<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 08.02.15.04" title_num="08" subtitle_num="02" chapter_num="15" heading="Tidal Fish Licensee Intent to Fish.">
  <paragraph num="A.">
    <text>Striped Bass Permit.</text>
    <paragraph num="(1)">
      <text>The total number of permits authorizing commercial licensees to fish for striped bass may not exceed:</text>
      <paragraph num="(a)">
        <text>1,231 for commercial tidal fish licensees; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>499 for fishing guide licensees.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A commercial tidal fish licensee shall possess a striped bass permit while commercially fishing for striped bass.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A commercial tidal fish licensee who has not registered to catch striped bass in accordance with §B of this regulation or who has not received a transfer of a striped bass permit and allocation in accordance with §F or G of this regulation may not catch striped bass for sale.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Registration Procedures.</text>
    <paragraph num="(1)">
      <text>Registration.</text>
      <paragraph num="(a)">
        <text>An individual may register for a permit to participate in the next quota year's striped bass fishery if they:</text>
        <paragraph num="(i)">
          <text>Are currently authorized to commercially harvest striped bass in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Have received a striped bass permit from the Department in accordance with §C of this regulation; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Have received a permanent transfer of a striped bass permit as described in §H of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>A commercial tidal fish licensee shall register for a striped bass permit to participate in a commercial striped bass fishery in accordance with this section by September 15 of each year, or the next business day if September 15 falls on a weekend.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any permit that is not registered by the deadline established in §B(1)(b) of this regulation shall be relinquished to the Department.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The Department shall:</text>
        <paragraph num="(i)">
          <text>Make registration available to eligible commercial tidal fish licensees not later than July 15 of each year;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Use the registrations received as of September 15 of each year, or the next business day if September 15 falls on a weekend, to determine allocations for the striped bass fishery permittees; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Issue any striped bass permit that is not registered by the deadline established in §B(1)(b) of this regulation in accordance with §C of this regulation.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Registration Type.</text>
      <paragraph num="(a)">
        <text>When registering for a striped bass permit, a commercial tidal fish licensee shall specify and may be authorized to fish in one of the following fisheries:</text>
        <paragraph num="(i)">
          <text>Chesapeake Bay individual transferrable quota; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Atlantic Ocean.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>A commercial tidal fish licensee who had a striped bass permit registered in the Chesapeake Bay pound net or haul seine fisheries as of May 10, 2013 and receives shares and allocation from those permits shall register in the Chesapeake Bay individual transferrable quota fishery.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A commercial tidal fish licensee may not possess striped bass permits registered in both a Chesapeake Bay fishery and in the Atlantic Ocean fishery.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A striped bass permit registered in the Chesapeake Bay individual transferrable quota fishery as of May 10, 2013, may not be changed to a striped bass permit registered to the Atlantic Ocean fishery.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Striped Bass Permit Waiting List.</text>
    <paragraph num="(1)">
      <text>The Department shall accept an application for a striped bass permit authorizing a commercial tidal fish licensee to participate in a commercial striped bass season from any person qualified under Natural Resources Article, §4-701, Annotated Code of Maryland, and maintain a waiting list of commercial tidal fish license candidates to fish for striped bass.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Applicants shall be ranked and maintained in the order that their requests are received for waiting lists.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For each striped bass permit that has been revoked or voluntarily relinquished, a striped bass permit may be issued to an applicant on the waiting list.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Department shall issue an available striped bass permit to the first person on the appropriate waiting list to fish for striped bass.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Any striped bass permit issued by the Department in accordance with this section shall be issued without an associated share of any striped bass fishery.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Commercial Fisheries.</text>
    <paragraph num="(1)">
      <text>Chesapeake Bay Individual Transferrable Quota Fishery.</text>
      <paragraph num="(a)">
        <text>In the individual transferrable quota fishery, the following gear types may be used to harvest striped bass in accordance with a tidal fish license authorization as described in Natural Resources Article, §4-701, Annotated Code of Maryland:</text>
        <paragraph num="(i)">
          <text>Drift gill net;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Haul seine;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Hook and line; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Pound net.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>A permittee registered in the individual transferrable quota fishery shall be provided an allocation which may be harvested at any time within the gear, time, and area restrictions set forth in COMAR 08.02.15.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Atlantic Ocean Fishery.</text>
      <paragraph num="(a)">
        <text>In the Atlantic Ocean, its coastal bays and their tidal tributaries, the following gears may be used to harvest striped bass in accordance with a tidal fish license authorization as described in Natural Resources Article, §4-701, Annotated Code of Maryland:</text>
        <paragraph num="(i)">
          <text>Otter and beam trawl; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Gill net.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>A permittee registered in the Atlantic Ocean fishery shall be provided an allocation which may be harvested at any time within the gear, time, and area restrictions set forth in this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Pound Net Requirements to Participate in the Striped Bass Fishery.</text>
    <paragraph num="(1)">
      <text>A pound net used to harvest striped bass shall have:</text>
      <paragraph num="(a)">
        <text>A net body or crib at least 20 feet long by 20 feet wide with a bottom panel;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Leader or hedging with a total length of at least 200 feet; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A heart or funnel leading into the pound net crib.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A pound net used to harvest striped bass shall be registered as active with the Department in accordance with COMAR 08.02.25.07.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Temporary Transfers.</text>
    <paragraph num="(1)">
      <text>A striped bass permit may only be transferred to a valid commercial tidal fish licensee.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A properly registered striped bass permit or allocation associated with a properly registered striped bass permit may be temporarily transferred if:</text>
      <paragraph num="(a)">
        <text>The applicable fees required by Natural Resources Article, §4-701, Annotated Code of Maryland have been paid; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The transfer has been completed in the manner specified by the Department in accordance with the provisions set forth in this section.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Except as provided in §G of this regulation, shares may not be transferred.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Chesapeake Bay Individual Transferrable Quota Fishery.</text>
      <paragraph num="(a)">
        <text>Prior to the start of the quota year, during the period July 15 through September 15, or the next business day if September 15 falls on a weekend, a properly registered striped bass permit for the next quota year or any part of its associated allocation may be temporarily transferred to a commercial tidal fish licensee.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>During the quota year, a properly registered striped bass permit or any associated allocation may be transferred only:</text>
        <paragraph num="(i)">
          <text>During the time period established by public notice in accordance with §H of this regulation; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>In the increment of allocation established by public notice in accordance with §H of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>An individual without a properly registered striped bass permit may not receive a transfer of allocation unless the individual also receives a properly registered striped bass permit in the transfer.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A commercial tidal fish licensee may not receive an allocation transfer when the licensee possesses 2 percent or more of the total commercial quota for the Chesapeake Bay fisheries.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Atlantic Fishery.</text>
      <paragraph num="(a)">
        <text>Prior to the start of the quota year, during the period July 15 through September 15, or the next business day if September 15 falls on a weekend, a properly registered striped bass permit for the next quota year or any part of its associated allocation may be temporarily transferred to a commercial tidal fish licensee.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>During the quota year, a  properly registered striped bass permit or any associated allocation may be transferred only:</text>
        <paragraph num="(i)">
          <text>During the time period established by public notice in accordance with §H of this regulation; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>In the increment of allocation established by public notice in accordance with §H of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>An individual without a properly registered striped bass permit may not receive a transfer of allocation unless the individual also receives a properly registered striped bass permit in the transfer.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A commercial tidal fish licensee may not be assigned or have in possession more than four permits registered in the Atlantic Ocean and its coastal bays and tributaries.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A commercial tidal fish licensee registered in the Atlantic Ocean fishery may not receive an allocation transfer that would result in the licensee possessing more than 10 percent of the Atlantic Ocean quota.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Allocation may not be transferred between the Chesapeake Bay individual transferrable quota fishery and the Atlantic Ocean fishery.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>For purposes of the license suspension criteria, if a commercial tidal fish licensee transfers the striped bass permit to another licensee, the transferee that committed the violation shall be held responsible.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The registration type of a striped bass permit may not be changed under a temporary transfer.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Permanent Transfers.</text>
    <paragraph num="(1)">
      <text>A properly registered striped bass permit may be permanently transferred by the owner of the permit if:</text>
      <paragraph num="(a)">
        <text>The owner makes application to the Department requesting transfer;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The transferee is a valid commercial tidal fish licensee, if the transferee is not receiving the transferor's commercial tidal fish license;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The applicable fees required by Natural Resources Article, §4-701, Annotated Code of Maryland have been paid; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>All striped bass permits and associated tags are returned to the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The owner of a properly registered striped bass permit may permanently transfer:</text>
      <paragraph num="(a)">
        <text>A striped bass permit without transferring the owner’s tidal fish license;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The owner's share, or any portion of that share, without transferring the owner's tidal fish license or striped bass permit;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A striped bass permit and a portion of the owner's share without transferring the owner's tidal fish license, so long as the owner retains at least one striped bass permit; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The owner's share and all striped bass permits, along with the owner's tidal fish license.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Prior to the quota year, a permanent transfer of a share or any portion of that share may only be completed from July 15 through September 15, or the next business day if September 15 falls on a weekend.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The time period described in §G(3) of this regulation does not apply to a transaction where the transferee also receives the transferor's commercial tidal fish license.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>During the quota year, a permanent transfer of a share or any portion of that share may be completed only:</text>
      <paragraph num="(a)">
        <text>During the time period as established by public notice in accordance with §H of this regulation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In the increment of share as established by public notice in accordance with §H of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>A commercial tidal fish licensee registered in the Chesapeake Bay individual transferrable quota fishery may not receive a share in a permanent transfer that would result in the transferee possessing more than 1 percent of the total commercial quota for the Chesapeake Bay.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The transfer limit described in §G(6) of this regulation does not apply to a transaction where the transferee also receives the transferor’s commercial tidal fish license.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A commercial tidal fish licensee registered in the Atlantic Ocean fishery may not receive a share in a permanent transfer that would result in the transferee possessing more than 5 percent of the commercial quota for the Atlantic Ocean fishery.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Beneficiary Transfers.</text>
      <paragraph num="(a)">
        <text>An authorized representative of a deceased licensee may permanently transfer a striped bass permit regardless of the number of years the deceased licensee held the striped bass permit and without transferring the deceased's tidal fish license.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An authorized representative of a deceased licensee may permanently transfer a share of the striped bass fishery without transferring the deceased's tidal fish license or striped bass permit.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>A transferee receiving a striped bass permit registered in the Chesapeake Bay individual transferrable quota fishery through a permanent transfer may not have that authorization changed to a striped bass permit registered in the Atlantic Ocean fishery.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>A transferee receiving a striped bass permit registered in the Atlantic Ocean fishery through a permanent transfer may not have that authorization changed to a striped bass permit registered in the Chesapeake Bay individual transferrable quota fishery.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>A transferee receiving a share of the Chesapeake Bay individual transferrable quota fishery through a permanent transfer may not transfer that share to the Atlantic Ocean fishery.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>A transferee receiving a share of the Atlantic Ocean fishery through a permanent transfer may not transfer that share to the Chesapeake Bay individual transferrable quota fishery.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Modification of Transfer Conditions.</text>
    <paragraph num="(1)">
      <text>In order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Striped Bass, the Secretary shall establish or modify the time period for temporary or permanent transfers and the increment in which those transfers may occur by issuing a public notice on the Department's website that shall state its effective hour and date at least 48 hours in advance of the effective hour and date.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Secretary shall make a reasonable effort to disseminate a public notice issued under this section through various other media so that an affected person has reasonable opportunity to be informed.</text>
    </paragraph>
  </paragraph>
</regulation>