. R. 27)

**Administrative History:** Regulation .02B amended effective February 19, 1975 (2:4 Md. R. 227); January 1, 1979 (5:21 Md. R. 1587); January 17, 1983 (10:1 Md. R. 27); November 20, 1994 (21:23 Md. R. 1932)

**Administrative History:** Regulation .02C amended effective February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .02D amended effective February 19, 1975 (2:4 Md. R. 227); January 1, 1978 (4:23 Md. R. 1731); January 1, 1979 (5:21 Md. R. 1587)

**Administrative History:** Regulation .02E amended effective February 19, 1975 (2:4 Md. R. 227); January 1, 1978 (4:23 Md. R. 1731)

**Administrative History:** Regulation .02F amended effective February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .02G amended effective February 19, 1975 (2:4 Md. R. 227); October  15, 1975 (2:23 Md. R. 1414); January 1, 1979 (5:21 Md. R. 1587)

**Administrative History:** Regulation .02H amended effective February 19, 1975 (2:4 Md. R. 227); October 15, 1975 (2:23 Md. R. 1414); January 17, 1983 (10:1 Md. R. 27); February 8, 1988 (15:3 Md. R. 303); January 1, 1994 (20:24 Md. R. 1864); January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .02I amended effective February 19, 1975 (2:4 Md. R. 227); January 1, 1978 (4:23 Md. R. 1731)

**Administrative History:** Regulation .02J amended effective February 19, 1975 (2:4 Md. R. 227); January 1, 1978 (4:23 Md. R. 1731); January 16, 1984 (11:1 Md. R. 41)

**Administrative History:** Regulation .02J amended as an emergency provision effective January 19, 1978 (5:3 Md. R. 133)

**Administrative History:** Regulation .02K amended effective February 19, 1975 (2:4 Md. R. 227); January 1, 1978 (4:23 Md. R. 1731); January 17, 1983 (10:1 Md. R. 27); January 16, 1984 (11:1 Md. R. 41)

**Administrative History:** Regulation .02L amended effective February 19, 1975 (2:4 Md. R. 227); January 17, 1983 (10:1 Md. R. 27)

**Administrative History:** Regulation .02M amended effective January 1, 1992 (18:25 Md. R. 2749)

**Administrative History:** Regulation .03A amended effective February 19, 1975 (2:4 Md. R. 227); January 17, 1983 (10:1 Md. R. 27)

**Administrative History:** Regulation .03B amended effective February 19, 1975 (2:4 Md. R. 227); January 17, 1983 (10:1 Md. R. 27); January 1, 1993 (19:25 Md. R. 2204)

**Administrative History:** Regulation .03C amended effective February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .04 amended effective January 1, 1979 (5:21 Md. R. 1587); August 24, 1979 (6:17 Md. R. 1394)

**Administrative History:** Regulation .04A amended as an emergency provision effective January 19, 1978 (5:3 Md. R. 133)

**Administrative History:** Regulation .04A amended effective October 25, 1974 (1:3 Md. R. 154); October 15, 1975 (2:23 Md. R. 1414); January 1, 1977 (3:23 Md. R. 1301); January 1, 1978 (4:23 Md. R. 1731); November 14, 1980 (7:23 Md. R. 2165); February 15, 1982 (9:3 Md. R. 221); January 17, 1983 (10:1 Md. R. 27); January 16, 1984 (11:1 Md. R. 41); August 27, 1984 (11:17 Md. R. 1491); December 31, 1984 (11:26 Md. R. 2278); January 27, 1986 (13:2 Md. R. 136)

**Administrative History:** Regulation .04B amended effective October 25, 1974 (1:3 Md. R. 154); October 15, 1975 (2:23 Md. R. 1414); January 1, 1977 (3:23 Md. R. 1301); January 1, 1978 (4:23 Md. R. 1731); January 17, 1983 (10:1 Md. R. 27); January 16, 1984 (11:1 Md. R. 41)

**Administrative History:** Regulation .04C amended effective October 25, 1974 (1:3 Md. R. 154); October 15, 1975 (2:23 Md. R. 1414); January 1, 1977 (3:23 Md. R. 1301); January 1, 1978 (4:23 Md. R. 1731)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective January 26, 1987 (14:2 Md. R. 127)

**Administrative History:** Regulation .04 amended effective January 1, 1991 (17:25 Md. R. 2906)

**Administrative History:** Regulation .04A amended effective February 8, 1988 (15:3 Md. R. 303); January 9, 1989 (15:27 Md. R. 3128); January 1, 1992 (18:25 Md. R. 2749); January 1, 1993 (19:25 Md. R. 2204); January 1, 1994 (20:24 Md. R. 1864); November 18, 1996 (23:23 Md. R. 1555); January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .04B amended as an emergency provision effective April 2, 1987 (14:9 Md. R. 1077); amended permanently effective July 12, 1987 (14:14 Md. R. 1570)

**Administrative History:** Regulation .04B amended effective February 8, 1988 (15:3 Md. R. 303); January 1, 1994 (20:24 Md. R. 1864); January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .04C amended effective January 9, 1989 (15:27 Md. R. 3128); November 20, 1994 (21:23 Md. R. 1932); January 1, 1996 (22:22 Md. R. 1656); January 1, 1999 (25:24 Md. R. 1772)

**Administrative History:** Regulation .04D amended effective January 9, 1989 (15:27 Md. R. 3128); December 25, 1989 (16:25 Md. R. 2709); January 1, 1992 (18:25 Md. R. 2749)

**Administrative History:** Regulation .04E adopted effective February 8, 1988 (15:3 Md. R. 303)

**Administrative History:** Regulation .04E amended effective January 9, 1989 (15:27 Md. R. 3128); January 1, 1993 (19:25 Md. R. 2204)

**Administrative History:** Regulation .04F adopted effective February 8, 1988 (15:3 Md. R. 303)

**Administrative History:** Regulation .04F amended effective January 1, 1994 (20:24 Md. R. 1864); November 20, 1994 (21:23 Md. R. 1932); November 17, 1997 (24:23 Md. R. 1609); January 1, 1999 (25:24 Md. R. 1772)

**Administrative History:** Regulation .04G adopted effective September 3, 1990 (17:17 Md. R. 2077)

**Administrative History:** Regulation .04G amended effective January 1, 1993 (19:25 Md. R. 2204); January 1, 1994 (20:24 Md. R. 1864); November 18, 1996 (23:23 Md. R. 1555); January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .04H amended effective January 1, 1996 (22:22 Md. R. 1656); January 1, 1999 (25:24 Md. R. 1772); January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .04I, J adopted effective January 1, 1994 (20:24 Md. R. 1864)

**Administrative History:** Regulation .04I, J amended and K adopted effective November 20, 1994 (21:23 Md. R. 1932)

**Administrative History:** Regulation .04I amended effective January 1, 1996 (22:22 Md. R. 1656); January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .04J amended as an emergency provision effective May 31, 1995 (22:6 Md. R. 470); amended permanently effective June 5, 1995 (22:11 Md. R. 819)

**Administrative History:** Regulation .04K amended effective November 17, 1997 (24:23 Md. R. 1609); January 1, 1999 (25:24 Md. R. 1772); January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .05A amended October 25, 1974 (1:3 Md. R. 154); November 14, 1980 (7:23 Md. R. 2165); January 1, 1999 (25:24 Md. R. 1772)

**Administrative History:** Regulation .05B amended effective February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .05C amended as an emergency provision effective April 2, 1982 (9:9 Md. R. 901); emergency status expired June 1, 1982; adopted permanently effective June 7, 1982 (9:11 Md. R. 1126)

**Administrative History:** Regulation .05C amended as an emergency provision effective April 24, 1982 (9:11 Md. R. 1120); emergency status expired May 9, 1982

**Administrative History:** Regulation .05C amended October 25, 1974 (1:3 Md. R. 154); October 15, 1975 (2:3 Md. R. 1414); January 1, 1977 (3:23 Md. R. 1301); January 1, 1978 (4:23 Md. R. 1731); January 1, 1979 (5:21 Md. R. 1587); November 14, 1980 (7:23 Md. R. 2165); January 17, 1983 (10:1 Md. R. 27); August 27, 1984 (11:17 Md. R. 1491); December 31, 1984 (11:26 Md. R. 2278); January 27, 1986 (13:2 Md. R. 136); January 26, 1987 (14:2 Md. R. 127); February 8, 1988 (15:3 Md. R. 303); January 9, 1989 (15:27 Md. R. 3128); December 25, 1989 (16:25 Md. R. 2709); September 3, 1990 (17:17 Md. R. 2077); January 1, 1991 (17:25 Md. R. 2906); January 1, 1993 (19:25 Md. R. 2204); January 1, 1994 (20:24 Md. R. 1864); November 20, 1994 (21:23 Md. R. 1932); November 18, 1996 (23:23 Md. R. 1555); November 17, 1997 (24:23 Md. R. 1609); January 1, 1999 (25:24 Md. R. 1772); January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .05D amended effective October 25, 1974 (1:3 Md. R. 154); January 16, 1984 (11:1 Md. R. 41)

**Administrative History:** Regulation .05E amended effective February 19, 1975 (2:4 Md. R. 227); January 17, 1983 (10:1 Md. R. 27); January 16, 1984 (11:1 Md. R. 41); February 8, 1988 (15:3 Md. R. 303); January 1, 1993 (19:25 Md. R. 2204); January 1, 1999 (25:24 Md. R. 1772)

**Administrative History:** Regulation .05F amended effective February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .05G amended effective February 19, 1975 (2:4 Md. R. 227); January 1, 1978 (4:23 Md. R. 1731); August 17, 1981 (8:16 Md. R. 1365); December 25, 1989 (16:25 Md. R. 2709); January 1, 1994 (20:24 Md. R. 1864)

**Administrative History:** Regulation .05H amended effective February 19, 1975 (2:4 Md. R. 227); January 16, 1984 (11:1 Md. R. 41)

**Administrative History:** Regulation .05I amended effective October 25, 1974 (1:3 Md. R. 154); January 17, 1983 (10:1 Md. R. 27)

**Administrative History:** Regulation .05J amended effective February 19, 1975 (2:4 Md. R. 227); January 17, 1983 (10:1 Md. R. 27)

**Administrative History:** Regulation .05K adopted effective November 26, 1975 (2:27 Md. R. 1628)

**Administrative History:** Regulation .05K amended effective August 17, 1981 (8:16 Md. R. 1365); January 17, 1983 (10:1 Md. R. 27); December 25, 1989 (16:25 Md. R. 2709); January 1, 1994 (20:24 Md. R. 1864); July 24, 2000 (27:14 Md. R. 1340

**Administrative History:** Regulation .05L adopted November 26, 1975 (2:27 Md. R. 1628)

**Administrative History:** Regulation .05L amended effective January 1, 1977 (3:23 Md. R. 1301); January 1, 1978 (4:23 Md. R. 1731); January 1, 1979 (5:21 Md. R. 1587); January 17, 1983 (10:1 Md. R. 27)

**Administrative History:** Regulation .05M adopted effective January 1, 1978 (4:23 Md. R. 1731)

**Administrative History:** Regulation .05M amended effective August 17, 1981 (8:16 Md. R. 1365); January 17, 1983 (10:1 Md. R. 27); January 1, 1994 (20:24 Md. R. 1864)

**Administrative History:** Regulation .05N adopted effective January 1, 1978 (4:23 Md. R. 1731)

**Administrative History:** Regulation .05N amended effective August 17, 1981 (8:16 Md. R. 1365); January 17, 1983 (10:1 Md. R. 27); January 16, 1984 (11:1 Md. R. 42); January 1, 1994 (20:24 Md. R. 1864)

**Administrative History:** Regulation .05O amended effective January 1, 1993 (19:25 Md. R. 2204)

**Administrative History:** Regulation .05Q adopted effective February 8, 1988 (15:3 Md. R. 303)

**Administrative History:** Regulation .06A amended effective February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .06B amended effective February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .07 amended effective October 25, 1974 (1:3 Md. R. 154); October 15, 1975 (2:23 Md. R. 1414); January 1, 1978 (4:23 Md. R. 1731); March 23, 1979 (6:6 Md. R. 511); November 14, 1980 (7:23 Md. R. 2165); December 21, 1981 (8:25 Md. R. 1995); January 17, 1983 (10:1 Md. R. 27); January 16, 1984 (11:1 Md. R. 41); January 26, 1987 (14:2 Md. R. 127)

**Administrative History:** Regulation .07 amended as an emergency provision effective January 1, 1977 (3:21 Md. R. 1200); adopted permanently effective February 16, 1977 (4:4 Md. R. 280)

**Administrative History:** Regulation .07A amended effective December 31, 1984 (11:26 Md. R. 2278); January 27, 1986 (13:2 Md. R. 136)

**Administrative History:** Regulation .07 A—L amended and M—O adopted effective July 24, 2000 (27:14 Md. R. 1340)

**Administrative History:** Regulation .07C amended effective December 23, 1974 (2:1 Md. R. 12); December 31, 1984 (11:26 Md. R. 2278); January 27, 1986 (13:2 Md. R. 136)

**Administrative History:** Regulation .07D amended effective December 23, 1974 (2:1 Md. R. 12); December 31, 1984 (11:26 Md. R. 2278); January 27, 1986 (13:2 Md. R. 136)

**Administrative History:** Regulation .07E amended effective December 23, 1974 (2:1 Md. R. 12)

**Administrative History:** Regulation .07J amended effective January 27, 1986 (13:2 Md. R. 136)

**Administrative History:** Regulation .07S adopted effective December 21, 1981 (8:25 Md. R. 1995)

**Administrative History:** Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1340)

**Administrative History:** Regulation .08A—C adopted February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .09A—C adopted February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .10 amended February 19, 1975 (2:4 Md. R. 227)

**Administrative History:** Regulation .11 adopted effective January 23, 1981 (8:2 Md. R. 111)

**Administrative History:** Regulation .11 amended effective September 23, 1985 (12:19 Md. R. 1847); September 3, 1990 (17:17 Md. R. 2077); January 1, 1999 (25:24 Md. R. 1772)

**Administrative History:** Regulation .11A amended effective July 8, 1991 (18:13 Md. R. 1481)

**Administrative History:** Regulation .11D amended effective January 16, 1984 (11:1 Md. R. 41)

**Administrative History:** Regulation .11L adopted effective July 8, 1991 (18:13 Md. R. 1481)

**Administrative History:** Regulation .12 adopted effective February 14, 1994 (21:3 Md. R. 184)

**Administrative History:** Chapter revised effective January 1, 2001 (27:25 Md. R. 2281)

**Administrative History:** Regulation .01 amended effective October 17, 2011 (38:21 Md. R. 1277); January 1, 2013 (39:25 Md. R. 1611); February 13, 2017 (44:3 Md. R. 188); November 4, 2019 (46:22 Md. R. 976); January 1, 2021 (47:25 Md. R. 1067); July 24, 2023 (50:14 Md. R. 592); January 22, 2024 (51:1 Md. R. 15)

**Administrative History:** Regulation .01A amended effective January 1, 2007 (33:26 Md. R. 1996)

**Administrative History:** Regulation .01B amended effective January 1, 2002 (28:21 Md. R. 1854); January 1, 2003 (29:21 Md. R. 1645); January 1, 2004 (30:21 Md. R. 1528); January 1, 2006 (32:23 Md. R. 1825); January 1, 2007 (33:26 Md. R. 1996); January 1, 2008 (34:24 Md. R. 2157); January 1, 2009 (35:24 Md. R. 2077); January 1, 2010 (36:24 Md. R. 1857); November 29, 2010 (37:24 Md. R. 1657); January 18, 2016 (43:1 Md. R. 13); January 20, 2025 (52:1 Md. R.  18)

**Administrative History:** Regulation .01B, C amended effective January 1, 2014 (40:25 Md. R. 2068); December 22, 2014 (41:25 Md. R. 1477); February 16, 2026 (53:3 Md. R, 121)

**Administrative History:** Regulation .01B, E amended as an emergency provision effective June 26, 2012 (39:15 Md. R. 961); emergency provision extended to December 31, 2012; emergency provision expired December 31, 2012

**Administrative History:** Regulation .01E amended effective February 6, 2012 (39:2 Md. R. 140)

**Administrative History:** Regulation .01G amended effective March 26, 2018 (45:6 Md. R. 318)

**Administrative History:** Regulation .02B amended effective January 1, 2007 (33:26 Md. R. 1996); January 1, 2008 (34:24 Md. R. 2157)

**Administrative History:** Regulation .03 amended effective January 1, 2002 (28:21 Md. R. 1854); January 1, 2003 (29:21 Md. R. 1645); January 1, 2004 (30:21 Md. R. 1528); January 1, 2005 (31:21 Md. R. 1544); January 1, 2006 (32:23 Md. R. 1825); January 1, 2007 (33:26 Md. R. 1996); January 1, 2008 (34:24 Md. R. 2157); January 1, 2009 (35:24 Md. R. 2077); January 1, 2010 (36:24 Md. R. 1857); November 29, 2010 (37:24 Md. R. 1657)

**Administrative History:** Regulation .03 amended effective October 17, 2011 (38:21 Md. R. 1277); November 4, 2019 (46:22 Md. R. 976)

**Administrative History:** Regulation .03A, C amended effective December 27, 2021 (48:26 Md. R. 1110)

**Administrative History:** Regulation .03B, E amended effective January 1, 2013 (39:25 Md. R. 1611)

**Administrative History:** Regulation .03C amended effective February 16, 2026 (53:3 Md. R. 121)

**Administrative History:** Regulation .03D amended effective January 1, 2021 (47:25 Md. R. 1067)

**Administrative History:** Regulation .03D repealed effective December 27, 2021 (48:26 Md. R. 1110)

**Administrative History:** Regulation .04 amended effective January 1, 2008 (34:24 Md. R. 2157); October 17, 2011 (38:21 Md. R. 1277)

**Administrative History:** Regulation .04 amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); emergency status expired December 23, 2013

**Administrative History:** Regulation .04 amended effective December 23, 2013 (40:25 Md. R. 2067); December 22, 2014 (41:25 Md. R. 1477); February 13, 2017 (44:3 Md. R. 188)

**Administrative History:** Regulation .04A amended effective January 1, 2007 (33:26 Md. R. 1996); January 18, 2016 (43:1 Md. R. 13); November 4, 2019 (46:22 Md. R. 976); January 1, 2021 (47:25 Md. R. 1067); January 22, 2024 (51:1 Md. R. 15); June 8, 2026 (53:11 Md. R. 484)

**Administrative History:** Regulation .04B amended effective January 1, 2007 (33:26 Md. R. 1996)

**Administrative History:** Regulation .04C amended effective January 1, 2003 (29:21 Md. R. 1645); January 1, 2004 (30:21 Md. R. 1528); January 1, 2005 (31:21 Md. R. 1544); January 1, 2006 (32:23 Md. R. 1825); January 1, 2007 (33:26 Md. R. 1996); January 1, 2009 (35:24 Md. R. 2077); January 26, 2009 (36:2 Md. R. 99)

**Administrative History:** Regulation .04C, K amended effective January 1, 2010 (36:24 Md. R. 1857)

**Administrative History:** Regulation .04E amended effective January 1, 2004 (30:21 Md. R. 1528)

**Administrative History:** Regulation .04F amended effective January 1, 2006 (32:23 Md. R. 1825)

**Administrative History:** Regulation .04I, J amended effective July 24, 2023 (50:14 Md. R. 592)

**Administrative History:** Regulation .04L adopted effective March 24, 2008 (35:6 Md. R. 696)

**Administrative History:** Regulation .04L amended effective January 1, 2009 (35:24 Md. R. 2077)

**Administrative History:** Regulation .04N amended effective July 15, 2019 (46:14 Md. R. 621)

**Administrative History:** Regulation .04O amended as an emergency provision effective July 14, 2008 (35:16 Md. R. 1388); emergency status expired

**Administrative History:** Regulation .04O amended effective October 6, 2008 (35:20 Md. R. 1774)

**Administrative History:** Regulation .04O, P amended as an emergency provision effective July 16, 2009 (36:17 Md. R. 1309); amended permanently effective September 21, 2009 (36:19 Md. R. 1435)

**Administrative History:** Regulation .04O amended effective September 20, 2010 (37:19 Md. R. 1283)

**Administrative History:** Regulation .04R adopted effective January 1, 2002 (28:21 Md. R. 1854)

**Administrative History:** Regulation .04R amended effective January 1, 2007 (33:26 Md. R. 1996)

**Administrative History:** Regulation .04S adopted effective January 1, 2006 (32:23 Md. R. 1825)

**Administrative History:** Regulation .04S amended effective January 1, 2007 (33:26 Md. R. 1996)

**Administrative History:** Regulation .04U adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1309); adopted permanently effective September 21, 2009 (36:19 Md. R. 1435)

**Administrative History:** Regulation .04V adopted effective January 1, 2010 (36:24 Md. R. 1857)

**Administrative History:** Regulation .04W adopted effective November 29, 2010 (37:24 Md. R. 1657)

**Administrative History:** Regulation .05 amended effective January 1, 2007 (33:26 Md. R. 1996)

**Administrative History:** Regulation .05 amended effective October 17, 2011 (38:21 Md. R. 1277)

**Administrative History:** Regulation .06 amended effective January 1, 2005 (31:21 Md. R. 1544); January 1, 2007 (33:26 Md. R. 1996)

**Administrative History:** Regulation .06 repealed effective December 22, 2014 (41:25 Md. R. 1477)

**Administrative History:** Regulation .06 adopted effective January 18, 2016 (43:1 Md. R. 13)

**Administrative History:** Regulation .06B amended effective January 22, 2024 (51:1 Md. R. 15)

**Administrative History:** Regulation .08C amended effective October 17, 2011 (38:21 Md. R. 1277)

**Administrative History:** Regulation .09 amended effective January 1, 2007 (33:26 Md. R. 1996)

**Administrative History:** Regulation .10 amended effective January 1, 2008 (34:24 Md. R. 2157); April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .10 repealed effective October 17, 2011 (38:21 Md. R. 1276)

**Administrative History:** Regulation .10A amended effective January 1, 2009 (35:24 Md. R. 2077)

**Administrative History:** Regulation .10B amended effective January 1, 2007 (33:26 Md. R. 1996)

**Administrative History:** Regulation .10F amended effective January 1, 2006 (32:23 Md. R. 1825)

**Administrative History:** Regulation .10I amended effective January 1, 2003 (29:21 Md. R. 1645)

**Administrative History:** Regulation .11 repealed effective October 17, 2011 (38:21 Md. R. 1276)

**Administrative History:** Annotation: This chapter was formerly COMAR 08.02.22. It was transferred to COMAR 08.03.02 when the Fisheries Administration was abolished by Ch. 162, Acts of 1981, effective July 1, 1981. It was again transferred to COMAR 08.02.11 in 1984 due to Department reorganization.

#### Regulation .01 Trout Fishing and Management Areas.

*COMAR 08.02.11.01*

A. Basic Statewide Trout Fishing. Except as listed in §§B—I of this regulation, the following shall be in effect for trout fishing in all nontidal waters of the State:

  (1) Open season — year around;

  (2) Fishing hours — from 5:30 a.m. to 10 p.m.;

  (3) Creel and possession limits (all species of trout) in aggregate — daily: 2, possession: 4;

  (4) A trout is part of the daily creel and possession limit if it cannot freely swim away from a person;

  (5) Minimum size (all species of trout) — no minimum size restriction.

B. Put-and-Take Trout Fishing Areas.

  (1) Open Season. Except as provided in §I of this regulation, put-and-take trout fishing areas are closed to all fishing from 10 p.m. of the first date to 5:30 a.m. of the last date, during the period listed in the following schedule:

    (a) Closure 0 — No closure; and

    (b) Closure 1 — From the first Sunday after March 4 to the last Saturday in March.

  (2) Fishing Hours.

    (a) Except as provided in §B(2)(b) and (c) and §I of this regulation, the fishing hours are from 5:30 a.m. to 10 p.m.

    (b) There are no time restrictions for fishing in impoundments of 5 acres or more.

    (c) In areas designated as Closure 1 in §B(5) of this regulation, the fishing hours on the last Saturday in March are from 6:30 a.m. to 10 p.m.

  (3) Creel and Possession Limits.

    (a) Brook trout v Daily: 0, Possession: 0.

    (b) All other species of trout in aggregate — Daily: 5, Possession: 10.

  (4) Public and private ponds in which State-supported fishing rodeos are held may be designated as put-and-take trout fishing areas on the day of the rodeo and are subject to the provisions in §B(1)—(3) of this regulation.

  (5) Except as provided in §C(1) of this regulation the following areas are designated as put-and-take trout fishing areas and are subject to the provisions in §B(1)—(3) of this regulation:

C. Catch-and-Return Trout Fishing Areas.

  (1) Owens Creek.

    (a) Special provisions in effect on this area:

      (i) From June 1 through the last day of February, a person may not keep or have any trout in possession while fishing, or fish with any barbed hook; and

      (ii) A person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish.

    (b) The area subject to the provisions of §C(1)(a) of this regulation is Owens Creek mainstem from Buck Lantz Road downstream to Roddy Road.

  (2) North Branch Potomac River.

    (a) Special provisions in effect on this area:

      (i) Open season — no closed season;

      (ii) Creel and possession limits, all trout species in aggregate: daily — 0, possession — 0; and

      (iii) A person may not fish with any barbed hook.

    (b) The area subject to the provisions of §C(2)(a) of this regulation is the North Branch Potomac River from the Upper Potomac River Commission Wastewater Treatment Plant discharge at Westernport downstream to the Maryland Route 956 bridge at Pinto.

  (3) Areas Limited to Use of Artificial Lures Only.

    (a) Special provisions in effect on these areas:

      (i) A person may not have any trout in possession while fishing in these areas. All trout which are caught shall be released and returned to the water.

      (ii) A person may fish only with artificial lures, including artificial flies.

      (iii) In these areas, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish.

      (iv) The open season for artificial lure fishing is January 1 through December 31, inclusive.

      (v) A person may not fish with any barbed hook.

    (b) Areas subject to the provisions of this section are:

      (i) Patuxent River, Howard and Montgomery counties. The mainstem of the Patuxent River from the crossing of Maryland Route 97 upstream to the crossing of Maryland Route 27 and Cabin Branch from its confluence with the Patuxent River upstream to Hipsley Mill Road.

      (ii) Morgan Run, Carroll County. From bridge on London Bridges Road upstream to bridge on Maryland Route 97.

      (iii) Paint Branch and Tributaries, Montgomery County upstream of Fairland Road.

      (iv) Gunpowder Falls, Baltimore County. Mainstem, from Prettyboy Reservoir Dam downstream to Bluemount Road.

      (v) North Branch Potomac River from an overhead cable and red bank post located approximately 345 yards below the Jennings Randolph Reservoir spillway downstream approximately 1 mile to a red post, located approximately 100 yards above the upstream concrete abutments at Barnum, West Virginia, and from a red post located below a pool known as Blue Hole approximately 1/3 mile upstream of Bench Mark 1110 on the Westernport U.S.G.S. Quadrangle, downstream approximately 4 miles to the confluence of Piney Swamp Run.

      (vi) Youghiogheny River, Garrett County. Mainstem beginning at a red post approximately 100 yards upstream of the Deep Creek Lake tailrace and extending downstream 4 miles to the Sang Run Bridge.

      (vii) Little Hunting Creek, Frederick County. Mainstem from a red post located approximately 1/4 mile downstream of Maryland Route 806, upstream to include all waters of Little Hunting Creek within the boundaries of Cunningham Falls State Park.

  (4) Areas Limited to Artificial Fly Fishing Only.

    (a) Special provisions in effect on these areas:

      (i) A person may not have any trout in possession while fishing in these areas. All trout which are caught shall be released and returned to the water.

      (ii) A person may fish only with artificial flies and streamers constructed in a normal fashion using natural or synthetic materials, or both, which may include feathers, fur, hair, tinsel, thread, fiber, plastic, cork, wire, and rubber, on a single hook with the components wound on or about the hook. A person may not use molded replicas of insects, earthworms, fish eggs, fish, or any invertebrate or vertebrate, either singly or in combination with the other materials, or other lures commonly described as spinners, spoons, or plugs made of metal, plastic, wood, rubber, or a similar substance or a combination of these.

      (iii) A person may fish only with conventional fly fishing tackle, including fly rods, fly reels, and fly line with a leader or monofilament line attached. Any method of angling when the fly is cast directly from the reel is prohibited. The use of centerpin, spinning, spincast, and casting reels is prohibited.

      (iv) In these areas, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish.

      (v) The open season is January 1 through December 31, inclusive.

      (vi) A person may not fish with any barbed hook.

    (b) Areas subject to provisions of this section are:

      (i) Big Hunting Creek, Frederick County. All waters of Big Hunting Creek and its tributaries within Cunningham Falls State Park and Catoctin Mountain Park except Owens Creek, Little Hunting Creek, Cunningham Falls Lake, and Frank Bentz Pond;

      (ii) Beaver Creek, Washington County. From the confluence with Black Rock Creek downstream to the downstream side of the U.S. Route 40 bridge ; and

      (iii) Patuxent River, Montgomery and Howard Counties. From red bank posts located on both sides of the river approximately 400 yards below Brighton Dam downstream to Mink Hollow Road.

D. Trophy Trout Fishing Areas.

  (1) Savage River mainstem from the downstream side of the Route 135 bridge upstream for a distance of approximately 2.7 miles to the lower suspension bridge (Allegany Bridge) is a trophy trout fishing area. The following apply:

    (a) Open season — no closed season.

    (b) Creel limit all trout species in aggregate — daily: 2, possession: 4.

    (c) Minimum size: brook trout — 12 inches; brown trout — 18 inches; all other species of trout — no minimum size.

    (d) A person may not have in possession any trout smaller than the minimum size limit in effect for this area.

    (e) A person may fish only with artificial lures, including artificial flies. Treble hooks are prohibited. Each artificial lure is restricted to a single hook with a single hook point.

    (f) In these areas, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish.

  (2) Savage River mainstem from the Savage River Reservoir Dam downstream to the lower suspension bridge (Allegany Bridge) is a trophy trout fishing area. The following apply:

    (a) Open season — no closed season

    (b) Creel limit all trout species in aggregate — daily: 2, possession: 4.

    (c) Minimum size: brook trout — 12 inches; brown trout — 18 inches; all other species of trout — no minimum size.

    (d) A person may fish only with artificial flies.

    (e) In these areas, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish. Section C(4)(a)(ii)—(iv), of this regulation shall apply to this special trout management area.

    (f) A person may not have in possession any trout smaller than the minimum size limit in effect for this area.

E. Areas Limited to Fishing by Persons Younger than 16 Years Old, Persons 65 Years Old or Older, and Blind Persons.

  (1) Special provisions in effect on these areas:

    (a) Fishing in these areas is limited to persons under 16 years old, persons 65 years old and older, and blind persons;

    (b) Section B(1)—(3) of this regulation shall apply to these special trout management areas.

  (2) Areas subject to provisions of this section:

    (a) Laurel Run (Moscow), Allegany County.

    (b) Pangborn Pond, Washington County.

    (c) Rising Sun Pond from March 1 through May 15.

    (d) Boonsboro Pond, Washington County.

F. Areas Limited to Fishing by Persons under 16 Years Old and Blind Persons.

  (1) Special provisions in effect on these areas.

    (a) Fishing in these areas is limited to individuals under 16 years old and blind persons.

    (b) Section B(1)—(3) of this regulation shall apply to these special trout management areas.

  (2) Areas subject to provisions of this section:

    (a) Carroll Creek from a red post located approximately 300 yards upstream of Baughmans Lane downstream to the dam at College Avenue;

    (b) Little Tonoloway Creek within Weidmeyer Park in Hancock;

    (c) Glades Park Pond on Liberty Street in Oakland;

    (d) George's Creek within Town Park in Westernport;

    (e) Little Antietam Creek at Keedysville, from Coffman Farms Road downstream to Maryland Route 34; and

    (f) Grantsville Parkview Pond off Hershberger Lane.

G. Delayed Harvest Trout Fishing Areas and Requirements.

  (1) Group I Delayed Harvest Trout Fishing Areas and Restrictions.

    (a) Group I Fishing Areas.

      (i) Catoctin and Little Catoctin Creek (Frederick County) from U.S. Route 40 near its intersection with Maryland Route 17 within Doubs Meadow Park downstream to the lower park boundary near Myersville.

      (ii) Catoctin Creek (Frederick County) from the southernmost boundary of Catoctin Creek Park upstream to 200 feet north of the Sumantown Road Bridge.

      (iii) Middle Patuxent River (Howard County) from U.S. Route 29 downstream to Murray Hill Road.

      (iv) Town Creek mainstem (Allegany County) within Green Ridge State Forest, from a red post located approximately 3/4 mile downstream of the upper ford on lower Town Creek Road, just south of the Wagner Road intersection, downstream to a red post located just upstream of the lower ford on Lower Town Creek Road (Mallory Place), and from a post located approximately 1/2 mile downstream of Maniford Road to a red post located approximately 1-3/4 miles downstream (Bull Ring Ranch).

      (v) South Branch Patapsco River from West Friendship Road (Howard County) and Main Street (Carroll County) upstream approximately 1.1 mile to the upper boundary of the Hugg Thomas Wildlife Management Area.

    (b) Season, Creel, and Possession Limits for Group I Fishing Areas.

      (i) From June 1 through September 30, inclusive, the daily creel limit is five trout and the possession limit is ten trout (all species of trout in aggregate); and

      (ii) From October 1 through May 31, inclusive, a person may not have any trout in possession while fishing in these areas, and shall immediately release any trout caught to the water from which the trout was taken.

    (c) Bait Restrictions for Group I Fishing Areas.

      (i) From June 1 through September 30, inclusive, no special bait, lure, or tackle restrictions are in effect.

      (ii) From October 1 through May 31, inclusive, in these areas, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish.

    (d) From October 1 through May 31, inclusive, in these areas, a person may not fish with any barbed hook.

  (2) Group II Delayed Harvest Trout Fishing Areas and Restrictions.

    (a) Group II Fishing Areas.

      (i) Casselman River mainstem (Garrett County) from a boundary marked by two red posts on both stream banks located on the south side of the Interstate 68 eastbound bridge downstream to the Pennsylvania state line.

      (ii) North Branch Potomac River mainstem (Garrett County) from the lowermost boundary of the Potomac State Forest near Lostland Run to the uppermost boundary of the Potomac State Forest at Wallman.

      (iii) Youghiogheny River mainstem (Garrett County) below Friendsville from a site located 50 yards downstream of Maple Street (at the confluence of Minnow Run) downstream 1.8 miles to the powerline crossing upstream of the Youghiogheny Reservoir.

    (b) Season, Creel, and Possession Limits for Group II Fishing Areas.

      (i) From June 16 through September 30, inclusive, the daily creel limit is five trout and the possession limit is ten trout (all species of trout in aggregate).

      (ii) From October 1 through June 15, inclusive, a person may not have any trout in possession while fishing in these areas, and shall immediately release any trout caught to the water from which the trout was taken.

    (c) Bait Restrictions for Group II Fishing Areas.

      (i) From June 16 through September 30, inclusive, no special bait, lure, or tackle restrictions are in effect.

      (ii) From October 1 through June 15, inclusive, in these areas, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish.

    (d) From October 1 through June 15, inclusive, in these areas, a person may not fish with any barbed hook.

H. Special Restrictions for Brook Trout.

  (1) Nontidal Waters East of Interstate 81. A person may not have brook trout in possession while fishing in nontidal waters of the State located east of Interstate 81.

  (2) Savage River.

    (a) Special provisions in effect on this area:

      (i) A person may use only artificial flies and lures;

      (ii) A person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish; and

      (iii) A person may not have brook trout in possession while fishing in this area.

    (b) The area subject to the provisions of §H(2)(a) of this regulation is the Savage River mainstem and tributaries upstream of the Savage River Reservoir dam, excluding impoundments and Put-and-Take Trout Fishing Areas (Savage River Reservoir, Savage River from Savage River Reservoir upstream to Poplar Lick Run, and New Germany Lake).

I. Youth Trout Fishing Day.

  (1) Youth trout fishing day is the Saturday before the last Saturday in March in areas designated as Closure 1 in §B of this regulation.

  (2) Fishing Hours. The fishing hours on youth trout fishing day are from 6:30 a.m. to 10 p.m.

  (3) Fishing in the areas during the date and times described in this section is limited to individuals younger than 16 years old.

  (4) Creel and Possession Limits.

    (a) Brook trout — Daily: 0, Possession: 0.

    (b) All other species of trout in aggregate — Daily: 2, Possession: 2.

J. Special Restrictions for Beaver Creek. A person may not have any brown trout in possession while fishing in Beaver Creek, from the confluence with Antietam Creek upstream to the Albert Powell State Trout Hatchery.

#### Regulation .02 Definitions.

*COMAR 08.02.11.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Daily creel limit” means the total number of a species of fish that can be in an individual's possession while afield or on the water between 12:01 a.m. and midnight.

  (2) “Possession limit” means the total number of a particular species, including the daily creel limit and any previously caught fish, that an individual may possess or control in any location.

#### Regulation .03 Special Fisheries Management Areas.

*COMAR 08.02.11.03*

A. Largemouth Bass and Smallmouth Bass Slot Length Limit Fishing Areas.

  (1) The following special regulations are in effect in these areas during the open season for largemouth and smallmouth bass:

    (a) A person may possess five bass (largemouth and smallmouth bass in aggregate) per day while fishing in these areas;

    (b) A person may not possess any largemouth bass or smallmouth bass from 11 inches up to but not including 15 inches total length while fishing in these areas;

    (c) A person may possess one largemouth bass or smallmouth bass per day, 15 inches and over, while fishing in these areas.

  (2) The areas subject to this provision are:

    (a) St. Mary's Lake, Maryland Route 5, St. Mary's County;

    (b) Little Seneca Lake, Montgomery County;

    (c) Johnson Pond, Wicomico County; and

    (d) Leonard Mill Pond, Wicomico County.

B. Impoundments Limited to Catch-and-Return Fishing.

  (1) This section applies to the following areas:

    (a) Lake Hashawha in Carroll County;

    (b) Upper John Owings Pond in Carroll County; and

    (c) Waterworks Park in Anne Arundel County.

  (2) While fishing in the areas set forth in §B(1) of this regulation, a person:

    (a) Shall immediately return live any fish caught to the water where taken; and

    (b) May not keep or possess any fish while fishing in these areas.

C. Catch-and-Return Bass Areas.

  (1) Special provisions in effect for catch-and-return bass areas are that a person:

    (a) Who catches a largemouth or smallmouth bass shall immediately release that bass in the water where it was caught; and

    (b) May not possess largemouth or smallmouth bass while within the designated catch-and-return areas.

  (2) The areas subject to the provisions of this section are the:

    (a) Potomac River from Dam No. 2 (Seneca Breaks) upstream to the mouth of the Monocacy River;

    (b) Monocacy River from the Potomac River upstream to Buckeystown Dam; and

    (c) Patapsco River from Interstate 70 downstream to Maryland Route 144 (Frederick Road).

#### Regulation .04 Statewide General Regulations.

*COMAR 08.02.11.04*

A. Open Seasons, Creel, Possession, and Size Limits on Game and Fresh Water Fish in Nontidal Waters. Except as otherwise provided in this chapter for specific areas, the following apply Statewide:

  (1) Open Seasons.

  (2) Creel and Possession Limits.

  (3) Minimum Size from Tip of Nose to End of Caudal Fin or Tail.

B. Swimming. Swimming is prohibited in any area controlled by the Inland Fisheries Division except in designated areas.

C. Ice Fishing in Nontidal Waters.

  (1) A person may fish through the ice in any nontidal waters of the State during the lawful open season if an angler's license first is obtained.

  (2) A person may not cut a hole through the ice for the purpose of ice fishing that measures more than 10 inches across in any direction.

  (3) It will be lawful for any person who is ice fishing to use up to five tip ups or rods (hand held devices) when ice fishing.

  (4) All tip ups and rods used by a person engaged in ice fishing shall be under the immediate control of the person.

D. State Fish Refuges and Fish Hatcheries. A person may not fish in any State fish refuge, fish hatchery, or fish propagation area except persons authorized by the Department.

E. Importation — Fish.

  (1) For the purpose of this regulation, “indigenous” means any fish species that naturally occurs in, or has been artificially introduced into, the waters of the State, and has established self-sustaining populations for at least 10 years.

  (2) So that the fish populations in the nontidal waters of the State may be protected from exotic species that might be harmful, a person may not introduce into the nontidal waters, or import or possess for introduction, any live fish not indigenous to the nontidal waters of the State.

  (3) Insofar as indigenous fish species of the tidal waters have not been harmful to the nontidal waters, but exotic species pose a threat to nontidal fish populations, a person may not introduce into the tidal waters, or import or possess for introduction, any live fish not indigenous to the tidal waters of the State without first obtaining a permit to do so from the Inland Fisheries Division. This permit shall be granted only if satisfactory proof is presented to the Division that the specific fish intended to be imported will be free of any communicable disease at the time of importation and will not be harmful to the native flora and fauna in the nontidal waters. Application for the permit shall be filed with the Division not less than 60 days before the proposed date of importation.

  (4) The provisions of this regulation with respect to importation and possession do not apply to fish for use in laboratories or exhibitions, or for use as pets. Any fish not indigenous to the waters of the State shall be held only in aquaria or other indoor facility from which escape into the waters of the State is impossible.

  (5) The introduction of any indigenous fish species except bait fish on a hook for the purpose of angling into the nontidal waters of the State is prohibited without written approval of the Inland Fisheries Division.

F. Commercial Harvest and Sale of Fish. Except as provided in Natural Resources Article, §4-11A-02, Annotated Code of Maryland, requirements concerning aquaculture operations, a person may not buy, sell, or offer to buy or sell any fish harvested from the nontidal waters of the State.

G. Vehicles on Inland Fisheries Division Owned or Controlled Lands.

  (1) For the purpose of this regulation, “vehicle” means a vehicle or vessel propelled by mechanical power that is capable of travelling on land, snow, or ice.

  (2) A person may not operate any vehicle on any lands owned or controlled by the Inland Fisheries Division without written permission of the Division except on those roads, lanes, or areas which are open to automobile traffic or which are specifically marked by the Division.

H. Camping on Inland Fisheries Division Owned or Controlled Lands.

  (1) For the purpose of this regulation, “camping” means erecting tents or other shelters for the purpose of residing temporarily upon the property overnight.

  (2) A person may not camp on lands owned or controlled by the Inland Fisheries Division except on designated sites or by written permit, or both.

  (3) It is unlawful to fish in a lake or pond owned or controlled by the Inland Fisheries Division before 5:30 a.m. and after 10 p.m.

I. Bait.

  (1) Term Defined. In this regulation, the term “bait fish” means any species of fish which does not otherwise have a catch or possession limit and which is legally permitted to be put on a hook for the purpose of catching fish.

  (2) A person may not:

    (a) Take or possess more than 35 bait fish in any day from nontidal waters of the State; or

    (b) Take bait fish of any area described in Regulation .01B—H of this chapter.

  (3) Crayfish.

    (a) In the waters of the Middle Potomac River, Upper Potomac River, and Susquehanna River basins, as described by Maryland Integrated Watershed Data and Information System 6-Digit Map, a person may not:

      (i) Catch and possess any species of crayfish unless the head is immediately removed behind the eyes upon capture;

      (ii) Use any species of crayfish as bait unless the head is removed behind the eyes;

      (iii) Possess any species of crayfish while fishing unless the head is removed behind the eyes; or

      (iv) Catch and possess an egg-bearing female with eggs attached to the underside of the abdomen.

    (b) In addition to §I(2)(a) of this regulation, regulations relating to the importation, transport, purchase, possession, propagation, sale, or release of specific nuisance species of crayfish appear in COMAR 08.02.19.04.

J. Possession of Fish Whose Physical Condition Has Been Altered.

  (1) While at the fishing location, a person may not remove the head and tail of any:

    (a) Fish for which there is a minimum size; or

    (b) Trout.

  (2) The head and tail of any fish for which there is a minimum size or trout shall remain attached in such a manner as to permit identification of fish species and total length.

  (3) An individual may not have in possession at a fishing location more than 1 quart of fish which have been cut into pieces.

  (4) This provision does not apply to the capture of snakehead fish, under §N of this regulation.

K. Closing Against Entry. A person or vehicle may not enter, go upon, or remain upon any lands or waters owned or controlled by the Department after the posted hours for closing to public use or during any periods when those lands or waters are closed to public entry, except by written permission of the Department.

L. Culling of Trout.

  (1) In this chapter, “cull” means to exchange or discard a trout in order to possess another trout.

  (2) An individual may not cull trout.

  (3) A trout that is not immediately released becomes part of the daily creel limit and may not be returned to the water.

  (4) A trout is part of the daily creel and possession limit if it cannot freely swim away from a person.

M. Licenses and Stamps.

  (1) A person may not catch or attempt to catch game or freshwater fish without first obtaining an angler's license in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland.

  (2) A person may not catch, attempt to catch or possess trout without first obtaining a trout stamp.

N. Snakehead Harvest.

  (1) An individual may capture and possess a snakehead fish using any legal method if, immediately upon capture, the snakehead is killed.

  (2) The capture and possession of snakehead fish is not subject to any season, creel limit, or size limit.

  (3) Further restrictions on possession of certain species of snakehead fish may be found in COMAR 08.02.19.06.

O. Public Notices.

  (1) The Secretary may modify catch limits, size limits, and restricted areas, or open, close, or modify a season by publishing notice in a daily newspaper of general circulation at least 48 hours in advance, 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 a reasonable opportunity to be informed.

P. In addition to any requirements in this chapter, gear may only be used in accordance with the requirements in COMAR 08.02.25.

#### Regulation .05 Fee Fishing Lakes.

*COMAR 08.02.11.05*

A. The Department may issue permits authorizing the establishment and operation of artificial or man-made ponds or lakes owned, leased, or controlled by an individual, if they are constructed so as not to interfere with fishing rights or natural migration of fish if the Department determines that these lakes and ponds do not conflict with any reasonable prior public interest. Fishing in these areas may be permitted for payment of a fee and they may be stocked with fish artificially propagated by commercial hatcheries or purchased from persons licensed to sell fish.

#### Regulation .06 Youghiogheny River Lake.

*COMAR 08.02.11.06*

A. All species of Trout and Salmon.

  (1) The following apply from 8 a.m. the first Saturday after April 11 through Labor Day:

    (a) The minimum size is 7 inches; and

    (b) The daily catch limit is 5 (combined species).

  (2) The following apply from 12:01 a.m. the day after Labor Day through the last day of February:

    (a) The minimum size is 7 inches; and

    (b) The daily catch limit is 3 (combined species).

  (3) The season is closed from March 1 through 8 a.m. the first Saturday after April 11.

B. Bass — Largemouth, Smallmouth, and Spotted.

  (1) The following apply from January 1 through the day before the second Saturday in April and from November 1 through December 31:

    (a) The minimum size is 15 inches; and

    (b) The daily catch limit is 4 (combined species).

  (2) The season is closed from 12:01 a.m. the second Saturday in April through 12:01 a.m. the second Saturday in June.

  (3) The following apply from 12:01 a.m. the second Saturday in June through October 31:

    (a) The minimum size is 12 inches; and

    (b) The daily catch limit is 6 (combined species).

C. Muskellunge and Muskellunge Hybrids.

  (1) There is no closed season.

  (2) The minimum size is 40 inches.

  (3) The daily catch limit is 1 (combined species).

D. Pickerel.

  (1) There is no closed season.

  (2) The minimum size is 18 inches.

  (3) The daily catch limit is 4.

E. Northern Pike.

  (1) There is no closed season.

  (2) The minimum size is 24 inches.

  (3) The daily catch limit is 2.

F. Walleye and Walleye Hybrids.

  (1) The season is open only from:

    (a) January 1 through March 14; and

    (b) The first Saturday in May through December 31.

  (2) The minimum size is 15 inches.

  (3) The daily catch limit is 6.

G. Sauger.

  (1) The season is open only from:

    (a) January 1 through March 14; and

    (b) The first Saturday in May through December 31.

  (2) The minimum size is 12 inches.

  (3) The daily catch limit is 6.

H. American Shad.

  (1) There is no closed season.

  (2) There is no minimum size.

  (3) The daily catch limit is 3.

I. River Herring (Alewife and Blueback Herring).

  (1) There is no closed season.

  (2) There is no minimum size.

  (3) The daily catch limit is 50 (combined species).

J. Gizzard Shad.

  (1) There is no closed season.

  (2) There is no minimum size.

  (3) The daily catch limit is 50.

K. Striped Bass and Striped Bass Hybrids.

  (1) There is no closed season.

  (2) The minimum size is 20 inches.

  (3) The daily catch limit is 2 (combined species).

L. Sunfish, Yellow Perch, White Perch, Crappies, Catfish, Rock Bass, Suckers, Carp, and White Bass.

  (1) There is no closed season.

  (2) There is no minimum size.

  (3) The daily catch limit is 50 (combined species).

M. Bait Fish and Fish Bait.

  (1) Except as closed in §Q of this regulation:

    (a) Bait fish includes:

      (i) All forms of the minnow family (Cyprinidae) except carp and goldfish;

      (ii) Suckers, chubs, fallfish, and lampreys measuring less than 8 inches in length; and

      (iii) All forms of darters, killifishes, and madtoms (stonecats); and

    (b) Fish bait includes the nymphs, larvae, and pupae of all insects spending any part of their life cycle in the water.

  (2) There is no closed season.

  (3) There is no minimum size.

  (4) The daily catch limit is 50 (combined species).

N. Mud Bugs (Dragonfly Nymphs).

  (1) There is no closed season.

  (2) There is no minimum size.

  (3) There is no daily catch limit.

O. American Eel.

  (1) There is no closed season.

  (2) The minimum size is 9 inches.

  (3) The daily catch limit is 25.

P. Crayfish.

  (1) There is no closed season.

  (2) There is no minimum size.

  (3) The daily catch limit is 50.

  (4) The head of the crayfish must be immediately removed behind the eyes upon capture unless used as bait in the water from which taken.

Q. There is no open season for:

  (1) Species listed as endangered, threatened, or in need of conservation in COMAR 08.03.08;

  (2) Any species of mussel;

  (3) Any species of clam;

  (4) Paddlefish (Polyodon spathula);

  (5) Northern brook lamprey (Ichthyomyzon fossor);

  (6) Mountain brook lamprey (Ichthyomyzon greeleyi);

  (7) Lake sturgeon (Acipenser fulvescens);

  (8) Atlantic sturgeon (Acipenser oxyrhynchus);

  (9) Spotted gar (Lepisosteus oculatus);

  (10) Hickory shad (Alosa mediocris);

  (11) Cisco (Coregonus artedi);

  (12) Northern redbelly dace (Phoximus eos);

  (13) Gravel chub (Erimystax x-punctatus);

  (14) River shiner (Notropis blennius);

  (15) Ghost shiner (Notropis buchanani);

  (16) Blackchin shiner (Notropis heterodon);

  (17) Redfin shiner (Lythrurus umbratilis);

  (18) Bigmouth buffalo (Ictiobus cyprinellus);

  (19) Black bullhead (Amerius melas);

  (20) Mountain madtom (Noturus eleutherus);

  (21) Tadpole madtom (Noturus gyrinus);

  (22) Northern madtom (Noturus stigmosus);

  (23) Burbot (Lota lota);

  (24) Threespine stickleback (Gasterosteus aculeatus);

  (25) Banded sunfish (Enneacanthus obesus);

  (26) Warmouth (Lepomis gulosus);

  (27) Longear sunfish (Lepomis megalotis);

  (28) Iowa darter (Etheostoma exile);

  (29) Eastern sand darter (Etheostoma pellucida);

  (30) Bigmouth shiner (Notropis dorsalis);

  (31) Southern redbelly dace (Phoxinus erythrogaster);

  (32) Spotted sucker (Minytrema melanops);

  (33) Brindled madtom (Noturus miurus);

  (34) Bluebreasted darter (Etheostoma camurum);

  (35) Spotted darter (Etheostoma maculatum);

  (36) Tippecanoe darter (Etheostoma tippecanoe);

  (37) Gilt darter (Percina evides); and

  (38) Chesapeake logperch (Percina bimaculata).

#### Regulation .07 Repealed.

*COMAR 08.02.11.07*

#### Regulation .08 Special Regulations for Deer Creek and Swan Creek.

*COMAR 08.02.11.08*

A. Manner of Fishing. Subject to the provisions of §C of this regulation, a person may catch or attempt to catch fish in Deer Creek and Swan Creek only by hook and line, with the line held in hand, attached to a pole or rod held in hand, or attended in a manner that the fish voluntarily takes bait or lure in its mouth.

B. Prohibited Bait. A person may not possess or use minnows for bait while fishing in Deer Creek and Swan Creek.

C. Scientific Collection Permit. A person may collect fish and eggs for scientific purposes in Deer Creek and Swan Creek only if he first obtains a special scientific permit for these waters from the Department. Any scientific permit issued before January 1, 1975, for the collection of fish and eggs is revoked with respect to the collection of fish and eggs in Deer Creek and Swan Creek.

### Chapter 12 — Endangered and Threatened Fish Species

**Authority:** Natural Resources Article, §4-2A-01 et seq., Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 1985 (11:26 Md. R. 2278)

**Administrative History:** Regulation .01 amended effective September 3, 1990 (17:17 Md. R. 2077)

**Administrative History:** Regulation .01C amended as an emergency provision effective March 1, 1993 (20:6 Md. R. 577); emergency status expired August 1, 1993

**Administrative History:** Regulation .01C amended effective August 16, 1993 (20:16 Md. R. 1276); December 19, 1994 (21:25 Md. R. 2104); February 27, 1995 (22:4 Md. R. 236)

**Administrative History:** Regulation .01C amended and D repealed as an emergency provision effective June 1, 1999 (26:13 Md. R. 1016); amended permanently effective September 6, 1999 (26:18 Md. R. 1375)

**Administrative History:** Regulation .01C amended as an emergency provision effective January 8, 2001 (28:2 Md. R. 96); amended permanently effective April 16, 2001 (28:7 Md. R. 688)

**Administrative History:** Regulation .01C amended as an emergency provision effective June 1, 2003 (30:13 Md. R. 851); amended permanently effective August 18, 2003 (30:16 Md. R. 1074)

**Administrative History:** Regulation .01D adopted effective October 20, 1997 (24:21 Md. R. 1448)

**Administrative History:** Regulation .02 amended effective December 19, 1994 (21:25 Md. R. 2104)

**Administrative History:** Regulation .02A and B amended effective September 3, 1990 (17:17 Md. R. 2077)

**Administrative History:** Chapter revised effective February 13, 2006 (33:3 Md. R. 240)

**Administrative History:** Regulation .01B amended effective February 17, 2025 (52:3 Md. R. 159)

**Administrative History:** Regulation .03 amended effective March 4, 2013 (40:4 Md. R. 344)

**Administrative History:** Regulation .03A amended as an emergency provision effective June 17, 2013 (40:15 Md. R. 1225); emergency status extended to September 2, 2013 (40:19 Md. R. 1539)

**Administrative History:** Regulation .03 amended effective September 2, 2013 (40:17 Md. R. 1419); March 3, 2014 (41:4 Md. R. 299)

**Administrative History:** Regulation .03A amended effective September 12, 2016 (43:18 Md. R. 1017); March 26, 2018 (45:6 Md. R. 318); December 11, 2023 (50:24 Md. R. 1040); February 17, 2025 (52:3 Md. R. 159)

**Administrative History:** Regulation .03C amended effective February 11, 2008 (35:3 Md. R. 288); August 24, 2009 (36:17 Md. R. 1312); June 28, 2010 (37:13 Md. R. 851)

#### Regulation .01 Definitions.

*COMAR 08.02.12.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Endangered species” means any species whose continued existence as a viable component of the State's fish resources is determined to be in jeopardy, including any species of fish determined to be an “endangered species” pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§1531—1543.

  (2) “Species in need of conservation” means any species which:

    (a) May become threatened in the foreseeable future;

    (b) Has a limited or declining population; and

    (c) Has been determined by the Secretary to be in need of conservation measures for its continued ability to sustain itself successfully.

  (3) “Threatened species” means any species of fish which appears likely, within the foreseeable future, to become endangered, including any species of fish determined to be a “threatened species” pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§1531—1543.

#### Regulation .02 Factors for Endangered or Threatened Determination.

*COMAR 08.02.12.02*

A. Determination Pursuant to the Endangered Species Act.

  (1) Any species of fish determined to be an endangered species pursuant to the Endangered Species Act shall be considered an endangered species under the provisions of this subtitle.

  (2) Any species of fish determined to be a threatened species pursuant to the Endangered Species Act shall be considered a threatened species under the provisions of this subtitle.

  (3) The Secretary may determine, in accordance with this regulation, that any threatened species is an endangered species throughout all or any portion of the range of the species within the State.

B. Determination Pursuant to Other Factors. In addition to the species considered to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, by rule or regulation, shall determine whether any species of fish normally occurring within the State is an endangered or threatened species due to any of the following factors:

  (1) The present or threatened destruction, modification, or curtailment of its habitat or range;

  (2) Overutilization for commercial, sporting, scientific, educational, or other purposes;

  (3) Disease or predation;

  (4) The inadequacy of existing regulatory mechanisms; or

  (5) Other natural or manmade factors affecting its continued existence within the State.

#### Regulation .03 Listing of Species.

*COMAR 08.02.12.03*

A. The following species are listed as in need of conservation:

  (1) Striped bass (Morone saxatilis);

  (2) American shad (Alosa sapidissima);

  (3) Hickory shad (Alosa mediocris);

  (4) Yellow perch (Perca flavescens);

  (5) American oyster (Crassostrea virginica);

  (6) Spanish mackerel (Scomberomorus maculatus);

  (7) All species of shark in the order:

    (a) Carcharhiniformes

    (b) Hexanchiformes;

    (c) Lamniformes;

    (d) Orectolobiformes;

    (e) Squaliformes; and

    (f) Squatiniformes;

  (8) Conch:

    (a) Knobbed whelk (Busycon carica),

    (b) Channel whelk (Busycotypus canaliculatus), and

    (c) Lightning whelk (Busycotypus sinistrum);

  (9) Scup (Stenotomus chrysops);

  (10) Bluefin tuna (Thunnus thynnus);

  (11) Monkfish (Lophius americanus);

  (12) Spiny dogfish (Squalus acanthias);

  (13) Swordfish (Xiphias gladius);

  (14) Billfish:

    (a) Atlantic Blue Marlin (Makaira nigricans);

    (b) Atlantic White Marlin (Kajikia albidus);

    (c) Atlantic Sailfish (Istiophorus platypterus); and

    (d) Roundscale Spearfish (Tetrapturus georgii);

  (15) Walleye (Sander vitreus);

  (16) Bay Scallop (Argopecten irradians);

  (17) Snapper Grouper Complex:

    (a) Queen snapper (Etelis oculatus);

    (b) Yellowtail snapper (Ocyurus chrysurus);

    (c) Gray snapper (Lutjanus griseus);

    (d) Mutton snapper (Lutjanus analis);

    (e) Lane snapper (Lutjanus synagris);

    (f) Cubera snapper (Lutjanus cyanopterus);

    (g) Dog snapper (Lutjanus jocu);

    (h) Schoolmaster (Lutjanus apodus);

    (i) Mahogany snapper (Lutjanus mahogoni);

    (j) Vermilion snapper (Rhomboplites aurorubens);

    (k) Red snapper (Lutjanus campechanus);

    (l) Silk snapper (Lutjanus vivanus);

    (m) Blackfin snapper (Lutjanus buccanella);

    (n) Black snapper (Apsilus dentatus);

    (o) Red porgy (Pagrus pagrus);

    (p) Sheepshead (Archosargus probatocephalus);

    (q) Knobbed porgy (Calamus nodosus);

    (r) Jolthead porgy (Calamus bajonado);

    (s) Whitebone porgy (Calamus leucosteus);

    (t) Saucereye porgy (Calamus calamus);

    (u) Grass porgy (Calamus arctifrons);

    (v) Longspine porgy (Stenotomus caprinus);

    (w) White grunt (Haemulon plumieri);

    (x) Black margate (Anistotremus surinamensis);

    (y) Margate (Haemulon album);

    (z) Tomtate (Haemulon aurolineatum);

    (aa) Sailor's choice (Haemulon parra);

    (bb) Porkfish (Anisotremus virginicus);

    (cc) Bluestriped grunt (Haemulon sciurus);

    (dd) French grunt (Haemulon flavolineatum);

    (ee) Cottonwick (Haemulon melanurum);

    (ff) Spanish grunt (Haemulon macrostomum);

    (gg) Smallmouth grunt (Haemulon chrysargeryum);

    (hh) Greater amberjack (Seriola dumerili);

    (ii) Crevalle jack (Caranx hippos);

    (jj) Blue runner (Caranx crysos);

    (kk) Almaco jack (Seriola rivoliana);

    (ll) Banded rudderfish (Seriola zonanta);

    (mm) Bar jack (Caranx ruber);

    (nn) Lesser amberjack (Seriola fasciata);

    (oo) Yellow jack (Caranx bartholomaei);

    (pp) Gray triggerfish (Balistes capriscus);

    (qq) Ocean triggerfish (Canthidermis sufflamen);

    (rr) Queen triggerfish (Balistes vetula);

    (ss) Hogfish (Lachnolaimus maximus);

    (tt) Puddingwife (Halichoeres radiates);

    (uu) Atlantic spadefish (Chaetodipterus faber);

    (vv) Black grouper (Mycteroperca bonaci);

    (ww) Coney (Cephalopholis fulva);

    (xx) Gag grouper (Mycteroperca microlepis);

    (yy) Goliath grouper (Epinephelus itajara);

    (zz) Graysby (Cephalopholis cruentata);

    (aaa) Misty grouper (Epinephelus mystacinus);

    (bbb) Nassau grouper (Epinephelus striatus);

    (ccc) Red grouper (Epinephelus morio);

    (ddd) Red hind (Epinephelus guttatus);

    (eee) Rock hind (Epinephelus adscensionis);

    (fff) Scamp (Mycteroperca phenax);

    (ggg) Snowy grouper (Epinephelus niveatus);

    (hhh) Speckled hind (Epinephelus drummondhayi);

    (iii) Tiger grouper (Mycteroperca tigris);

    (jjj) Warsaw grouper (Epinephelus nigritus);

    (kkk) Wreckfish (Polyprion americanus);

    (lll) Yellowedge grouper (Epinephelus flavolimbatus);

    (mmm) Yellowfin grouper (Mycteroperca venenosa);

    (nnn) Yellowmouth grouper (Mycteroperca interstitialis);

    (ooo) Blueline tilefish (Caulolatilus microps);

    (ppp) Golden tilefish (Lopholatilus chamaeleonticeps); and

    (qqq) Sand tilefish (Malacanthus plumieri);

  (18) Atlantic menhaden (Brevoortia tyrannus);

  (19) Jonah crab (Cancer borealis);

  (20) Cobia (Rachycentron canadum);

  (21) Longnose gar (Lepisosteus osseus); and

  (22) All species of freshwater mussels in the order Unionoida.

B. The list of endangered and threatened species appears in COMAR 08.03.08.

#### Regulation .04 Prohibitions.

*COMAR 08.02.12.04*

A. Except as authorized by Natural Resources Article, §4-2A-08(a), Annotated Code of Maryland, or by a permit issued by the Secretary under §B of this regulation, a person may not take, possess, transport, export, process, sell, offer for sale, deliver, carry, or ship any fish of the species listed in Regulation .03A and B of this chapter.

B. Permit to Take or Possess Endangered or Threatened Species.

  (1) The Secretary may issue a permit, under the terms and conditions he prescribes, to allow the taking or possession of species listed in Regulation.03A and B of this chapter for:

    (a) Scientific purposes;

    (b) Enhancing the propagation and survival of a species; or

    (c) Aquaculture purposes in accordance with COMAR 08.02.14.

  (2) Violation of any provision or restriction of the permit shall constitute a violation of this regulation and may result, at the discretion of the Secretary, in revocation of the permit and confiscation of those species held pursuant to it.

C. A person may take, possess, transport, export, process, sell, or offer for sale, or ship those species designated as in need of conservation in Regulation .03E of this chapter unless prohibited by regulations adopted by the Department for each individual species.

D. Penalty. Violation of any provision of this regulation is subject to all penalties and actions included in Natural Resources Article, §§4-2A-07 and 4-1207, Annotated Code of Maryland. This may result in seizure of the fishing license and ultimate confiscation of all fish, fishing gear, equipment, and vessel used in the fishing activity.

### Chapter 13 — Fishing Licenses — Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure

**Authority:** Natural Resources Article, §§4-206, 4-220, 4-701, 4-745, 4-1201, and 4-1210; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

**Administrative History:** Effective date: October 20, 1986 (13:21 Md. R. 2320)

**Administrative History:** Regulation .01 amended effective February 27, 1995 (22:4 Md. R. 236); February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .02A amended effective January 2, 2006 (32:26 Md. R. 1996)

**Administrative History:** Regulation .02D amended effective April 13, 1992 (19:7 Md. R. 744); February 14, 2005 (32:3 Md. R. 289); January 2, 2006 (32:26 Md. R. 1996); November 5, 2007 (34:22 Md. R. 1976); April 6, 2009 (36:7 Md. R. 521)

**Administrative History:** Regulation .03 amended effective February 27, 1995 (22:4 Md. R. 236)

**Administrative History:** Regulation .03A amended effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .03C amended effective May 18, 1987 (14:10 Md. R. 1690); February 14, 2005 (32:3 Md. R. 289); November 5, 2007 (34:22 Md. R. 1976); April 6, 2009 (36:7 Md. R. 521)

**Administrative History:** Regulation .03E adopted effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .03E amended effective November 5, 2007 (34:22 Md. R. 1976)

**Administrative History:** Regulation .04 amended effective February 27, 1995 (22:4 Md. R. 236)

**Administrative History:** Regulation .04H and I amended effective April 15, 1991 (18:7 Md. R. 772)

**Administrative History:** Regulation .05 adopted effective February 14, 2005 (32:3 Md. R. 289)

**Administrative History:** Regulation .05 amended effective November 5, 2007 (34:22 Md. R. 1976)

**Administrative History:** Regulation .06 adopted effective February 22, 2010 (37:4 Md. R. 338)

**Administrative History:** Chapter revised effective February 22, 2010 (37:4 Md. R. 340)

**Administrative History:** Regulation .01 amended effective March 21, 2011 (38:6 Md. R. 393); April 15, 2013 (40:7 Md. R. 609)

**Administrative History:** Regulation .02 amended effective April 4, 2011 (38:7 Md. R. 429); April 15, 2013 (40:7 Md. R. 609); March 31, 2014 (41:6 Md. R. 377)

**Administrative History:** Regulation .02B amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superseded March 19, 2012 (39:5 Md. R. 381)

**Administrative History:** Regulation .02B amended effective March 19, 2012 (39:5 Md. R. 381)

**Administrative History:** Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 429); March 19, 2012 (39:5 Md. R. 381); April 15, 2013 (40:7 Md. R. 609); March 31, 2014 (41:6 Md. R. 377); February 16, 2015 (42:3 Md. R. 314); April 11, 2016 (43:7 Md. R. 448); March 23, 2020 (47:6 Md. R. 340); July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .03C amended effective October 18, 2021 (48:21 Md. R. 889)

**Administrative History:** Regulation .03C—F, H amended effective July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .03C, H, I amended effective June 26, 2023 (50:12 Md. R. 475)

**Administrative History:** Regulation .03E, F amended effective November 29, 2010 (37:24 Md. R. 1658)

**Administrative History:** Regulation .05 amended effective March 21, 2011 (38:6 Md. R. 393); March 19, 2012 (39:5 Md. R. 381); April 15, 2013 (40:7 Md. R. 609); February 16, 2015 (42:3 Md. R. 314); April 11, 2016 (43:7 Md. R. 448); March 23, 2020 (47:6 Md. R. 340); October 18, 2021 (48:21 Md. R. 889); August 19, 2024 (51:16 Md. R. 742)

**Administrative History:** Regulation .05D, E, F amended effective June 26, 2023 (50:12 Md. R. 475); July 7, 2025 (52:13 Md. R. 655); July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .05G, L amended effective March 31, 2014 (41:6 Md. R. 377)

**Administrative History:** Regulation .05J amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superseded March 19, 2012 (39:5 Md. R. 381)

**Administrative History:** Regulation .06 amended effective September 20, 2010 (37:19 Md. R. 1283)

**Administrative History:** Regulation .06C amended effective July 1, 2019 (46:13 Md. R. 589); October 31, 2022 (49:22 Md. R. 979) ; December 25, 2023 (50:25 Md. R. 1087)

**Administrative History:** Regulation .06C, E amended effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .06K amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superseded March 19, 2012 (39:5 Md. R. 381)

**Administrative History:** Regulation .06K amended effective March 19, 2012 (39:5 Md. R. 381)

**Administrative History:** Regulation .07 adopted effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .07 amended effective March 31, 2014 (41:6 Md. R. 377)

**Administrative History:** Regulation .07A, E amended effective February 16, 2015 (42:3 Md. R. 314)

**Administrative History:** Regulation .07B amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superseded March 19, 2012 (39:5 Md. R. 381)

**Administrative History:** Regulation .07B amended effective March 19, 2012 (39:5 Md. R. 381)

**Administrative History:** Regulation .08 adopted effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .08 amended effective March 19, 2012 (39:5 Md. R. 381); April 15, 2013 (40:7 Md. R. 609); February 16, 2015 (42:3 Md. R. 314); April 11, 2016 (43:7 Md. R. 448); March 23, 2020 (47:6 Md. R. 340); July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .08D—G, I amended effective July 7, 2025 (52:13 Md. R. 655)

**Administrative History:** Regulation .08I amended effective March 31, 2014 (41:6 Md. R. 377)

**Administrative History:** Regulation .09 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1145); adopted permanently effective October 31, 2011 (38:22 Md. R. 1345)

**Administrative History:** Regulation .10 adopted effective November 10, 2014 (41:22 Md. R. 1318)

**Administrative History:** Regulation .10F amended effective June 26, 2023 (50:12 Md. R. 475)

**Administrative History:** Regulation .10F, J amended effective March 23, 2020 (47:6 Md. R. 340)

#### Regulation .01 Purpose and Definitions.

*COMAR 08.02.13.01*

A. This chapter establishes suspension and revocation criteria for fishing privileges under Natural Resources Article, Title 4, Annotated Code of Maryland.

B. Definitions.

  (1) For purposes of this chapter, the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) “Conviction” includes:

      (i) A guilty verdict or accepted plea of nolo contendere;

      (ii) An admission of guilt to any charge made by the prepayment of the applicable fine instead of appearing for trial; or

      (iii) Each charged violation merged into a conviction.

    (b) “Entitlement to engage in a particular activity or activities under a tidal fish license” means the privilege to engage in commercial fishing activities without holding a tidal fish license and includes the privilege to work as a crew member or other assistant to a tidal fish licensee.

    (c) “Revocation” means the act of the Department permanently rescinding a fishing license, authorization, or entitlement and thereby permanently prohibiting a person from engaging in a fishing activity or activities under any circumstances.

    (d) “Suspension” means the act of the Department temporarily rescinding a fishing license, authorization, or entitlement and thereby temporarily prohibiting a person from engaging in a fishing activity or activities under any circumstances.

#### Regulation .02 Commercial License Suspension and Revocation.

*COMAR 08.02.13.02*

A. A person shall be notified when their tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is or may be subject to suspension or revocation.

B. Before the Department imposes a suspension or revocation under this regulation, a person is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

C. The Department may enter into a Consent Agreement for a period of suspension or revocation with a person who waives their right to a contested case hearing.

D. Suspension and Revocation.

  (1) The suspension and revocation schedule in §D(3) of this regulation establishes the maximum number of days that a person’s tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license may be suspended or revoked through the accumulation of points. A lesser penalty may be imposed at the Department's discretion if the circumstances warrant it, to include consideration of the person’s disciplinary record and the person’s agreement to comply with any conditions that the Department may reasonably require.

  (2) Points are assigned to convictions by tier based on the severity of the violation.

  (3) A person who in any 2-year period accumulates the number of points provided below shall be penalized in accordance with the following schedule:

  (4) The Department shall administer the point system in order to:

    (a) Deter future wrongdoing; and

    (b) Conserve fisheries.

  (5) A person who receives a third suspension or revocation within a 6-year period pursuant to any provisions of Regulation .02 or .03 of this chapter is subject to an additional suspension of their tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license for a period not to exceed 5 years.

  (6) When a person accumulates 25 points or more, is eligible for suspension for at least 180 days, or is eligible for revocation, for a commercial fishing violation, the Department may prohibit that person from transferring or obtaining a tidal fish license or authorization before any suspension or revocation is imposed.

  (7) A lesser penalty may be imposed at the Department's discretion, including consideration of the person's disciplinary record, an agreement to comply with any conditions that the Department may reasonably require, and any other mitigating circumstances.

E. General Prohibitions.

  (1) If a person’s tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is suspended or revoked that person is not and may not be authorized to engage or work in the fishery or fisheries for which the license, authorization, or entitlement was suspended or revoked whether or not the activity or activities require the use of another license, during the suspension or revocation period.

  (2) When a person’s tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is suspended or revoked, the Department may prohibit that person from engaging in any commercial fishing activities whether or not the activities require the use of another license, during the suspension or revocation period.

  (3) Unless authorized by Natural Resources Article, §4-702, Annotated Code of Maryland, if a person’s license, authorization, or entitlement to deal in seafood is suspended or revoked, that person may not deal in seafood harvested by another person whether or not the activity requires the use of another license, during the suspension or revocation period.

  (4) A person whose license has been suspended may not receive a tidal fish license in a transfer or purchase a new tidal fish license until after the suspension period has expired.

  (5) The Department may withhold approval of any change to a tidal fish license under Natural Resources Article, §4-701, Annotated Code of Maryland, until a pending administrative action involving the licensee is resolved.

#### Regulation .03 Point Assignment Schedule.

*COMAR 08.02.13.03*

A. For each conviction of a chargeable offense listed in §§C—I of this regulation, the Department shall enter on the record of the person the number of points listed for that particular conviction.

B. The points associated with each conviction are described in §§C—I of this regulation. All statutory references are to Natural Resources Article, Annotated Code of Maryland, unless otherwise noted.

C. Tier I. The following violations are Tier I violations. A person who receives a conviction for a Tier I violation receives 5 points.

D. Tier II. The following violations are Tier II violations. A person who receives a conviction for a Tier II violation receives 10 points.

E. Tier III. The following violations are Tier III violations. A person who receives a conviction for a Tier III violation receives 15 points.

F. Tier IV. The following violations are Tier IV violations. A person who receives a conviction for a Tier IV violation receives 20 points.

G. Tier V. The following violations are Tier V violations. A person who receives a conviction for a Tier V violation receives 25 points.

H. Tier VI. The following violations are Tier VI violations. A person who receives a conviction for a Tier VI violation receives 30 points.

I. Tier VII. The following violations are Tier VII violations. A person who receives a conviction for a Tier VII violation receives 35 points.

J. In addition to any other applicable penalty, a person may be suspended for a period of not less than 180 days and not exceeding 365 days during the oyster harvest season for:

  (1) The unlawful harvest of oysters from a leased oyster bottom or from more than 150 feet within an oyster sanctuary, oyster reserve, or area closed to harvest by the Department of the Environment, when the area is designated and marked with buoys or other signage or the person knew or should have known that the harvest of oysters from the area was unlawful; or

  (2) A violation of a time restriction for the harvest or possession of oysters by more than 2 hours.

K. In addition to any other applicable penalty, a person may be suspended for a period of not more than 3 years for an offense related to a violation of the Lacey Act, 16 U.S.C. 3371-3378, including but not limited to conspiracy to commit a violation of the Lacey Act, 18 U.S.C. 371.

#### Regulation .04 Repealed.

*COMAR 08.02.13.04*

#### Regulation .05 Recreational Fishing Suspension and Revocation.

*COMAR 08.02.13.05*

A. Any person who is convicted of an offense under §§D—H of this regulation or similar offenses under federal law in Maryland may:

  (1) Have all recreational fishing licenses issued by the Department revoked;

  (2) Be prohibited from engaging in any recreational fishing for the period of time described in §§D—H of this regulation;

  (3) Be prohibited from applying for any recreational fishing licenses for the period of time described in §§D—H of this regulation;

  (4) Not engage in any recreational fishing activities during a resulting period of suspension.

B. A revoked recreational fishing license is no longer valid for any purpose.

C. Applying for a recreational fishing license or engaging in recreational fishing activities when prohibited from doing so by this regulation is a misdemeanor and punishable as provided in Natural Resources Article, §4-1201(c), Annotated Code of Maryland.

D. A person who receives one of the following violations may be suspended for up to 90 days.

E. A person who receives one of the following violations may be suspended for up to 180 days.

F. A person who receives one of the following violations may be suspended for up to 1 year.

G. A person who receives one of the following violations may be suspended for up to 2 years.

H. A person who receives one of the following violations may be suspended for up to 5 years.

I. Any person who in any 8 year period receives five suspensions for violations as described in §§E—H of this regulation may be prohibited from engaging in all recreational fishing activities for 5 years.

J. Any person who in any 3 year period receives three suspensions for violations as described in §D of this regulation may be prohibited from engaging in all recreational fishing activities for 1 year.

K. Before the Department imposes a suspension or revocation under this regulation, a person is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-220, Annotated Code of Maryland.

L. The Department may agree to a settlement before proceeding to a contested case hearing.

M. A lesser penalty may be imposed at the Department's discretion if the circumstances warrant it, to include consideration of the person’s disciplinary record, an agreement to comply with any conditions that the Department may reasonably require, and any other mitigating circumstances.

#### Regulation .06 Commercial Fishing Records.

*COMAR 08.02.13.06*

A. Any person licensed to fish commercially shall accurately record their catch on forms provided by the Department.

B. During any season a licensee is authorized to fish commercially the licensee shall:

  (1) Accurately record their catch on the report or reports described in §C of this regulation or a comparable federal form approved by the Department; and

  (2) Unless the licensee has indicated on a form provided by the Department that the licensee will not be participating in a fishery for a particular period of time, the licensee shall submit the completed report or reports to the Department in accordance with §D of this regulation.

C. Reports.

  (1) During the appropriate open seasons, the following reports shall be submitted to the Department monthly:

  (2) The Maryland monthly oyster report is only required of a licensee that has paid the oyster surcharge in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

  (3) All licensees authorized under Natural Resources Article, §4-701, Annotated Code of Maryland, that guide fishing parties shall submit the Commercial Charter Boat Captain's Daily Log in accordance with this regulation.

D. The reports described in §C of this regulation shall be submitted by the 10th day of the month immediately following the month that the report or reports pertain to.

E. In accordance with Natural Resources Article, §4-701(l), Annotated Code of Maryland, the Department may suspend a person's tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license if the reports described in §C of this regulation are not received by the Department within 50 days of the due date described in §D of this regulation.

F. The maximum penalty for failing to submit reports within 50 days of the due date described in §D of this regulation shall be as follows:

G. The “Number of Late Reports” described in §F of this regulation means the number of late reports the Department has recorded for each individual report required by §C of this regulation in any 12-month period.

H. The “Number of Late Reports” described in §F of this regulation does not mean the total number of late reports the Department has recorded for all reports required by §C of this regulation.

I. The Department may only suspend a licensee under this regulation from participating in the fishery or fisheries to which the reporting violations pertain.

J. The Department may impose less than the maximum suspension.

K. Before the Department imposes a suspension or revocation under this regulation, an individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

#### Regulation .07 Commercial Charter Boat and Fishing Guide License Suspension Schedule.

*COMAR 08.02.13.07*

A. A person guiding fishing parties in Maryland in any capacity shall be notified that their tidal fish license, authorization, or entitlement to guide fishing parties may be subject to suspension or revocation whenever that fishing guide has been convicted for violating any of the provisions described in Regulation .08D—J of this chapter.

B. Before the Department imposes a suspension or revocation under this regulation, an individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland. The Department may agree to a period of suspension or revocation with a fishing guide before proceeding to a contested case hearing.

C. The Department may enter into a Consent Agreement for a period of suspension or revocation with a person who waives their right to a contested case hearing.

D. A lesser penalty may be imposed at the Department’s discretion including consideration of the person’s disciplinary record, an agreement to comply with any conditions that the Department may reasonably require, and any other mitigating circumstances.

E. Suspension and Revocation Schedule.

  (1) The suspension and revocation schedule in §C(3) of this regulation establishes the maximum number of days that a fishing guide’s tidal fish license, authorization, or entitlement to guide fishing parties may be suspended or revoked through the accumulation of points. A lesser penalty may be imposed at the Department’s discretion if the circumstances warrant it, to include consideration of the fishing guide’s disciplinary record and the fishing guide’s agreement to comply with any conditions that the Department may reasonably require.

  (2) Points are assigned to convictions by tier based on the severity of the violation.

  (3) A fishing guide who in any 2-year period accumulates the number of points provided below shall be penalized in accordance with the following schedule:

  (4) The Department shall administer the point system in order to:

    (a) Deter future wrongdoing; and

    (b) Conserve fisheries.

  (5) A fishing guide who has been suspended three times within a 6-year period under Regulation .07 or .08 of this chapter may have their tidal fish license, authorization, or entitlement to guide fishing parties suspended for up to 5 years.

F. When a fishing guide’s tidal fish license, authorization, or entitlement to guide fishing parties is suspended or revoked under Regulation .07 or .08 of this chapter, that fishing guide is not and may not be authorized to guide fishing parties or work for a guided fishing party during the suspension or revocation period.

G. The Department may withhold approval of any change to a tidal fish license under Natural Resources Article, §4-701, Annotated Code of Maryland until a pending administrative action involving that person is resolved.

#### Regulation .08 Charter Boat/Fishing Guide Point Assignment Schedule.

*COMAR 08.02.13.08*

A. For each conviction of a chargeable violation listed in §§D—J of this regulation, the Department shall enter on the record of a fishing guide the number of points listed for that particular offense. Points accumulated under this regulation only apply to the entitlement to guide fishing parties or suspension or revocation of a tidal fish license or authorization to guide fishing parties.

B. The number of points specified in §§D—J of this regulation shall be assessed against a fishing guide for each conviction.

C. Points will only be assessed for violations that occurred during a guided fishing trip, unless otherwise noted in the table below by the phrase “points assessed for all violations”.

D. Tier I. The following violations are Tier I violations. A fishing guide who receives a conviction for a Tier I violation receives 5 points.

E. Tier II. The following violations are Tier II violations. A fishing guide who receives a conviction for a Tier II violation receives 10 points.

F. Tier III. The following violations are Tier III violations. A fishing guide who receives a conviction for a Tier III violation receives 15 points.

G. Tier IV. The following violations are Tier IV violations. A fishing guide who receives a conviction for a Tier IV violation receives 20 points.

H. Tier V. The following violations are Tier V violations. A fishing guide who receives a conviction for a Tier V violation receives 25 points.

I. Tier VI. The following violations are Tier VI violations. A fishing guide who receives a conviction for a Tier VI violation receives 30 points.

J. Tier VII. The following violations are Tier VII violations. A fishing guide who receives a conviction for a Tier VII violation receives 35 points.

K. In addition to any other applicable penalty, a person may be suspended for a period of not more than 3 years for an offense related to a violation of the Lacey Act, 16 U.S.C. §§3371—3378, including but not limited to conspiracy to commit a violation of the Lacey Act, 18 U.S.C. §371.

#### Regulation .09 Revocation of a Striped Bass or Crab Authorization.

*COMAR 08.02.13.09*

A. Definitions.

  (1) In this regulation, the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) Egregious means an offense which displays a wanton disregard for a requirement of the striped bass or crab fishery.

    (b) Knowingly means the specific intent to violate a requirement of the striped bass or crab fishery.

    (c) Repeat means:

      (i) Three or more offenses in the striped bass or crab fishery on separate days in a single season;

      (ii) A series of offenses in the striped bass or crab fishery which are part of an ongoing scheme or conspiracy; or

      (iii) A series of similar offenses committed over any period of time which collectively display a wanton disregard for the requirements of the striped bass or crab fishery.

B. Knowing, Egregious, and Repeat Offenses.

  (1) The Department may schedule a hearing to revoke a person’s commercial authorization to catch striped bass or crabs from a person who knowingly commits an offense, commits an egregious offense, or commits repeat offenses in the following categories:

    (a) Using illegal gear;

    (b) Harvesting during closed seasons;

    (c) Harvesting from closed areas;

    (d) Violating established harvest, catch, or size limits; and

    (e) Violating tagging and reporting requirements.

  (2) When the Department seeks to revoke a person’s commercial authorization for an egregious offense, the presiding officer shall consider the person’s history of offenses in the striped bass or crab fishery, the amount of striped bass or crabs unlawfully caught, and the following, as appropriate, to determine whether the offense warrants revocation:

    (a) The damage or potential damage to natural resources associated with using illegal gear;

    (b) Any facts which bear on the egregiousness of a seasonal violation;

    (c) The location of a violation in a closed area;

    (d) The extent to which the person has exceeded permissible harvest, catch, or size limits; or

    (e) The extent of the tagging and reporting violations.

  (3) If, after a hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the presiding officer finds or concludes that a person committed an egregious offense, committed repeat offenses, or knowingly committed an offense described in §B(1) of this regulation, the Department shall revoke that person’s commercial authorization to catch striped bass or crabs.

C. Operating During a Suspension.

  (1) The Department may schedule a hearing to revoke a person’s commercial authorization to catch striped bass or crabs from a person who violates terms of a suspension as described in COMAR 08.02.13.02.

  (2) If, after a hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the presiding officer finds or concludes that a person committed an offense under §C(1) of this regulation, the Department shall revoke that person’s commercial authorization to catch striped bass or crabs.

#### Regulation .10 Seafood Dealer Penalties.

*COMAR 08.02.13.10*

A. For each conviction of a chargeable offense listed in §§E—K of this regulation, the Department shall enter on the record of the person the number of points listed for that particular conviction.

B. The points and penalties associated with each conviction are described in §§E—K of this regulation. All statutory references are to Natural Resources Article, Annotated Code of Maryland, unless otherwise noted.

C. The term “person” as used in this regulation is defined under Natural Resources Article, §4-101, Annotated Code of Maryland.

D. The points and penalties as described in §§E—K of this regulation apply to individuals holding a Seafood Dealer’s License under Natural Resources Article, §4-701(d)(2)(ii)(4), Annotated Code of Maryland, and purchasing seafood from individuals, other than themselves, licensed under Natural Resources Article, §4-701(d)(2)(ii), Annotated Code of Maryland, to harvest seafood for sale.

E. Tier I. The following violations are Tier I violations. A person who receives a conviction for a Tier I violation receives 5 points.

F. Tier II. The following violations are Tier II violations. A person who receives a conviction for a Tier II violation receives 10 points and a 30-day suspension.

G. Tier III. The following violations are Tier III violations. A person who receives a conviction for a Tier III violation receives 15 points and a 60-day suspension.

H. Tier IV. The following violations are Tier IV violations. A person who receives a conviction for a Tier IV violation receives 20 points and a 90-day suspension.

I. Tier V. The following violations are Tier V violations. A person who receives a conviction for a Tier V violation receives 25 points and a 180-day suspension.

J. Tier VI. The following violations are Tier VI violations. A person who receives a conviction for a Tier VI violation receives 30 points and a 365-day suspension.

K. Tier VII. The following violations are Tier VII violations. A person who receives a conviction for a Tier VII violation receives 35 points and license revocation.

L. In addition to the penalties as described in §§E—K of this regulation, a person who receives 5 or more violations under Natural Resources Article, Title 4, Annotated Code of Maryland, on separate days within a 2-year period may be subject to a suspension not to exceed 180 days.

### Chapter 14 — Aquaculture Permits

**Authority:** Natural Resources Article, §§1-104, 4-11A-02, 4-11A-11, and 4-1019.2; State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.03 adopted as an emergency provision effective January 1, 1990 (17:1 Md. R. 63); emergency status extended at 17:11 Md. R. 1333; emergency status expired July 31, 1990

**Administrative History:** Regulations .01—.12 adopted effective September 3, 1990 (17:17 Md. R. 2078)

**Administrative History:** Regulation .01 amended effective September 6, 2010 (37:18 Md. R. 1214)

**Administrative History:** Regulation .03A amended effective September 6, 2010 (37:18 Md. R. 1214)

**Administrative History:** Regulation .04B amended effective March 13, 1995 (22:5 Md. R. 366)

**Administrative History:** Regulation .05A amended effective March 13, 1995 (22:5 Md. R. 366)

**Administrative History:** Regulation .07A amended effective March 1, 1993 (20:4 Md. R. 370)

**Administrative History:** Regulation .10C amended effective February 11, 2019 (46:3 Md. R. 106)

**Administrative History:** Regulation .12D amended effective April 5, 2010 (37:7 Md. R. 569)

**Administrative History:** Regulation .13 adopted effective September 21, 2009 (36:19 Md. R. 1435)

**Administrative History:** Regulation .13 repealed effective February 15, 2016 (43:3 Md. R. 271)

#### Regulation .01 Scope.

*COMAR 08.02.14.01*

This chapter applies to the collection, permitting, possession, production, processing, marking, transporting, purchase, or sale of fish or aquatic plants, except for shellfish aquaculture on a leased or licensed area as described in COMAR 08.02.23, which are the products of, or intended to be used for, aquaculture as that term is defined in Natural Resources Article, §4-11A-01, Annotated Code of Maryland.

#### Regulation .02 Purpose.

*COMAR 08.02.14.02*

The purpose of this chapter is to encourage the orderly development of an aquaculture industry in Maryland, while ensuring that aquaculture operations do not adversely impact upon the State's wild stocks of fish.

#### Regulation .03 Definitions.

*COMAR 08.02.14.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Aquaculture” means the commercial rearing of the species of fish or aquatic plants listed in Regulation .07, or as otherwise permitted by these regulations. It includes one or more activities which are related to the production of fish or aquatic plants.

  (2) “Aquaculture activities” means those activities which may include the purchase, sale, possession, capture, production, breeding, transportation, and processing of fish or aquatic plants.

  (3) “Fish” means finfish, crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life cycle in water, and any part, egg, offspring, or dead body of any of these species.

  (4) “Hybrid” means the offspring of any species of fish of genetically dissimilar parents or stock.

  (5) “Maryland waters” means tidal and nontidal waters located within the boundaries of the State, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State.

  (6) “Native species” means any species of fish which historically has lived, grown, and reproduced in Maryland's waters.

  (7) “Naturalized species” means any species of fish which, though not indigenous to Maryland, has acclimated, or adapted to life in Maryland's waters so that the species has been documented as having lived, grown, and reproduced in Maryland for more than 10 years.

  (8) “Non-native species” means a species of fish that is not a native or naturalized species of fish as defined in this regulation.

  (9) “Permittee” means a person authorized by the Department to engage in aquaculture activities, including the permittee's agents or employees.

  (10) “Person” includes:

    (a) The State, county, municipal corporation, or other political subdivision of the State, and any of their units;

    (b) An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; or

    (c) Any partnership, firm, association, public or private corporation, or any other entity.

  (11) “Processed” means prepared or converted to a form other than the whole animal.

#### Regulation .04 Permit Requirements for Aquacultural Activities.

*COMAR 08.02.14.04*

A. A person may not engage in aquaculture or related activities, own or operate an aquaculture facility, or propagate fish for aquacultural purposes without first obtaining a permit from the Department.

B. A person may not conduct aquacultural activities involving finfish in the tidal waters of the State without first obtaining a permit from the Department.

#### Regulation .05 Types of Permits.

*COMAR 08.02.14.05*

A. The Department may issue permits to engage in the following aquacultural activities:

  (1) The aquaculture of native and naturalized species of fish or aquatic plants listed in Regulation .07;

  (2) The aquaculture of any native or naturalized species of fish, or aquatic plants not listed in Regulation .07, or any non-native species of fish or aquatic plants, provided the application satisfies the criteria set forth in applicable statutes and these regulations;

  (3) The aquaculture of species listed as threatened or endangered under Maryland's Endangered Species of Fish Conservation Act, Natural Resources Article, §4-2A-04, Annotated Code of Maryland, listed in Regulation .07, after January 1, 1990;

  (4) The capture of brood stock;

  (5) The aquaculture of shellfish in confined, on-shore facilities; or

  (6) Demonstration and experimental aquaculture of native or naturalized finfish in the tidal waters of the State.

B. Prohibitions.

  (1) The Department may not issue a permit if the aquacultural activity will:

    (a) Adversely affect wild stocks of fish;

    (b) Result in the release of non-native species into Maryland waters, except in confined water such as ponds where there are safeguards to prevent escape; or

    (c) Result in the contamination of native or naturalized species of fish or their ecosystem.

  (2) The Department may not issue a permit if the permit for the aquacultural activity:

    (a) Does not require the identification of the product of the aquaculture operation; and

    (b) Is not conditioned so as to require the permittee to obtain all necessary permits and comply with all applicable health and environmental laws and regulations.

#### Regulation .06 Application Procedures.

*COMAR 08.02.14.06*

A. One or more of the activities specified in Regulation .05A may be requested in the same application.

B. On an application form provided by the Department, a person who wishes to engage in aquaculture or aquacultural activities in Maryland (referred to as “applicant”) shall provide the:

  (1) Name and address of the applicant;

  (2) Type and location of the facility or proposed facility, if any;

  (3) Species of fish or aquatic plant for which a permit is sought;

  (4) Type of water supply and location of nearest body of water that has an inlet or outlet water flow;

  (5) Type of aquacultural activity or activities proposed; and

  (6) Estimate of production capacity.

C. As part of the application process, the applicant shall:

  (1) Furnish information the Department requires concerning the proposed source of any stocks of fish to be used in the proposed aquacultural activity. If unknown at time of application, a permit may require that the Department be notified in advance of receipt of any shipment of fish.

  (2) Furnish information concerning the health status of any proposed stock of fish, including certifications acceptable to the Department. If unknown at the time of application, a permit shall require the certifications before shipment or receipt of any shipment of fish.

  (3) Furnish any other information concerning the proposed activity necessary to complete the application.

  (4) Allow the Department to inspect at reasonable hours the site of any proposed aquaculture facility.

#### Regulation .07 Permitted Species.

*COMAR 08.02.14.07*

A. The Department may issue permits for the following species or families of fish and aquatic plants:

  (1) Fish.

  (2) Threatened or Endangered Species of Fish and Aquatic Plants. Except as provided in §B, of this regulation, the Department may issue permits for any species of fish or aquatic plants listed as threatened or endangered in Maryland, including striped bass and hybrids of striped bass, unless issuance of the permit is precluded under federal law.

B. Prohibited Species. The Department may maintain a list of prohibited species for which permits may not be issued except under certain conditions.

#### Regulation .08 General Terms and Conditions Applicable to Permits.

*COMAR 08.02.14.08*

A. The following terms and conditions apply to permits issued under the authority of this chapter, whether expressly set forth in the permit document itself or not:

  (1) Finfish products of any aquacultural activity shall be identified as such in accordance with Regulation .10E, of this chapter.

  (2) A person conducting aquacultural activities shall display the appropriate aquaculture permit at the aquaculture facility, or have the permit in possession for activities authorized at sites other than an identified aquaculture facility. The permit shall be made available for inspection at reasonable times upon request by the Department.

  (3) A person operating a permitted aquaculture facility shall:

    (a) Allow the Department to inspect the facility, equipment, and fish or aquatic plants at reasonable hours;

    (b) Maintain fish production records on a quarterly basis which estimate stocks on hand at the facility by species;

    (c) Maintain shipping and receiving records by species of the distribution of fish or aquatic plants to or from a permitted facility; and

    (d) Notify the Department immediately upon the discovery of any disease affecting the fish or plants at the facility that has the potential to contaminate native or naturalized species of fish.

B. The records required by §A(3) shall be maintained at the facility, or at a specified location other than the facility for 3 years, and be made available to the Department for inspection upon request.

#### Regulation .09 Approval of Permits.

*COMAR 08.02.14.09*

A. The Department may issue a permit to engage in aquaculture activities authorized by law and these regulations, after receipt and approval of a completed application.

B. Permits issued by the Department shall be:

  (1) Valid for a 5-year period, and expire on December 31 of the fifth year after issuance;

  (2) Issued for each facility separately.

C. Permits issued by the Department are not transferrable.

D. Permits may be modified or amended upon request of the permittee, or at the direction of the Department.

E. The Department may deny a permit application to possess species of fish or aquatic plants which may have an adverse impact on fish populations or their ecosystems.

#### Regulation .10 Special Requirements.

*COMAR 08.02.14.10*

A. Native or Naturalized Species. Facilities which produce native or naturalized fish species listed in Regulation .07 shall confine production to the permitted location.

B. Non-native Species.

  (1) A person may not conduct aquaculture activities using non-native fish except in approved nontidal ponds, lakes, and impoundments.

  (2) Facilities approved for non-native or hybrid finfish in nontidal ponds, lakes, and impoundments shall be constructed to assure that non-native stocks are precluded from entering the tidal waters of the State. A facility may not discharge its effluent directly or indirectly into Maryland waters without approved treatment.

C. Acquisition of Adult Finfish, Fingerlings, Fry, and Eggs.

  (1) Brood stock, or the progeny of native or naturalized species of finfish, may be obtained from an out-of-State supplier that possesses a valid out-of-State supplier permit in accordance with COMAR 08.02.01.16. They shall be certified by an authority acceptable to the Department to be free of known, infectious diseases that have the potential to contaminate native or naturalized species of fish.

  (2) The Department may provide technical assistance, upon request, to determine whether the fish have any known viral, bacterial, protozoan, or parasite infections which have the potential to contaminate finfish populations of the State.

  (3) Each purchase or acquisition of finfish for aquaculture purposes shall be accompanied by a receipt, or other written evidence showing the date, source, species, quantity of the acquisition, and its destination. Receipts shall be retained as part of the permittee's records for 3 years.

  (4) Imported hybrid or non-native finfish shall be certified by an authority acceptable to the Department to be free of known infectious diseases that have the potential to contaminate native or naturalized fish or aquatic plants.

D. Size Requirements. After January 1, 1990, there is no minimum size requirement for any species of finfish propagated from aquaculture nontidal ponds, lakes, and impoundments, provided the production of finfish from permitted facilities is identified as an aquaculture product.

E. Marketing and Identification of Aquaculture Products — Finfish.

  (1) Finfish aquaculture products that are produced in, sold in, imported to, or exported from Maryland shall be packaged and labeled in accordance with §E(2) and (3), of this regulation.

  (2) Dead or processed aquaculture finfish product or parts of it may be offered for sale subject to the following conditions:

    (a) The product shall be identified as an aquaculture product. Packages and containers containing aquaculture products shall be tagged or labeled with a uniform series of 14 digit numbers and letters as shown in the example below:

    (b) If individually marked, the product shall have affixed a printed label bearing the same information listed in §E(2)(a), of this regulation.

    (c) The sale of the product shall be accompanied by a receipt showing the date of sale, the name, address, and permit number of the aquaculture facility, the numbers and species of finfish sold, and the name of the purchaser. The consignee of each subsequent sale shall retain a copy of the bill of lading or similar accountable document for 1 year and make it available to the Department upon request.

  (3) Live aquaculture finfish which are produced in nontidal ponds, lakes, and impoundments and imported, exported, or offered for sale in Maryland shall be subject to the following conditions:

    (a) Live finfish from any source may not be stocked in Maryland waters unless specifically permitted by the Department;

    (b) Live finfish may be moved and stocked within a permitted facility, if the terms of the permit are not violated by the movements;

    (c) Live finfish may be freeze-branded alive with an “A” 1/2 inch square, which shall serve as a mark on a processed product without affixing a tag described in §E(2)(b), of this regulation;

    (d) A shipment of live eggs, fry, or fingerlings offered for sale or exchanged shall be accompanied by packaging or labeling which bears the:

      (i) Name,

      (ii) Address,

      (iii) Permit number,

      (iv) Species, and

      (v) Number of finfish.

#### Regulation .11 Reports.

*COMAR 08.02.14.11*

A. A permittee shall submit an annual report of activities undertaken under the permit on a form provided by the Department.

B. A permittee shall furnish other information necessary to complete an application, or to report on activities conducted under the permit.

#### Regulation .12 Suspension or Revocation of Permits.

*COMAR 08.02.14.12*

A. The Department may suspend or revoke a permit of a permittee who violates the terms or conditions of the aquaculture permit, these regulations, or the laws governing aquaculture in Maryland.

B. If the Department has reason to believe that a permittee is violating the permit, these regulations, or any of the laws governing aquaculture, the Department shall issue a notice of violation to the permittee.

C. A notice of violation shall set forth the facts which the Department believes warrant suspension or revocation of the permit and give the permittee an opportunity to request a contested case hearing.

D. Hearings shall be 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.

E. Nothing in these regulations shall be construed as preventing the Department from seeking any appropriate form of judicial relief against a permittee.

### Chapter 15 — Striped Bass

**Authority:** Natural Resources Article, §§4-206, 4-215, 4-2A-03, 4-2A-04, 4-2A-05, 4-2A-08.1, 4-701, 4-704,4-704.1, 4-731, 4-732, 4-734, 4-745, and 4-745.2, Annotated Code of Maryland

**Administrative History:** Effective date: September 3, 1990 (17:17 Md. R. 2077)

**Administrative History:** Regulations .01, .02, and .05—.13 amended as an emergency provision effective July 1, 1994 (21:15 Md. R. 1298); emergency status extended and Regulations .04 and .10—.12 amended at 21:21 Md. R. 1810; emergency status extended at 22:6 Md. R. 470; emergency status expired April 27, 1995

**Administrative History:** Regulations .02, .04, .05, .07, .08, .10—.12, and .13 amended as an emergency provision effective September 15, 1993 (20:20 Md. R. 1554); emergency status expired March 31, 1994

**Administrative History:** Regulation .02B amended effective March 29, 1993 (20:6 Md. R. 580)

**Administrative History:** Regulations .03—.06, .08, and .10 amended and new Regulations .11—.13 adopted as an emergency provision effective July 30, 1991 (18:16 Md. R. 1806); adopted permanently effective November 11, 1991 (18:22 Md. R. 2395)

**Administrative History:** Regulations .04, .08, .10, and .12 amended as an emergency provision effective July 1, 1992 (19:14 Md. R. 1272)

**Administrative History:** Regulations .04, .06, .08, and .10—.12 amended effective September 14, 1992 (19:18 Md. R. 1655)

**Administrative History:** Regulation .10B amended as an emergency provision effective November 23, 1992 (19:24 Md. R. 2123); emergency status expired February 28, 1993

**Administrative History:** Regulation .10C amended as an emergency provision effective January 1, 1992 (18:26 Md. R. 2826); emergency status expired February 28, 1992

**Administrative History:** Regulation .11 adopted as an emergency provision effective May 10, 1991 (18:8 Md. R. 860); emergency status expired May 28, 1991

**Administrative History:** Regulation .12-1 adopted effective April 13, 1992 (19:7 Md. R. 745)

**Administrative History:** Regulation .12-1 amended effective March 29, 1993 (20:6 Md. R. 580)

**Administrative History:** Regulation .12-1 amended as an emergency provision effective April 1, 1994 (21:8 Md. R. 665); emergency status expired September 27, 1994

**Administrative History:** Regulation .13G adopted effective March 29, 1993 (20:6 Md. R. 580)

**Administrative History:** Chapter revised as an emergency provision effective April 28, 1995 (22:10 Md. R. 701)

**Administrative History:** Chapter revised effective September 25, 1995 (22:19 Md. R. 1472)

**Administrative History:** Regulation .01A amended effective March 9, 2020 (47:5 Md. R. 310)

**Administrative History:** Regulation .02B amended effective April 3, 2000 (27:6 Md. R. 640); June 10, 2002 (29:11 Md. R. 882); April 6, 2009 (36:7 Md. R. 521); August 5, 2013 (40:15 Md. R. 1228); January 1, 2014 (40:25 Md. R. 2068); April 1, 2026 (53:6 Md. R. 286)

**Administrative History:** Regulation .03A amended effective June 10, 2002 (29:11 Md. R. 882)

**Administrative History:** Regulation .03B amended effective April 12, 2004 (31:7 Md. R. 583); February 25, 2008 (35:4 Md. R. 512)

**Administrative History:** Regulation .03C amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000

**Administrative History:** Regulation .03C amended effective April 3, 2000 (27:6 Md. R. 640); April 12, 2004 (31:7 Md. R. 583)

**Administrative History:** Regulation .03D adopted effective April 12, 2004 (31:7 Md. R. 583)

**Administrative History:** Regulation .03D amended effective January 17, 2005 (32:1 Md. R. 27)

**Administrative History:** Regulation .03D amended as an emergency provision effective April 4, 2006 (33:9 Md. R. 794); emergency status expired August 4, 2006

**Administrative History:** Regulation .03D amended as an emergency provision effective April 9, 2007 (34:9 Md. R. 823); emergency status expired October 6, 2007

**Administrative History:** Regulation .03D repealed effective March 9, 2020 (47:5 Md. R. 310)

**Administrative History:** Regulation .03D amended effective February 25, 2008 (35:4 Md. R. 512); March 23, 2009 (36:6 Md. R. 489)

**Administrative History:** Regulation .03E adopted effective March 22, 2010 (37:6 Md. R. 476)

**Administrative History:** Regulation .03E amended as an emergency provision effective May 3, 2018 (45:11 Md. R. 577); amended permanently effective July 2, 2018 (45:13 Md. R. 664)

**Administrative History:** Regulation .03E repealed effective March 9, 2020 (47:5 Md. R. 310)

**Administrative History:** 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); August 3, 2015 (42:15 Md. R. 1015); March 26, 2018 (45:6 Md. R. 318) ; December 31, 2024 (51:8 Md. R. 366)

**Administrative History:** Regulation .04A amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 682); emergency status expired effective July 1, 2015

**Administrative History:** 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)

**Administrative History:** Regulation .04B amended effective July 17, 2017 (44:14 Md. R. 655); August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .04E amended effective August 11, 2008 (35:16 Md. R. 1390); January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .04F amended effective January 1, 2014 (40:25 Md. R. 2068); July 17, 2017 (44:14 Md. R. 655)

**Administrative History:** Regulation .04G amended effective August 8, 2011 (38:16 Md. R. 944); July 17, 2017 (44:14 Md. R. 655); February 8, 2021 (48:3 Md. R. 93)

**Administrative History:** Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 521)

**Administrative History:** Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1390)

**Administrative History:** Regulation .05A, D amended effective June 10, 2002 (29:11 Md. R. 882); August 5, 2013 (40:15 Md. R. 1228); January 1, 2014 (40:25 Md. R. 2068) August 4, 2014 (41:15 Md. R. 889); December 31, 2024 (51:8 Md. R. 366)

**Administrative History:** Regulation .05D amended as an emergency provision effective December 12, 1997 (25:1 Md. R. 14); emergency status expired March 30, 1998

**Administrative History:** Regulation .05D 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)

**Administrative History:** Regulations .05D and .07A, G amended as an emergency provision effective November 11, 1996 (23:24 Md. R. 1675); emergency status expired March 31, 1997

**Administrative History:** Regulation .05D amended effective June 10, 2002 (29:11 Md. R. 882)

**Administrative History:** Regulation .05D amended as an emergency provision effective December 1, 2002 (30:1 Md. R. 20); emergency status expired February 28, 2003

**Administrative History:** Regulation .05D amended as an emergency provision effective December 1, 2003 (30:25 Md. R. 1842); emergency status expired December 31, 2003

**Administrative History:** Regulation .06 amended effective January 17, 2005 (32:1 Md. R. 27); November 28, 2011 (38:24 Md. R. 1500)

**Administrative History:** Regulation .06B repealed effective June 10, 2002 (29:11 Md. R. 882)

**Administrative History:** Regulation .06B amended effective April 6, 2009 (36:7 Md. R. 521)

**Administrative History:** Regulation .06C—F amended effective July 21, 2003 (30:14 Md. R. 936)

**Administrative History:** Regulations .07—.12 amended as an emergency provision effective April 25, 1996 (23:10 Md. R. 726); amended permanently effective September 9, 1996 (23:18 Md. R. 1316)

**Administrative History:** Regulation .07 amended as an emergency provision effective June 2, 1997 (24:13 Md. R. 927); emergency status extended at 25:2 Md. R. 72; emergency text changed at 25:8 Md. R. 594; emergency status expired March 30, 1998

**Administrative History:** Regulation .07 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)

**Administrative History:** Regulation .07 amended effective February 25, 2008 (35:4 Md. R. 512); April 6, 2009 (36:7 Md. R. 521); August 5, 2013 (40:15 Md. R. 1228); January 1, 2014 (40:25 Md. R. 2068); July 21, 2014 (41:14 Md. R. 798); February 8, 2021 (48:3 Md. R. 93); December 31, 2024 (51:8 Md. R. 366)

**Administrative History:** Regulation .07A, D amended effective November 30, 2009 (36:24 Md. R. 1857)

**Administrative History:** Regulation .07A, F amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000

**Administrative History:** Regulation .07A, F amended effective April 3, 2000 (27:6 Md. R. 640)

**Administrative History:** Regulation .07A amended as an emergency provision effective December 1, 2002 (30:1 Md. R. 20); emergency status expired February 28, 2003

**Administrative History:** Regulation .07A amended effective April 12, 2004 (31:7 Md. R. 583); March 26, 2018 (45:6 Md. R. 318)

**Administrative History:** Regulation .07B amended effective July 21, 2003 (30:14 Md. R. 936); April 12, 2004 (31:7 Md. R. 583); March 30, 2015 (42:6 Md. R. 511)

**Administrative History:** Regulation .07B, D, and F amended as an emergency provision effective January 22, 2002 (29:3 Md. R. 212)

**Administrative History:** Regulation .07B, D, F amended effective June 10, 2002 (29:11 Md. R. 882)

**Administrative History:** Regulation .07B, F amended effective August 31, 2015 (42:17 Md R. 1110)

**Administrative History:** Regulation .07C amended effective March 14, 2016 (43:5 Md. R. 384); November 24, 2025 (52:23 Md. R. 1138)

**Administrative History:** Regulation .07D amended as an emergency provision effective December 1, 2002 (30:1 Md. R. 20); emergency status expired February 28, 2003

**Administrative History:** Regulation .07D amended as an emergency provision effective December 1, 2003 (30:25 Md. R. 1842); emergency status expired December 31, 2003

**Administrative History:** Regulation .07D amended effective November 28, 2011 (38:24 Md. R. 1500)

**Administrative History:** Regulation .07E amended effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .07E, F amended effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .07F amended effective April 15, 2013 (40:7 Md. R. 609); March 14, 2016 (43:5 Md. R. 384); March 26, 2018 (45:6 Md. R. 318)

**Administrative History:** Regulation .08 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)

**Administrative History:** Regulation .08 amended effective April 12, 2004 (31:7 Md. R. 583)

**Administrative History:** Regulation .08 repealed as an emergency provision effective February 9, 2024 (51:10 Md. R. 520); emergency status expired June 15, 2024

**Administrative History:** Regulation .08 repealed effective November 25, 2024 (51:23 Md. R. 1036)

**Administrative History:** Regulation .08A amended as an emergency provision effective March 21, 1997 (24:8 Md. R. 613); emergency status expired September 21, 1997

**Administrative History:** Regulation .08A 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)

**Administrative History:** Regulation .08A amended as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); amended permanently effective June 10, 2002 (29:11 Md. R. 882)

**Administrative History:** Regulation .08A amended effective February 25, 2008 (35:4 Md. R. 512); March 23, 2009 (36:6 Md. R. 489); March 9, 2020 (47:5 Md. R. 310)

**Administrative History:** Regulation .08A, B amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000

**Administrative History:** Regulation .08A, B amended effective April 3, 2000 (27:6 Md. R. 640)

**Administrative History:** Regulation .08B amended as an emergency provision effective April 4, 2006 (33:9 Md. R. 794); emergency status expired August 4, 2006

**Administrative History:** Regulation .08B amended as an emergency provision effective April 9, 2007 (34:9 Md. R. 823); emergency status expired October 6, 2007

**Administrative History:** Regulation .08B amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 683); amended permanently effective July 6, 2015 (42:13 Md. R. 796)

**Administrative History:** Regulation .08B amended effective March 26, 2018 (45:6 Md. R. 318)

**Administrative History:** Regulation .08C amended and D, E repealed effective June 10, 2002 (29:11 Md. R. 882)

**Administrative History:** Regulation .08D amended effective March 23, 2009 (36:6 Md. R. 489)

**Administrative History:** Regulation .09 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)

**Administrative History:** Regulation .09 repealed and new Regulation .09 adopted as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000

**Administrative History:** Regulation .09 repealed and new Regulation .09 adopted effective April 3, 2000 (27:6 Md. R. 640)

**Administrative History:** Regulation .09 amended effective February 25, 2008 (35:4 Md. R. 512); July 16, 2020 (47:14 Md. R. 675); April 1, 2026 (53:6 Md. R, 286)

**Administrative History:** Regulation .09A amended as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); amended permanently effective June 10, 2002 (29:11 Md. R. 882)

**Administrative History:** Regulation .09A amended effective April 12, 2004 (31:7 Md. R. 583); January 17, 2005 (32:1 Md. R. 27); November 25, 2024 (51:23 Md. R. 1036)

**Administrative History:** Regulation .09A amended as an emergency provision effective February 9, 2024 (51:10 Md. R. 520); emergency status expired June 15, 2024

**Administrative History:** Regulation .09A, B amended as an emergency provision effective March 21, 1997 (24:8 Md. R. 613); emergency status expired September 21, 1997

**Administrative History:** Regulation .09A, B amended effective March 23, 2009 (36:6 Md. R. 489)

**Administrative History:** Regulation .09A, B amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 683); amended permanently effective July 6, 2015 (42:13 Md. R. 796)

**Administrative History:** Regulation .09A, B amended as an emergency provision effective May 3, 2018 (45:11 Md. R. 577); amended permanently effective July 2, 2018 (45:13 Md. R. 664)

**Administrative History:** Regulation .09A, B amended effective March 9, 2020 (47:5 Md. R. 310)

**Administrative History:** Regulation .10A amended as an emergency provision effective June 2, 1997 (24:13 Md. R. 927); emergency status extended at 25:2 Md. R. 72; emergency status expired March 30, 1998

**Administrative History:** Regulation .10A 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)

**Administrative History:** Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000

**Administrative History:** Regulation .10 repealed and new Regulation .10 adopted effective April 3, 2000 (27:6 Md. R. 640)

**Administrative History:** Regulation .10 amended effective July 16, 2020 (47:14 Md. R. 675)

**Administrative History:** Regulation .10 repealed effective April 1, 2026 (53:6 Md. R. 286

**Administrative History:** Regulation .10A amended as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); amended permanently effective June 10, 2002 (29:11 Md. R. 882)

**Administrative History:** Regulation .10A amended effective April 12, 2004 (31:7 Md. R. 583); November 25, 2024 (51:23 Md. R. 1036)

**Administrative History:** Regulation .10C amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 683); amended permanently effective July 6, 2015 (42:13 Md. R. 796)

**Administrative History:** Regulation .10C amended as an emergency provision effective May 3, 2018 (45:11 Md. R. 577); amended permanently effective July 2, 2018 (45:13 Md. R. 664)

**Administrative History:** Regulation .10C amended effective March 9, 2020 (47:5 Md. R. 310)

**Administrative History:** Regulation .11A amended effective March 26, 2018 (45:6 Md. R. 318)

**Administrative History:** Regulation .12 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)

**Administrative History:** Regulation .12 amended effective June 10, 2002 (29:11 Md. R. 882); January 17, 2005 (32:1 Md. R. 27)

**Administrative History:** Regulation .12B amended as an emergency provision effective October 16, 2006 (33:23 Md. R. 1793); emergency status expired December 1, 2006

**Administrative History:** Regulation .12C amended effective January 1, 2014 (40:25 Md. R. 2068); November 25, 2024 (51:23 Md. R. 1036)

**Administrative History:** Regulation .12F adopted as an emergency provision effective May 11, 2007 (34:15 Md. R. 1345); emergency status expired November 7, 2007

**Administrative History:** Regulation .12F adopted effective February 25, 2008 (35:4 Md. R. 512)

**Administrative History:** Regulation .12G amended effective April 4, 2011 (38:7 Md. R. 429); April 1, 2026 (53:6 Md. R, 286)

**Administrative History:** Regulation .12G, H amended effective July 16, 2020 (47:14 Md. R. 675)

**Administrative History:** Regulation .12H amended effective April 12, 2004 (31:7 Md. R. 583); February 25, 2008 (35:4 Md. R. 512); March 23, 2009 (36:6 Md. R. 489); November 28, 2011 (38:24 Md. R. 1500)

**Administrative History:** Regulation .12H, I amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000

**Administrative History:** Regulation .12H, I amended effective April 3, 2000 (27:6 Md. R. 640); August 5, 2013 (40:15 Md. R. 1228)

**Administrative History:** Regulation .12I adopted effective March 9, 2020 (47:5 Md. R. 310)

**Administrative History:** Regulation .12I amended effective May 31, 2021 (48:11 Md. R. 428); November 25, 2024 (51:23 Md. R. 1036); April 1, 2026 (53:6 Md. R, 286)

**Administrative History:** Regulation .12I amended as an emergency provision effective February 9, 2024 (51:10 Md. R. 520); emergency status expired June 15, 2024

#### Regulation .01 Scope.

*COMAR 08.02.15.01*

A. Except in accordance with COMAR 08.02.05, 08.02.11, 08.02.14, and this chapter, it is illegal for a person to take, possess, transport, export, process, sell, offer for sale, or ship any striped bass (Morone saxatilis), including striped bass taken in the State’s Territorial Sea and the Exclusive Economic Zone (EEZ), as defined by the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. Ch. 38 §1801 et seq., and which extends from 0 to 200 nautical miles from the coastline of the United States.

B. For purposes of this chapter, a hybrid of striped bass is deemed to be of the species striped bass.

#### Regulation .02 Definitions.

*COMAR 08.02.15.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Allocation” means pounds or numbers of striped bass which a striped bass permittee is provided on an annual basis.

  (2) “Commercial tidal fish licensee” means a person licensed by the Department to catch and sell finfish.

  (3) “Common Pool” means the fishery in the Chesapeake Bay and its tidal tributaries comprised of the striped bass permittees who have chosen to combine their allocation with other striped bass permittees’ allocations. The total shared allocation is then available to be fished by all of those contributing striped bass permittees.

  (4) “Facility” means a building or any part of a building, including a tank, refrigerator, or freezer.

  (5) “Fishing guide licensee” means a person who has a fishing guide tidal fish license and, when fishing in tidal waters of the Chesapeake Bay and its tributaries, a Maryland special charter boat license as provided under Natural Resources Article, §4-745, Annotated Code of Maryland.

  (6) “Harvest” means to take, kill, trap, gather, catch, or in any manner reduce any fish to personal possession or to attempt to engage in this conduct.

  (7) “Individual Transferrable Quota” means the fishery in the Chesapeake Bay and its tidal tributaries that provides exclusive privileges to an individual by assigning a fixed share of the commercial striped bass quota to each individual registered with a striped bass permit.

  (8) “Quota year” means a period of time beginning January 1 and ending the following December 31.

  (9) “Striped bass permit” means a permit issued by the Department which allows a person the privilege to commercially harvest striped bass.

  (10) “Share” means a percentage of the quota that is assigned to a specific striped bass permittee.

  (11) “Tag” means the device approved by the Department that is used to identify the harvest year, harvest gear, and individual that commercially harvested a striped bass.

  (12) “Target harvest” means pounds or numbers of striped bass allowed by the Department to be harvested in a quota year.

  (13) “Total length” means the greatest straight line length in inches as measured on a fish laid flat on its side on top of the measuring device with its mouth closed from the anterior-most tip of the jaw or snout to the farthest extremity of the tail with the upper and lower fork of the tail squeezed together.

  (14) “Whole fish” means the complete animal, including head, tail, gills, and viscera, not dismembered in any fashion.

  (15) “Year class” means striped bass born in a given year.

#### Regulation .03 Spawning Rivers, Areas, and Reaches.

*COMAR 08.02.15.03*

A. For purposes of this chapter, the designation of a spawning river, area, and reach includes all tributaries to the river, area, or reach.

B. The following waters are designated as striped bass spawning rivers and areas:

  (1) Choptank River upstream of a line beginning at a point at or near Cook Point, defined by Lat. 38°37.73'N and Long. 76°17.35'W; then running approximately 317° True to a point at or near Blackwalnut Point, defined by Lat. 38°40.24'N and Long. 76°20.37'W;

  (2) Nanticoke River upstream of a line beginning at a point at or near Stump Point, defined by Lat. 38°13.73'N and Long. 75°53.82'W; then running approximately 281° True to a point at or near Frog Point, defined by Lat. 38°14.21'N and Long. 75°56.90'W; and downstream of a line beginning at a point at or near the north shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.68'N and Long. 75°42.10'W; then running approximately 176° True to a point at or near the south shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.59'N and Long. 75°42.09'W;

  (3) Patuxent River upstream of a line beginning at a point at or near Drum Point, defined by Lat. 38°19.14'N and Long. 76°25.27'W; then running approximately 119° True to a point at or near Hog Point, defined by Lat. 38°18.57'N and Long. 76°23.99'W;

  (4) Notwithstanding COMAR 08.02.01.06B(6), Wicomico River upstream of a line beginning at a point at or near Mollies Point, defined by Lat. 38°13.75'N and Long. 75°53.03'W; then running approximately 92° True to a point at or near Wingate Point, defined by Lat. 38°13.71'N and Long. 75°51.62'W;

  (5) Blackwater river upstream of a line beginning at a point at or near the northwest end of Snake Island, defined by Lat. 38°21.27'N and Long. 76°00.62'W; then running approximately 311° True to a point at or near the opposite shore, defined by Lat. 38°21.36'N and Long. 76°00.74'W;

  (6) Pocomoke River upstream of a line beginning at a point at or near the east end of the Fair Island Canal, defined by Lat. 37°57.79'N and Long. 75°39.33'W; then running approximately 82° True to a point at or near Bullbegger Creek, defined by Lat. 37°57.86'N and Long. 75°38.77'W;

  (7) Transquaking River upstream of a line beginning at a point at or near the east side of the mouth where it enters Fishing Bay, defined by Lat. 38°22.18'N and Long. 75°59.69'W; then running approximately 260° True to a point at or near the west side of the mouth, defined by Lat. 38°22.10'N and Long. 76°00.26'W;

  (8) Chester River upstream of a line beginning at a point at or near Love Point, defined by Lat. 39°02.40'N and Long. 76°18.16'W; then running approximately 83° True to a point at or near the northwest point of Eastern Neck Island, defined by Lat. 39°02.77'N and Long. 76°14.05'W;

  (9) Manokin River upstream of a line beginning at a point at or near Hazard Point, defined by Lat. 38°04.54'N and Long. 75°52.73'W; then running approximately 307° True to a point at or near Pin Point, defined by Lat. 38°06.72'N and Long. 75°56.45'W;

  (10) Potomac River upstream of a line beginning at a point at or near Point Lookout, defined by Lat. 38°02.25'N and Long. 76°19.34'W; then running approximately 155° True to a point at or near the shore on the north side of the north jetty at Smith Point, defined by Lat. 37°53.40'N and Long. 76°14.22'W; and

  (11) The area of the Chesapeake Bay and its tributaries upstream of a line beginning at a point at or near Abbey Point, defined by Lat. 39°20.97'N and Long. 76°13.69'W; then running approximately 133° True to a point at or near Worton Point, defined by Lat. 39°19.14'N and Long. 76°11.13'W; including the Sassafras River, the Bohemia River, the Elk River, the Northeast River, an area of the Susquehanna River downstream of a line beginning at a point at or near the southwest end of Conowingo Dam, defined by Lat. 39°39.39'N and Long. 76°10.53'W; then running approximately 22° True to a point at or near the northeast end of Conowingo Dam, defined by Lat. 39°39.89'N and Long. 76°10.26'W; the Susquehanna Flats, and the portion of the Chesapeake and Delaware Canal west of a line beginning at a point at or near the north side of the Chesapeake and Delaware Canal at the Maryland-Delaware state line, defined by Lat. 39°32.20'N and Long. 75°46.77'W; then running approximately 176° True to a point at or near the south side of the Chesapeake and Delaware Canal at the Maryland-Delaware state line, defined by Lat. 39°32.08'N and Long. 75°46.76'W.

C. Within the spawning rivers and areas listed in §§A and B of this regulation, sections of these rivers and areas are established for special conservation actions and are known as striped bass spawning reaches, and are established as follows:

  (1) Choptank River upstream of a line beginning at a point at or near Bow Knee point, defined by Lat. 38°40.43'N and Long. 75°57.01'W; then running approximately 139° True to a point at or near a point of land at Wrights Wharf, defined by Lat. 38°40.22'N and Long. 75°56.77'W; and downstream of a line beginning at a point at or near Lyford Landing, defined by Lat. 38°50.62'N and Long. 75°51.94'W; then running approximately 90° True to a point at or near the shore on the east side of the river, defined by Lat. 38°50.62'N and Long. 75°51.81'W; including the portion of the Tuckahoe River downstream of a line beginning at a point at or near the southwest end of the MD Route 328 highway bridge, defined by Lat. 38°49.83'N and Long. 75°54.87'W; then running approximately 53° True to a point at or near the northeast end of the MD Route 328 highway bridge, defined by Lat. 38°49.87'N and Long. 75°54.80'W;

  (2) Nanticoke River upstream of a line beginning at a point at or near Newfoundland Point, defined by Lat. 38°19.71'N and Long. 75°54.78'W; then running approximately 88° True to a point at or near Hatcrown Point, defined by Lat. 38°19.75'N and Long. 75°52.93'W; and downstream of a line beginning at a point at or near the north shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.68'N and Long. 75°42.10W; then running approximately 176° True to a point at or near the south shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.59'N and Long. 75°42.09'W; including the portion of Marshyhope Creek downstream of a line beginning at a point at or near the mouth of Little Indian Creek, defined by Lat. 38°32.15'N and Long. 75°45.86'W; then running approximately 132° True to a point at or near a point of land on the opposite shore, defined by Lat. 38°32.11'N and Long. 75°45.80'W;

  (3) Patuxent River upstream of a line beginning at a point at or near Deep Landing, defined by Lat. 38°35.77'N and Long. 76°40.22'W; then running approximately 265° True to a point at or near the southerly side of the entrance to Summerville Creek, defined by Lat. 38°35.73'N and Long. 76°40.74'W; and downstream of a line beginning at a point at or near Jackson's Landing, defined by Lat. 38°46.39'N and Long. 76°42.58'W; then running approximately 112° True to a point at or near the east side of the upstream end of Jug Bay, defined by Lat. 38°46.27'N and Long. 76°42.21'W;

  (4) Wicomico River upstream of a line beginning at a point at or near Pine Beach, defined by Lat. 38°14.45'N and Long. 75°50.93'W; then running approximately 334° True to a point at or near Holland Point, defined by Lat. 38°14.85'N and Long. 75°51.18'W; and downstream of a line beginning at a point at or near the east side of the mouth of Rockawalking Creek, defined by Lat. 38°20.46'N and Long. 75°40.83'W; then running approximately 128° True to a point at or near the downstream side of the mouth of Stock Creek, defined by Lat. 38°20.37'N and Long. 75°40.69'W;

  (5) Blackwater River upstream of a line beginning at a point at or near the north shore of the river near Snake Island, defined by Lat. 38°21.36'N and Long. 76°00.74'W; then running approximately 131° True to a point at or near the south shore of the river at Snake Island, defined by Lat. 38°21.27'N and Long. 76°00.62'W; and downstream of a line beginning at a point at or near the east side of the mouth of the Little Blackwater River, defined by Lat. 38°26.19'N and Long. 76°05.21'W; then running approximately 268° True to a point at or near the west side of the mouth of the Little Blackwater River, defined by Lat. 38°26.19'N and Long. 76°05.55'W;

  (6) Pocomoke River upstream of a line beginning at a point at or near Bullbeggar Creek, defined by Lat. 37°57.86'N and Long. 75°38.77'W; then running approximately 258° True to a point at or near the north side of the east entrance of Fair Island Canal, defined by Lat. 37°57.79'N and Long. 75°39.33'W; and downstream of a line beginning at a point at or near the west end of the U.S. Route 13 highway bridge in Pocomoke City, defined by Lat. 38°04.70'N and Long. 75°34.31'W; then running approximately 84° True to a point at or near the east end of the U.S. Route 13 highway bridge in Pocomoke City, defined by Lat. 38°04.71'N and Long. 75°34.25'W;

  (7) Transquaking River upstream of a line beginning at a point at or near the east side of the mouth where it enters Fishing Bay, defined by Lat. 38°22.18'N and Long. 75°59.69'W; then running approximately 260° True to a point at or near the west side of the mouth, defined by Lat. 38°22.10'N and Long. 76°00.26'W; and downstream of a line beginning at a point at or near the north side of the river at Beaverdam Pond, defined by Lat. 38°26.38'N and Long. 75°59.67'W; then running approximately 204° True to a point at or near the south side of the river at Beaverdam Pond, defined by Lat. 38°26.35'N and Long. 75°59.69'W; including the waters of the Chicamacomico River downstream of a line beginning at a point at or near the north side of the river at Brick House Landing, defined by Lat. 38°25.72'N and Long. 75°57.42'W; then running approximately 178° True to a point at or near the south side of the river at Brick House Landing, defined by Lat. 38°25.69'N and Long. 75°57.42'W;

  (8) Chester River upstream of a line beginning at a point at or near the shore at Piney Grove, defined by Lat. 39°11.04'N and Long. 76°04.04'W; then running approximately 63° True to a point at or near the shore at Primrose Point, defined by Lat. 39°11.17'N and Long. 76°03.70'W; and downstream of a line beginning at a point at or near the north end of the Maryland Route 290 highway bridge at Crumpton, defined by Lat. 39°14.73'N and Long. 75°55.51'W; then running approximately 175° True to a point at or near the south end of the Maryland Route 290 highway bridge at Crumpton, defined by Lat. 39°14.70'N and Long. 75°55.50'W;

  (9) Manokin River upstream of a line beginning at a point at or near Sharps Point, defined by Lat. 38°09.30'N and Long. 75°45.36'W; then running approximately 356° True to a point at or near the shore on the north side of the river, defined by Lat. 38°09.37'N and Long. 75°45.36'W; and downstream of a line beginning at a point at or near a point of land on the north side of the river across from Taylor Branch, defined by Lat. 38°11.05'N and Long. 75°42.63'W; then running approximately 137° True to a point at or near the mouth of Taylor Branch, defined by Lat. 38°11.03'N and Long. 75°42.61'W;

  (10) Potomac River upstream of a line beginning at a point at or near Upper Cedar Point, defined by Lat. 38°24.44'N and Long. 77°05.51'W; then running approximately 181° True to a point at or near the mouth of Chotank Creek, defined by Lat. 38°22.03'N and Long. 77°05.59'W; and downstream of a line beginning at a point at or near Whitestone Point, defined by Lat. 38°41.08'N and Long. 77°07.39'W; then running approximately 106° True to a point at or near the east shore of the Potomac River, defined by Lat. 38°40.85'N and Long. 77°06.39'W;

  (11) Susquehanna River upstream of a line beginning at a point at or near Concord Point, defined by Lat. 39°32.44'N and Long. 76°05.09'W; then running approximately 79° True to a point at or near Stump Point, defined by Lat. 39°32.79'N and Long. 76°02.80'W; and downstream of a line beginning at a point at or near the southwest end of Conowingo Dam, defined by Lat. 39°39.39'N and Long. 76°10.53'W; then running approximately 22° True to a point at or near the northeast end of Conowingo Dam, defined by Lat. 39°39.89'N and Long. 76°10.26'W; and

  (12) All of the area of the Chesapeake Bay and its tributaries enclosed by a line beginning at a point at or near Worton Point, defined by Lat. 39°19.14'N and Long 76°11.13'W; then running approximately 313° True to a point at or near Abbey Point, defined by Lat. 39°20.97'N and Long. 76°13.69'W; then running northeasterly along the shore to a point at or near the south entrance of Romney Creek, defined by Lat. 39°22.12'N and Long. 76°11.70'W; then running approximately 52° True to a point at or near Taylor Point, defined by Lat. 39°22.66'N and Long. 76°10.79'W; then running northeasterly along the shore to a point at or near Black Point, defined by Lat. 39°26.11'N and Long. 76°06.11'W; then running approximately 11° True to a point at or near Mulberry Point, defined by Lat. 39°26.62'N and Long. 76°05.98'W; then running approximately 117° True to a point at or near Bear Point, defined by Lat. 39°26.20'N and Long. 76°04.93'W; then running northeasterly along the shore to a point at or near Sandy Point, defined by Lat. 39°26.87'N and Long. 76°03.65'W; then running approximately 87° True to a point at or near Turkey Point, defined by Lat. 39°26.97'N and Long. 76°00.56'W; then running northeasterly along the north shore of the Elk River, including Piney Creek and Plum Creek to a point at or near Scotland Point, defined by Lat. 39°34.68'N and Long. 75°50.60'W; then running approximately 164° True to a point at or near Frenchtown Wharf, defined by Lat. 39°34.56'N and Long. 75°50.56'W; then running southwesterly along the south shore of the Elk River, including Perch Creek, and easterly along the north shore of the Chesapeake and Delaware Canal to a point at or near the Maryland-Delaware line, defined by Lat. 39°32.20'N and Long. 75°46.77'W; then running approximately 176° True to a point at or near the intersection of the Maryland-Delaware line and the south shore of the Chesapeake and Delaware Canal, defined by Lat. 39°32.08'N and Long. 75°46.76'W; then running southeasterly along the south shore of the Chesapeake and Delaware Canal and the Elk River, including Herring Creek to a point at or near Town Point, defined by Lat. 39°29.25'N and Long. 75°55.49'W; then running approximately 232° True to a point at or near Ford Landing, defined by Lat. 39°28.48'N and Long. 75°56.78'W; then running southwesterly along the shore, including Cabin John Creek, Pearce Creek, and Pond Creek to a point at or near Grove Point, defined by Lat. 39°23.40'N and Long. 76°02.47'W; then running approximately 251° True to a point at or near Howell Point, defined by Lat. 39°22.34'N and Long. 76°06.72'W; then running southwesterly along the shore to a point at or near Meeks Point, defined by Lat. 39°20.77'N and Long. 76°08.21'W; then running approximately 210° True to a point at or near Rocky Point, defined by Lat. 39°20.07'N and Long. 76°08.73'W; then running southwesterly along the shore to the point of beginning, defined by Lat. 39°19.14'N and Long. 76°11.13'W.

#### Regulation .04 Tidal Fish Licensee Intent to Fish.

*COMAR 08.02.15.04*

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 properly registered striped bass permit or allocation associated with a properly registered striped bass permit may be temporarily transferred 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, shares may not be transferred.

  (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 properly registered striped bass permit for the next quota year or any part of its associated allocation may be temporarily transferred to a commercial tidal fish licensee.

    (b) During the quota year, a properly registered striped bass permit or any associated allocation may be transferred only:

      (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 properly registered striped bass permit may not receive a transfer of allocation unless the individual also receives a properly registered striped bass permit in the transfer.

    (d) A commercial tidal fish licensee may not receive an allocation transfer when the licensee possesses 2 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 properly registered striped bass permit for the next quota year or any part of its associated allocation may be temporarily transferred to a commercial tidal fish licensee.

    (b) During the quota year, a  properly registered striped bass permit or any associated allocation may be transferred only:

      (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 properly registered striped bass permit may not receive a transfer of allocation unless the individual also receives a properly registered 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 properly registered striped bass permit may be permanently transferred by the owner of the permit if:

    (a) The owner makes application to the Department requesting transfer;

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

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

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

  (2) The owner of a properly registered striped bass permit may permanently transfer:

    (a) A striped bass permit without transferring the owner’s tidal fish license;

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

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

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

  (3) Prior to the quota year, a permanent transfer of a 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 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 commercial 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.

#### Regulation .05 Disposition of Catch.

*COMAR 08.02.15.05*

A. Permits and Tags.

  (1) Prior to the start of a striped bass season, the Department shall provide tamper-evident locking tags to each commercial tidal fish licensee who is authorized to participate in a commercial striped bass fishery.

  (2) A commercial tidal fish licensee who catches striped bass for sale shall:

    (a) Have in possession:

      (i) A commercial tidal fish license;

      (ii) A striped bass permit; and

      (iii) Unused tamper-evident tags issued by the Department to the licensee or received by the licensee through a transfer;

    (b) In the Atlantic fishery, securely affix a tag issued by the Department to the licensee, as provided in §A(1) of this regulation, or a tag received through a transfer, through the mouth and one gill opening:

      (i) Immediately to a striped bass harvested by hook and line;

      (ii) Within 200 yards of the pound net to a striped bass harvested from a pound net; or

      (iii) Before removing a striped bass from a boat or removing a boat from the water, to a striped bass harvested by any other gear;

    (c) In the Chesapeake Bay individual transferable quota fishery, securely affix a tag issued by the Department to the licensee, as provided in §A(1) of this regulation, or a tag received through a transfer, through the mouth and one gill opening before removing a striped bass from a boat or removing a boat from the water; and

    (d) Except as required by Regulation .04F and G of this chapter, return the assigned striped bass permit or permits and any unused tags to the Department within 14 days immediately following the end of the quota year.

  (3) Striped bass tags:

    (a) May not be reused, defaced, modified, or counterfeited;

    (b) Shall reflect the commercial fishery in which the striped bass were harvested;

    (c) Shall be securely affixed to a whole striped bass or accompany fillets until sale to the final consumer;

    (d) Shall only be used by the commercial tidal fish licensee to whom they were assigned, except as described in §A(3)(e) of this regulation; and

    (e) Shall be transferred to the recipient of any allocation or shares in a transfer as described in COMAR 08.02.15.04.

  (4) The Department may not provide replacement tags for tags that are lost.

  (5) A commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota or Atlantic fisheries shall receive a fixed number of tags.

  (6) Only striped bass tags issued by the Department may be on board a vessel while engaged in fishing for striped bass in the Chesapeake Bay and its tidal tributaries.

  (7) A striped bass permit and striped bass tags for only one commercial fishery may be on board a vessel at any one time.

  (8) A packer or dealer may only be in possession of striped bass tagged in accordance with §A(3) of this regulation.

B. Importation.

  (1) Striped bass legally harvested in another state may be possessed, transported, processed, sold, offered for sale, or shipped in Maryland.

  (2) Commercially harvested whole striped bass, imported to Maryland, shall be:

    (a) Accompanied by proof of origin which details numbers and total weight of striped bass for each container; and

    (b) Individually tagged with a tamper-evident sealed tag which:

      (i) Is made of plastic, nylon, or metal,

      (ii) Indicates state of origin, and

      (iii) Is securely affixed through the mouth and one gill opening.

  (3) Striped bass fillets are not subject to tagging requirements if the fillets are imported to Maryland and in a marked container as specified in §B(2)(a) of this regulation.

C. Check Stations. The Secretary shall:

  (1) Designate check stations throughout the State;

  (2) Provide a commercial tidal fish licensee with a list of check stations; and

  (3) Make available, to a check station, forms required under these regulations.

D. Check-In.

  (1) Time Requirements — Atlantic Fishery.  Within 3 hours of completing a fishing trip and returning to dock, and not later than 9 p.m. on the day of harvest, a commercial tidal fish licensee registered in the Atlantic fishery shall have their striped bass harvest counted and weighed by a Department representative at a check station.

  (2) Time Requirements  Chesapeake Bay Individual Transferable Quota Fishery. A commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota fishery shall have their striped bass counted and weighed by a Department representative at a check station not later than 9 a.m. on the day immediately following harvest.

  (3) At check-in time a person shall present his or her commercial tidal fish license and striped bass permit to the Department representative at the check station.

  (4) At check-in, the Department representative shall:

    (a) Specify numbers and weight of fish, date checked, and commercial tidal fish license number on the daily logsheet issued by the Department, and striped bass permit;

    (b) Complete a daily logsheet issued by the Department, mail a copy to the Department by Tuesday of the following week, and maintain a copy;

    (c) Record the number of pounds checked in on the licensee's striped bass permit; and

    (d) Adjust the remaining annual allocation by subtracting the total daily harvest.

#### Regulation .06 Monitoring.

*COMAR 08.02.15.06*

A. Reporting Requirements.

  (1) The reporting week for a commercial tidal fish or fishing guide licensee participating in a striped bass season is Sunday through Saturday.

  (2) A check station Department representative shall maintain harvest information and transmit reports to the Department daily or as requested, during a commercial striped bass season.

  (3) A packer or dealer shall maintain logs of each striped bass transaction as required, and transmit through the Department approved reporting system the information to the Department daily, or as requested.

  (4) The Department shall provide the required report forms or reporting mechanism.

  (5) A tidal fish licensee shall return the forms containing catch and landing information to the Department in the time period specified by the Department.

  (6) In addition to any other penalty, failure to submit a report as required by this chapter may result in license revocation under Natural Resources Article, §4-701, Annotated Code of Maryland.

  (7) A striped bass permittee shall contact the Department with specified fishing trip information prior to leaving the dock and prior to returning to the dock as described in a public notice disseminated in accordance with Regulation .12H of this chapter.

B. Inspection.

  (1) A tidal fish licensee, check station, or dealer shall make available daily information, landing tickets, allocation permits, fish, and tags for immediate inspection on request of a Department representative.

  (2) A Department representative may at reasonable times conduct an administrative inspection of the contents of any facility, vessel, or vehicle where striped bass may reasonably be stored if the facility, vessel, or vehicle is owned or operated by a seafood dealer licensed under Natural Resources Article, §4-702, Annotated Code of Maryland.

  (3) Failure to comply with the inspection or an audit may result in suspension or revocation of a seafood dealer's license as follows:

    (a) For a first offense, the suspension shall be 15 days;

    (b) For a second offense, the suspension shall be 30 days; and

    (c) For a third offense, the license shall be revoked.

  (4) Before the suspension or revocation of an individual’s seafood dealer's license, the individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

C. A tidal fish licensee, recreational angler, or check station shall cooperate with Department-approved surveys and catch inspection necessary for harvest and bycatch determination, and biological characterization.

D. Penalties. In addition to any other penalties provided in this subtitle, an individual’s striped bass permit or seafood dealer authorization may be suspended for up to 2 years for:

  (1) A conviction for violating any provision of this chapter; or

  (2) A violation of any reporting requirement of this chapter.

#### Regulation .07 Commercial Fishery.

*COMAR 08.02.15.07*

A. Chesapeake Bay and Its Tidal Tributaries.

  (1) Quota. The annual target harvest for the commercial fishery is 42.5 percent of the overall Maryland quota.

  (2) Size Limits.

    (a) The minimum legal size for the commercial fishery is 18 inches total length.

    (b) The maximum legal size for the commercial fishery is 36 inches total length.

  (3) Seasons. The commercial seasons for taking striped bass for permittees registered in the Chesapeake Bay individual transferrable quota fishery are as follows:

    (a) The haul seine season is June 1 through the last day of February;

    (b) The hook and line season is June 1 through December 31;

    (c) The pound net season is June 1 through December 31; and

    (d) The drift gill net season is December 1 through the last day of February.

  (4) The Secretary shall allocate the annual target harvest for the following fisheries:

    (a) Chesapeake Bay Individual Transferrable Quota; and

    (b) Atlantic Ocean, its coastal bays and their tidal tributaries.

  (5) Initial Calculation of Shares in the Fisheries of the Chesapeake Bay and Its Tidal Tributaries.

    (a) A tidal fish licensee with a striped bass permit registered in the Chesapeake Bay and its tidal tributaries as of May 10, 2013 shall receive a share of the striped bass fishery in accordance with this section.

    (b) Pound Net and Haul Seine.

      (i) The amount of shares to be divided among the pound net and haul seine fisheries is 33 percent of the Chesapeake Bay commercial quota.

      (ii) Tidal fish licensees with a striped bass permit registered in the pound net fishery as of May 10, 2013 shall each receive an equal share.

      (iii) Tidal fish licensees with a striped bass permit registered in the haul seine fishery as of May 10, 2013 shall each receive a share equal to the amount of one third of the share assigned to a striped bass permit registered in the pound net fishery as of May 10, 2013.

    (c) Gill Net and Hook and Line.

      (i) The amount of shares to be divided among the gill net and hook and line fisheries is 67 percent of the overall commercial quota.

      (ii) Each tidal fish licensee with a striped bass permit registered in either the gill net or hook and line fisheries as of May 10, 2013 shall receive an equal share of 25 percent of the gill net and hook and line quota.

      (iii) In addition to the initial baseline share described in §A(6)(c)(ii) of this regulation, each tidal fish licensee with a striped bass permit registered in either the gill net or hook and line fisheries as of May 10, 2013 may receive additional shares of the remaining 75 percent of the gill net and hook and line quota based on the average poundage of the striped bass harvested by the permittee during the period January 1, 2001 through February 29, 2012.

  (6) The Secretary may:

    (a) Reassign a commercial tidal fish licensee's allocation if the licensee has not registered for the allocation;

    (b) Modify the allocation of all commercial tidal fish licensees during the season;

    (c) Consider an appeal of the initial calculation of shares in the fisheries of the Chesapeake Bay and its tidal tributaries under §A(6) of this regulation; and

    (d) Modify the shares of all commercial tidal fish licensees in an equal manner prior to the beginning of the quota year.

  (7) A flag specified by the Department shall be displayed on the vessel at least 3 feet above the surface on which it is mounted and clearly visible to approaching vessels if the individuals on board are engaged in commercial striped bass fishing to denote whether the individuals on board are participating in the Chesapeake Bay individual transferrable quota fishery.

B. Atlantic Ocean, its Coastal Bays and Their Tributaries.

  (1) Quota. The annual target harvest for the commercial fishery is the quota set by the Atlantic States Marine Fisheries Commission.

  (2) Minimum Size. The minimum legal size for the commercial fishery is 24 inches.

  (3) Season. The commercial season for the taking of striped bass for all gears is October 1 through May 31.

  (4) A striped bass caught in the waters of the State shall be landed in the State.

  (5) The Department may waive the provisions set forth in §B(4) of this regulation if an individual files with the Department an affidavit signed by the individual which specifies the out-of-State landing location and Maryland check station where fish will be counted and weighed.

  (6) The Secretary may modify the number of licensees with individual permits that may catch striped bass on a boat on any day by publishing notice in a daily newspaper of general circulation at least 48 hours in advance of the time of modification, stating the effective hour and date.

  (7) Initial Calculation of Shares in the Atlantic Ocean, Its Coastal Bays, and Their Tidal Tributaries.

    (a) A tidal fish licensee with a striped bass permit registered in the Atlantic Ocean, its coastal bays, and their tidal tributaries shall receive a share of the striped bass fishery in accordance with this section.

    (b) A tidal fish licensee shall receive an equal share for each of their permits registered in the Atlantic Ocean fishery.

    (c) A tidal fish licensee may receive a maximum share equal to four permits registered in the Atlantic Ocean fishery.

C. Drift Gill Net Fishery Limitations.

  (1) The provisions of this section apply to a commercial tidal fish licensee participating in a striped bass gill net season.

  (2) In the tidal waters of the Chesapeake Bay and its tributaries:

    (a) Only attended drift gill nets, as defined in COMAR 08.02.25.01B, with a stretched mesh size of not less than 5 inches or greater than 7 inches are permitted for the taking of striped bass;

    (b) The total length of drift gill net aboard a boat may not exceed 3,500 yards and may not be contained in more than ten containers;

    (c) A gill net may not be used to harvest fish or possessed aboard a vessel, unless the gill net has:

      (i) Each marker, cork, or float marked with the licensee's commercial tidal fish number; or

      (ii) A float line with a marker permanently affixed every 50 feet bearing the licensee's commercial tidal fish number; and

    (d) A drift gill net may be used on a Saturday or Sunday.

  (3) A person may possess and use other legal fishing equipment to catch other fish species while fishing for striped bass with gear as provided in §C(2)(a) of this regulation.

  (4) A drift gill net may not be set before 3 a.m. and shall be retrieved and in the boat by 6 p.m.

  (5) Flag Marker — Chesapeake Bay or Atlantic Ocean.

    (a) A drift gill net set in the Chesapeake Bay or Atlantic Ocean shall be marked, by the licensee, at one end by a square flag measuring at least 144 square inches, supported by a staff sufficient to maintain the flag bottom at least 3 feet above the surface of the water.

    (b) The end of a gill net opposite the flag marker shall be marked by either a triangular flag of at least 144 square inches or a floating marker with a volume of at least 460 cubic inches.

    (c) Each flag or floating marker shall be marked with the licensee's commercial tidal fish license number.

  (6) Flag Marker  Tributaries. A drift gill net set in tributaries of the Chesapeake Bay or Atlantic coastal bays and their tributaries shall be marked by the licensee at each end with a floating marker with a volume of at least 460 cubic inches, each bearing the licensee's commercial tidal fish license number, or a flag according to §A(8) of this regulation.

  (7) Gill Net and Gill Net Reels — Chesapeake Bay and Its Tidal Tributaries. Except during the commercial striped bass gill net season as specified in §A of this regulation or disseminated by public notice in accordance with Regulation .12H of this chapter, an individual may not catch and possess striped bass if a gill net or gill net reel is aboard the vessel.

D. Commercial Hook and Line Fishery Limitations.  While using commercial hook and line, a person may not catch or attempt to catch striped bass:

  (1) Between 1 hour after sunset and 1 hour before sunrise; or

  (2) At any time on a Saturday or Sunday.

E. Pound Net Fishery Limitations.

  (1) A commercial tidal fish licensee may not harvest striped bass from a pound net between 6 p.m. and 12 a.m.

  (2) A commercial tidal fish licensee may not harvest striped bass from a pound net on Sunday.

  (3) A commercial tidal fish licensee shall comply with all additional requirements in the pound net fishery as described in COMAR 08.02.25.07.

F. General.

  (1) A commercial tidal fish licensee may not catch striped bass between 6 p.m. Friday and 5 a.m. Monday, except as provided in §§C, D, and E of this regulation.

  (2) Atlantic Tolerance.

    (a) A commercial tidal fish licensee registered in the Atlantic fishery is not in violation of this chapter if their landings do not exceed their allocation by more than the tolerance described in §F(2)(b) of this regulation.

    (b) The tolerance for the Atlantic fishery is the greater of either 50 pounds or 4 percent of the remaining allocation available to the permit holder on the final trip when the allocation is fully harvested.

  (3) A commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota fishery who exceeds their allocation by 50 pounds or less is not in violation of this chapter.

  (4) If a commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota or Atlantic fishery exceeds the licensees allocation, that overage may be deducted from the allocation the licensee receives in the next practicable quota year.

  (5) If a commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota fishery accumulates 10 or more points for offenses specific to the striped bass fishery as described in COMAR 08.02.13.02 and .03, that licensee shall be suspended for one quota year.

  (6) A commercial tidal fish licensee may catch striped bass using only the striped bass permit assigned to the licensee.

#### Regulation .08 Recreational and Charter Boat Spring Fishery. — Repealed.

*COMAR 08.02.15.08*

#### Regulation .09 Recreational and Charter Boat Striped Bass Fishery in the Chesapeake Bay and Its Tidal Tributaries.

*COMAR 08.02.15.09*

A. Seasons and Areas.

  (1) From May 1 through May 15, a person may catch or possess striped bass only in the following areas:

    (a) Chesapeake Bay north of the William Preston Lane Jr. Memorial Bridge northern span, with the following boundaries:

      (i) Western boundary — east of a line beginning at a point at or near the west end of the north span of the William Preston Lane Jr. Memorial Bridge, defined by Lat. 39°00.52'N and Long. 76°24.24'W; then running northerly along the shore to a point at or near Persimmon Point, defined by Lat. 39°03.16'N and Long. 76°26.33'W; then running approximately 34° True to a point at or near Mountain Point, defined by Lat. 39°03.55'N and Long. 76°25.99'W; then running northerly along the shore to a point at or near Bodkin Point, defined by Lat. 39°07.98'N and Long. 76°25.83'W; then running approximately 358° True to a point at or near Buoy “2B” at the mouth of Patapsco River, defined by Lat. 39°10.71'N and Long. 76°25.95'W;

      (ii) Northern boundary — south of a line beginning at a point at or near Buoy “2B” at the mouth of the Patapsco River, defined by Lat. 39°10.71'N and Long. 76°25.95'W; then running approximately 111° True along the Brewerton Channel to a point at or near Buoy “10”, defined by Lat. 39°10.35'N and Long. 76°24.74'W; then running approximately 110° True to a point at or near Buoy “8”, defined by Lat. 39°10.00'N and Long. 76°23.51'W; then running approximately 112° True to a point at or near Buoy “6”, defined by Lat. 39°09.61'N and Long. 76°22.30'W; then running approximately 111° True to a point at or near Buoy “4”, defined by Lat. 39°09.25'N and long. 76°21.08'W; then running approximately 111° True to a point at or near Buoy “2BE” at the east end of the Brewerton Channel, defined by Lat. 39°08.92'N and Long. 76°19.98'W; then running approximately 90° True to a point at or near Buoy “12”, defined by Lat. 39°08.91'N and Long. 76°19.15'W; then running approximately 91° True to a point at or near Swan Point, defined by Lat. 39°08.89'N and Long. 76°16.69'W; and

      (iii) Eastern and southern boundary — west of a line beginning at a point at or near Swan Point, defined by Lat. 39°08.89'N and Long. 76°16.69'W; then running approximately 141° True to a point at or near Huntingfield Point, defined by Lat. 39°07.13'N and Long. 76°14.85'W; then running southerly along the shore of Eastern Neck to a point at or near Wilson Point, defined by Lat. 39°03.19'N and Long. 76°13.66'W; then running approximately 216° True to a point at or near the northwest point of Eastern Neck Island, defined by Lat. 39°02.77'N and Long. 76°14.05'W; then running approximately 263° True to a point at or near Love Point, defined by Lat. 39°02.40'N and Long. 76°18.16'W; then running southerly along the shore of Kent Island to a point at or near the east end of the north span of the William Preston Lane Jr. Memorial Bridge, defined by Lat. 38°59.08'N and Long. 76°20.41'W; then running westerly along the north span of the William Preston Lane Jr. Memorial Bridge to a point at or near the west end of the north span of the William Preston Lane Jr. Memorial Bridge, defined by Lat. 39°00.52'N and Long. 76°24.24'W.

    (b) Between the William Preston Lane Jr. Memorial Bridge northern span and the Maryland-Virginia state line excluding all bays, sounds, tributaries, creeks, and rivers, except Tangier Sound and Pocomoke Sound.

    (c) All of the Maryland waters of the Potomac River, and its tidal tributaries, downstream of a line beginning at a point at or near the east end of the Nice Memorial Bridge (U.S. 301), defined by Lat. 38°21.55'N and Long. 77°00.90'W; then running approximately 80° True to a point at or near the west end of the Nice Memorial Bridge, defined by Lat. 38°21.81'N and Long. 76°59.00'W; and upstream of a line beginning at a point at or near the shore at the north side of the north jetty at Smith Point, defined by Lat. 37°53.40'N and Long. 76°14.23'W; then running approximately 335° True to a point at or near Point Lookout, defined by Lat. 38°02.25'N and Long. 76°19.34'W.

  (2) From May 16 through May 31, a person may catch or possess striped bass only in the following areas:

    (a) All of the areas listed in §A(1) of this regulation;

    (b) All of the waters of the Chesapeake Bay enclosed by a line beginning at a point at or near North Point, defined by Lat. 39°11.71'N and Long. 76°26.53'W; then running approximately 156° True to a point at or near Buoy “2B” at the mouth of the Patapsco River, defined by Lat. 39°10.71'N and Long. 76°25.95'W; then running approximately 111° True to a point at or near Buoy “10”, defined by Lat. 39°10.35'N and Long. 76°24.74'W; then running approximately 110° True to a point at or near Buoy “8”, defined by Lat. 39°10.00'N and Long. 76°23.51'W; then running approximately 112° True to a point at or near Buoy “6”, defined by Lat. 39°09.61'N and Long. 76°22.30'W; then running approximately 111° True to a point at or near Buoy “4”, defined by Lat. 39°09.24'N and Long. 76°21.08'W; then running approximately 111° True to a point at or near Buoy “2BE”, defined by Lat. 39°08.92'N and Long. 76°19.98'W; then running approximately 90° True to a point at or near Buoy “12”, defined by Lat. 39°08.91'N and Long. 76°19.15'W; then running approximately 91° True to a point at or near Swan Point, defined by Lat. 39°08.88'N and Long. 76°16.69'W, then running northerly along the shore of Kent County to a point at or near the end of Maryland Route 21 at Tolchester, defined by Lat. 39°12.91'N and Long. 76°14.63'W; then running approximately 282° True to a point at or near the south corner of the Hart-Miller Island dike, defined by Lat. 39°14.23'N and Long. 76°22.44'W; then running north and west along the Hart-Miller shoreline to a point at or near the west end of Hart-Miller Island, defined by Lat. 39°14.36'N and Long. 76°23.19'W; then running approximately 206° True to a point at or near the east end of Pleasure Island, defined by Lat. 39°14.23'N and Long. 76°23.27'W; then running southwesterly along the Chesapeake Bay shoreline to a point at or near the West end of Pleasure Island, defined by Lat. 39°13.85'N and Long. 76°23.65'W; then running approximately 245° True to a point at or near the east end of Patapsco River Neck, defined by Lat. 39°13.76'N and Long. 76°23.91'W; then running southwesterly along shore to a point at or near the east entrance of Shallow Creek, defined by Lat. 39°12.25'N and Long. 76°25.95'W; then running approximately 251° True to a point at or near the west entrance of Shallow Creek, defined by Lat. 39°12.19'N and Long. 76°26.20'W; then running southwesterly along shore to the point of beginning, defined by Lat. 39°11.72'N and Long. 76°26.53'W;

    (c) Chester River. All of the waters of Chester River and its tributaries upstream of a line beginning at a point at or near Love Point, defined by Lat. 39°02.40'N and Long. 76°18.16'W; then running approximately 83° True to a point at or near the northwesterly point of Eastern Neck Island, defined by Lat. 39°02.77'N and Long. 76°14.05'W; and downstream of a line beginning at a point at or near Hail Point, defined by Lat. 39°00.76'N and Long. 76°12.00'W; then running approximately 216° True to a point at or near Long Point, defined by Lat. 38°58.81'N and Long. 76°13.80'W; then running approximately 271° True to a point at or near Ferry Point, defined by Lat. 38°58.82'N and Long. 76°14.60'W;

    (d) Choptank River. All of the waters of the Choptank River and its tributaries upstream of a line beginning at a point at or near Cook Point, defined by Lat. 38°37.73'N and Long. 76°17.35'W; then running approximately 317° True to a point at or near Blackwalnut Point, defined by Lat. 38°40.24'N and Long. 76°20.37'W; and downstream of a line beginning at a point at or near Holland Point at the west entrance of Irish Creek, defined by Lat. 38°41.88'N and Long. 76°13.61'W. then running approximately 174° True to a point at or near a point of land at the west entrance of Chapel Creek, defined by Lat. 38°36.59'N and Long. 76°12.91'W; and

    (e) Patuxent River. All of the waters of the Patuxent River and its tributaries upstream of a line beginning at a point at or near Drum Point, defined by Lat. 38°19.14'N and Long. 76°25.27'W; then running approximately 119° True to a point at or near Hog Point, defined by Lat. 38°18.59'N and Long. 76°23.99'W; and downstream of a line beginning at a point at or near Point Patience, defined by Lat. 38°19.73'N and Long. 76°29.04'W; then running approximately 236° True to a point at or near the west point of land at the entrance of Little Kingston Creek, defined by Lat. 38°19.40'N and Long. 76°29.67'W.

  (3) Except for the closure specified in COMAR 08.02.15.12I(5), from June 1 through December 5, a person may catch or possess striped bass in the Chesapeake Bay and its tidal tributaries, including the Maryland tributaries of the Potomac River.

B. Catch Restrictions.

  (1) A person may not catch or possess more than one striped bass per day.

  (2) A person may not catch or possess striped bass less than 19 inches in total length.

  (3) A person may not catch or possess striped bass greater than 24 inches in total length.

C. General Restriction. When fishing in any area described in this regulation, all striped bass in a person’s possession shall meet the size and possession limits set forth in regulation for that area.

#### Regulation .10 Recreational and Charter Boat Summer and Fall Fishery for Maryland Tributaries of the Potomac River. — Repealed.

*COMAR 08.02.15.10*

#### Regulation .11 Atlantic Coast Recreational and Charter Boat Fishery.

*COMAR 08.02.15.11*

A. Minimum Size. A person may catch or possess striped bass in the Atlantic Ocean, its coastal bays, and their tributaries between 28 inches and 38 inches, inclusive, total length, or 44 inches or larger, total length.

B. Catch Limit. A person may not take or possess more than two striped bass per day.

#### Regulation .12 General Restrictions.

*COMAR 08.02.15.12*

A. A person may not use a gaff or similar device to remove striped bass from the water. A person who catches striped bass shall remove it from the water only by hand or dip net.

B. Possession of Striped Bass.

  (1) For purposes of this section, “cull” means that after a person has a striped bass in possession, the person discards or exchanges that striped bass to possess another striped bass.

  (2) During a recreational striped bass season:

    (a) Between 12 a.m. midnight and 5 a.m., a person may not possess striped bass while fishing on the tidal waters of the Chesapeake Bay and its tributaries; and

    (b) An individual may not cull striped bass.

C. Filleting Striped Bass.

  (1) Except as provided in §C(2) of this regulation, a person may only land striped bass dockside as a whole fish.

  (2) A licensed charter boat captain or mate may fillet striped bass taken on a vessel displaying a current commercial charter boat decal under the following conditions:

    (a) A striped bass carcass may not be mutilated to the extent that the total length or species of fish cannot be determined;

    (b) An individual may not possess more than two fillets per legal fish on board a vessel;

    (c) All striped bass carcasses:

      (i) Shall be retained, unmixed with any other material, in a separate container readily available for inspection until the vessel has docked and all passengers from that trip have left the vessel and the dock area; and

      (ii) Are included in the possession limit; and

    (d) All striped bass carcasses from any previous trip shall be disposed of before any person begins to fish on a subsequent trip.

D. Except in ponds, lakes, reservoirs, or impoundments or as authorized by the Secretary, a person may not:

  (1) Conduct a fishing tournament or contest; or

  (2) Offer or give a reward or incentive to a recreational or fishing guide led angler for catching striped bass.

E. In addition to the requirements of this chapter, a person who fishes for striped bass shall be licensed in accordance with Natural Resources Article, §4-701 or 4-745, Annotated Code of Maryland.

F. Mycobacteriosis Tagging Study.

  (1) A person licensed by the Department to fish in Maryland waters may catch and possess all striped bass captured with an attached fluorescent green tag that shows the toll-free number 866-845-3379 and either VIMS Gloucester Pt. VA or MD DNR Oxford, provided that person possessing the tagged striped bass immediately:

    (a) Places the striped bass on ice or in a cool shaded area;

    (b) Calls the toll-free number on the green tag; and

    (c) Provides the striped bass to a representative of the Department of Natural Resources.

  (2) Striped bass tagged with the specified fluorescent green tag may be caught using legal fishing gear and possessed:

    (a) In excess of the daily catch limit;

    (b) Outside of the striped bass season;

    (c) Above or below the size limits; and

    (d) In those areas and times in which capture and possession are otherwise prohibited.

G. Restrictions for Charter Boats.

  (1) Except as provided in COMAR 08.02.13.06, during a chartered fishing trip, the captain or mate may not land or possess striped bass for personal consumption

  (2) A fishing guide licensee may not make more than two guided fishing trips daily to fish for striped bass.

H. Season Limitations.

  (1) In order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Striped Bass, the Secretary may modify or close a season or catch limit, set a monthly catch limit, modify a size limit, or require specific vessel trip information by issuing a public notice on the Fisheries Service 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.

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

I. Seasonal Restrictions for the Recreational and Charter Boat Fishery.

  (1) Definition.

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

    (b) Term Defined. “Target” means to catch, attempt to catch, harm, harass, or pursue.

  (2) Except as provided in Regulation .09 of this chapter and in §I(3) and (4) of this regulation, a person may not target striped bass or striped bass hybrids in the striped bass spawning rivers and areas listed in Regulation .03B of this chapter during the period March 1 through May 31.

  (3) During the period March 1 through March 31, inclusive, a person authorized in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, to recreationally angle for finfish may hook striped bass and shall immediately release the striped bass unharmed to the water from which the striped bass was taken in the following areas:

    (a) Susquehanna Flats, upstream of a line from a point at or near Sandy Point, defined by Lat. 39°26.96' N and Long. 76°03.63' W; then running in an easterly direction to a point at or near Turkey Point, defined by Lat. 39°27.13' N and Long. 76°00.70' W and the Susquehanna River downstream from a line connecting a point at or near the Susquehanna State Park boat ramp in Lapidum, defined by Lat. 39°35.86' N and Long. 76°07.67' W; then running in a northeasterly direction to a point at or near Twin Rocks, defined by Lat. 39°36.17' N and Long. 76°07.56' W; then running in a northeasterly direction to a point at or near Tomes Wharf in Port Deposit, defined by Lat. 39°36.23' N and Long. 76°06.99' W; and

    (b) Northeast River.

  (4) During the period March 1 through May 31, a person authorized in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, to recreationally angle for finfish may hook striped bass and shall immediately release the striped bass unharmed to the water from which the striped bass was taken in that area of the Chester River on the north side of Kent Narrows and bounded on the southern side by the southernmost edge of the old Route 50 bridge and, on the northern side, by a line beginning at a point (east tip of Ferry Point) defined by Lat. 38°58.820'N and Long. 76°14.627'W; then running approximately 92° True to a point (northwest tip of Long Point) defined by Lat. 38°58.798'N and Long. 76°13.825'W.

  (5) During the period August 1 through August 31, a person may not target striped bass or striped bass hybrids in the Chesapeake Bay or its tidal tributaries.

### Chapter 16 — Oyster Recovery Areas

**Authority:** Natural Resources Article §§4-2A-03 and 4-215, Annotated Code of Maryland

**Administrative History:** Effective date: May 20, 1996 (23:10 Md. R. 731)

#### Regulation .01 Scope.

*COMAR 08.02.16.01*

This chapter applies to oyster recovery areas and the types of activities which can be conducted in these areas.

#### Regulation .02 Definitions.

*COMAR 08.02.16.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Certified seed” or “certified oyster” means seed oysters having zero prevalence and intensity of MSX and dermo at the time of planting, as determined by current technology.

  (2) “Oyster recovery areas (ORA)” means the geographic areas in the Chesapeake Bay and its tributaries designated for management actions.

  (3) “Zones” means geographic areas within oyster recovery areas where specific management actions may occur and which are designated as Zones A, B, or C.

#### Regulation .03 Oyster Recovery Areas.

*COMAR 08.02.16.03*

The following tributaries of the Chesapeake Bay are designated as oyster recovery areas for specific management actions:

A. Chester River;

B. Choptank River;

C. Severn River;

D. Magothy River;

E. Nanticoke River; and

F. Patuxent River.

#### Regulation .04 Zone Lines.

*COMAR 08.02.16.04*

A. The following geographic areas in §B—G of this regulation designate zones within each ORA for specific management actions.

B. Chester River.

  (1) Zone A is upstream from a line which runs from Lat. 39°06'31.6", Long. 76°07'06.8" southeast from Deep Point across the river to Lat. 39°06'11.5", Long. 76°06'48.8" east of Spaniard Point.

  (2) Zone B is upstream from a line connecting Spaniard Point at Lat. 39°05'33.2", Long. 76°08'43.8" with the other side of the river in a northwest direction to Lat. 39°06'16.0", Long. 76°09'37.1" up to the boundary of Zone A.

  (3) Zone C is downstream from the lower boundary of Zone B to the mouth of the river defined by a line from Love Point to the northwest tip of Eastern Neck Island.

C. Choptank River.

  (1) Zone A is upstream from just south of Jamaica Point at Lat. 38°36'38.6", Long. 75°59'09.8" across to the southern edge of the mouth of the Warwick River at Lat. 38°36'19.8", Long. 75°58'36.0".

  (2) Zone B is downstream approximately 4,000 yards from the boundary of Zone A to Lat. 38°34'36.6", Long. 76°00'23.5" across the river to Lat. 38°35'20.3", Long. 76°01'15.0".

  (3) Zone C is downstream from the lower boundary of Zone B to the mouth of the Choptank River.

D. Severn River.

  (1) Zone A is downstream from the Route 50 bridge and upstream from the Maryland Department of Environment's restricted line.

  (2) Zone B is upstream from the Route 50 bridge.

E. Magothy River.

  (1) Zone B encompasses all of the area upstream of a line from Chest Neck Point, Lat. 39°04'17.55", Long. 76°30'08.29" to South Ferry Point, Lat. 39°04'42.56", Long. 76°29'32.54".

  (2) Zone C encompasses the area downstream of a line from Chest Neck Point to South Ferry Point to the mouth of the river.

F. Nanticoke River.

  (1) Zone B is an area upstream of a line from the southern shore of the mouth of Lower Greens Cove, Lat. 38°20'28.34", Long. 75°54'47.60" to Hatcrown Point, Lat. 38°19'44.70", Long. 75°52'56.68".

  (2) Zone C is an area downstream of a line from the southern shore of the mouth of Lower Greens Cove to Hatcrown Point.

G. Patuxent River.

  (1) Zone B is upstream of a line from Holland Point, Lat. 38°30'28.71", Long. 76°39'57.57" to the west shore of the river, Lat. 38°30'27.63", Long. 76°40'42.78".

  (2) Zone C is downstream of a line from Holland Point to the west shore of the river.

#### Regulation .05 Prohibitions.

*COMAR 08.02.16.05*

A. Shellfish Harvest. Except as provided in §C of this regulation, shellfish harvesting is prohibited in an area designated as Zone A listed in Regulation .03 of this chapter.

B. Seed Certification. Only certified seed shall be planted in areas designated as Zone A and Zone B.

C. Chester River. Clam harvesting is permitted in an area designated as Zone A listed in Regulation .04B of this chapter.

### Chapter 17 — Fish Refuges

**Authority:** Natural Resources Article, §§4-405, 4-407, and 4-410, Annotated Code of Maryland

**Administrative History:** Effective date: February 24, 1997 (24:4 Md. R. 291)

**Administrative History:** Regulation .01 repealed and new Regulations .01 and .02 adopted as an emergency provision effective March 1, 2001 (28:6 Md. R. 619); adopted permanently effective May 28, 2001 (28:10 Md. R. 949)

**Administrative History:** Regulation .01 amended effective February 17, 2003 (30:3 Md. R. 177)

**Administrative History:** Regulation .01 repealed effective August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .02 amended effective February 17, 2003 (30:3 Md. R. 177)

#### Regulation .01 Gumtree Cove — Repealed.

*COMAR 08.02.17.01*

#### Regulation .02 Chicamuxen Creek.

*COMAR 08.02.17.02*

A person may not enter, remain in, or catch or attempt to catch fish in the designated portion of Chicamuxen Creek, north of Linton Point off the Potomac River in Charles County, which encompasses the area northeast of a line running from a point at or near the shore defined by Lat. 038°32'30.7"N., Long. 077°13'59.0"W., then running approximately 184°True to a point at or near the shore defined by Lat. 038°32'13.7"N., Long. 077°14'00.7"W., from March 1 through June 15. This defined portion of Chicamuxen Creek is designated as a State fish refuge during this time period.

### Chapter 18 — Fishing Guide Provisions

**Authority:** Natural Resources Article, §§4-206, 4-210, 4-210.1, 4-215, 4-701, and 4-745, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .04C amended effective March 3, 2003 (30:4 Md. R. 315)

**Administrative History:** Chapter revised effective August 28, 2006 (33:17 Md. R. 1436)

**Administrative History:** Regulation .04C amended effective December 28, 2020 (47:26 Md. R. 1107)

**Administrative History:** Regulation .05B, D amended effective December 28, 2020 (47:26 Md. R. 1107)

**Administrative History:** Regulation .06A, C amended effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .06D, E amended effective December 28, 2020 (47:26 Md. R. 1107)

**Administrative History:** Regulation .06H amended effective February 22, 2010 (37:4 Md. R. 338)

#### Regulation .01 Scope.

*COMAR 08.02.18.01*

This chapter applies to an individual who is licensed in accordance with Natural Resources Article, §4-210 or 4-210.1, Annotated Code of Maryland, to accept direct or indirect consideration for providing services as a fishing guide to an individual fishing in the waters of the State. This chapter also applies to an individual under the guidance of the licensee.

#### Regulation .02 Definitions.

*COMAR 08.02.18.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Department of Natural Resources.

  (2) “Licensee” means an individual who holds a valid type NT, type NTT, or type L fishing guide license issued by the Department.

  (3) “Nonresident” means an individual who resides in a state other than Maryland on the date of application for or renewal of a fishing guide license.

  (4) Resident.

    (a) “Resident” means an individual who resides in this State on the date of application for or renewal of a fishing guide license.

    (b) “Resident” includes a member of the armed forces of the United States who is:

      (i) On active duty; and

      (ii) Stationed officially in this State.

  (5) “Striped bass” means the species Morone saxatilis, also known as rockfish, and all hybrids of striped bass.

  (6) “Fishing guide” means an individual who accepts direct or indirect consideration for providing instruction, direction, supervision, or transportation to an individual for the purpose of catching fish by angling.

#### Regulation .03 Freshwater Fishing Guide License — Type NT.

*COMAR 08.02.18.03*

A. A type NT freshwater fishing guide license, as authorized by Natural Resources Article, §4-210.1, Annotated Code of Maryland, authorizes the licensee to provide fishing guide services only in the nontidal waters of the State.

B. Striped Bass. An angler under the guidance of a licensee with a valid type NT license in nontidal waters of the State may:

  (1) Hook striped bass and immediately release the striped bass unharmed to the water from which the striped bass was taken; and

  (2) Harvest striped bass from the following areas:

    (a) Youghiogheny Reservoir;

    (b) Piney Run Reservoir;

    (c) Tridelphia Reservoir;

    (d) Loch Raven Reservoir;

    (e) Prettyboy Reservoir;

    (f) T. Howard Duckett (Rocky Gorge) Reservoir;

    (g) Liberty Reservoir; and

    (h) Conowingo Reservoir.

C. Fees. The fees for a type NT license are:

  (1) For a resident, $20; and

  (2) For a nonresident, $50.

D. General. Except in Deep Creek Lake, the maximum number of individuals present on a vessel which is operated by a licensee may not exceed four, including the licensee.

#### Regulation .04 Freshwater Fishing Guide License — Type NTT.

*COMAR 08.02.18.04*

A. A type NTT freshwater fishing guide license, as authorized by Natural Resources Article, §4-210.1, Annotated Code of Maryland, authorizes the licensee to provide fishing guide services in nontidal waters and designated tidal waters of the State.

B. Fishing Area. A type NTT license authorizes the licensee to provide fishing guide services in:

  (1) All nontidal waters of the State; and

  (2) The following designated areas located in tidal waters of the State:

    (a) Chesapeake Bay upstream of a line from Sandy Point on Spesutie Island to Turkey Point;

    (b) Elk River upstream of a line from Turkey Point to the State launching ramp at Pearce Creek;

    (c) Pond Creek upstream of a line connecting the two unnamed points at the entrance to the creek;

    (d) Sassafras River upstream of a line from Grove Point to Howell Point;

    (e) Still Pond Creek upstream of a line from Meeks Point to Rocky Point;

    (f) Worton Creek upstream of a line from Copeland Point to Handys Point;

    (g) Fairlee Creek upstream of a line across the entrance of the creek;

    (h) Chester River upstream of a line from Spaniard Point to Nichols Point;

    (i) Corsica River, a tributary of the Chester River, upstream of a line from Spaniard Point to Holton Point;

    (j) Langford Creek, a tributary of the Chester River, upstream of a line from Nichols Point to Grays Inn Point;

    (k) Grays Inn Creek, a tributary of the Chester River, upstream from Grays Inn Point to Little Gum Point;

    (l) Choptank River upstream of the Dover Bridge on Route 331;

    (m) Blackwater River upstream of a line from the lower point of Snake Island to the southernmost point on the opposite shore;

    (n) Transquaking River upstream of a line from Alabaster Point running magnetic north to the opposite shore;

    (o) Nanticoke River upstream of a line from Long Point to Runaway Point;

    (p) Wicomico River upstream of the Whitehaven ferry crossing;

    (q) Pocomoke River upstream of the landing at Rehobeth;

    (r) Maryland tributaries of the Potomac River above the Route 301 bridge;

    (s) Wicomico River, a tributary of the Potomac River, upstream of a line from Mills Point in a westerly direction to the northernmost point at the entrance to Dolly Boarmans Creek;

    (t) Patuxent River upstream of the overhead power lines north of Gods Grace Point;

    (u) Swanson Creek, a tributary of the Patuxent River, upstream of a line from Teague Point to Chalk Point;

    (v) Patapsco River upstream of the Hanover Street crossing parallel to the Potee Street crossing;

    (w) Back River upstream of a line from Cuckhold Point to Rocky Point;

    (x) Middle River upstream of a line from Booby Point to Bowley Bar Point;

    (y) Seneca Creek upstream of a line from Bowley Bar Point to Lowen Point;

    (z) Gunpowder River upstream of a line from Weir Point to Rickett Point; and

    (aa) Bush River upstream of a line from Abbey Point to Sandy Point.

C. Striped Bass.

  (1) Notwithstanding COMAR 08.02.15.08—.11, an angler under the guidance of a licensee with a valid type NTT license in tidal waters of the State may not possess the species of fish known as striped bass.

  (2) Notwithstanding COMAR 08.02.15, an angler under the guidance of a licensee with a valid type NTT license in tidal waters of the State may not catch or attempt to catch striped bass from waters of the State north of a line drawn from Abbey Point to Worton Point, from March 1 through May 31, inclusive.

  (3) An angler under the guidance of a licensee with a valid type NTT license in nontidal waters of the State may:

    (a) Hook striped bass and immediately release the striped bass unharmed to the water from which the striped bass was taken; and

    (b) Harvest striped bass from the areas set forth in Regulation .03 of this chapter.

D. Fees. The fees for a type NTT license are:

  (1) For a resident, $50; and

  (2) For a nonresident, $100.

E. License Allocations.

  (1) The number of type NTT licenses issued annually is limited to:

    (a) 120 for residents; and

    (b) 30 for nonresidents.

  (2) The Department shall maintain separate waiting lists of qualified resident and nonresident individuals in chronological order who have applied for a type NTT license.

  (3) A type NTT license that is revoked or voluntarily relinquished to the Department may be reallocated to an individual who meets all qualifications for a type NTT license.

  (4) The Department shall issue a type NTT license to the first individual on the appropriate waiting list described in §D(2) of this regulation when a license is available.

F. General. Except in Deep Creek Lake, the maximum number of individuals present on a vessel which is operated by a licensee may not exceed four, including the licensee.

#### Regulation .05 Limited Fishing Guide License — Type L.

*COMAR 08.02.18.05*

A. A type L limited fishing guide license, as authorized by Natural Resources Article, §4-210, Annotated Code of Maryland, authorizes the licensee to provide fishing guide services in all waters of the State.

B. Striped Bass.

  (1) Notwithstanding COMAR 08.02.15, an angler under the guidance of a licensee with a valid type L license in tidal waters of the State may not catch or possess striped bass in the following areas:

    (a) Chesapeake Bay upstream of a line from Sandy Point on Spesutie Island to Turkey Point;

    (b) Elk River upstream of a line from Turkey Point to the State launching ramp at Pearce Creek;

    (c) Pond Creek upstream of a line connecting the two unnamed points at the entrance to the creek;

    (d) Sassafras River upstream of a line from Grove Point to Howell Point;

    (e) Still Pond Creek upstream of a line from Meeks Point to Rocky Point;

    (f) Worton Creek upstream of a line from Copeland's Point to Handys Point;

    (g) Fairlee Creek upstream of a line across the entrance of the creek;

    (h) Chester River upstream of a line from Spaniard Point to Nichols Point;

    (i) Corsica River, a tributary of the Chester River, upstream of a line from Spaniard Point to Holton Point;

    (j) Langford Creek, a tributary of the Chester River, upstream of a line from Nichols Point to Grays Inn Point;

    (k) Grays Inn Creek, a tributary of the Chester River, upstream from Grays Inn Point to Little Gum Point;

    (l) Choptank River upstream of the Dover Bridge on Route 331;

    (m) Blackwater River upstream of a line from the lower point of Snake Island to the southernmost point on the opposite shore;

    (n) Transquaking River upstream of a line from Alabaster Point running magnetic north to the opposite shore;

    (o) Nanticoke River upstream of a line from Long Point to Runaway Point;

    (p) Wicomico River upstream of the Whitehaven ferry crossing;

    (q) Pocomoke River upstream of the landing at Rehobeth;

    (r) Wicomico River, a tributary of the Potomac River, upstream of a line from Mills Point in a westerly direction to the northernmost point at the entrance to Dolly Boarmans Creek;

    (s) Patuxent River upstream of the overhead power lines north of Gods Grace Point;

    (t) Swanson Creek, a tributary of the Patuxent River, upstream of a line from Teague Point to Chalk Point;

    (u) Patapsco River upstream of the Hanover Street crossing parallel to the Potee Street crossing;

    (v) Back River upstream of a line from Cuckhold Point to Rocky Point;

    (w) Middle River upstream of a line from Booby Point to Bowley Bar Point;

    (x) Seneca Creek upstream of a line from Bowley Bar Point to Lowen Point;

    (y) Gunpowder River upstream of a line from Weir Point to Rickett Point;

    (z) Bush River upstream of a line from Abbey Point to Sandy Point; and

    (aa) Maryland tributaries of the Potomac River above the Route 301 bridge.

  (2) Notwithstanding COMAR 08.02.15, an angler under the guidance of a licensee with a valid type L license in tidal waters of the State may not catch or attempt to catch striped bass from waters of the State north of a line drawn from Abbey Point to Worton Point, from March 1 through May 31, inclusive.

  (3) An angler under the guidance of a licensee with a valid type L license in nontidal waters of the State may:

    (a) Hook striped bass and immediately release the striped bass unharmed to the water from which the striped bass was taken; and

    (b) Harvest striped bass from the areas set forth in Regulation .03 of this chapter.

C. Fees. The fees for a type L license are:

  (1) For a resident, $50; and

  (2) For a nonresident, $100.

D. General. A type L licensee may guide:

  (1) Anglers in no more than three boats or vessels that:

    (a) Have one or two occupants per boat; and

    (b) Are propelled by human power;

  (2) Ten anglers on foot; or

  (3) Any number of anglers who are participating in an educational or recreational program sponsored by a State, local, or municipal government and who are fishing from shore or on foot in the water.

#### Regulation .06 General Provisions.

*COMAR 08.02.18.06*

A. Licensee Requirements. In addition to a type NT, NTT, or L license, a licensee shall possess, as applicable, the following when engaged in fishing guide activities:

  (1) A valid angler's license in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland;

  (2) A valid Chesapeake Bay and coastal sport fishing license or registration in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland;

  (3) Any necessary stamps issued by the Department; and

  (4) A valid license issued by the U. S. Coast Guard.

B. Safety Requirements. An applicant for a type NT, NTT, or L license shall provide a valid copy of the following documentation:

  (1) A cardiopulmonary resuscitation (CPR) certificate; and

  (2) An American Red Cross First Aid Certification or equivalent.

C. Angler Requirements. An individual guided by a licensee shall possess, as applicable:

  (1) A valid angler's license in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland,

  (2) A valid Chesapeake Bay and coastal sport fishing license or registration in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland; and

  (3) Any necessary stamps issued by the Department.

D. Dividing Lines. The dividing lines for tidal and nontidal waters are designated in COMAR 08.02.01.09.

E. A licensee may not possess fish for personal use while providing fishing guide services.

F. Term. A type NT, NTT, or L license is valid from the date of issuance through December 31 of each year following the date of issuance.

G. Renewal. A licensee may renew a type NT, NTT, or L license for an additional 1 year term if the licensee:

  (1) Is otherwise entitled to hold the license;

  (2) Provides a valid copy of the documents set forth in §B of this regulation; and

  (3) Submits to the Department, by December 31:

    (a) A renewal application on the form that the Department requires; and

    (b) The applicable annual fee.

H. Reporting.

  (1) A licensee shall submit reports as required on forms provided by the Department.

  (2) Any person who is licensed to guide fishing parties on tidal waters shall accurately record their catch on a commercial charter boat captain's daily log and submit the log in accordance with COMAR 08.02.13.06.

### Chapter 19 — Nuisance and Prohibited Species

**Authority:** Natural Resources Article, §§4-205.1 and 4-816, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01, .02 adopted as an emergency provision effective November 23, 2004 (31:25 Md. R. 1788); adopted permanently effective January 6, 2005 (31:26 Md. R. 1861)

**Administrative History:** Regulations .01 and .02 repealed and new Regulations .01—.06 adopted effective November 6, 2006 (33:22 Md. R. 1731)

**Administrative History:** Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1956); February 6, 2012 (39:2 Md. R. 140)

**Administrative History:** Regulation .04 amended effective March 21, 2011 (38:6 Md. R. 394)

**Administrative History:** Regulation .04A amended effective September 24, 2007 (34:19 Md. R. 1649); August 24, 2009 (36:17 Md. R. 1312); October 28, 2013 (40:21 Md. R. 1774); March 22, 2021 (48:6 Md. R. 237)

**Administrative History:** Regulation .04B amended effective August 24, 2009 (36:17 Md. R. 1312); October 17, 2011 (38:21 Md. R. 1276)

**Administrative History:** Regulation .06 amended effective September 29, 2014 (41:19 Md. R. 1076)

**Administrative History:** Regulation .06D amended effective July 15, 2019 (46:14 Md. R. 621)

**Administrative History:** Regulation .06E adopted as an emergency provision effective July 16, 2009 (35:17 Md. R. 1309); adopted permanently effective September 21, 2009 (36:19 Md. R. 1435)

**Administrative History:** Regulation .06E amended effective October 28, 2013 (40:21 Md. R. 1774)

**Administrative History:** Regulation .07 adopted effective March 21, 2011 (38:6 Md. R. 394)

**Administrative History:** Regulation .08 adopted effective October 17, 2011 (38:21 Md. R. 1276)

**Administrative History:** Regulation .08 repealed effective March 22, 2021 (48:6 Md. R. 237)

#### Regulation .01 Purpose.

*COMAR 08.02.19.01*

The purpose of this chapter is to control the importation, possession, propagation, transport, purchase, sale, or introduction into State waters of certain nonnative aquatic organisms that if accidentally or deliberately introduced into or further spread in the waters of the State would alter and threaten to harm the ecosystem, the abundance and diversity of native or naturalized aquatic organisms, or the productivity of State waters.

#### Regulation .02 Definitions.

*COMAR 08.02.19.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Aquaculture” means the rearing for commercial purposes of a species of fish or aquatic plant as listed in and described in COMAR 08.02.14 and may include the purchase, sale, possession, capture, production, breeding, transportation, and processing of fish or aquatic plants.

  (2) “Aquatic organism” means a living organism that spends part of its life in water.

  (3) “Felt sole” means a sole to which felt or any other natural or synthetic porous material capable of absorbing liquid is attached.

  (4) “Historically” means commonly accepted to have been in State waters in the year 1500.

  (5) “Hybrid” means the offspring of any species of fish of genetically dissimilar parents or stock.

  (6) “Introduction into State waters” means the deliberate or accidental release of an aquatic organism into State waters.

  (7) “Native” means having historically lived, grown, and reproduced in State waters.

  (8) “Naturalized” means documented as having lived, grown, and reproduced in State waters for more than 10 years without known harm to the ecosystem.

  (9) “Nonnative ” means any species other than native or naturalized.

  (10) “Nuisance organism” means a nonnative aquatic organism that will foreseeably alter and threaten to harm the ecosystem or the abundance and diversity of native or naturalized aquatic organisms.

  (11) “State waters” means tidal and nontidal waters located within the boundaries of the State, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State.

  (12) “Transgenic” means an organism into which genetic material from another organism has been experimentally transferred so that the host acquires the genetic traits of the transferred genes.

  (13) “Transport” means to move a nonnative aquatic organism from the waters of one watershed, as named by Maryland Integrated Watershed Data and Information System 6-digit map, and introduce it into the waters of another watershed, as named by Maryland Integrated Watershed Data and Information System 6-digit map.

  (14) “Without known harm” means a species has acclimated or adapted to life in Maryland's waters for more than 50 years without diminishing the abundance, diversity, distribution or reproduction of a native species or degrading water quality requirements for a native species.

C. A term used in this chapter and not defined in this regulation has:

  (1) The meaning given to the term in a relevant statute or regulation; or

  (2) If not defined in statute or regulation, the meaning attributed in common use.

#### Regulation .03 Transgenic.

*COMAR 08.02.19.03*

A person may not introduce into State waters any transgenic aquatic organism.

#### Regulation .04 Classification of Nonnative Aquatic Organisms.

*COMAR 08.02.19.04*

A. A person may not import, transport, purchase, possess, propagate, sell, or release into State waters the following nonnative aquatic organisms:

  (1) Fish species:

    (a) Alabama bass (Micropterus hensalli);

    (b) Asian horseshoe crabs (Tachypleus tridentatus, Tachypleus gigas, Carcinoscorpius rotundicauda);

    (c) Asian swamp eel (Monoterus albus);

    (d) Bighead carp (Hypophthalmichthys nobilis);

    (e) Black carp (Mylopharynodon piceus);

    (f) Candiru (Vandellia cirrhosa);

    (g) Chinese mitten crab (Eriocheir sinensis);

    (h) Eurasian river ruffe (Gymnocephalus cernuus);

    (i) Grass carp (Ctenopharyngodon idella);

    (j) Marbled crayfish (marmorkrebs) (Procambarus sp.);

    (k) New Zealand Mudsnail (Potamopyrgus anitpodarum);

    (l) Quagga mussel (Dreissena bugensis);

    (m) Red shiner (Notropis lutrensis, Cyprinella lutrensis);

    (n) Round goby (Neogobius melanostomus);

    (o) Rudd (Scardinius erythrophthalmus);

    (p) Rusty crayfish (Orconectes rusticus);

    (q) Silver carp (Hypophthalmichthys molitrix);

    (r) Spotted bass (Micropterus punctulatus);

    (s) Veined rapa whelk (Rapana venosa);

    (t) Walking catfish (Clarius batrachus); and

    (u) Zebra mussel (Dreissena polymorpha); and

  (2) Aquatic plant species:

    (a) Giant salvinia (Salvinia molesta); and

    (b) Green Caulerpa seaweed (Caulerpa taxifolia).

B. A person may not transport the following nonnative aquatic organisms:

  (1) Fish species:

    (a) Blue catfish (Ictalurus furcatus);

    (b) Flathead catfish (Pylodictis olivaris);

    (c) Green crab (Carcinus manenas);

    (d) Japanese shore crab (Hemigrapsus sanguineus);

    (e) Mimic shiner (Notropis volucellus);

    (f) Red swamp crayfish (Procambarus clarkii);

    (g) Southern white river crayfish (Procambarus zonangulus); and

    (h) Virile crayfish (Orconectes virilis); and

  (2) Aquatic plant species:

    (a) Brazilian elodea (Egeria densa);

    (b) Hydrilla (Hydrilla verticillata);

    (c) Parrot feather (Myriophyllum aquaticum, Myriophyllum brasiliense); and

    (d) Water chestnut (Trapa natans).

C. A person may not import, transport, purchase, propagate, sell, or release into State waters the following nonnative aquatic organisms:

  (1) Australian crayfish of genus Cherax (Cherax);

  (2) Chinese mystery snail (Cipangopaludina chinensis, Viviparus malleatus); and

  (3) Oriental weatherfish (Misgurnus anguillicaudatus).

D. Permit.

  (1) A person may not import, transport, purchase, possess, propagate, or sell a nonnative aquatic organism listed in §A of this regulation, or transport a nonnative aquatic organism listed in §B of this regulation, or import, transport, purchase, propagate, or sell a nonnative aquatic organism listed in §C of this regulation, unless the person has been issued a permit by the Department, as specified in Natural Resources Article, §4-212 or 4-11A-02, Annotated Code of Maryland.

  (2) A permit may be granted only if satisfactory proof is presented to the Department that the organism is free of a communicable disease.

  (3) An application for the permit shall be filed with the Department not less than 60 days before the proposed date of importation.

  (4) An application for an activity listed in §D(1) of this regulation that is in progress at the time of adoption of this regulation shall be filed within 60 days after the date of adoption of this regulation.

  (5) A permitted nonnative aquatic organism may be held only in a secure facility from which escape into State waters is not possible.

  (6) A permit is not required if:

    (a) The species is being transported to the Department or another destination as the Secretary may direct:

      (i) In a sealed container or dead; and

      (ii) For purposes of species identification or reporting the presence of the species; or

    (b) The specimen has been lawfully acquired dead and, in the case of plant species, all seeds are removed or otherwise secured in a sealed container or is in the form of herbaria or other preserved museum specimens.

#### Regulation .05 General.

*COMAR 08.02.19.05*

A. A person may not place or attempt to place upon or into State waters a watercraft or associated equipment with attached or contained aquatic plants, zebra mussels, or other prohibited species of nonnative organisms.

B. Water taken from waters infested by prohibited nonnative species may not be diverted, appropriated, or transported on public roads except in the following circumstances:

  (1) In an emergency declared by appropriate local or State authorities, such as a fire emergency;

  (2) As specified in water appropriation or public waters work permits; or

  (3) Under a permit issued by the Secretary.

#### Regulation .06 Snakehead Prohibitions.

*COMAR 08.02.19.06*

A. Except as authorized by 50 CFR Part 16, a person may not import, transport, or introduce into the State any live fish or viable eggs of snakehead fish of the Family Channidae, including but not limited to:

  (1) African snakehead (Parachanna obscura);

  (2) Bangka snakehead (Channa bankanensis);

  (3) Baram snakehead (Channa baramensis);

  (4) Barca snakehead (Channa barca);

  (5) Black snakehead (Channa melasoma);

  (6) Blackfinned snakehead (Channa melanoptera);

  (7) Blotched snakehead (Channa maculata);

  (8) Bluespotted snakehead (Channa cyanospilos);

  (9) Bullseye snakehead (Channa marulius);

  (10) Burmese snakehead (Channa burmanica);

  (11) Ceylon snakehead (Channa orientalis);

  (12) Chel snakehead (Channa amphibeus);

  (13) Chevron snakehead (Channa striata);

  (14) Chinese snakehead (Channa asiatica);

  (15) Congo snakehead (Parachanna insignis);

  (16) Dwarf snakehead (Channa gachua);

  (17) Emperor snakehead (Channa maruloides);

  (18) Giant snakehead (Channa micropeltes);

  (19) Golden snakehead (Channa stewartii);

  (20) Inle snakehead (Channa harcourtbutleri);

  (21) Niger snakehead (Parachanna africana);

  (22) Night snakehead (Channa nox);

  (23) Northern snakehead (Channa argus);

  (24) Ocellated snakehead (Channa pleurophthalmus);

  (25) Orangespotted snakehead (Channa aurantimaculata);

  (26) Panaw snakehead (Channa panaw);

  (27) Rainbow snakehead (Channa bleheri);

  (28) Splendid snakehead (Channa lucius); and

  (29) Spotted snakehead (Channa punctata).

B. A person may not sell or breed live snakehead fish of the Family Channidae in the State.

C. Except as provided in §D of this regulation, a person may not possess the viable eggs or live snakehead fish of the species:

  (1) Blotched snakehead (Channa maculata); and

  (2) Northern snakehead (Channa argus).

D. Except as described in §E of this regulation, an individual may only possess a snakehead if, immediately upon capture, the snakehead is killed.

E. The Department may issue a permit for the possession of a live snakehead fish for scientific purposes to a properly accredited person of known scientific attainment.

#### Regulation .07 Felt-Soled Waders.

*COMAR 08.02.19.07*

An individual may not use footgear with external felt soles in State waters or within five feet of State waters.

### Chapter 20 — Bait

**Authority:** Natural Resources Article, §§4-219  and 4-602, Annotated Code of Maryland

**Administrative History:** Effective date: March 27, 2006 (33:6 Md. R. 577)

**Administrative History:** Regulation .01 amended effective April 14, 2014 (41:7 Md. R. 421); July 24, 2023 (50:14 Md. R. 592)

**Administrative History:** Regulation .02 amended effective April 14, 2014 (41:7 Md. R. 421)

**Administrative History:** Regulation .03 adopted effective July 24, 2023 (50:14 Md. R. 592)

#### Regulation .01 Purpose.

*COMAR 08.02.20.01*

The purpose of this chapter is to control the use of bait in State waters and implement Natural Resources Article, §4-702, Annotated Code of Maryland, which requires licensure of persons dealing in finfish or shellfish and provides an exception for those persons who catch and sell certain species of finfish or shellfish as bait.

#### Regulation .02 Bait.

*COMAR 08.02.20.02*

A. Bait. For the purpose of this subtitle, “bait” means an attractant to catch fish which includes:

  (1) The living or dead, whole body or part of body of an animal; or

  (2) A processed product from an animal or vegetative source.

B. Bait Harvester Permit.

  (1) Prior to harvesting the species listed in §C of this regulation, an individual not licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, shall obtain a bait harvester permit from the Department.

  (2) A bait harvester permit shall be issued to an individual who has paid the fee for the permit as described in Natural Resources Article, §4-702, Annotated Code of Maryland to the Department and has met all reporting requirements as required by this regulation.

  (3) An individual harvesting bait in accordance with this chapter shall have the Department-issued bait harvester permit in possession while harvesting or transporting bait.

  (4) A bait harvester permit may not be transferred.

  (5) Bait harvester permits issued by the Department shall be valid beginning on September 1 and expire on August 31 of the following year.

C. Species. The only species of finfish or shellfish as described at COMAR 08.02.08.03 that may be caught and sold for use as fishing bait by an individual who is not licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, are:

  (1) Mummichog (Fundulus heteroclitus);

  (2) Striped killifish (Fundulus majalis);

  (3) Banded killifish (Fundulus diaphanous);

  (4) Spottail shiner (Notropis hudsonius);

  (5) Golden shiner (Notemigonus crysoleucas);

  (6) Rough silverside (Membras martinica);

  (7) Silverside (Menidia species);

  (8) Anchovy (Anchoa species);

  (9) Silvery minnow (Hybognathus nuchalis);

  (10) Mole crab (Emerita species); and

  (11) Grass shrimp (Palaemonetes species).

D. Methods.

  (1) An individual who is not licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, may use only the following methods and gear as defined in COMAR 08.02.25.01, to catch bait finfish or shellfish from the tidal waters of the State:

    (a) Cast net;

    (b) Dip net;

    (c) Seine;

    (d) Hook and line; and

    (e) Trap.

  (2) A cast net shall be thrown by hand and have a radius not greater than 10 feet.

  (3) A dip net shall be operated by hand.

  (4) A seine:

    (a) May not be emptied on the shore or beach or in any water less than sufficient depth to enable the unwanted fish to return to the waters alive;

    (b) Shall have mesh no greater than 1/4 inch; and

    (c) May not exceed 50 feet in width and 5 feet in height.

  (5) A trap shall:

    (a) Be clearly labeled with the permittee’s DNR id number; and

    (b) Be emptied at least once every 24-hour period.

E. Seasons and Limits.

  (1) Season. There is no closed season.

  (2) Daily Catch and Possession Limits. The daily catch and possession limit of bait finfish or shellfish for an individual who is not licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, is as follows:

    (a) Mummichog (Fundulus heteroclitus): 10 gallons;

    (b) Striped killifish (Fundulus majalis): 10 gallons;

    (c) Banded killifish (Fundulus diaphanous): 10 gallons;

    (d) Spottail shiner (Notropis hudsonius): 600 individuals;

    (e) Golden shiner (Notemigonus crysoleucas): 600 individuals;

    (f) Rough silverside (Membras martinica): 600 individuals;

    (g) Silverside (Menidia species): 600 individuals;

    (h) Anchovy (Anchoa species): 600 individuals;

    (i) Silvery minnow (Hybognathus nuchalis): 600 individuals;

    (j) Mole crab (Emerita species): 5 gallons; and

    (k) Grass shrimp (Palaemonetes species): 5 gallons.

F. Reporting. A person permitted by the Department to harvest bait shall:

  (1) Record their catch on the bait harvester report;

  (2) Submit the bait harvester report as required by the Department; and

  (3) Make available daily information and harvest report cards for immediate inspection on request of a Department representative.

G. Penalties.

  (1) In addition to any other penalty established in COMAR 08.02.13, failure to comply with this regulation may result in the denial of a subsequent permit.

  (2) Prior to suspending a permit under this regulation or denying an application for a permit, 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.

#### Regulation .03 Prohibited Species.

*COMAR 08.02.20.03*

A. The species listed in this regulation may not be used as bait in State waters.

B. Prohibited species:

  (1) Largemouth bass;

  (2) Muskellunge;

  (3) Northern pike;

  (4) Pickerel;

  (5) Smallmouth bass;

  (6) Striped bass;

  (7) Striped bass hybrids;

  (8) Tiger muskellunge;

  (9) Brook trout;

  (10) Brown trout; and

  (11) Walleye.

### Chapter 21 — Yellow Perch

**Authority:** Natural Resources Article, §§1-104, 4-206, 4-215, 4-215.2, 4-602, and 4-701; State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date: January 26, 2009 (36:2 Md. R. 99)

**Administrative History:** Regulation .02B, C amended effective June 8, 2026 (53:11 Md. R. 484)

**Administrative History:** Regulation .03 amended effective December 22, 2014 (41:25 Md. R. 1478)

**Administrative History:** Regulation .03A amended effective July 8, 2024 (51:13 Md. R. 647)

**Administrative History:** Regulation .03B amended effective October 19, 2009 (36:21 Md. R. 1590); February 27, 2017 (44:4 Md. R. 252)

**Administrative History:** Regulation .03C, D amended effective January 24, 2011 (38:2 Md. R. 83)

**Administrative History:** Regulation .03I amended effective December 17, 2018 (45:25 Md. R. 1205)

**Administrative History:** Regulation .03J amended effective February 22, 2010 (37:4 Md. R. 338)

**Administrative History:** Regulation .03K amended effective November 4, 2019 (46:22 Md. R. 976)

**Administrative History:** Regulation .03K repealed effective March 23, 2020 (47:6 Md. R. 340)

**Administrative History:** Regulation .04B amended effective January 24, 2011 (38:2 Md. R. 83); December 24, 2012 (39:25 Md. R. 1611)

**Administrative History:** Regulation .04C amended effective April 5, 2010 (37:7 Md. R. 569)

#### Regulation .01 Definitions.

*COMAR 08.02.21.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Harvest” means to take, kill, trap, gather, catch, or in any manner reduce any fish to personal possession or to attempt to engage in this conduct.

  (2) “Landing” means:

    (a) Unloading any fish at a dock, pier, or shore by a commercial fisherman; or

    (b) Bringing any fish to a dock, pier, or shore by a recreational fisherman for personal use.

  (3) “Tag” means the device or form approved by the Department and affixed to a fish.

  (4) “Target harvest” means pounds or numbers of yellow perch allowed by the Department to be harvested in a season.

  (5) “Total length” means the distance from the tip of the snout to the end of the longest lobe of the extended tail of a fish.

  (6) “Yellow perch” means the species of fish Perca flavescens.

  (7) “Yellow perch harvest permit” means a permit issued by the Department which allows a person to commercially harvest yellow perch.

#### Regulation .02 Recreational.

*COMAR 08.02.21.02*

A. Season. The recreational season is open year round.

B. Size. Except as provided in COMAR 08.02.11, the minimum size for yellow perch harvested from waters of the State is 9 inches total length.

C. Creel and Possession Limits. Except as provided in COMAR 08.02.11, the daily catch and possession limit for yellow perch is five fish per person per day.

D. Reporting. A recreational angler shall cooperate with Department-approved surveys and catch inspections necessary for harvest and by-catch determination, and biological characterization.

#### Regulation .03 Commercial.

*COMAR 08.02.21.03*

A. Season.

  (1) The commercial season for harvesting yellow perch is December 1 through March 31, inclusive.

  (2) Yellow perch legally harvested in another state may be sold or offered for sale in Maryland if accompanied by proof of origin which details the total weight of yellow perch for each container.

B. Size.

  (1) The minimum size for yellow perch is 8-1/2 inches total length.

  (2) The maximum size for yellow perch is 11 inches total length.

C. Daily Catch Limits.

  (1) Hook and Line. The daily catch limit for yellow perch harvested by means of hook and line from the tidal waters of the State is ten fish per person per day.

  (2) Gear Other than Hook and Line.

    (a) A commercial tidal fish licensee permitted in accordance with §E of this regulation to harvest yellow perch commercially may harvest up to 150 pounds of yellow perch per day from the Patuxent River fishing area defined in §D(3) of this regulation.

    (b) There is no daily catch limit for the fishing area defined in §D(1) or (2) of this regulation.

    (c) The Department shall set an annual commercial target harvest for each fishing area defined in §D of this regulation.

D. Fishing Areas. A person may fish for yellow perch for commercial purposes only in the following areas:

  (1) Chesapeake Bay and its tidal tributaries, excluding the Magothy River and the Chester River, upstream of the William Preston Lane Jr. Memorial Bridge northern span;

  (2) Chester River upstream of a line beginning at a point at or near Love Point, defined by Lat. 39°02.40'N and Long. 76°18.16'W; then running approximately 83° True to a point at or near the northwest point of Eastern Neck Island, defined by Lat. 39°02.77'N and Long. 76°14.05'W; and

  (3) Patuxent River upstream of a line drawn from a point at or near Hog Point, defined by Lat. 38°18.59'N and Long. 76°23.99'W; then running approximately 299° True to a point at or near Drum Point, defined by Lat. 38°19.14'N and Long. 76°25.27'W; and downstream of a line beginning at a point at or near Jackson Landing defined by Lat. 38°46.46'N and Long. 76°42.70'W; then running approximately 45° True to a point defined by Lat. 38°46.48'N and Long. 76°42.68'W.

E. Yellow Perch Harvest Permit.

  (1) A person catching yellow perch for commercial purposes shall:

    (a) Be licensed to fish for commercial purposes in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

    (b) Obtain a valid yellow perch harvest permit issued by the Department; and

    (c) Have the Department issued yellow perch harvest permit in possession while harvesting or transporting yellow perch.

  (2) Yellow perch harvest permits issued by the Department shall be valid during the current commercial season for harvesting yellow perch.

F. Declaration.

  (1) During the period August 1 through October 31, unless otherwise directed by public notice, a commercial tidal fish licensee shall declare their intent to fish for yellow perch by paying the fee as established in Natural Resources Article, §4-701(f)(1)(ii), Annotated Code of Maryland.

  (2) A commercial tidal fish licensee who has not declared by October 31 of the current year or the close of business the next business day when October 31 occurs on a weekend or holiday, may not catch yellow perch for sale or participate during the subsequent commercial yellow perch season.

  (3) An exception to the October 31 deadline may be considered by the Department 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 established in §F(1) of this regulation.

G. Tags.

  (1) The Department shall provide tags to each commercial tidal fish licensee who is authorized to participate in the commercial yellow perch fishery.

  (2) The Department may not provide replacement tags for tags that are lost.

  (3) Except as provided in §I of this regulation, before landing a yellow perch, an individual shall affix a tag to the yellow perch as directed by the Department.

  (4) A commercial tidal fish licensee shall return any unused tags to the Department within 14 days of the end of the permitted season.

H. Transfers.

  (1) Yellow perch harvest permits and tags may not be transferred.

  (2) If an individual transfers a tidal fish license during the yellow perch season, the yellow perch harvest permit and tags assigned to that individual shall be returned to the Department within 14 days of the license transfer.

I. Yellow Perch Live Market.

  (1) A commercial tidal fish licensee who sells or offers for sale yellow perch in the live market which were harvested from the tidal waters of the State shall:

    (a) Contact the Department at the number stated on the yellow perch harvest permit at least 24 hours prior to loading yellow perch into a container in which it will be transported; and

    (b) Keep a bill of lading or other proof of sale and provide a copy of that documentation to the Department within 14 days of the end of the permitted season.

  (2) The bill of lading or other proof of sale shall contain the total weight of yellow perch sold and the date of the sale.

J. Reporting. A commercial tidal fish licensee permitted by the Department to harvest yellow perch shall:

  (1) Complete all information on the yellow perch harvest permit card and on the daily commercial fisheries catch log;

  (2) Report daily catch, regardless of amount, to the Department by 11:59 p.m. every day through the Department-described process;

  (3) Return the daily commercial fisheries catch log to the Department within the time specified by the Department in accordance with COMAR 08.02.13.06;

  (4) Return the completed yellow perch harvest permit card to the Department within 14 days of the end of the permitted season;

  (5) Make available yellow perch harvest permit cards, tags, and catch logs for immediate inspection on request of a Department representative; and

  (6) Cooperate with Department-approved surveys and catch inspections necessary for harvest and by-catch determination, and biological characterization.

#### Regulation .04 General Requirements.

*COMAR 08.02.21.04*

A. Eggs. A person may not catch, attempt to catch, or possess yellow perch eggs from any State waters, except for a person who:

  (1) Is working in cooperation with a scientific investigation of the Department;

  (2) Is authorized by a scientific collection permit in accordance with Natural Resources Article, §4-212, Annotated Code of Maryland; or

  (3) Catches yellow perch eggs and returns the eggs to the location where they were caught without landing.

B. Public Notice.

  (1) The Secretary may:

    (a) Modify catch limits, target harvests, registration process, or reporting requirements by publishing notice on the Fisheries Service website at least 48 hours in advance, stating the effective hour and date; or

    (b) Open, close, or modify a commercial season in order to manage the quota by publishing notice on the Fisheries Service website at least 24 hours in advance, 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.

C. Penalties.

  (1) Failure to comply with the reporting or tagging requirements of this chapter may result in immediate suspension of a yellow perch harvest permit, as follows:

    (a) For a first offense, the period of suspension shall be 1 day;

    (b) For a second offense, the period of suspension shall be 5 days; and

    (c) For the third offense, the period of suspension shall be the remainder of the current season.

  (2) In addition to the suspension under §C(1) of this regulation, a licensee with a third offense shall be ineligible to apply for a yellow perch harvest permit for the following season.

  (3) Prior to suspending a permit under this chapter, 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.

  (4) In addition to any other penalty, failure to submit a report as required by this chapter may result in license revocation under Natural Resources Article, §4-701, Annotated Code of Maryland.

### Chapter 22 — Sharks

**Authority:** Natural Resources Article, §§4-206 and 4-2A-03, Annotated Code of Maryland

**Administrative History:** Effective date: March 23, 2009 (36:6 Md. R. 489)

**Administrative History:** Regulation .01B amended effective February 5, 2024 (51:2 Md. R. 76)

**Administrative History:** Regulation .02 amended effective March 3, 2014 (41:4 Md. R. 299); July 15, 2019 (46:14 Md. R. 621); December 22, 2025 (52:25 Md. R. 1268)

**Administrative History:** Regulation .02F, G amended effective May 27, 2013 (40:10 Md. R. 916)

**Administrative History:** Regulation .03 amended effective March 3, 2014 (41:4 Md. R. 299)

**Administrative History:** Regulation .03C amended effective December 22, 2025 (52:25 Md. R. 1268)

**Administrative History:** Regulation .03C, E amended effective February 16, 2015 (42:3 Md. R. 315)

**Administrative History:** Regulation .03D amended effective February 5, 2024 (51:2 Md. R. 76)

**Administrative History:** Regulation .03E amended effective September 11, 2017 (44:18 Md. R. 864)

**Administrative History:** Regulation .04A amended effective March 3, 2014 (41:4 Md. R. 299)

**Administrative History:** Regulation .04B amended effective May 27, 2013 (40:10 Md. R. 916)

**Administrative History:** Regulation .04C amended effective July 15, 2019 (46:14 Md. R. 621)

#### Regulation .01 Definitions.

*COMAR 08.02.22.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Circle hook” means a nonoffset hook with the point turned perpendicularly back to the shank.

  (2) “Eviscerate” means to remove the digestive organs of a shark, excluding the head.

  (3) “Finning” means removing only the fins of a shark.

  (4) “Fork length” means that length measured in a straight line from the tip of the nose of the shark to the center of the fork of the tail of the shark.

  (5) “Handline” means a mainline to which not more than two gangions or hooks are attached.

  (6) “Landing” means:

    (a) The unloading of any fish at a dock or shore by a commercial fisherman; or

    (b) The bringing of any fish to a dock, pier, or shore by a recreational fisherman for personal use.

  (7) “Large mesh gillnet” means a gillnet having a stretch mesh size equal to or greater than 5 inches.

  (8) “Recreational angler” means any fisherman who catches sharks for personal use.

  (9) “Shore-angler” means any person engaged in any type of fishing that does not take place on board a vessel.

  (10) “Shortline” means a fishing line meeting the requirements of COMAR 08.02.25.06.

  (11) “Small mesh gillnet” means a gillnet having a stretch mesh size smaller than 5 inches.

  (12) “Vessel” means every type of watercraft used or capable of being used as a means of transportation on water except for nondisplacement craft and seaplanes.

  (13) “Vessel-fishing” means any fishing conducted from a vessel.

#### Regulation .02 Recreational Shark Fishery.

*COMAR 08.02.22.02*

A. Authorized Shark Species. A recreational angler may harvest only the following species:

  (1) Smoothhound (Mustelus canis);

  (2) Atlantic sharpnose (Rhizoprionodon terraenovae);

  (3) Bonnethead (Sphyrna tiburo);

  (4) Finetooth (Carcharhinus isodon);

  (5) Blacknose (Carcharhinus acronotus);

  (6) Tiger (Galeocerdo cuvier);

  (7) Blacktip (Carcharhinus limbatus);

  (8) Spinner (Carcharhinus brevipinna);

  (9) Bull (Carcharhinus leucas);

  (10) Lemon (Negaprion brevirostris);

  (11) Nurse (Ginglymostoma cirratum);

  (12) Porbeagle (Lamna nasus);

  (13) Common thresher (Alopias vulpinus);

  (14) Blue (Prionace glauca);

  (15) Scalloped hammerhead (Sphyrna lewini);

  (16) Great hammerhead (Sphyrna mokarran); and

  (17) Smooth hammerhead (Sphyrna zygaena).

B. Season Closure. A recreational angler may not harvest, possess, or transport the species listed in §A(6)—(11) and (15)—(17) of this regulation from May 15 through July 15, inclusive, regardless of where the shark was caught.

C. Size Limits.

  (1) There is no minimum fork length for the species listed in §A(1)—(3) of this regulation.

  (2) The minimum fork length is 4.5 feet (54 inches) for the species listed in §A(4)—(14) of this regulation.

  (3) The minimum fork length is 78 inches for the species listed in §A(15)—(17) of this regulation.

D. Catch Limits.

  (1) There is no catch limit for smoothhound (Mustelus canis) sharks.

  (2) Shore-Angler Catch Limits. Each calendar day, a recreational shore-angler may harvest:

    (a) Only one shark, regardless of the species, from the species listed in §A(2)—(17) of this regulation;

    (b) One additional Atlantic sharpnose (Rhizoprionodon terraenovae); and

    (c) One additional Bonnethead (Sphyrna tiburo).

  (3) Vessel-Fishing Catch Limits.

    (a) A recreational fishing vessel may not harvest more than one shark, per trip, from the list in §A(2)—(19) of this regulation, regardless of the:

      (i) Species of shark; and

      (ii) Number of people on board the vessel.

    (b) In addition to the vessel limit described in §D(3)(a) of this regulation, each recreational angler fishing from a vessel may harvest, per trip:

      (i) One Atlantic sharpnose (Rhizoprionodon terraenovae); and

      (ii) One Bonnethead (Sphyrna tiburo).

E. Gear.

  (1) A recreational angler may catch sharks using only active line fishing gear.

  (2) Except when fishing with artificial flies or artificial lures, a recreational angler fishing for sharks shall use a circle hook.

  (3) A circle hook used to catch a shark shall be corrodible.

  (4) A recreational angler fishing for sharks shall have in possession at least one device capable of quickly cutting either the leader or the hook.

F. General.

  (1) A recreational angler may not sell, barter, or trade sharks or shark pieces.

  (2) When aboard a vessel, a recreational angler is bound by the more restrictive vessel-fishing possession limits described in §D(3) of this regulation, regardless of the location where the shark was caught.

  (3) A shark that is transported by a vessel is considered “boat assisted” and is regulated under the more restrictive vessel-fishing possession limits described in §D(3) of this regulation, regardless of where it was caught.

  (4) All sharks harvested by a recreational angler shall have heads, tails, and fins attached naturally to the carcass through landing.

  (5) Sharks harvested in accordance with this regulation may be eviscerated as long as the tail is not removed.

  (6) An individual shall immediately release a species of shark:

    (a) That is not listed in §A of this regulation;

    (b) Whose season is closed as described in §B of this regulation; or

    (c) That does not meet the minimum size specified in §C of this regulation.

  (7) Except for a smoothhound, an individual may not remove from the water a shark that will be released.

  (8) For any shark that will be released, an individual may not:

    (a) Sit on the shark;

    (b) Hold the shark’s mouth open;

    (c) Put the shark on dry sand;

    (d) Put the shark on a boat deck; or

    (e) Use a gaff.

#### Regulation .03 Commercial Fishery.

*COMAR 08.02.22.03*

A. Shark Groups.

  (1) Prohibited Species. The species of shark in the prohibited group are:

    (a) Sand tiger (Carcharias taurus);

    (b) Bigeye sandtiger (Odontaspis noronhai);

    (c) Whale (Rhincodon typus);

    (d) Basking (Cetorhinus maximus);

    (e) White (Carcharodon carcharias);

    (f) Dusky (Carcharhinus obscurus);

    (g) Bignose (Carcharhinus altimus);

    (h) Galapagos (Carcharhinus galapagensis);

    (i) Night (Carcharhinus signatus);

    (j) Reef (Carcharhinus perezii);

    (k) Narrowtooth (Carcharhinus brachyurus);

    (l) Caribbean sharpnose (Rhizoprionodon porosus);

    (m) Smalltail (Carcharhinus porosus);

    (n) Atlantic angel (Squatina dumeril);

    (o) Longfin mako (Isurus paucus);

    (p) Bigeye thresher (Alopias superciliosus);

    (q) Sharpnose sevengill (Heptranchias perlo);

    (r) Bluntnose sixgill (Hexanchus griseus); and

    (s) Bigeye sixgill (Hexanchus nakamurai).

  (2) Research. The species of shark in the research group is Sandbar (Carcharhinus plumbeus).

  (3) Smoothhound. The species of shark in the smoothhound group is Smoothhound (Mustelus canis).

  (4) Non-Blacknose Small Coastal. The species of shark in the small coastal group are:

    (a) Atlantic sharpnose (Rhizoprionodon terraenovae);

    (b) Finetooth (Carcharhinus isodon); and

    (c) Bonnethead (Sphyrna tiburo).

  (5) Blacknose. The species of shark in the blacknose group is Blacknose (Carcharhinus acronotus).

  (6) Aggregated Large Coastal. The species of shark in the aggregated large coastal group are:

    (a) Silky (Carcharhinus falciformis);

    (b) Tiger (Galeocerdo cuvier);

    (c) Blacktip (Carcharhinus limbatus);

    (d) Spinner (Carcharhinus brevipinna);

    (e) Bull (Carcharhinus leucas);

    (f) Lemon (Negaprion brevirostris); and

    (g) Nurse (Ginglymostoma cirratum).

  (7) Hammerhead. The species of shark in the hammerhead group are:

    (a) Scalloped hammerhead (Sphyrna lewini);

    (b) Great hammerhead (Sphyrna mokarran); and

    (c) Smooth hammerhead (Sphyrna zygaena).

  (8) Pelagic. The species of shark in the pelagic group are:

    (a) Shortfin mako (Isurus oxyrinchus);

    (b) Porbeagle (Lamna nasus);

    (c) Common thresher (Alopias vulpinus);

    (d) Oceanic whitetip (Carcharhinus longimanus); and

    (e) Blue (Prionace glauca).

B. Season.

  (1) Closure. During the period of May 15July 15, inclusive, an individual may not:

    (a) Harvest the species listed in §A(6) and (7) of this regulation from State waters; or

    (b) Transport the species listed in §A(6) and (7) of this regulation in State waters, unless the shark was harvested from federal waters provided:

      (i) The vessel does not engage in fishing within the closed area while possessing the species listed in §A(6) and (7) of this regulation;

      (ii) The sharks possessed were not caught in the closed area; and

      (iii) All fishing gear is stowed as described in §D(4) of this regulation and not available for immediate use.

  (2) A person may not harvest, possess, or land sharks for commercial purposes in State waters when the National Oceanic and Atmospheric Administration closes the fishery in federal waters for any species listed in §A of this regulation.

C. Catch Limits.

  (1) An individual who has been issued a federal shark permit issued under 50 CFR §635 may not harvest, possess, or land more sharks than authorized by the individual's federal shark permit.

  (2) The commercial catch limit for oceanic whitetip is zero.

  (3) The commercial catch limit for shortfin mako is zero.

D. Gear.

  (1) The following gear types are the only gear authorized for use by a commercial tidal fish licensee to catch sharks in State waters:

    (a) Rod and reel;

    (b) Handline, which shall be:

      (i) Retrieved by hand, not by mechanical means; and

      (ii) Attached to, or in contact with, a vessel;

    (c) Small mesh gillnet;

    (d) Large mesh gillnet, which shall be:

      (i) Shorter than 2.5 kilometers; and

      (ii) Checked once every 2 hours;

    (e) Trawl net;

    (f) Shortline;

    (g) Pound net; and

    (h) Weir.

  (2) Methods of Stowing Gear.

    (a) On Reel.

      (i) The net shall be on a reel, its entire surface covered with canvas or other similar opaque material, and the canvas or other material securely bound.

      (ii) The towing wires shall be detached from the doors.

      (iii) A containment rope, codend tripping device, or other mechanism to close off the codend may not be attached to the codend.

    (b) Hook Gear.

      (i) All anchors and buoys shall be secured.

      (ii) All hook gear, including jigging machines, shall be covered.

    (c) Sink Gillnet Gear.

      (i) All nets shall be covered with canvas or other similar material and lashed or otherwise securely fastened to the deck or rail.

      (ii) All buoys larger than 6 inches (15.24 centimeters) in diameter, high flyers, and anchors shall be disconnected.

E. General.

  (1) Prior to harvesting or landing a shark for commercial purposes, an individual shall be authorized in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

  (2) A vessel which is used to catch, possess, or land any shark species listed in §A of this regulation 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 §635.

  (3) A federal commercial shark dealer permit is required to buy and sell any shark harvested from State waters.

  (4) Except as provided in §E(5) of this regulation, all sharks harvested in accordance with this chapter shall have the tails and fins attached naturally to the carcass through landing.

  (5) Smoothhound sharks harvested in accordance with this chapter may have the dorsal, pectoral, and caudal fins removed if smoothhound sharks make up at least 25 percent, by weight, of the total catch on board at the time of landing.

  (6) If fins are removed from a smoothhound shark, the total wet weight of the:

    (a) Caudal fins may not exceed 4 percent of the total dressed weight of smoothhound shark carcasses landed or found on board a vessel; and

    (b) Dorsal and pectoral fins may not exceed 8 percent of the total dressed weight of smoothhound shark carcasses landed or found on board a vessel.

  (7) Sharks harvested in accordance with this chapter may be eviscerated and have the heads removed.

#### Regulation .04 General.

*COMAR 08.02.22.04*

A. Filleting and Finning.

  (1) Sharks may not be filleted or cut into pieces at sea.

  (2) Finning is prohibited.

B. Public Notice.

  (1) The Secretary may modify size limits, catch limits, gear provisions, shark species lists, and seasons for sharks in order to comply with species management through the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Coastal Sharks by issuing a public notice on the Fisheries Service website.

  (2) The public notice shall state its effective hour and date and shall be published on the Fisheries Service website at least 48 hours in advance of the effective hour and date.

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

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

C. Spiny Dogfish. The provisions of this chapter do not apply to spiny dogfish (Squalus acanthias). Spiny dogfish (Squalus acanthias) may be harvested in accordance with COMAR 08.02.05.24.

### Chapter 23 — Shellfish Aquaculture and Leasing

**Authority:** Natural Resources Article, §§4-215, 4-1103, 4-11A-02, 4-11A-04, 4-11A-05, 4-11A-07, 4-11A-08, 4-11A-09, 4-11A-10, 4-11A-11, 4-11A-12, 4-11A-18, and 4-11A-19, 4-11A-23, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01 and .05 adopted effective October 19, 2009 (36:21 Md. R. 1590)

**Administrative History:** Chapter revised effective September 6, 2010 (37:18 Md. R. 1214)

**Administrative History:** Regulation .02B amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942); emergency expired effective December 29, 2011

**Administrative History:** Regulation .02B amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .02B amended as an emergency provision effective September 13, 2012 (39:20 Md. R. 1303); emergency provision extended to July 9, 2013 (40:3 Md. R. 215); emergency provision expired

**Administrative History:** Regulation .02B amended effective July 8, 2013 (40:13 Md. R. 1073)

**Administrative History:** Regulation .03 amended effective April 27, 2015 (42:8 Md. R. 607); November 7, 2016 (43:22 Md. R. 1218); February 11, 2019 (46:3 Md. R. 106)

**Administrative History:** Regulation .03B, E amended as an emergency provision effective September 13, 2012 (39:20 Md. R. 1303); emergency provision extended to July 9, 2013 (40:3 Md. R. 215); emergency provision expired

**Administrative History:** Regulation .03B, E amended effective July 8, 2013 (40:13 Md. R. 1073)

**Administrative History:** Regulation .03B, F amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942); emergency expired effective December 29, 2011

**Administrative History:** Regulation .03B, F amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .04 amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942); emergency expired effective December 29, 2011

**Administrative History:** Regulation .04 amended effective January 9, 2012 (38:27 Md. R. 1763); November 7, 2016 (43:22 Md. R. 1218); April 1, 2024 (51:6 Md. R. 270)

**Administrative History:** Regulation .04A amended effective April 27, 2015 (42:8 Md. R. 607)

**Administrative History:** Regulation .04E amended effective March 17, 2025 (52:5 Md. R. 236)

**Administrative History:** Regulation .04F amended as an emergency provision effective September 13, 2012 (39:20 Md. R. 1303); emergency provision extended to July 9, 2013 (40:3 Md. R. 215); emergency provision expired

**Administrative History:** Regulation .04F amended effective July 8, 2013 (40:13 Md. R. 1073); December 23, 2013 (40:25 Md. R. 2067)

**Administrative History:** Regulation .04G adopted as an emergency provision effective September 13, 2012 (39:20 Md. R. 1303); emergency provision extended to July 9, 2013 (40:3 Md. R. 215); emergency provision expired

**Administrative History:** Regulation .04G adopted effective July 8, 2013 (40:13 Md. R. 1073)

**Administrative History:** Regulation .04H, I adopted effective December 23, 2013 (40:25 Md. R. 2067)

**Administrative History:** Regulation .04J adopted effective April 27, 2015 (42:8 Md. R. 607)

**Administrative History:** Regulation .05 repealed effective February 11, 2019 (46:3 Md. R. 106)

**Administrative History:** Regulation .05 adopted effective December 11, 2023 (50:24 Md. R. 1040)

**Administrative History:** Regulation .07 amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942); emergency expired effective December 29, 2011

**Administrative History:** Regulation .07 amended effective January 9, 2012 (38:27 Md. R. 1763)

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective April 27, 2015 (42:8 Md. R. 607)

**Administrative History:** Regulation .08 adopted as an emergency provision effective September 23, 2013 (40:21 Md. R. 1771); adopted permanently effective November 25, 2013 (40:23 Md. R. 1932)

#### Regulation .01 Purpose.

*COMAR 08.02.23.01*

This chapter applies to shellfish aquaculture in waters of the State as described in Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 08.02.23.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Aquaculture activities” means those activities which include the purchase, monitoring, bottom preparation, planting, sale, possession, harvest, production, breeding, transportation, and processing of shellfish in State waters on or in an area used for shellfish cultivation.

  (2) “Aquaculture Enterprise Zone” means an area of the Chesapeake Bay approved for the leasing of submerged land or the water column by the Department in consultation with the Department of the Environment and the Wetlands Administrator of the State Board of Public Works.

  (3) “Aquaculture lease” means a lease of any submerged land or the water column located in an Aquaculture Enterprise Zone for cultivating oysters or other shellfish for commercial purposes.

  (4) “Atlantic Coastal Bays” means the waters of the Assawoman, Isle of Wight, Sinepuxent, Newport, and Chincoteague Bays and their tributaries.

  (5) “Demonstration lease” means a lease of submerged land for the purpose of demonstrating the ecological benefits of growing shellfish or for research or education.

  (6) “Maryland waters” means tidal and nontidal waters located within the boundaries of the State, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, and public drainage systems within the State.

  (7) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

  (8) “Pole” means a buoy, float, or stake used to mark a leased oyster bottom.

  (9) “SAV Protection Zone” means an area of submerged aquatic vegetation with a density greater than 10 percent as mapped in aerial surveys by the Virginia Institute of Marine Sciences in 1 or more of the 3 years preceding the designation of an Aquaculture Enterprise Zone, or an application for an aquaculture, submerged land, or demonstration lease.

  (10) “Seed oyster” means an oyster that is no more than 1 inch in size from hinge to bill.

  (11) “Submerged land lease” means any land lying beneath the waters of the State leased by the State to any person for cultivating oysters and other shellfish for commercial purposes.

  (12) “Water column lease” means a lease of the column of water on or under the surface of the water and above the surface of the submerged land.

  (13) “Yates Bar” means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the oyster survey of 1906 to 1912, not including any amendments.

#### Regulation .03 Commercial Lease Procedures.

*COMAR 08.02.23.03*

A. Aquaculture Activities on Submerged Land.

  (1) A person may not engage in aquaculture activities on submerged land in waters of the State, including the areas listed in Regulation .06 of this chapter, unless the land is leased or permitted for shellfish aquaculture purposes.

  (2) To obtain a submerged land lease a person shall:

    (a) Apply for:

      (i) A submerged land lease by submitting an application on a form provided by the Department; and

      (ii) A shellfish aquaculture harvester permit as described in Regulation .04 of this chapter; and

    (b) Submit a non-refundable fee of $300.

B. Aquaculture Activities in the Water Column.

  (1) A person may not engage in aquaculture activities in the water column unless the water column is leased or permitted for shellfish aquaculture purposes.

  (2) To obtain a water column lease, a person shall:

    (a) Apply for:

      (i) A water column lease by submitting an application on a form provided by the Department; and

      (ii) A shellfish aquaculture harvester permit as described in Regulation .04 of this chapter; and

    (b) Submit a non-refundable fee of $300.

C. Reporting. A leaseholder shall submit to the Department an annual report as required by the Department not later than December 31.

D. Rent.

  (1) Submerged Land Lease. Except as provided in §D(2) of this regulation, the rental rate for a submerged land lease is $3.50 per acre per year and is due in full to the Department by December 31 of the preceding year.

  (2) The rental rate for the first year of a lease may be prorated and is due in full to the Department within 30 days of lease approval.

E. Locations. In addition to restrictions provided in Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland, a lease may not be located:

  (1) In waters classified as restricted by the Maryland Department of the Environment unless the person:

    (a) Provides proof to the Department of a viable relay location; or

    (b) Has a demonstration lease;

  (2) In the Assateague Island National Seashore as described in 16 U.S.C. §459f; or

  (3) Within 150 feet of a Yates Bar located in an oyster sanctuary as established in COMAR 08.02.04.15A.

F. Prohibited Activities.

  (1) A leaseholder may not make any alteration which includes adding any type of fill or sediment other than shell to the existing condition of the lease without first obtaining the Department's written consent.

  (2) Shell present in the leased area at the time the lease is issued may not be removed from the leased area without the written permission of the Department.

G. Marking a Lease. A leaseholder shall:

  (1) Place a minimum of four poles at the corners of the lease perimeter;

  (2) Mark each pole with an 8-inch by 12-inch marker displaying only the initials or name of the leaseholder and the lease number; and

  (3) Maintain and meet any standards for corner marker structures as required by the Department in documents available on its website.

H. Gear.

  (1) All equipment, gear, or manmade material placed on the lease shall be permanently and individually marked with the lease number and name of the leaseholder.

  (2) The leaseholder shall be responsible and liable for equipment, gear, or aquaculture-related material:

    (a) That has been found adrift or unattended outside the boundaries of the lease area; or

    (b) Remaining on the lease after the surrender, default, abandonment, or termination of the lease.

I. Transfer of Lease.

  (1) A leaseholder may apply to transfer a lease by completing forms provided by the Department.

  (2) Prior to receiving approval of a transfer, the person receiving a transferred lease shall complete a lease application and a shellfish aquaculture harvester permit application and submit the required forms with the transfer form described in §I(1) of this regulation.

J. Surrender of a Lease. A lease may be surrendered by providing written notice to the Department.

#### Regulation .04 Shellfish Aquaculture Harvester Permit.

*COMAR 08.02.23.04*

A. Except for a demonstration lease holder, a lease holder or a lease transfer applicant shall submit an application, provided by the Department, and obtain a shellfish aquaculture harvester permit prior to engaging in aquaculture activities.

B. A shellfish aquaculture harvester permit:

  (1) Shall be valid for a 1-year term beginning on January 1 and expiring on December 31 each year;

  (2) Shall be automatically renewed for a new term upon receipt of all reports required under Regulation .03D of this chapter;

  (3) Is not transferable; and

  (4) Is an operator card for the purposes of Natural Resources Article, §4-11A-16.1, Annotated Code of Maryland.

C. Reporting. A person who is permitted by the Department under this regulation shall submit a monthly aquaculture harvest activity report on forms provided by the Department by the 10th day following the end of each month.

D. Permit Registrants.

  (1) Except for an individual under the supervision of a shellfish aquaculture harvester permittee who is present on the leased area, an individual engaged in aquaculture activities within the area described in the permit applicant's lease shall be:

    (a) Named as a permittee or permit registrant under the shellfish aquaculture harvester permit; and

    (b) In possession of a shellfish aquaculture harvester registration card issued to the individual by the Fisheries Service.

  (2) A shellfish aquaculture harvester permittee shall immediately notify the Department of any changes of named permit registrants on a form provided by the Department.

  (3) A shellfish aquaculture harvester registration card shall be issued to each shellfish aquaculture harvester permittee and permit registrant.

  (4) A shellfish aquaculture harvester permittee shall be responsible for all work and acts performed on the leased area under the permittee’s supervision.

E. Any individual engaged in aquaculture activities on a leased area or transporting shellfish from a lease to a dealer:

  (1) Shall harvest, transport, and store shellfish in accordance with the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference in COMAR 10.15.07.01A;

  (2) Except as provided in §E(3) of this regulation, may not harvest oysters from a:

    (a) Water column lease that are less than 2 inches from hinge to bill; or

    (b) Submerged land lease that are less than:

      (i) 2 inches from hinge to bill from April 1 through September 30; or

      (ii) 3 inches from hinge to bill from October 1 through the following March 31;

  (3) Shall have written permission from the Department if in possession of undersized shellfish outside of the leased area;

  (4) May possess seed oysters;

  (5) May only sell oysters in accordance with COMAR 08.02.08.02;

  (6) Shall implement vibrio parahaemolyticus control measures in accordance with COMAR 10.15.07.06;

  (7) Shall store oysters in accordance with §G of this regulation;

  (8) Shall tag oysters in accordance with §H of this regulation; and

  (9) May harvest oysters only during the following time periods:

    (a) October through May — sunrise to sunset;

    (b) June and September — sunrise to the delivery time specified in COMAR 10.15.07.06; and

    (c) July and August — 30 minutes before sunrise to the delivery time specified in COMAR 10.15.07.06.

F. Tolerance Limit.

  (1) A shellfish aquaculture harvester permittee or permit registrant may not possess oysters harvested from a lease that include a combined total of more than 5 percent of shells and oysters which measure less than the minimum allowable size specified in §E(2) of this regulation.

  (2) In ascertaining this percentage the Department shall select by random sample an amount of oysters from any pile, hold, bin, house, or place as deemed proper, cull the sample, and require any undersized oysters to be returned to the lease area.

  (3) All small oysters and cultch that adhere to marketable oysters shall be separated, and the marketable oysters shall be excluded from any measurement of small oysters and cultch.

  (4) A person may possess marketable oysters that have undersized oysters or spat less than 1 inch in length from hinge to bill attached to them that cannot be separated without destroying the small oyster.

G. Containers.

  (1) Oysters harvested from a lease shall be placed in a container of any size prior to leaving the lease from which they were harvested.

  (2) Oysters shall remain in the original container until a tag is no longer required on the container in accordance with §J(1)(d) of this regulation.

H. Tagging of Individual Containers.

  (1) Except as provided in §H(2) and I of this regulation, an individual storing oysters in accordance with §H of this regulation shall complete and affix a Department-issued tag to each container of oysters prior to leaving the lease from which the oysters were harvested.

  (2) An individual storing oysters in accordance with §G of this regulation may use a tag not supplied by the Department if:

    (a) The individual:

      (i) 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) Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; and

    (b) Each tag contains:

      (i) The statement  “Farm-Raised Shellfish”; and

      (ii) The lease number.

  (3) Department-issued tags shall only be used by the individual to whom the tags were originally issued.

I. Bulk Tagging.

  (1) Definitions.

    (a) In this regulation the following terms have the following meanings.

    (b) “Bulk tag” means a tag that provides the necessary information as required by the National Shellfish Sanitation Program Model Ordinance for a single lot of oysters.

    (c) “Single lot” means oysters coming from a single lease, harvested during a single trip on a single day.

  (2) Except as provided in §I(3) of this regulation, an individual storing oysters in accordance with §G of this regulation may complete and affix a Department-issued bulk tag to a single container of oysters prior to leaving the lease from which the oysters were harvested.

  (3) An individual storing oysters in accordance with §G of this regulation may use a bulk tag not supplied by the Department if:

    (a) The individual:

      (i) 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) Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; and

    (b) Each tag contains:

      (i) The statement “Farm-Raised Shellfish”;

      (ii) The lease number; and

      (iii) The following statement in bold capitalized letters: “ALL SHELLFISH CONTAINERS IN THIS LOT HAVE THE SAME HARVEST DATE AND ARE FROM THE SAME LEASE”; and

      (iv) The number of individual containers in the lot.

  (4) If a bulk tag is used, the vessel may only harvest from one lease on that trip.

J. Tagging Provisions for Both Tagging of Individual Containers and Bulk Tags.

  (1) Tags:

    (a) Shall be durable and waterproof;

    (b) Shall be at least 5-1/2 x 2-3/4 inches in size;

    (c) Shall be completed legibly in indelible ink;

    (d) Shall stay affixed to the container until the container is in the possession of 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

    (e) May not be reused.

  (2) In addition to the tagging requirements of this regulation, 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 shall follow the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01.

  (3) An individual shall only possess one type of tag, wild shellfish or farm-raised shellfish, while harvesting oysters.

  (4) An individual shall possess only one type of tag, individual or bulk, while harvesting oysters.

  (5) An individual may not use a farm-raised shellfish tag to tag wild shellfish.

  (6) An individual may not use a wild shellfish tag to tag farm-raised shellfish.

K. Denial, Suspension, and Revocation.

  (1) Denial. The Department may deny issuance of a shellfish aquaculture harvester permit or registration card if the applicant or listed registrant:

    (a) Submits an incomplete or untruthful application;

    (b) Has commercial fishing privileges that are currently suspended or revoked for shellfish violations;

    (c) Had all commercial fishing privileges revoked; or

    (d) Held a shellfish aquaculture harvester permit or registration card that was revoked in accordance with §I(2) of this regulation within 3 years of the date of the application.

  (2) Suspension or Revocation. A shellfish aquaculture harvester permit or a shellfish aquaculture harvester registration card may be suspended or revoked by the Department if the individual:

    (a) Violates:

      (i) A provision of this chapter;

      (ii) A provision of Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland;

      (iii) COMAR 08.02.04.15C(3);

      (iv) A term or condition of the permit or registration card; or

      (v) A term or condition of a Shellfish Lease Agreement;

    (b) Receives a conviction for taking shellfish:

      (i) From a closed or prohibited area;

      (ii) With illegal gear;

      (iii) More than 2 hours after sunset or any time before sunrise;

      (iv) During the closed season; or

      (v) That are under the minimum size limit;

    (c) Receives more than one conviction related to the illegal harvest of shellfish within a two year period;

    (d) Has commercial fishing privileges that are currently suspended or revoked for shellfish violations; or

    (e) Had all commercial fishing privileges revoked.

  (3) Appeal.

    (a) Except as provided in §I(3)(c) of this regulation, prior to denying issuance of, suspending or revoking a shellfish aquaculture harvester permit or a shellfish aquaculture harvester registration card, the Department shall give the individual 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.

    (b) If an individual submits a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed, the Department shall:

      (i) Hold a hearing after providing at least 10 days’ notice to the individual; and

      (ii) Conduct the hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

    (c) The Department may deny an application for, or suspend or revoke a shellfish aquaculture harvester permit or a shellfish aquaculture harvester registration card issued under this chapter without a hearing if the individual:

      (i) Does not submit a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed;

      (ii) Fails to appear for a scheduled hearing for which the Department provided notice; or

      (iii) Is prohibited from holding a permit or registration card as the result of a prior adjudication, settlement agreement, or consent order.

#### Regulation .05 Aquaculture Pilot Program.

*COMAR 08.02.23.05*

A. The Department may conduct pilot projects to demonstrate and evaluate new approaches to managing shellfish aquaculture  in the State.

B. The Department may select and designate certain persons named on a Shellfish Aquaculture Harvester Permit or Shellfish Aquaculture Harvester Registration Card to participate in a pilot project. A participating permittee or registrant shall:

  (1) Apply for a pilot program permit on forms provided by the Department;

  (2) Have a pilot program permit in order to participate in a pilot program;

  (3) Comply with any conditions of the permit; and

  (4) Be eliminated from the pilot project at the discretion of the Department.

C. The Department shall:

  (1) Develop pilot projects in cooperation with the aquaculture industry; and

  (2) Provide adequate notice of a pilot program through various media so that an interested individual has a reasonable opportunity to be informed.

#### Regulation .06 Pre-Approved Leasing Areas in the Coastal Bays.

*COMAR 08.02.23.06*

A. The following areas are established as pre-approved leasing areas.

B. A “pre-approved leasing area” means an area of the Atlantic coastal bays approved for leasing of submerged land by the Department.

C. Areas Defined.

  (1) South Point Shoal. All of the waters Chincoteague Bay enclosed by a line beginning at a point at or near Lat. 38°10.860' N, Long. 75°13.379' W; then running 310° True to a point at or near Lat. 38°10.980' N, Long. 75°13.560' W; then running 19° True to a point at or near Lat. 38°12.060' N, Long. 75°13.079' W; then running 112° True to a point at or near Lat. 38°11.768' N, Long. 75°12.145' W; then running 227° True to the point of beginning.

  (2) Whale Gizzard Shoal. All of the waters Chincoteague Bay enclosed by a line beginning at a point at or near Lat. 38°5.288' N, Long. 75°15.311' W; then running 271° True to a point at or near Lat. 38°5.303' N, Long. 75°16.148' W;, then running 4° True to a point at or near Lat. 38°5.775' N, Long. 75°16.106' W; then running 76° True to a point at or near Lat. 38°5.932' N, Long. 75°15.288' W; then running 182° True to the point of beginning.

#### Regulation .07 Demonstration Lease Procedures.

*COMAR 08.02.23.07*

A. Eligibility. The Department may only issue a demonstration lease to be used exclusively for educational, conservation, or ecological purposes to:

  (1) A public high school;

  (2) An incorporated college or university within the State;

  (3) A 4-H club; or

  (4) A nonstock, nonprofit corporation organized under the laws of the State.

B. Application.

  (1) Prior to obtaining a demonstration lease, an eligible group or organization shall complete and submit an application on a form provided by the Department.

  (2) The application shall include:

    (a) Documentation that the applicant meets the qualifications set forth in Natural Resources Article, §4-11A-11, Annotated Code of Maryland;

    (b) The name and contact information of an employee of the applicant group or organization who will be responsible for ensuring that the requirements of this regulation are met;

    (c) The purpose of the demonstration lease;

    (d) A declaration that the applicant intends to actively use the leased area for demonstration purposes; and

    (e) A proposed plan for active use of the demonstration lease which shall include:

      (i) The applicant’s source and quantity of shellfish or shellfish seed;

      (ii) The quantity of shellfish or shellfish seed that the applicant expects to plant on the leased area during the initial 3 years of the lease;

      (iii) A description of the activities that will occur on the leased area; and

      (iv) A description of the labor, materials, and equipment to be used by the applicant.

C. Application Review Process.

  (1) If an application for a demonstration lease in the Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this regulation and Natural Resources Article, §4-11A-11, Annotated Code of Maryland:

    (a) The applicant for the lease shall mark the proposed area with a stake; and

    (b) The Department shall:

      (i) Advertise the application on the website of the Department and once a week for 2 weeks in a newspaper published in the county or counties where the proposed lease is to be located;

      (ii) Notify the owners of property directly in front of the proposed activity;

      (iii) Notify each Chair of an Oyster Committee in the county in which the proposed activity is located; and

      (iv) Notify other interested parties that the Department deems appropriate.

  (2) Within 30 days of publication of the last advertisement under §C(1) of this regulation, any person who has a specific right, duty, privilege, or interest that is different from that held by the general public and may be adversely affected by the proposed lease may file a petition with the Department protesting the issuance of the lease.

  (3) The protest shall be heard in accordance with the requirements of the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.

  (4) The Department shall hold a public informational meeting on the issuance of a lease on the request of any person.

  (5) After termination of the period prescribed in §C(2) of this regulation for filing a petition or after a final decision dismissing a protest, the Department shall survey the proposed leased area and issue a lease to the applicant.

  (6) The Department, as it considers necessary to protect the public health, safety, and welfare, may:

    (a) Deny a lease application for reasonable cause; or

    (b) Include any conditions in a lease.

D. Fees. There are no application or rental fees for a demonstration lease.

E. Locations. In addition to restrictions provided in Natural Resources Article, §4-11A-11, Annotated Code of Maryland, a lease may not be located in the Assateague Island National Seashore as described in 16 U.S.C. §459f.

F. Prohibited Activities.

  (1) Alterations, including adding any type of fill or sediment other than shell to the existing condition of the lease, are not permitted without written permission from the Department.

  (2) Shell present in the leased area at the time the lease is issued may not be removed from the leased area without the written permission of the Department.

  (3) Permanent structures of any kind may not be placed on the leased area without written permission from the Department.

  (4) Shellfish may not be harvested from the leased area for commercial or human consumption purposes.

G. Lease Markers and Equipment. A leaseholder shall:

  (1) Place a minimum of four poles at the corners of the lease perimeter;

  (2) Mark each pole with an 8-inch by 12-inch marker displaying the name of the leaseholder and the lease number;

  (3) Maintain and meet any standards for corner marker structures as described by the Department on its website;

  (4) Permanently and individually mark all equipment or manmade material used on the lease with the lease number and name of the leaseholder; and

  (5) Be responsible and liable for equipment, gear, or aquaculture-related material that has been found adrift or unattended outside the boundaries of the lease area.

H. Operators.

  (1) The Department shall issue an operator card to the lessee at the time of lease approval.

  (2) When one or more individuals are engaged in demonstration activities on the leased area, an individual authorized by the lessee shall be present and in possession of the operator card.

  (3) Any individual engaged in demonstration activities on a leased area shall comply with the terms and conditions of the lease agreement for that area.

I. Reporting. A leaseholder shall submit to the Department an annual report as required by the Department not later than December 31.

J. Surrender of a Lease. A lease may be surrendered by providing written notice to the Department.

#### Regulation .08 Shellfish Nursery Permits.

*COMAR 08.02.23.08*

A. Application.

  (1) An individual shall submit an application for a shellfish nursery permit prior to engaging in shellfish nursery activities.

  (2) An application shall be submitted on a form provided by the Department.

  (3) The fee for a shellfish nursery permit application shall be $100 and shall be nonrefundable.

B. A shellfish nursery permit:

  (1) Shall be valid for a 5-year term beginning on the day of issuance;

  (2) May be renewed for a new term upon the Department’s receipt of:

    (a) All completed reports required under this regulation; and

    (b) Confirmation that renewal is desired by the permittee;

  (3) May not be transferred; and

  (4) Shall be issued for each facility separately.

C. Reporting. A permittee under this regulation shall submit an annual report of shellfish nursery activities on a form provided by the Department not later than December 31 of the reporting year.

D. Size Limits. A permittee under this regulation shall only be authorized to culture shellfish seed to a maximum size measuring no greater than 1 inch in length from hinge to bill.

E. In-Water Structures.

  (1) An in-water shellfish nursery structure:

    (a) May not be larger than 200 square feet at any one site or physical address;

    (b) Shall be moored to an existing permitted wharf or other structure approved by the United States Army Corps of Engineers;

    (c) May not be located within a Submerged Aquatic Vegetation Protection Zone;

    (d) May not be located within 150 feet of a public shellfish fishery area or a registered pound net site; and

    (e) If located within an oyster sanctuary, as defined in COMAR 08.02.04.15, may not be located within 150 feet of a Yates bar.

  (2) A shellfish nursery permit for an in-water structure may only be issued to:

    (a) The owner of a wharf or other structure constructed on or about the water and approved by the United States Army Corps of Engineers; or

    (b) To a person with the permission of the owner of such a wharf or other structure.

F. Records and Inspection. A shellfish nursery permittee shall:

  (1) Maintain quarterly shipping and receiving records for each species cultivated at the facility that estimate:

    (a) Stocks on hand; and

    (b) The transfer of shellfish seed to or from the facility or leased area;

  (2) Keep all shipping and receiving records for a minimum of 3 years; and

  (3) Allow the Department to inspect at reasonable hours the shellfish nursery facility and any of the permittee’s equipment, records, or product that are part of the permit holder’s shellfish nursery operations.

G. Suspension or Revocation of Permit. The Department may revoke or suspend a permit at any time for noncompliance with the requirements established in Natural Resources Article, §4-11A-23, Annotated Code of Maryland, regulations adopted under this section, or the terms and conditions of the permit.

H. General.

  (1) A shellfish nursery permittee shall:

    (a) Obtain all necessary permits and comply with all applicable federal, State and local laws and regulations;

    (b) Follow the requirements of the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference in COMAR 10.15.07.01A; and

    (c) Notify the Department immediately upon discovery of any disease or mass mortality event affecting the shellfish at the facility that has the potential to contaminate native or naturalized animals.

  (2) The shellfish nursery permit shall be:

    (a) Displayed at the facility at all times; or

    (b) In the possession of the permittee or any other individual engaged in shellfish nursery activities at the facility.

### Chapter 24 — Seafood Marketing

*Transferred to COMAR 15.01.14*

**Administrative History:** Effective date: August 20, 2012 (39:16 Md. R. 1079)

**Administrative History:** Transferred to Department of Agriculture effective July, 1, 2017

**Administrative History:** .

### Chapter 25 — Gear

**Authority:** Natural Resources Article, §§4-215, 4-221, 4-505, 4-701.1, 4-701.2, 4-711, and 4-713, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.02 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); adopted permanently effective December 23, 2013 (40:25 Md. R. 2067)

**Administrative History:** Regulation .02C amended as an emergency provision effective March 20, 2014 (41:8 Md. R. 467); emergency provision expired effective September 16, 2014

**Administrative History:** Chapter revised effective September 29, 2014 (41:19 Md. R. 1076)

**Administrative History:** Chapter revised effective September 29, 2014 (41:19 Md. R. 1076)

**Administrative History:** Regulation .01B amended effective March 27, 2017 (44:6 Md. R. 325); March 26, 2018 (45:6 Md. R. 318)

**Administrative History:** Regulation .01B amended as an emergency provision effective May 3, 2018 (Md. R. 45:11 577); amended permanently effective July 2, 2018 (45:13 Md. R. 664)

**Administrative History:** Regulation .02 amended effective March 27, 2017 (44:6 Md. R. 325)

**Administrative History:** Regulation .02B amended effective March 14, 2016 (43:5 Md. R. 384)

**Administrative History:** Regulation .03 amended effective February 8, 2021 (48:3 Md. R. 93)

**Administrative History:** Regulation .03A, B amended effective March 14, 2016 (43:5 Md. R. 384)

**Administrative History:** Regulation .03A, C amended effective March 9, 2020 (47:5 Md. R. 310)

**Administrative History:** Regulation .03B amended effective March 17, 2025 (52:5 Md. R. 237)

**Administrative History:** Regulation .03B, E amended effective November 25, 2024 (51:23 Md. R. 1036), April 1, 2026 (53:6 Md. R 286)

**Administrative History:** Regulation .03C amended as an emergency provision effective May 3, 2018 (Md. R. 45:11 577); amended permanently effective July 2, 2018 (45:13 Md. R. 664)

**Administrative History:** Regulation .03F amended effective March 27, 2017 (44:6 Md. R. 325)

**Administrative History:** Regulation .04 adopted effective March 27, 2017 (44:6 Md. R. 325)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .05 adopted effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .06 adopted effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .06 amended effective December 12, 2022 (49:25 Md. R. 1049)

**Administrative History:** Regulation .06G amended effective October 7, 2019 (46:20 Md. R. 843)

**Administrative History:** Regulation .06H amended effective February 5, 2024 (50:2 Md. R. 76)

**Administrative History:** Regulation .06I repealed effective October 7, 2019 (46:20 Md. R. 843)

**Administrative History:** Regulation .07 adopted effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .07E amended effective March 21, 2022 (49:6 Md. R. 405)

**Administrative History:** Regulation .08 adopted effective August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .09 adopted effective March 23, 2020 (47:6 Md. R. 340)

#### Regulation .01 Gear Definitions.

*COMAR 08.02.25.01*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Archery equipment” means a vertical bow or a crossbow.

  (2) “Bank pole” means a line and hook dangling into a river, stream, or lake that has the other end attached to a pole which is stuck into the ground.

  (3) “Bush-bob” means a line and hook dangling into a river, stream, or lake that has the other end attached to an overhead tree or bush limb.

  (4) “Cast net” means a circular monofilament or multi-ply net with weights distributed around its edge that is cast or thrown by hand in such a manner that it spreads out on the water and sinks.

  (5) “Chumming” means placing fish, parts of fish, or other natural or manmade attractants upon which fish might feed, in the water, not attached to a hook, for the purpose of attracting fish to a particular area so that they might be caught.

  (6) “Circle hook” means a non-offset hook with the point turned perpendicularly back to the shank.

  (7) “Dip net” means a mesh bag of netting which is suspended from a circular, oval, or a rectangular frame attached to a long handle or rope.

  (8) “Eel pot” means an enclosure constructed of wire having:

    (a) A square mesh size not less than 1/2 inch; or

    (b) If the mesh is smaller than 1/2 inch by 1/2 inch, an escape panel installed in an exterior wall of the retention chamber measuring at least 16 square inches made of 1/2 inch by 1/2 inch mesh.

  (9) “Finfish trotline” means a length of rope or line, buoyed at both ends with one or more anchors, which is baited with hooks set at intervals for the purpose of catching finfish.

  (10) “Fish pot” means a single, finfish entrapment net device, without associated wings or leads, consisting of:

    (a) An enclosure of various shapes covered with mesh webbing of not less than 1-1/2 inch mesh size;

    (b) One or more conical entrance funnels; and

    (c) One or more unobstructed escape vents, in the holding chamber, of at least 2-1/2 inches in diameter, if circular, or 2-1/2 inches mesh size if square.

  (11) “Fyke net” means a stationary finfish entrapment net device, without a pound or crib, consisting of:

    (a) A series of hoops covered by mesh webbing of #12, or larger, twine of not less than 1-1/2 inch mesh size;

    (b) No more than one set of wings;

    (c) A leader or hedging not longer than 250 feet consisting of #12, or larger, twine and with a minimum mesh size of 3 inches;

    (d) In nets with a mesh size less than 2-1/2 inches, a cull panel at least 1 foot by 1 foot with unobstructed escape meshes when set with a minimum mesh size of 2-1/2 inches;

    (e) A single entrance funnel; and

    (f) One or more internal funnel shaped throats.

  (12) “Gig” means an implement with a shaft and three-pronged barbed point which is either thrust or thrown by hand.

  (13) “Gill net” means a net which:

    (a) Is maintained in a vertical position in the water with sinkers, floats, or stakes, or a combination of sinkers, floats, and stakes; and

    (b) Captures fish by means of a mesh too small to permit passage of the body of the fish or withdrawal of the head once the posterior margin of the gill covers has passed through the mesh.

  (14) “Gill net, anchored” means a gill net that is stationary in the water and secured to the bottom by weights on either end or along the bottom line which prevent the gill net from drifting freely with the tide or current.

  (15) “Gill net, attended” means the licensee remains in the boat within 2 miles of the gill net while it is in waters of the Chesapeake Bay, or within 1 mile when the gill net is in waters of the Atlantic Ocean, its coastal bays and their tributaries, or a tributary of the Chesapeake Bay.

  (16) “Gill net, drift” means a gill net not secured to or anchored to the bottom, designed to drift with the natural or prevailing tidal current, including a gill net rigged with up to 20 pounds of weight at each end, in addition to that weight required to achieve negative buoyancy.

  (17) “Gill net, stake” means a gill net hung from or supported by stakes which are set in a row and driven into the bottom.

  (18) “Hand” means a method of fishing whereby an individual uses their own hand to physically capture the fish.

  (19) “Handline” means a fishing line attended primarily by hand.

  (20) “Haul seine” means an encircling type of net with wings, brail lines and poles, and a bunt or pocket, and with the following characteristics:

    (a) Made of at least #12 twine;

    (b) Wings not greater than 15 feet in width at the attachment with the brail poles or brail line;

    (c) A width or depth not exceeding 22 feet at the bunt or back; and

    (d) A width of the bunt or back not greater than 100 feet.

  (21) “Hook and line” means a line free of mechanical devices except for reels attached to a pole or rod or held in hand and attended in a manner that the fish is caught by the hook.

  (22) “Hook unit” means a lure with multiple hooks.

  (23) “Hoop net” means a single finfish entrapment net device consisting of:

    (a) An enclosure formed by a series of hoops covered by mesh webbing of #12, or larger, twine, of not less than 1-1/2 inch mesh size;

    (b) One or more internal funnel-shaped throats;

    (c) A single entrance funnel;

    (d) No wings and leader; and

    (e) In nets with a mesh size less than 2-1/2 inches, a cull panel at least 1 foot by 1 foot with unobstructed escape meshes when set having a minimum mesh size of 2-1/2 inches.

  (24) “J hook” means a hook having a point parallel to the hook shank.

  (25) “Jug” means a method of fishing that uses lines suspended from floating containers or devices.

  (26) “Landing net” means a mesh bag which is suspended from a circular, oval, or rectangular frame attached to a short handle which is operated by hand to capture a fish which is being caught by other means.

  (27) “Live-lining” means using a live finfish on a hook for the purpose of catching other fish with:

    (a) Hook and line;

    (b) Rod and reel; or

    (c) Handlines.

  (28) “Lure” means an artificial bait used for catching fish.

  (29) “Net” means a mesh webbing panel or multiple panels, whether continuous or discontinuous, which may be joined in various configurations for the capture of fish.

  (30) “Noodling” means a method of catching fish using one’s hands or feet while in the water.

  (31) “Number 12 twine” means tightly twisted or braided nylon fibers, which are between 0.043 and 0.048 inches in diameter when compressed.

  (32) “Offset hook” means a hook with the point and barb not in the same plane with the shank.

  (33) “Pound net” means a fixed finfish entrapment net device consisting of:

    (a) One or more pounds or cribs each measuring at least 16 feet long by 16 feet wide at the surface of the water with a netting floor and open top;

    (b) Mesh webbing with a twine size of #12 or larger;

    (c) At least one heart leading into the crib;

    (d) A leader or hedging consisting of #12 twine or larger and with a minimum mesh size of 3 inches; and

    (e) No other type of fishing device, netting, or wire within the pound or crib.

  (34) “Rod” means a pole, cane, or stick to which a line can be attached directly.

  (35) “Rod and reel” means a pole with a line and usually a line winding mechanism, attached at the bottom of the pole, and is turned by a crank so that the line is wound around a barrel.

  (36) “Seine” means an encircling type of net with mesh.

  (37) “Slat basket” means a wooden box that funnels fish down into a holding area that is usually baited.

  (38) “Snagging” means actively fishing with a hook that intentionally foul-hooks the fish outside the mouth.

  (39) “Spear” means a shaft with one sharp point and/or a barb for capturing a fish by piercing its body.

  (40) “Spear gun” means any type of device used for propelling a spear under water by any means other than manual in order to catch fish.

  (41) “Stinger hook” means any hook which trails another hook or hook unit, either by direct physical attachment to the lead hook or hook unit, or by a connective device such as a line, swivel or chain, and is part of the same bait or lure.

  (42) “Tip up” means a device used in ice fishing in which a signal flag is raised when a fish takes the bait.

  (43) “Trap” means a single, bait finfish entrapment device, without associated wings or leads, and consisting of:

    (a) An enclosure of various shapes covered with mesh of not greater than 1/2-inch square mesh size for tidal waters and 1/4-inch square mesh for nontidal waters;

    (b) One or more entrances with an opening not more than 2 inches in diameter in tidal waters or not more than 1 inch in diameter in nontidal waters; and

    (c) No dimension greater than 24 inches in any direction.

  (44) “Trip” means the duration which begins with departure of the fishing vessel from a shore-based location and which terminates with return to a shore-based location.

  (45) “Trolling” means the method of angling during which fish are attracted to a lure or bait being trailed from a boat which is moving forward or backward by mechanical, manual, or wind power.

#### Regulation .02 Recreational Gear — Nontidal Waters.

*COMAR 08.02.25.02*

A. Recreational Gear.

  (1) An individual may only use the gear specified in this regulation to catch fish for recreational purposes from nontidal waters.

  (2) An individual shall comply with all seasons, creel limits, size limits, and other species-specific regulations as specified under this subtitle and Natural Resources Article, Title 4, Annotated Code of Maryland.

B. Traps.

  (1) An individual may not take or attempt to take fish with a trap in any trout management area described in COMAR 08.02.11.01C, D, G, and H.

  (2) An individual may not use more than one trap.

  (3) A trap shall be:

    (a) Marked with the individual’s

      (i) Name and address; or

      (ii) DNRid number; and

    (b) Checked daily.

  (4) A trap shall be set:

    (a) Within 100 feet of the shore, and:

      (i) Attached by a line to the property, pier or dock; or

      (ii) Marked by a buoy or pole and sign; or

    (b) By attaching the trap to a boat that is not docked.

  (5) If a trap is set on private property, the trap owner shall obtain the landowner’s permission prior to setting the trap.

  (6) If a trap is set on public property, the trap shall be set within 100 feet of the owner.

C. Active Line Fishing Gear.

  (1) Individuals catching fish in nontidal waters may only use the following active line fishing gear:

    (a) Hook and line;

    (b) Rod and reel; and

    (c) Handline.

  (2) The gear listed in §C(1) of this regulation shall be used in a manner in which the individual is handling the gear or actively in control of the gear.

  (3) No more than two hook units per line may be used on the gear listed in §C(1) of this regulation.

  (4) Except when ice fishing, a maximum of three or a combination of three of the gear listed in §C(1) of this regulation may be used by an individual fishing in nontidal waters.

  (5) When ice fishing, a maximum of five tip ups or rods may be used.

  (6) Snagging is not legal in State waters.

D. Nets.

  (1) Individuals catching fish in nontidal waters may only use the following nets:

    (a) Seines;

    (b) Dip nets; and

    (c) Landing nets.

  (2) Except for a landing net, a nonresident may not use nets in nontidal waters.

  (3) Except for a landing net, nets may not be used in waters described in COMAR 08.02.11.01B—H.

  (4) A person may not bait a net.

  (5) Seines in nontidal waters:

    (a) Shall have mesh no greater than 1/4 inch;

    (b) May not exceed 6 feet in width and 4 feet in height;

    (c) Shall only be used to catch minnows and other bait fish;

    (d) May not be used within 50 yards of the base of any dam or the mouth of any river or tributary; and

    (e) Shall only be emptied from shore.

  (6) Dip nets:

    (a) May be used in areas of the Potomac River, Monocacy River, and Conococheague Creek that lie within Allegany, Carroll, Frederick, and Washington counties to catch the following fish species:

      (i) Carp;

      (ii) Catfish;

      (iii) Northern snakehead; and

      (iv) Suckers; and

    (b) May not be used in any other area or to catch any other species.

  (7) Landing nets in nontidal waters may be used to land a fish which is being caught by other means.

E. Projectile Gear.

  (1) Individuals catching fish in nontidal waters may only use the following projectile gear:

    (a) Archery equipment;

    (b) Gig;

    (c) Spear; and

    (d) Spear gun.

  (2) Except for a gig, projectile gear shall have a retrieval line attached to it.

  (3) A gig may only be propelled by hand.

  (4) An individual may use projectile gear to take any fish except for the following species:

    (a) All trout species;

    (b) Walleye;

    (c) Striped bass;

    (d) Striped bass hybrids;

    (e) Northern pike;

    (f) Muskellunge;

    (g) Muskellunge hybrids, including tiger musky;

    (h) Largemouth and smallmouth bass;

    (i) Snapping turtles; and

    (j) Any species listed as threatened or endangered under COMAR 08.03.08.

  (5) An individual may not take or attempt to take any fish with a projectile gear in any trout management area described in COMAR 08.02.11.01B—H.

  (6) An individual may not take or attempt to take any fish with a projectile gear in State-controlled community ponds or lakes.

  (7) Additional Restrictions.

    (a) Except as provided in §E(7)(b) of this regulation, a person may not shoot projectile gear within 100 yards of any:

      (i) Human being;

      (ii) Private or public swimming area;

      (iii) International diving flag;

      (iv) Occupied duck blind; or

      (v) Vessel other than the vessel occupied by the individual using the projectile gear.

    (b) The distance restriction in §E(7)(a) of this regulation does not apply:

      (i) To the use of gigs; or

      (ii) If the person using the projectile gear receives permission from all affected parties within that area prior to engaging in fishing activities.

F. Hand Gear. Individuals catching fish in nontidal waters may only use the following hand gear:

  (1) Hand; and

  (2) Noodling.

#### Regulation .03 Recreational Gear — Tidal Waters.

*COMAR 08.02.25.03*

A. Recreational Gear.

  (1) Recreational gear for catching clams, crabs, and oysters is regulated elsewhere in Natural Resources Article, Title 4, Annotated Code of Maryland, and COMAR 08.02 and is excluded from this regulation.

  (2) An individual may only use the gear specified in this regulation to catch fish for recreational purposes from tidal waters.

  (3) An individual using gear in accordance with this chapter shall comply with all seasons, creel limits, size limits, and other species-specific rules as specified under this subtitle and Natural Resources Article, Title 4, Annotated Code of Maryland.

B. Hook Requirements — Chesapeake Bay and Its Tidal Tributaries.

  (1) Chumming and Live-Lining.

    (a) When chumming, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook.

    (b) Except as provided in §§B(1)(c) and (d), when live-lining, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook.

    (c) When live-lining with a species of finfish listed in COMAR 08.02.20.02C, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a:

      (i) Circle hook; or

      (ii) “J” hook.

    (d) Except when using spot or white perch, when live-lining with a finfish that is 4 inches or less in length, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a:

      (i) Circle hook; or

      (ii) “J” hook.

  (2) When fishing for striped bass, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook when using fish, crabs, or worms as bait, or processed bait.

  (3) During the period March 1 through May 15, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:

    (a) May not use stinger hooks;

    (b) Shall only use barbless hooks while trolling; and

    (c) In addition to the requirements in §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, shall only use a:

      (i) Circle hook; or

      (ii) “J” hook with a gap of less than or equal to 1/2 inch between the point and the shank.

  (4) During the period May 16 through December 31, in addition to the requirements in §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a:

    (a) Circle hook; or

    (b) “J” hook.

C. Hook Requirements—Atlantic Ocean, Its Coastal Bays, and Their Tributaries. When fishing for striped bass, a person recreationally angling in the Atlantic Ocean, its coastal bays, or their tributaries shall only use a circle hook when using fish, crabs, or worms as bait, or processed bait.

D. Traps.

  (1) An individual may not use more than one trap.

  (2) A trap shall be:

    (a) Marked with the individual’s DNRid number; and

    (b) Checked daily.

  (3) A trap shall be set:

    (a) Within 100 feet of the shore, and:

      (i) Attached by a line to the property, pier or dock; or

      (ii) Marked by a buoy or pole and sign; or

    (b) By attaching the trap to a boat that is not docked.

  (4) If a trap is set on private property, the trap owner shall obtain the landowner’s permission prior to setting the trap.

  (5) If a trap is set on public property, the trap shall be set within 100 feet of the owner.

E. Active Line Fishing Gear.

  (1) Individuals catching fish in tidal waters may only use the following active line fishing gear:

    (a) Hook and line;

    (b) Rod and reel; and

    (c) Handline.

  (2) The gear listed in §E(1) of this regulation shall be used in a manner in which the individual is handling the gear or actively in control of the gear.

  (3) No more than two hook units per line may be used on the gear listed under §E(1) of this regulation.

  (4) Snagging is not legal in State waters.

  (5) During the period March 1 through May 15, no more than six lines, regardless of the number of people on board a vessel, may be used for recreationally angling from a boat when trolling in the Chesapeake Bay or its tidal tributaries.

F. Nonactive Line Fishing Gear.

  (1) The only nonactive line fishing gear that an individual may use to catch fish in tidal waters is a jug.

  (2) An individual may use up to 10 jugs.

  (3) Jugs:

    (a) Shall have no more than 2 hooks per line and no more than one line per jug;

    (b) May only be used in tidal tributaries of the Chesapeake Bay;

    (c) May only be used from July 1 through the last day of February;

    (d) Shall be marked with the individual’s DNRid number;

    (e) Shall be attended between the hours of sunset and sunrise; and

    (f) May be used to take any fish except for the following species:

      (i) Largemouth and smallmouth bass;

      (ii) Striped bass;

      (iii) All shark species;

      (iv) Snapping turtles; or

      (v) Any species listed as threatened or endangered under COMAR 08.03.08.

G. Nets.

  (1) Individuals catching fish in tidal waters may only use the following nets:

    (a) Cast nets;

    (b) Seines;

    (c) Dip nets; and

    (d) Landing nets.

  (2) Cast nets shall have a radius not exceeding 10 feet.

  (3) Seines in tidal waters:

    (a) Shall have mesh no greater than 1/4 inch;

    (b) May not exceed 50 feet in width and 5 feet in height;

    (c) Shall only be used to catch minnows and other bait fish;

    (d) May not be emptied from a boat; and

    (e) May not be emptied on the shore or in water less than 12 inches deep.

  (4) An individual may use a landing net to land a fish which is being caught by other means.

  (5) A person may not bait a net.

H. Projectile Gear.

  (1) Individuals catching fish in tidal waters may only use the following projectile gear:

    (a) Archery equipment;

    (b) Gig;

    (c) Spear; and

    (d) Spear gun.

  (2) Except for a gig, projectile gear shall have a retrieval line attached to it.

  (3) A gig may only be propelled by hand.

  (4) An individual may use projectile gear to take any fish except for the following species:

    (a) All trout species;

    (b) Walleye;

    (c) Striped bass;

    (d) Striped bass hybrids;

    (e) Northern pike;

    (f) Muskellunge;

    (g) Muskellunge hybrids, including tiger musky;

    (h) Largemouth and smallmouth bass;

    (i) Snapping turtles;

    (j) All shark species;

    (k) American lobster; and

    (l) Any species listed as threatened or endangered under COMAR 08.03.08.

  (5) Additional Restrictions.

    (a) Except as provided in §F(5)(b) of this regulation, a person may not shoot projectile gear within 100 yards of any:

      (i) Human being;

      (ii) Private or public swimming area;

      (iii) International diving flag;

      (iv) Occupied duck blind; or

      (v) Vessel other than the vessel occupied by the individual using the projectile gear.

    (b) The distance restriction in §F(5)(a) of this regulation does not apply:

      (i) To the use of gigs; or

      (ii) If the person using the projectile gear receives permission from all affected parties within that area prior to engaging in fishing activities.

I. Hand Gear. Individuals catching fish in tidal waters may only use the following hand gear:

  (1) Hand; and

  (2) Noodling.

#### Regulation .04 Commercial Gear — General.

*COMAR 08.02.25.04*

A. An individual is not considered in violation of Natural Resources Article, §4-505, Annotated Code of Maryland, if the individual:

  (1) Is designated as an operator or co-user in accordance with this subtitle; or

  (2) Harvests fish in accordance with §B of this regulation.

B. A licensee may harvest fish from gear belonging to another individual and is not considered in violation of Natural Resources Article, §4-505, Annotated Code of Maryland, if:

  (1) The licensee has permission of the gear owner or designated co-user;

  (2) The gear owner or designated co-user is present at the piece of gear while the harvest occurs;

  (3) The licensee has obtained and is in possession of a valid permit necessary for the species being harvested; and

  (4) Both licensees are in possession of their tidal fish license.

#### Regulation .05 Commercial — Archery Equipment.

*COMAR 08.02.25.05*

A. Archery equipment shall have a retrieval line attached to any projectile.

B. An individual may use archery equipment to take any fish during an open commercial season except for the following species:

  (1) All shark species;

  (2) American lobster;

  (3) Muskellunge;

  (4) Muskellunge hybrids, including tiger musky;

  (5) Northern pike;

  (6) Snapping turtles;

  (7) Striped bass;

  (8) Striped bass hybrids;

  (9) Walleye; and

  (10) Any species listed as threatened or endangered under COMAR 08.03.08.

C. Additional Restrictions.

  (1) Except as provided in §C(2) of this regulation, a person may not shoot archery equipment within 100 yards of any:

    (a) Human being;

    (b) Private or public swimming area;

    (c) International diving flag;

    (d) Occupied duck blind; or

    (e) Vessel other than the vessel occupied by the individual using archery equipment.

  (2) The distance restriction in §C(1) of this regulation does not apply if the person using the archery equipment receives permission from all affected parties within that area prior to engaging in fishing activities.

#### Regulation .06 Commercial — Finfish Trotlines.

*COMAR 08.02.25.06*

A. An individual may not set or fish a finfish trotline within 100 feet of another individual's set trotline.

B. The length of a finfish trotline is measured along the baited portion of the line.

C. Except as provided in §H of this regulation, a finfish trotline:

  (1) May not exceed 1,200 feet in length;

  (2) May not be baited with live bait; and

  (3) Shall only be rigged with circle hooks with a minimum size of 5/0.

D. Float Requirements.

  (1) A finfish trotline shall have a float of the same color, size, and shape attached to each end.

  (2) Floats that have a round or spherical shape shall be at least 12 inches in diameter.

  (3) Floats that do not have a round or spherical shape shall be at least 12 inches long and 7 inches wide.

  (4) Floats shall be marked with the owner's commercial license number.

E. Depth Requirements.

  (1) During the period from June 16 through the end of February, a finfish trotline shall be set:

    (a) At least 10 feet below the surface of the water, in waters that are at least 10 feet deep at mean low tide; or

    (b) On the bottom of the water body in which they are set, in waters that are less than 10 feet deep at mean low tide.

  (2) During the period from March 1 through June 15, finfish trotlines shall be set on the bottom of the water body in which they are set.

F. Area Restrictions. Except as provided in §H of this regulation, a finfish trotline:

  (1) Shall only be set in the Chesapeake Bay and its tidal tributaries; and

  (2) May not be set in the Chesapeake Bay south of the William Preston Lane, Jr. Memorial Bay Bridge, including Pocomoke Sound and Tangier Sound.

G. An individual shall be appropriately licensed to catch finfish under Natural Resources Article, §4-701 or 4-701.2, Annotated Code of Maryland, and permitted in accordance with this regulation in order to use a finfish trotline.

H. Shortlines.

  (1) Definition.

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

    (b) Term Defined. “Shortline” means a type of finfish trotline which meets the requirements of this section.

  (2) A shortline may not exceed 1,500 feet in length.

  (3) Hook Requirements. In addition to the hook requirements in §C of this regulation:

    (a) A shortline may not have more than 50 hooks; and

    (b) Any hook used on a shortline shall be corrodible.

  (4) A maximum of two shortlines are allowed per vessel.

  (5) Any vessel using a shortline shall:

    (a) Practice the protocols and possess the federally required release equipment for pelagic and bottom longlines for the safe handling, release, and disentanglement of sea turtles and other nontarget species; and

    (b) Have all captains and vessel owners federally certified in using handling and release equipment.

  (6) Allowed Area. A shortline may only be used in the Atlantic Ocean.

#### Regulation .07 Commercial — Pound Nets.

*COMAR 08.02.25.07*

A. Definitions.

  (1) For purposes of this regulation, the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) “Co-user” means an individual who is:

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

      (ii) Designated in writing to the Department by the registrant; and

      (iii) Authorized to harvest fish from the specified pound net site.

    (b) “Registrant” means the individual who registered the pound net site and owns the pound net.

B. Pound Net Sites.

  (1) An individual may not set a pound net in State waters unless:

    (a) The individual has submitted a completed registration form provided by the Department;

    (b) The individual is properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

    (c) The site is approved by the Department;

    (d) The site is registered in the individual’s name; and

    (e) The individual has notified the Department of the setting of the net in compliance with §E of this regulation.

  (2) An individual may not register more than eight pound net sites with the Department.

  (3) The pound net site registrant shall notify the Department in writing to cancel a pound net site registration.

  (4) A pound net set at a registered site by the registrant has priority over other commercial finfish gear with regard to any distance requirements set forth in Natural Resources Article, §4-711, Annotated Code of Maryland.

  (5) A commercial tidal fish licensee that intends to use a pound net to harvest striped bass shall comply with the additional structural requirements described in COMAR 08.02.15.04.

  (6) The Department may approve the permanent transfer of a registered pound net site upon completion of the appropriate transfer application and pound net site registration.

  (7) The Department may revoke the registration of a pound net site for cause, including but not limited to, the revocation or lapse of the registrant’s commercial tidal fish license.

C. Co-Users.

  (1) A registrant may designate one or more co-users for each pound net site by completing a form provided by the Department.

  (2) A registrant may designate or remove a co-user at any time during the year.

  (3) A co-user shall display their commercial identification number on the designated pound net.

  (4) A co-user is authorized to harvest fish only from the specified pound net site.

D. Marking of Pound Nets. The registrant shall mark the pound net while the stakes are in the water, regardless of whether the nets are attached, as follows:

  (1) The stake at the head of a pound net shall be marked by a light that is functional between sunset and sunrise, which shall be:

    (a) Placed on the stake at least 6 feet above normal high water; and

    (b) Visible in all directions for at least 1 mile on a clear night; or

  (2) The stake of a pound net shall be marked with retro-reflective tape, as specified by the Department, which is placed on the stake at least 6 feet above normal high water in the following areas and manner:

    (a) On all State waters, except for Potomac River tributaries:

      (i) The stake at each end of the pound net shall be marked with three 4-inch bands of orange retro-reflective tape which do not overlap; and

      (ii) The stakes between the two end stakes, at intervals not greater than 150 feet apart, shall be marked with a single 4-inch band of white retro-reflective tape; and

    (b) On Potomac River tributaries:

      (i) The end stake closest to the channel and on the right side of channel when entering from a seaward direction, shall be marked with three 4-inch bands of red retro-reflective tape, which do not overlap, and the opposite end stake shall be marked with three 4-inch bands of green retro-reflective tape which do not overlap;

      (ii) The end stake closest to the channel and on the left side of the channel when entering from a seaward direction shall be marked with three 4-inch bands of green retro-reflective tape which do not overlap, and the opposite end stake shall be marked with three 4-inch bands of red retro-reflective tape which do not overlap; and

      (iii) At least three stakes between the two end stakes, at intervals not greater than 150 feet apart, shall be marked with a single 4-inch band of white retro-reflective tape.

E. Pound Net Activity Notification.

  (1) A pound net site may be activated by the registrant for:

    (a) A full license year beginning on July 15 immediately prior to the license year; or

    (b) The remainder of the license year at any point during the license year.

  (2) The registrant shall ensure that written notice is received by the Department at least 7 days prior to setting any pound net.

  (3) Notification shall be on a form provided by the Department.

F. Pound Net Soak Time Limits.

  (1) During the time period of January through June, pound nets shall be fished at the interval set by the Department in a public notice, with all entrapped striped bass released.

  (2) The Secretary shall publish such notice on the Department’s website no later than December 1 of the year preceding the soak time limit provision taking effect.

#### Regulation .08 Commercial — Haul Seines.

*COMAR 08.02.25.08*

A. An individual may use a haul seine in accordance with Natural Resources Article, §4-713, Annotated Code of Maryland, during the period from 12:01 a.m. Saturday until sunrise on Monday only if the individual notifies the Department in accordance with §B of this regulation at least 24 hours in advance of the activity.

B. Prior to using a haul seine during the period from 12:01 a.m. Saturday until sunrise on Monday an individual shall:

  (1) Call the Natural Resources Communication Center a minimum of 24 hours in advance of the activity; and

  (2) Provide the following information to the operator:

    (a) Name of the commercial licensee;

    (b) Commercial license number;

    (c) Name of the vessel;

    (d) Date the activity will occur; and

    (e) Location of the activity, including the National Oceanic and Atmospheric Administration fishing area code.

#### Regulation .09 Commercial — Fyke Nets.

*COMAR 08.02.25.09*

A. Restricted Areas. From February 1 through March 31, inclusive, a person may not set a fyke net in any of the following areas:

  (1) Bohemia River upstream of a line beginning at a point at or near Little Hack Point defined by Lat. 39°27.78'N and Long. 75°52.45'W; then running approximately 70° True to a point at or near the Route 213 bridge defined by Lat. 39°27.87'N and Long. 75°52.19'W;

  (2) Bush River upstream of a line beginning at a point at or near the mouth of Church Creek defined by Lat. 39°28.04'N and Long. 76°13.33'W; then running approximately 100° True to a point defined by Lat. 39°28.03'N and Long. 76°13.22'W;

  (3) Chester River upstream of a line beginning at a point at or near Indian Point defined by Lat. 39°14.28'N and Long. 75°56.17'W; then running approximately 360° True to a point on the Kent County shore defined by Lat. 39°14.54'N and Long. 75°56.16'W; and then upstream to a line, beginning at a point upstream of the mouth of Red Lion Creek defined by Lat. 39°14.62'N and Long. 75°54.63'W; then running 360° True to a point on the Kent County shore at Lat. 39°14.80'N and Long. 75°54.63';

  (4) Chester River upstream of a line beginning at a point at or near Ford's Landing defined by Lat. 39°15.04'N and Long. 75°53.70'W; then running 270° True to a point on the Queen Anne's County shore defined by Lat. 39°15.04'N and Long. 75°53.64'W;

  (5) Choptank River upstream of a line beginning at a point defined by Lat. 38°55.82'N and Long. 75°50.00'W; then running approximately 45° True to a point defined by Lat. 38°55.84'N and Long. 75°49.84'W;

  (6) Tuckahoe Creek, Choptank River tributary, upstream of a line beginning at a point defined by Lat. 38°52.86'N and Long. 75°57.10'W; then running approximately 90° True to a point defined by Lat. 38°52.86'N and Long. 75°57.07'W;

  (7) Elk River upstream of a line beginning at a point at or near Old Frenchtown Wharf defined by Lat. 39°34.56'N and Long. 75°50.55'W; then running approximately 279° True to a point at or near Scotland Point defined by Lat. 39°34.60'N and Long. 75°50.90'W;

  (8) Gunpowder River upstream of a line beginning at a point defined by Lat. 39°23.13'N and Long. 76°22.11'W; then running approximately 50° True to a point at or near the base of the Amtrak rail defined by Lat. 39°23.51'N and Long. 76°20.67'W;

  (9) Bird River, Gunpowder River tributary, upstream of a line beginning at a point defined by Lat. 39°22.94'N and Long. 76°23.83'W; then running approximately 10° True to a point defined by Lat. 39°22.98'N and Long. 76°23.77'W;

  (10) Marshyhope Creek, Nanticoke River tributary, upstream of a line beginning at a point defined by Lat. 38°38.85'N and Long. 75°48.84'W; then running approximately 90° True to a point defined by Lat. 38°38.85'N and Long. 75°48.80'W;

  (11) Northeast River upstream of a line beginning at a point defined by Lat. 39°35.25'N and Long. 75°57.72'W; then running approximately 110° True to a point defined by Lat. 39°35.05'N and Long. 75°56.99'W;

  (12) Patuxent River upstream of a line beginning at a point at or near Jackson Landing defined by Lat. 38°46.46'N and Long. 76°42.70'W; then running approximately 45° True to a point defined by Lat. 38°46.48'N and Long. 76°42.68'W;

  (13) Allen's Fresh, Potomac River tributary, upstream of a line beginning at a point defined by Lat. 38°23.14'N and Long. 76°55.42'W; then running approximately 20° True to a point defined by Lat. 38°23.20'W and Long. 76°55.40'W;

  (14) Nanjemoy Creek, Potomac River tributary, upstream of a line beginning at a point defined by Lat. 38°26.63'N and Long. 77°07.19'W; then running approximately 90° True to a point defined by Lat. 38°26.78'N and Long. 77°06.32'W; and

  (15) Sassafras River upstream of a line beginning at a point at or near the Route 213 bridge in Georgetown defined by Lat. 39°21.91'N and Long. 75°52.98'W; then running approximately 150° True to a point defined by Lat. 39°21.81'N and Long. 75°52.89'W.

B. A person shall remove fyke net poles from the water within 30 days after removing the net from the poles.

### Chapter 26 — Shell Recycling Grant Program

**Authority:** Natural Resources, §4-1019.1, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 adopted as an emergency provision effective January 13, 2014 (41:3 Md. R. 199); adopted permanently effective March 31, 2014 (41:6 Md. R. 377)

**Administrative History:** Regulation .03A, B amended effective December 31, 2018 (45:26 Md. R. 1240)

**Administrative History:** Chapter revised effective September 2, 2024 (51:17 Md. R. 777)

#### Regulation .01 Definitions.

*COMAR 08.02.26.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Aggregation site” means a location where shell donated for recycling is stored or aged prior to being replanted in State waters.

  (2) “Authorized shell recycling collector” means a business entity authorized by the Department to collect shells and issue grants to shell recyclers.

  (3) “Bushel” means an amount of oyster shells that will fill a 10-gallon container, or about 500 shells.

  (4) Business Entity.

    (a) “Business entity” means:

      (i) A person conducting or operating a trade or business in Maryland; or

      (ii) An organization operating in Maryland that is exempt from taxation under §501(c)(3) or (4) of the Internal Revenue Code.

    (b) “Business entity” includes a person operating a landfill or solid waste acceptance facility permitted under COMAR 26.04.07.

  (5) “Comptroller” means the Maryland Comptroller of the Treasury, or the Comptroller’s designee.

  (6) “Corporation” includes an association or joint-stock company.

  (7) “Department” means the Maryland Department of Natural Resources.

  (8) “Grant” means a payment to a shell recycler for donated shells.

  (9) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or private corporation, or any other entity.

  (10) “Restaurant” means a food service facility as defined in COMAR 10.15.03.

  (11) “Seafood dealer or processor” means a person who is:

    (a) Licensed as a seafood dealer in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, or who is exempt from licensing as a seafood dealer under Natural Resources Article, §4-702, Annotated Code of Maryland; and

    (b) Licensed or certified by the Maryland Department of Health in accordance with COMAR 10.15.07.

  (12) “Shell recycler” means a nonprofit organization, community association, restaurant, seafood processor, or seafood dealer that donates shells to an authorized shell recycling collector and that has not received compensation for the shell donation from any source other than the Department or its agent.

#### Regulation .02 Eligibility.

*COMAR 08.02.26.02*

To be eligible for a State income tax credit under this chapter, a shell recycler shall:

A. Prior to donating shell, complete an online registration as specified by the Department that includes the shell recycler’s Tax Identification Number; and

B. Donate shell for recycling to an authorized shell recycling collector.

#### Regulation .03 Authorized Shell Recycling Collector.

*COMAR 08.02.26.03*

A. Certification of a Collector.

  (1) A business entity may apply to the Department to be an authorized shell recycling collector.

  (2) An application shall:

    (a) Be submitted on a form provided by the Department; and

    (b) Include the applicant’s:

      (i) Name, address, and contact information;

      (ii) Planned shell aggregation site; and

      (iii) Planned method of storing and aging the shell.

  (3) Upon receipt and review of an application for certification under this regulation, the Department may:

    (a) Approve the application and issue the applicant a certificate designating the applicant an authorized shell recycling collector; or

    (b) Deny an application for reasonable cause.

  (4) A certification issued to an authorized shell recycling collector:

    (a) Shall be valid for 1 year beginning on the day of issuance; and

    (b) May be renewed for a new term upon the Department’s receipt of a renewal application submitted as specified by the Department.

B. A certified recycled shell collector shall:

  (1) Collect and process oyster shell from shell recyclers in accordance with the terms and conditions set out in the certification issued under §A of this regulation, and all applicable federal, State and local laws and regulations;

  (2) For each shell donation collected, submit an electronic report as specified by the Department verifying the location, date, and amount of the shell donation within 48 hours of collecting the donation;

  (3) Allow the Department, or the Department’s designee, to inspect at reasonable hours the certified recycled shell collector’s shell aggregation site and collected recycled shell; and

  (4) Notify the Department immediately of any changes to the authorized shell recycling collector’s aggregation site or contact information.

C. Issuance of Grants.

  (1) An authorized shell recycling collector shall issue grants to shell recyclers in the amounts described in Natural Resources Article, §4-1019.1, Annotated Code of Maryland.

  (2) A shell recycler may only receive one grant per donation year, which shall be in the amount which reflects the total amount of shell that the recycler has donated over the course of that year.

  (3) The donation year shall run from January 1 through December 31.

  (4) By January 31 of each year, an authorized shell recycling collector shall submit all necessary recycling records to the Department to reflect the amount of shell collected from each shell recycler the previous year and the total amount of grants which are to be disbursed to the shell recyclers by the authorized shell recycling collector.

  (5) Within 30 days of receiving payment from the Department, an authorized shell recycling collector shall issue the appropriate grants to each shell recycler.

  (6) Once the authorized collector has received payment from the Department, the donated shell becomes the property of the State of Maryland.

D. Limitations on Funding.

  (1) Grants issued under this chapter are subject to the amount of funds budgeted for the Shell Recycling Grant Program.

  (2) In the event that shell recyclers donate more shells to the Shell Recycling Grant Program than the Department has budgeted for, the Department shall issue grants to authorized shell recycling collectors, and authorized shell recycling collectors shall disburse to shell recyclers grants in the order in which recycled shells were donated to the collectors.

E. Penalties.

  (1) The Department may suspend or revoke a certification issued to a recycled shell collector for failure to comply with this chapter or the terms and conditions of the certification.

  (2) Within 15 days of receipt of the Department’s notice of a denial, suspension, or revocation of a certification issued under §A of this regulation, the recycled shell collector may appeal the decision in writing to the Director of the Maryland Fisheries Service.