Chapter 05. Fish

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Regulation .01 Methods of Fishing in Tidal Waters - RepealedLink Copy Citation

Regulation .02 General Fishing Prohibitions.Link Copy Citation

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.

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.

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.

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.

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.

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.

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.

A person licensed to catch finfish for commercial purposes may not guide customers during a commercial hook and line trip.

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.

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.

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.

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.

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.Link Copy Citation

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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.

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.

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.

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.

Commercial Season. The commercial season for catching spot is April 10 through November 24.

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.Link Copy Citation

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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.Link Copy Citation

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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.

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.

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.Link Copy Citation

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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.

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.Link Copy Citation

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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.

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.

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.

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.

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.

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.

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)

(3)

A violation of the restrictions set by the Secretary in accordance with section is a violation of this regulation.

Regulation .08 Eels.Link Copy Citation

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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.

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.

Closed Season. Except by spear or baited traps or pots, eels may not be taken between September 1 and December 31.

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.

A person may not set buoyed eel pots in those channels designated as buoy-free channels under COMAR 08.02.03.07H.

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.

A person may not set or fish an eel pot without an appropriate license issued by the Department.

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)

(4)

A violation of the restrictions set by the Secretary in accordance with section is a violation of this regulation.

Regulation .09 River Herring.Link Copy Citation

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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).

An individual may not possess river herring within the jurisdiction of Maryland.

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.Link Copy Citation

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Commercial Minimum Size. A person licensed to catch finfish for sale may not catch or possess bluefish less than 8 inches in total length.

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.

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.

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.Link Copy Citation

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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.Link Copy Citation

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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.

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.

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.

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.

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)

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)

(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.

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.Link Copy Citation

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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.

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.

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.

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.

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.

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.Link Copy Citation

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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.

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.

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.Link Copy Citation

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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.

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.

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.Link Copy Citation

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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.

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.Link Copy Citation

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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.

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.

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)

(4)

A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.

Regulation .18 Croaker.Link Copy Citation

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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.

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.

Commercial Season. The commercial season for taking croaker is March 16 through December 31.

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.Link Copy Citation

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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.

Catch Limit. An individual may not possess more than five black bass.

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.

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.Link Copy Citation

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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.

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.

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.

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.Link Copy Citation

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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.

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.

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)

(d)

(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.

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.

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.

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.Link Copy Citation

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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.

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.

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.

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.Link Copy Citation

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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.

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.

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.

A person shall land bluefin tuna whole.

Regulation .24 Spiny Dogfish.Link Copy Citation

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.Link Copy Citation

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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.Link Copy Citation

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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).

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.

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.

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.

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.Link Copy Citation

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In this regulation, “swordfish” means the Atlantic Swordfish (Xiphias gladius).

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.

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.

Reporting.

(1)

A person shall maintain and submit all reports in accordance with 50 CFR 635 and 50 CFR 648.

(2)

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.Link Copy Citation

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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.

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.

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.Link Copy Citation

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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).

Season. The season for taking species listed in §A of this regulation is January 1 through December 31.

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.

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.

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.

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.Link Copy Citation

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Species. The following species are defined as tilefish:

(1)

Blueline tilefish (Caulolatilus microps);

(2)

Golden tilefish (Lopholatilus chamaeleonticeps); and

(3)

Sand tilefish (Malacanthus plumieri).

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.

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.Link Copy Citation

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A person may not catch or possess more than:

One longnose gar per day from April 15 through June 30; or

Five longnose gar per day from July 1 through April 14.

Chapter annotations

Authority: Natural Resources Article, §§4-2A-03, 4-215, 4-219, 4-221, 4-710, 4-713, and 4-736, Annotated Code of Maryland

History: Effective date: June 25, 1975 (2:14 Md. R. 1014)

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)

History: Regulation .01F adopted effective May 27, 1991 (18:10 Md. R. 1115)

History: Regulation .01F amended effective May 11, 1992 (19:9 Md. R. 878); November 20, 1994 (21:23 Md. R. 1932)

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)

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)

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)

History: Regulation .01G adopted as an emergency provision effective May 10, 1991 (18:10 Md. R. 1114); emergency status expired May 28, 1991

History: Regulation .01G adopted effective January 20, 1992 (19:1 Md. R. 24)

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)

History: Regulation .02 amended as an emergency provision effective April 24, 1979 (6:9 Md. R. 725); emergency status expired September 1, 1979

History: Regulation .02 amended effective February 22, 1980 (7:4 Md. R. 347); February 8, 1982 (9:1 Md. R. 19)

History: Regulation .02B, D—F amended effective January 30, 1984 (11:2 Md. R. 112)

History: Regulation .02D amended as an emergency provision effective March 15, 1982 (9:6 Md. R. 612); emergency status expired April 1, 1982

History: Regulation .02D amended as an emergency provision effective March 15, 1983 (10:5 Md. R. 462); emergency status expired March 26, 1983

History: Regulation .02D and F amended effective August 15, 1983 (10:16 Md. R. 1450)

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)

History: Regulation .02 repealed and new Regulation .02 adopted effective January 1, 1985 (11:26 Md. R. 2278)

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)

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)

History: Regulation .02E amended effective August 12, 1985 (12:16 Md. R. 1604)

History: Regulation .02 repealed and new Regulation .02 adopted effective September 3, 1990 (17:17 Md. R. 2077)

History: Regulation .02A amended as an emergency provision effective January 24, 1991 (18:3 Md. R. 301)

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)

History: Regulation .02B amended as an emergency provision effective January 1, 1992 (18:26 Md. R. 2826); emergency status expired February 28, 1992

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)

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)

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

History: Regulation .02A amended effective July 22, 2002 (29:14 Md. R. 1074); April 12, 2004 (31:7 Md. R. 582)

History: Regulation .02B amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 725); emergency status expired February 29, 2000

History: Regulation .02B amended effective April 3, 2000 (27:6 Md. R. 640)

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)

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)

History: Regulation .02B amended effective July 22, 2002 (29:14 Md. R. 1074 ); April 12, 2004 (31:7 Md. R. 582)

History: Regulation .03A—F amended and .03G repealed effective August 15, 1983 (10:16 Md. R. 1450)

History: Regulation .04 adopted effective March 5, 1975 (3:8 Md. R. 424)

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

History: Regulation .05 adopted effective December 12, 1980 (7:25 Md. R. 2334); amended effective March 6, 1981 (8:5 Md. R. 473)

History: Regulation .05A amended effective January 20, 1992 (19:1 Md. R. 24); November 22, 2004 (31:23 Md. R. 1652)

History: Regulation .05C, D amended effective August 5, 2024 (August 5, 2024 Md. R. 706)

History: Regulation .06 adopted effective January 23, 1981 (8:2 Md. R. 111)

History: Regulation .07 adopted as an emergency provision effective December 24, 1980 (8:1 Md. R. 19); emergency status expired May 9, 1981

History: Regulation .07 adopted effective February 20, 1989 (16:3 Md. R. 341)

History: Regulation .07 amended effective January 21, 1991 (18:1 Md. R. 29)

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)

History: Regulation .07D amended effective December 20, 1993 (20:25 Md. R. 1944); March 28, 1994 (21:6 Md. R. 466)

History: Regulation .08 adopted effective April 17, 1981 (8:8 Md. R. 720)

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)

History: Regulation .08B amended effective April 16, 1990 (17:7 Md. R. 848)

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

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)

History: Regulation .09 adopted effective December 17, 1984 (11:25 Md. R. 2129)

History: Regulation .09 amended effective February 15, 1993 (20:3 Md. R. 257)

History: Regulation .09G adopted effective October 7, 1985 (12:20 Md. R. 1924)

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)

History: Regulation .10 adopted effective April 29, 1991 (18:8 Md. R. 863)

History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1994 (21:23 Md. R. 1932)

History: Regulation .10C amended effective September 11, 1995 (22:18 Md. R. 1398)

History: Regulation .11 adopted effective May 10, 1993 (20:9 Md. R. 778)

History: Regulation .11 amended effective September 23, 1996 (23:19 Md. R. 1375)

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

History: Regulation .12 adopted effective August 1, 1994 (21:15 Md. R. 1303)

History: Regulation .12 amended as an emergency provision effective April 7, 1995 (22:9 Md. R. 641)

History: Regulation .12 amended effective July 31, 1995 (22:15 Md. R. 1118); July 28, 1997 (24:15 Md. R. 1061)

History: Regulation .12 amended as an emergency provision effective March 1, 1997 (24:6 Md. R. 481)

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)

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)

History: Regulation .12 amended as an emergency provision effective April 15, 1999 (26:10 Md. R. 792); emergency status expired December 31, 1999

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)

History: Regulation .12 amended effective January 17, 2005 (32:1 Md. R. 26)

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)

History: Regulation .12A, B amended effective October 14, 2002 (29:20 Md. R. 1586)

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

History: Regulation .12C amended effective June 17, 1996 (23:12 Md. R. 870); December 29, 1997 (24:26 Md. R. 1756)

History: Regulation .12D amended effective December 29, 1997 (24:26 Md. R. 1756)

History: Regulation .13 adopted effective August 30, 1993 (20:17 Md. R. 1345)

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

History: Regulation .13 amended effective February 26, 1996 (23:4 Md. R. 272)

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)

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)

History: Regulation .13C amended as an emergency provision effective November 1, 1996 (23:24 Md. R. 1675); emergency status expired January 1, 1997

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)

History: Regulation .14 adopted effective September 17, 1993 (20:19 Md. R. 1471)

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)

History: Regulation .14C adopted effective June 5, 1995 (22:11 Md. R. 819)

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)

History: Regulation .15 amended as an emergency provision effective April 9, 1998 (25:18 Md. R. 673); emergency status expired October 6, 1998

History: Regulation .15B, C amended effective June 14, 1999 (26:12 Md. R. 925)

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)

History: Regulation .17 adopted effective April 10, 1995 (22:7 Md. R. 534)

History: Regulation .17 amended effective December 1, 1997 (24:24 Md. R. 1670)

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)

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)

History: Regulation .18A, B amended effective October 6, 1997 (24:20 Md. R. 1402)

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)

History: Regulation .19 adopted effective October 20, 1997 (24:21 Md. R. 1447)

History: Regulation .20 adopted effective October 20, 1997 (24:21 Md. R. 1447)

History: Regulation .20A amended effective June 15, 1998 (25:12 Md. R. 945)

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)

History: Regulation .21 adopted effective October 20, 1997 (24:21 Md. R. 1447)

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)

History: Regulation .21 amended effective September 2, 2002 (29:17 Md. R. 1379)

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)

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)

History: Regulation .22 adopted effective October 20, 1997 (24:21 Md. R. 1447)

History: Regulation .22 amended effective August 19, 2002 (29:16 Md. R. 1286)

History: Regulation .22C amended effective June 15, 1998 (25:12 Md. R. 845)

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)

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)

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)

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)

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)

History: Regulation .25 adopted effective April 16, 2001 (28:7 Md. R. 688)

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)

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)

History: Chapter revised effective February 28, 2005 (32:4 Md. R. 409)

History: Regulation .01 amended effective July 26, 2010 (37:15 Md. R. 998); April 15, 2013 (40:7 Md. R. 609)

History: Regulation .01 amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); emergency provision expired December 23, 2013

History: Regulation .01 amended effective December 23, 2013 (40:25 Md. R. 2067)

History: Regulation .01 repealed effective January 1, 2018 (44:26 Md. R. 1214)

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)

History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 476)

History: Regulation .02 amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); emergency provision expired December 23, 2013

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)

History: Regulation .02B amended as an emergency provision effective April 4, 2006 (33:9 Md. R. 794); emergency provision expired August 4, 2006

History: Regulation .02B amended as an emergency provision effective April 9, 2007 (34:9 Md. R. 823)

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)

History: Regulation .02E amended effective April 1, 2026 (53:6 Md. R. 286)

History: Regulation .02F amended effective January 1, 2018 (44:26 Md. R. 1214)

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)

History: Regulation .02J amended effective July 7, 2014 (41:13 Md. R. 751)

History: Regulation .02P adopted effective April 27, 2015 (42:8 Md. R. 607)

History: Regulation .03 repealed effective February 15, 2016 (43:3 Md. R. 271)

History: Regulation .03 adopted effective June 14, 2021 (48:12 Md. R. 470)

History: Regulation .05A amended effective October 19, 2009 (36:21 Md. R. 1590)

History: Regulation .06A amended effective October 19, 2009 (36:21 Md. R. 1590)

History: Regulation .07 amended effective January 28, 2008 (35:2 Md. R. 126)

History: Regulation .07 repealed effective January 26, 2009 (36:2 Md. R. 99)

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)

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)

History: Regulation .07D amended effective January 1, 2018 (44:26 Md. R. 1214)

History: Regulation .07D, E amended effective June 23, 2014 (41:12 Md. R. 667)

History: Regulation .08 amended effective March 3, 2014 (41:4 Md. R. 299); March 28, 2016 (43:6 Md. R. 404)

History: Regulation .08A, H amended effective October 7, 2019 (46:20 Md. R. 843)

History: Regulation .08D, E amended effective November 24, 2005 (32:23 Md. R. 1825)

History: Regulation .09A amended effective October 8, 2007 (34:20 Md. R. 1735)

History: Regulation .09 repealed effective April 4, 2011 (38:7 Md. R. 429)

History: Regulation .09 adopted effective December 26, 2011 (38:26 Md. R. 1696)

History: Regulation .10 amended effective June 24, 2024 (51:12 Md. R. 618)

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)

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)

History: Regulation .12A, B amended effective July 4, 2005 (32:13 Md. R. 1110)

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)

History: Regulation .12A, B amended effective July 16, 2009 (36:14 Md. R. 984)

History: Regulation .12A, B amended as an emergency provision effective April 9, 2010 (37:10 Md. R. 718)

History: Regulation .12C amended effective February 22, 2010 (37:4 Md. R. 338)

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

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)

History: Regulation .13 amended effective April 14, 2014 (41:7 Md. R. 421)

History: Regulation .13B amended effective October 8, 2007 (34:20 Md. R. 1736)

History: Regulation .14 repealed and new Regulation .14 adopted effective July 23, 2012 (39:14 Md. R. 835)

History: Regulation .15 amended effective February 25, 2019 (46:4 Md. R. 190)

History: Regulation .15B amended effective December 30, 2019 (46:26 Md. R. 1163)

History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1590)

History: Regulation .17 repealed effective March 23, 2009 (36:6 Md. R. 489)

History: Regulation .17 adopted effective March 26, 2018 (45:6 Md. R. 318)

History: Regulation .19B, D amended effective July 16, 2007 (34:14 Md. R. 1245)

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)

History: Regulation .20 amended effective July 16, 2020 (47:14 Md. R. 674)

History: Regulation .20A, C amended effective April 2, 2012 (39:6 Md. R. 407); September 3, 2012 (39:16 Md. R. 1147)

History: Regulation .20D adopted effective September 3, 2012 (39:17 Md. R. 1147)

History: Regulation .21 amended effective March 27, 2006 (33:6 Md. R. 577)

History: Regulation .21A amended effective February 11, 2008 (35:3 Md. R. 288); March 9, 2009 (36:5 Md. R. 422)

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)

History: Regulation .21A amended as an emergency provision effective September 15, 2010 (37:21 Md. R. 1435); emergency provision expired March 11, 2011

History: Regulation .21 amended effective November 12, 2012 (39:22 Md. R. 1428)

History: Regulation .21A amended effective August 22, 2011 (38:17 Md. R. 1012); August 5, 2013 (40:15 Md. R. 1228)

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)

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)

History: Regulation .21E amended effective October 19, 2009 (36:21 Md. R. 1590)

History: Regulation .21F amended effective August 5, 2013 (40:15 Md. R. 1228)

History: Regulation .22 amended effective December 31, 2007 (34:26 Md. R. 2261)

History: Regulation .22B amended effective January 30, 2017 (44:2 Md. R. 84)

History: Regulation .22B, D amended effective July 16, 2020 (47:14 Md. R. 675)

History: Regulation .23C amended effective December 22, 2025 (52:25 Md. R. 1268)

History: Regulation .24 amended as an emergency provision effective August 27, 2013 (40:19 Md. R. 1539); emergency provision expired February 17, 2014

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)

History: Regulation .24A amended effective June 22, 2015 (42:12 Md. R. 761)

History: Regulation .24D amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1007); emergency provision expired January 19, 2015

History: Regulation .24D, I amended effective August 28, 2017 (44:17 Md. R. 834)

History: Regulation .26A amended effective March 4, 2013 (40:4 Md. R. 344)

History: Regulation 26D amended effective December 22, 2025 (52:25 Md. R. 1268)

History: Regulation 27D amended effective December 22, 2025 (52:25 Md. R. 1268)

History: Regulation .28 adopted effective February 11, 2008 (35:3 Md. R. 288)

History: Regulation .29 adopted effective June 28, 2010 (37:13 Md. R. 851)

History: Regulation .29 amended effective March 21, 2011 (38:6 Md. R. 393); July 1, 2019 (46:13 Md. R. 589)

History: Regulation .29D, F amended effective August 22, 2011 (38:17 Md. R. 1012)

History: Regulation .29E amended effective March 30, 2015 (42:6 Md. R. 511)

History: Regulation .30 adopted effective July 1, 2019 (46:13 Md. R. 589)

Chapter 05. Fish

Regulation .01 Methods of Fishing in Tidal Waters - RepealedLinkCopy Citation

Regulation .02 General Fishing Prohibitions.LinkCopy Citation

Regulation .03 Spot.LinkCopy Citation

Regulation .04 Legal Size of White Perch.LinkCopy Citation

Regulation .05 American Shad.LinkCopy Citation

Regulation .06 Hickory Shad.LinkCopy Citation

Regulation .07 Atlantic Menhaden.LinkCopy Citation

Regulation .08 Eels.LinkCopy Citation

Regulation .09 River Herring.LinkCopy Citation

Regulation .10 Bluefish.LinkCopy Citation

Regulation .11 Sturgeon.LinkCopy Citation

Regulation .12 Summer Flounder.LinkCopy Citation

Regulation .13 Weakfish and Spotted Sea Trout.LinkCopy Citation

Regulation .14 Spanish Mackerel.LinkCopy Citation

Regulation .15 Black Drum.LinkCopy Citation

Regulation .16 Red Drum.LinkCopy Citation

Regulation .17 Cobia.LinkCopy Citation

Regulation .18 Croaker.LinkCopy Citation

Regulation .19 Black Bass — Largemouth Bass and Smallmouth Bass.LinkCopy Citation

Regulation .20 Tautog.LinkCopy Citation

Regulation .21 Black Sea Bass.LinkCopy Citation

Regulation .22 Scup.LinkCopy Citation

Regulation .23 Bluefin Tuna.LinkCopy Citation

Regulation .24 Spiny Dogfish.LinkCopy Citation

Regulation .25 Monkfish.LinkCopy Citation

Regulation .26 Billfish.LinkCopy Citation

Regulation .27 Swordfish.LinkCopy Citation

Regulation .28 Walleye.LinkCopy Citation

Regulation .29 Snapper Grouper Complex.LinkCopy Citation

Regulation .30 Tilefish.LinkCopy Citation

Regulation .31 Longnose Gar.LinkCopy Citation

Regulation .01 Methods of Fishing in Tidal Waters - RepealedLink Copy Citation

Regulation .02 General Fishing Prohibitions.Link Copy Citation

Regulation .03 Spot.Link Copy Citation

Regulation .04 Legal Size of White Perch.Link Copy Citation

Regulation .05 American Shad.Link Copy Citation

Regulation .06 Hickory Shad.Link Copy Citation

Regulation .07 Atlantic Menhaden.Link Copy Citation

Regulation .08 Eels.Link Copy Citation

Regulation .09 River Herring.Link Copy Citation

Regulation .10 Bluefish.Link Copy Citation

Regulation .11 Sturgeon.Link Copy Citation

Regulation .12 Summer Flounder.Link Copy Citation

Regulation .13 Weakfish and Spotted Sea Trout.Link Copy Citation

Regulation .14 Spanish Mackerel.Link Copy Citation

Regulation .15 Black Drum.Link Copy Citation

Regulation .16 Red Drum.Link Copy Citation

Regulation .17 Cobia.Link Copy Citation

Regulation .18 Croaker.Link Copy Citation

Regulation .19 Black Bass — Largemouth Bass and Smallmouth Bass.Link Copy Citation

Regulation .20 Tautog.Link Copy Citation

Regulation .21 Black Sea Bass.Link Copy Citation

Regulation .22 Scup.Link Copy Citation

Regulation .23 Bluefin Tuna.Link Copy Citation

Regulation .24 Spiny Dogfish.Link Copy Citation

Regulation .25 Monkfish.Link Copy Citation

Regulation .26 Billfish.Link Copy Citation

Regulation .27 Swordfish.Link Copy Citation

Regulation .28 Walleye.Link Copy Citation

Regulation .29 Snapper Grouper Complex.Link Copy Citation

Regulation .30 Tilefish.Link Copy Citation

Regulation .31 Longnose Gar.Link Copy Citation