<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 08.02.05.08" title_num="08" subtitle_num="02" chapter_num="05" heading="Eels.">
  <paragraph num="A.">
    <text>Commercial.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The annual quota for the commercial fishery is set by the Atlantic States Marine Fisheries Commission.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Noncommercial Limits.</text>
    <paragraph num="(1)">
      <text>A person may not catch or possess eels for noncommercial purposes which are less than 9 inches total length.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A person may not catch or possess more than 25 eels per day for noncommercial purposes.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Closed Season. Except by spear or baited traps or pots, eels may not be taken between September 1 and December 31.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Structural Requirements.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A person may not set buoyed eel pots in those channels designated as buoy-free channels under COMAR 08.02.03.07H.</text>
  </paragraph>
  <paragraph num="F.">
    <text>In addition to those defined in COMAR 08.02.03.07H, a person may not set buoyed eel pots in the following channels:</text>
    <paragraph num="(1)">
      <text>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";</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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";</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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";</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Bohemia River: 50 yards channelward and following a marked channel line from R "2" Fl. R 4 sec. southeasterly to the Rt. 213 bridge;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Northeast River: Within the marked channel following a line northeasterly from R "6" to Fl. G 4 sec. 15 ft. 5M "17";</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Swan Creek: Within the marked channel following a line along the southern shoreline from Plum Point to High Point.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>A person may not set or fish an eel pot without an appropriate license issued by the Department.</text>
  </paragraph>
  <paragraph num="H.">
    <text>General.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A violation of the restrictions set by the Secretary in accordance with section is a violation of this regulation.</text>
    </paragraph>
  </paragraph>
</regulation>