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<regulation prefix="Regulation" num=".02" citation="COMAR 08.02.05.02" title_num="08" subtitle_num="02" chapter_num="05" heading="General Fishing Prohibitions.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A person may set and fish:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Gill nets as permitted in COMAR 08.02.15; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Gill nets made with monofilament, multifilament, or multi-strand materials.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Within 1,200 feet of any pier that supports either span of the William Preston Lane Jr. Memorial Bay Bridge, a person may not:</text>
    <paragraph num="(1)">
      <text>Fish with a treble hook that is not an intrinsic part of a floating fish lure; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Set or fish any type of gill net during the period May 1 through October 31.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>May 16 through July 31; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>September 1 through December 5.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>During the period March 1 through June 30, a person may not set or fish any type of gill net:</text>
    <paragraph num="(1)">
      <text>In the striped bass spawning reaches listed in COMAR 08.02.15.03C;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In the Susquehanna Flats upstream of a line from Sandy Point to Turkey Point;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In the Susquehanna and Northeast Rivers; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>In the waters of the Susquehanna River, a commercial tidal fish licensee may not:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>A person licensed to catch finfish for commercial purposes may not guide customers during a commercial hook and line trip.</text>
  </paragraph>
  <paragraph num="I.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Two crew members assist the licensee with commercial hook and line fishing; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Four individuals, including no more than two crew members, present on a vessel which is engaged in commercial hook and line fishing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Hook and Line Fishing Exceptions.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>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.</text>
  </paragraph>
  <paragraph num="L.">
    <text>General Provisions.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="M.">
    <text>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.</text>
  </paragraph>
</regulation>