Chapter 15. Striped Bass

“Allocation” means pounds or numbers of striped bass which a striped bass permittee is provided on an annual basis.

“Commercial tidal fish licensee” means a person licensed by the Department to catch and sell finfish.

“Common Pool” means the fishery in the Chesapeake Bay and its tidal tributaries comprised of the striped bass permittees who have chosen to combine their allocation with other striped bass permittees’ allocations. The total shared allocation is then available to be fished by all of those contributing striped bass permittees.

“Facility” means a building or any part of a building, including a tank, refrigerator, or freezer.

“Fishing guide licensee” means a person who has a fishing guide tidal fish license and, when fishing in tidal waters of the Chesapeake Bay and its tributaries, a Maryland special charter boat license as provided under Natural Resources Article, §4-745, Annotated Code of Maryland.

“Harvest” means to take, kill, trap, gather, catch, or in any manner reduce any fish to personal possession or to attempt to engage in this conduct.

“Individual Transferrable Quota” means the fishery in the Chesapeake Bay and its tidal tributaries that provides exclusive privileges to an individual by assigning a fixed share of the commercial striped bass quota to each individual registered with a striped bass permit.

“Quota year” means a period of time beginning January 1 and ending the following December 31.

“Striped bass permit” means a permit issued by the Department which allows a person the privilege to commercially harvest striped bass.

“Share” means a percentage of the quota that is assigned to a specific striped bass permittee.

“Tag” means the device approved by the Department that is used to identify the harvest year, harvest gear, and individual that commercially harvested a striped bass.

“Target harvest” means pounds or numbers of striped bass allowed by the Department to be harvested in a quota year.

“Total length” means the greatest straight line length in inches as measured on a fish laid flat on its side on top of the measuring device with its mouth closed from the anterior-most tip of the jaw or snout to the farthest extremity of the tail with the upper and lower fork of the tail squeezed together.

“Whole fish” means the complete animal, including head, tail, gills, and viscera, not dismembered in any fashion.

“Year class” means striped bass born in a given year.

Choptank River upstream of a line beginning at a point at or near Cook Point, defined by Lat. 38°37.73'N and Long. 76°17.35'W; then running approximately 317° True to a point at or near Blackwalnut Point, defined by Lat. 38°40.24'N and Long. 76°20.37'W;

Nanticoke River upstream of a line beginning at a point at or near Stump Point, defined by Lat. 38°13.73'N and Long. 75°53.82'W; then running approximately 281° True to a point at or near Frog Point, defined by Lat. 38°14.21'N and Long. 75°56.90'W; and downstream of a line beginning at a point at or near the north shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.68'N and Long. 75°42.10'W; then running approximately 176° True to a point at or near the south shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.59'N and Long. 75°42.09'W;

Patuxent River upstream of a line beginning at a point at or near Drum Point, defined by Lat. 38°19.14'N and Long. 76°25.27'W; then running approximately 119° True to a point at or near Hog Point, defined by Lat. 38°18.57'N and Long. 76°23.99'W;

Notwithstanding COMAR 08.02.01.06B(6), Wicomico River upstream of a line beginning at a point at or near Mollies Point, defined by Lat. 38°13.75'N and Long. 75°53.03'W; then running approximately 92° True to a point at or near Wingate Point, defined by Lat. 38°13.71'N and Long. 75°51.62'W;

Blackwater river upstream of a line beginning at a point at or near the northwest end of Snake Island, defined by Lat. 38°21.27'N and Long. 76°00.62'W; then running approximately 311° True to a point at or near the opposite shore, defined by Lat. 38°21.36'N and Long. 76°00.74'W;

Pocomoke River upstream of a line beginning at a point at or near the east end of the Fair Island Canal, defined by Lat. 37°57.79'N and Long. 75°39.33'W; then running approximately 82° True to a point at or near Bullbegger Creek, defined by Lat. 37°57.86'N and Long. 75°38.77'W;

Transquaking River upstream of a line beginning at a point at or near the east side of the mouth where it enters Fishing Bay, defined by Lat. 38°22.18'N and Long. 75°59.69'W; then running approximately 260° True to a point at or near the west side of the mouth, defined by Lat. 38°22.10'N and Long. 76°00.26'W;

Chester River upstream of a line beginning at a point at or near Love Point, defined by Lat. 39°02.40'N and Long. 76°18.16'W; then running approximately 83° True to a point at or near the northwest point of Eastern Neck Island, defined by Lat. 39°02.77'N and Long. 76°14.05'W;

Manokin River upstream of a line beginning at a point at or near Hazard Point, defined by Lat. 38°04.54'N and Long. 75°52.73'W; then running approximately 307° True to a point at or near Pin Point, defined by Lat. 38°06.72'N and Long. 75°56.45'W;

Potomac River upstream of a line beginning at a point at or near Point Lookout, defined by Lat. 38°02.25'N and Long. 76°19.34'W; then running approximately 155° True to a point at or near the shore on the north side of the north jetty at Smith Point, defined by Lat. 37°53.40'N and Long. 76°14.22'W; and

The area of the Chesapeake Bay and its tributaries upstream of a line beginning at a point at or near Abbey Point, defined by Lat. 39°20.97'N and Long. 76°13.69'W; then running approximately 133° True to a point at or near Worton Point, defined by Lat. 39°19.14'N and Long. 76°11.13'W; including the Sassafras River, the Bohemia River, the Elk River, the Northeast River, an area of the Susquehanna River downstream of a line beginning at a point at or near the southwest end of Conowingo Dam, defined by Lat. 39°39.39'N and Long. 76°10.53'W; then running approximately 22° True to a point at or near the northeast end of Conowingo Dam, defined by Lat. 39°39.89'N and Long. 76°10.26'W; the Susquehanna Flats, and the portion of the Chesapeake and Delaware Canal west of a line beginning at a point at or near the north side of the Chesapeake and Delaware Canal at the Maryland-Delaware state line, defined by Lat. 39°32.20'N and Long. 75°46.77'W; then running approximately 176° True to a point at or near the south side of the Chesapeake and Delaware Canal at the Maryland-Delaware state line, defined by Lat. 39°32.08'N and Long. 75°46.76'W.

Choptank River upstream of a line beginning at a point at or near Bow Knee point, defined by Lat. 38°40.43'N and Long. 75°57.01'W; then running approximately 139° True to a point at or near a point of land at Wrights Wharf, defined by Lat. 38°40.22'N and Long. 75°56.77'W; and downstream of a line beginning at a point at or near Lyford Landing, defined by Lat. 38°50.62'N and Long. 75°51.94'W; then running approximately 90° True to a point at or near the shore on the east side of the river, defined by Lat. 38°50.62'N and Long. 75°51.81'W; including the portion of the Tuckahoe River downstream of a line beginning at a point at or near the southwest end of the MD Route 328 highway bridge, defined by Lat. 38°49.83'N and Long. 75°54.87'W; then running approximately 53° True to a point at or near the northeast end of the MD Route 328 highway bridge, defined by Lat. 38°49.87'N and Long. 75°54.80'W;

Nanticoke River upstream of a line beginning at a point at or near Newfoundland Point, defined by Lat. 38°19.71'N and Long. 75°54.78'W; then running approximately 88° True to a point at or near Hatcrown Point, defined by Lat. 38°19.75'N and Long. 75°52.93'W; and downstream of a line beginning at a point at or near the north shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.68'N and Long. 75°42.10W; then running approximately 176° True to a point at or near the south shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.59'N and Long. 75°42.09'W; including the portion of Marshyhope Creek downstream of a line beginning at a point at or near the mouth of Little Indian Creek, defined by Lat. 38°32.15'N and Long. 75°45.86'W; then running approximately 132° True to a point at or near a point of land on the opposite shore, defined by Lat. 38°32.11'N and Long. 75°45.80'W;

Patuxent River upstream of a line beginning at a point at or near Deep Landing, defined by Lat. 38°35.77'N and Long. 76°40.22'W; then running approximately 265° True to a point at or near the southerly side of the entrance to Summerville Creek, defined by Lat. 38°35.73'N and Long. 76°40.74'W; and downstream of a line beginning at a point at or near Jackson's Landing, defined by Lat. 38°46.39'N and Long. 76°42.58'W; then running approximately 112° True to a point at or near the east side of the upstream end of Jug Bay, defined by Lat. 38°46.27'N and Long. 76°42.21'W;

Wicomico River upstream of a line beginning at a point at or near Pine Beach, defined by Lat. 38°14.45'N and Long. 75°50.93'W; then running approximately 334° True to a point at or near Holland Point, defined by Lat. 38°14.85'N and Long. 75°51.18'W; and downstream of a line beginning at a point at or near the east side of the mouth of Rockawalking Creek, defined by Lat. 38°20.46'N and Long. 75°40.83'W; then running approximately 128° True to a point at or near the downstream side of the mouth of Stock Creek, defined by Lat. 38°20.37'N and Long. 75°40.69'W;

Blackwater River upstream of a line beginning at a point at or near the north shore of the river near Snake Island, defined by Lat. 38°21.36'N and Long. 76°00.74'W; then running approximately 131° True to a point at or near the south shore of the river at Snake Island, defined by Lat. 38°21.27'N and Long. 76°00.62'W; and downstream of a line beginning at a point at or near the east side of the mouth of the Little Blackwater River, defined by Lat. 38°26.19'N and Long. 76°05.21'W; then running approximately 268° True to a point at or near the west side of the mouth of the Little Blackwater River, defined by Lat. 38°26.19'N and Long. 76°05.55'W;

Pocomoke River upstream of a line beginning at a point at or near Bullbeggar Creek, defined by Lat. 37°57.86'N and Long. 75°38.77'W; then running approximately 258° True to a point at or near the north side of the east entrance of Fair Island Canal, defined by Lat. 37°57.79'N and Long. 75°39.33'W; and downstream of a line beginning at a point at or near the west end of the U.S. Route 13 highway bridge in Pocomoke City, defined by Lat. 38°04.70'N and Long. 75°34.31'W; then running approximately 84° True to a point at or near the east end of the U.S. Route 13 highway bridge in Pocomoke City, defined by Lat. 38°04.71'N and Long. 75°34.25'W;

Transquaking River upstream of a line beginning at a point at or near the east side of the mouth where it enters Fishing Bay, defined by Lat. 38°22.18'N and Long. 75°59.69'W; then running approximately 260° True to a point at or near the west side of the mouth, defined by Lat. 38°22.10'N and Long. 76°00.26'W; and downstream of a line beginning at a point at or near the north side of the river at Beaverdam Pond, defined by Lat. 38°26.38'N and Long. 75°59.67'W; then running approximately 204° True to a point at or near the south side of the river at Beaverdam Pond, defined by Lat. 38°26.35'N and Long. 75°59.69'W; including the waters of the Chicamacomico River downstream of a line beginning at a point at or near the north side of the river at Brick House Landing, defined by Lat. 38°25.72'N and Long. 75°57.42'W; then running approximately 178° True to a point at or near the south side of the river at Brick House Landing, defined by Lat. 38°25.69'N and Long. 75°57.42'W;

Chester River upstream of a line beginning at a point at or near the shore at Piney Grove, defined by Lat. 39°11.04'N and Long. 76°04.04'W; then running approximately 63° True to a point at or near the shore at Primrose Point, defined by Lat. 39°11.17'N and Long. 76°03.70'W; and downstream of a line beginning at a point at or near the north end of the Maryland Route 290 highway bridge at Crumpton, defined by Lat. 39°14.73'N and Long. 75°55.51'W; then running approximately 175° True to a point at or near the south end of the Maryland Route 290 highway bridge at Crumpton, defined by Lat. 39°14.70'N and Long. 75°55.50'W;

Manokin River upstream of a line beginning at a point at or near Sharps Point, defined by Lat. 38°09.30'N and Long. 75°45.36'W; then running approximately 356° True to a point at or near the shore on the north side of the river, defined by Lat. 38°09.37'N and Long. 75°45.36'W; and downstream of a line beginning at a point at or near a point of land on the north side of the river across from Taylor Branch, defined by Lat. 38°11.05'N and Long. 75°42.63'W; then running approximately 137° True to a point at or near the mouth of Taylor Branch, defined by Lat. 38°11.03'N and Long. 75°42.61'W;

Potomac River upstream of a line beginning at a point at or near Upper Cedar Point, defined by Lat. 38°24.44'N and Long. 77°05.51'W; then running approximately 181° True to a point at or near the mouth of Chotank Creek, defined by Lat. 38°22.03'N and Long. 77°05.59'W; and downstream of a line beginning at a point at or near Whitestone Point, defined by Lat. 38°41.08'N and Long. 77°07.39'W; then running approximately 106° True to a point at or near the east shore of the Potomac River, defined by Lat. 38°40.85'N and Long. 77°06.39'W;

Susquehanna River upstream of a line beginning at a point at or near Concord Point, defined by Lat. 39°32.44'N and Long. 76°05.09'W; then running approximately 79° True to a point at or near Stump Point, defined by Lat. 39°32.79'N and Long. 76°02.80'W; and downstream of a line beginning at a point at or near the southwest end of Conowingo Dam, defined by Lat. 39°39.39'N and Long. 76°10.53'W; then running approximately 22° True to a point at or near the northeast end of Conowingo Dam, defined by Lat. 39°39.89'N and Long. 76°10.26'W; and

All of the area of the Chesapeake Bay and its tributaries enclosed by a line beginning at a point at or near Worton Point, defined by Lat. 39°19.14'N and Long 76°11.13'W; then running approximately 313° True to a point at or near Abbey Point, defined by Lat. 39°20.97'N and Long. 76°13.69'W; then running northeasterly along the shore to a point at or near the south entrance of Romney Creek, defined by Lat. 39°22.12'N and Long. 76°11.70'W; then running approximately 52° True to a point at or near Taylor Point, defined by Lat. 39°22.66'N and Long. 76°10.79'W; then running northeasterly along the shore to a point at or near Black Point, defined by Lat. 39°26.11'N and Long. 76°06.11'W; then running approximately 11° True to a point at or near Mulberry Point, defined by Lat. 39°26.62'N and Long. 76°05.98'W; then running approximately 117° True to a point at or near Bear Point, defined by Lat. 39°26.20'N and Long. 76°04.93'W; then running northeasterly along the shore to a point at or near Sandy Point, defined by Lat. 39°26.87'N and Long. 76°03.65'W; then running approximately 87° True to a point at or near Turkey Point, defined by Lat. 39°26.97'N and Long. 76°00.56'W; then running northeasterly along the north shore of the Elk River, including Piney Creek and Plum Creek to a point at or near Scotland Point, defined by Lat. 39°34.68'N and Long. 75°50.60'W; then running approximately 164° True to a point at or near Frenchtown Wharf, defined by Lat. 39°34.56'N and Long. 75°50.56'W; then running southwesterly along the south shore of the Elk River, including Perch Creek, and easterly along the north shore of the Chesapeake and Delaware Canal to a point at or near the Maryland-Delaware line, defined by Lat. 39°32.20'N and Long. 75°46.77'W; then running approximately 176° True to a point at or near the intersection of the Maryland-Delaware line and the south shore of the Chesapeake and Delaware Canal, defined by Lat. 39°32.08'N and Long. 75°46.76'W; then running southeasterly along the south shore of the Chesapeake and Delaware Canal and the Elk River, including Herring Creek to a point at or near Town Point, defined by Lat. 39°29.25'N and Long. 75°55.49'W; then running approximately 232° True to a point at or near Ford Landing, defined by Lat. 39°28.48'N and Long. 75°56.78'W; then running southwesterly along the shore, including Cabin John Creek, Pearce Creek, and Pond Creek to a point at or near Grove Point, defined by Lat. 39°23.40'N and Long. 76°02.47'W; then running approximately 251° True to a point at or near Howell Point, defined by Lat. 39°22.34'N and Long. 76°06.72'W; then running southwesterly along the shore to a point at or near Meeks Point, defined by Lat. 39°20.77'N and Long. 76°08.21'W; then running approximately 210° True to a point at or near Rocky Point, defined by Lat. 39°20.07'N and Long. 76°08.73'W; then running southwesterly along the shore to the point of beginning, defined by Lat. 39°19.14'N and Long. 76°11.13'W.

The total number of permits authorizing commercial licensees to fish for striped bass may not exceed:

A commercial tidal fish licensee shall possess a striped bass permit while commercially fishing for striped bass.

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.

Registration.

Registration Type.

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.

Applicants shall be ranked and maintained in the order that their requests are received for waiting lists.

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.

The Department shall issue an available striped bass permit to the first person on the appropriate waiting list to fish for striped bass.

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.

Chesapeake Bay Individual Transferrable Quota Fishery.

Atlantic Ocean Fishery.

A pound net used to harvest striped bass shall have:

A pound net used to harvest striped bass shall be registered as active with the Department in accordance with COMAR 08.02.25.07.

A striped bass permit may only be transferred to a valid commercial tidal fish licensee.

A properly registered striped bass permit or allocation associated with a properly registered striped bass permit may be temporarily transferred if:

Except as provided in §G of this regulation, shares may not be transferred.

Chesapeake Bay Individual Transferrable Quota Fishery.

Atlantic Fishery.

Allocation may not be transferred between the Chesapeake Bay individual transferrable quota fishery and the Atlantic Ocean fishery.

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.

The registration type of a striped bass permit may not be changed under a temporary transfer.

A properly registered striped bass permit may be permanently transferred by the owner of the permit if:

The owner of a properly registered striped bass permit may permanently transfer:

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.

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.

During the quota year, a permanent transfer of a share or any portion of that share may be completed only:

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.

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.

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.

Beneficiary Transfers.

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.

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.

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.

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.

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.

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.

Prior to the start of a striped bass season, the Department shall provide tamper-evident locking tags to each commercial tidal fish licensee who is authorized to participate in a commercial striped bass fishery.

A commercial tidal fish licensee who catches striped bass for sale shall:

Striped bass tags:

The Department may not provide replacement tags for tags that are lost.

A commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota or Atlantic fisheries shall receive a fixed number of tags.

Only striped bass tags issued by the Department may be on board a vessel while engaged in fishing for striped bass in the Chesapeake Bay and its tidal tributaries.

A striped bass permit and striped bass tags for only one commercial fishery may be on board a vessel at any one time.

A packer or dealer may only be in possession of striped bass tagged in accordance with §A(3) of this regulation.

Striped bass legally harvested in another state may be possessed, transported, processed, sold, offered for sale, or shipped in Maryland.

Commercially harvested whole striped bass, imported to Maryland, shall be:

Striped bass fillets are not subject to tagging requirements if the fillets are imported to Maryland and in a marked container as specified in §B(2)(a) of this regulation.

Designate check stations throughout the State;

Provide a commercial tidal fish licensee with a list of check stations; and

Make available, to a check station, forms required under these regulations.

Time Requirements — Atlantic Fishery. Within 3 hours of completing a fishing trip and returning to dock, and not later than 9 p.m. on the day of harvest, a commercial tidal fish licensee registered in the Atlantic fishery shall have their striped bass harvest counted and weighed by a Department representative at a check station.

Time Requirements Chesapeake Bay Individual Transferable Quota Fishery. A commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota fishery shall have their striped bass counted and weighed by a Department representative at a check station not later than 9 a.m. on the day immediately following harvest.

At check-in time a person shall present his or her commercial tidal fish license and striped bass permit to the Department representative at the check station.

At check-in, the Department representative shall:

The reporting week for a commercial tidal fish or fishing guide licensee participating in a striped bass season is Sunday through Saturday.

A check station Department representative shall maintain harvest information and transmit reports to the Department daily or as requested, during a commercial striped bass season.

A packer or dealer shall maintain logs of each striped bass transaction as required, and transmit through the Department approved reporting system the information to the Department daily, or as requested.

The Department shall provide the required report forms or reporting mechanism.

A tidal fish licensee shall return the forms containing catch and landing information to the Department in the time period specified by the Department.

In addition to any other penalty, failure to submit a report as required by this chapter may result in license revocation under Natural Resources Article, §4-701, Annotated Code of Maryland.

A striped bass permittee shall contact the Department with specified fishing trip information prior to leaving the dock and prior to returning to the dock as described in a public notice disseminated in accordance with Regulation .12H of this chapter.

A tidal fish licensee, check station, or dealer shall make available daily information, landing tickets, allocation permits, fish, and tags for immediate inspection on request of a Department representative.

A Department representative may at reasonable times conduct an administrative inspection of the contents of any facility, vessel, or vehicle where striped bass may reasonably be stored if the facility, vessel, or vehicle is owned or operated by a seafood dealer licensed under Natural Resources Article, §4-702, Annotated Code of Maryland.

Failure to comply with the inspection or an audit may result in suspension or revocation of a seafood dealer's license as follows:

Before the suspension or revocation of an individual’s seafood dealer's license, the individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

A conviction for violating any provision of this chapter; or

A violation of any reporting requirement of this chapter.

Quota. The annual target harvest for the commercial fishery is 42.5 percent of the overall Maryland quota.

Size Limits.

Seasons. The commercial seasons for taking striped bass for permittees registered in the Chesapeake Bay individual transferrable quota fishery are as follows:

The Secretary shall allocate the annual target harvest for the following fisheries:

Initial Calculation of Shares in the Fisheries of the Chesapeake Bay and Its Tidal Tributaries.

The Secretary may:

A flag specified by the Department shall be displayed on the vessel at least 3 feet above the surface on which it is mounted and clearly visible to approaching vessels if the individuals on board are engaged in commercial striped bass fishing to denote whether the individuals on board are participating in the Chesapeake Bay individual transferrable quota fishery.

Quota. The annual target harvest for the commercial fishery is the quota set by the Atlantic States Marine Fisheries Commission.

Minimum Size. The minimum legal size for the commercial fishery is 24 inches.

Season. The commercial season for the taking of striped bass for all gears is October 1 through May 31.

A striped bass caught in the waters of the State shall be landed in the State.

The Department may waive the provisions set forth in §B(4) of this regulation if an individual files with the Department an affidavit signed by the individual which specifies the out-of-State landing location and Maryland check station where fish will be counted and weighed.

The Secretary may modify the number of licensees with individual permits that may catch striped bass on a boat on any day by publishing notice in a daily newspaper of general circulation at least 48 hours in advance of the time of modification, stating the effective hour and date.

Initial Calculation of Shares in the Atlantic Ocean, Its Coastal Bays, and Their Tidal Tributaries.

The provisions of this section apply to a commercial tidal fish licensee participating in a striped bass gill net season.

In the tidal waters of the Chesapeake Bay and its tributaries:

A person may possess and use other legal fishing equipment to catch other fish species while fishing for striped bass with gear as provided in §C(2)(a) of this regulation.

A drift gill net may not be set before 3 a.m. and shall be retrieved and in the boat by 6 p.m.

Flag Marker — Chesapeake Bay or Atlantic Ocean.

Flag Marker Tributaries. A drift gill net set in tributaries of the Chesapeake Bay or Atlantic coastal bays and their tributaries shall be marked by the licensee at each end with a floating marker with a volume of at least 460 cubic inches, each bearing the licensee's commercial tidal fish license number, or a flag according to §A(8) of this regulation.

Gill Net and Gill Net Reels — Chesapeake Bay and Its Tidal Tributaries. Except during the commercial striped bass gill net season as specified in §A of this regulation or disseminated by public notice in accordance with Regulation .12H of this chapter, an individual may not catch and possess striped bass if a gill net or gill net reel is aboard the vessel.

Between 1 hour after sunset and 1 hour before sunrise; or

At any time on a Saturday or Sunday.

A commercial tidal fish licensee may not harvest striped bass from a pound net between 6 p.m. and 12 a.m.

A commercial tidal fish licensee may not harvest striped bass from a pound net on Sunday.

A commercial tidal fish licensee shall comply with all additional requirements in the pound net fishery as described in COMAR 08.02.25.07.

A commercial tidal fish licensee may not catch striped bass between 6 p.m. Friday and 5 a.m. Monday, except as provided in §§C, D, and E of this regulation.

Atlantic Tolerance.

A commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota fishery who exceeds their allocation by 50 pounds or less is not in violation of this chapter.

If a commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota or Atlantic fishery exceeds the licensees allocation, that overage may be deducted from the allocation the licensee receives in the next practicable quota year.

If a commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota fishery accumulates 10 or more points for offenses specific to the striped bass fishery as described in COMAR 08.02.13.02 and .03, that licensee shall be suspended for one quota year.

A commercial tidal fish licensee may catch striped bass using only the striped bass permit assigned to the licensee.

From May 1 through May 15, a person may catch or possess striped bass only in the following areas:

From May 16 through May 31, a person may catch or possess striped bass only in the following areas:

Except for the closure specified in COMAR 08.02.15.12I(5), from June 1 through December 5, a person may catch or possess striped bass in the Chesapeake Bay and its tidal tributaries, including the Maryland tributaries of the Potomac River.

A person may not catch or possess more than one striped bass per day.

A person may not catch or possess striped bass less than 19 inches in total length.

A person may not catch or possess striped bass greater than 24 inches in total length.

For purposes of this section, “cull” means that after a person has a striped bass in possession, the person discards or exchanges that striped bass to possess another striped bass.

During a recreational striped bass season:

Except as provided in §C(2) of this regulation, a person may only land striped bass dockside as a whole fish.

A licensed charter boat captain or mate may fillet striped bass taken on a vessel displaying a current commercial charter boat decal under the following conditions:

Conduct a fishing tournament or contest; or

Offer or give a reward or incentive to a recreational or fishing guide led angler for catching striped bass.

A person licensed by the Department to fish in Maryland waters may catch and possess all striped bass captured with an attached fluorescent green tag that shows the toll-free number 866-845-3379 and either VIMS Gloucester Pt. VA or MD DNR Oxford, provided that person possessing the tagged striped bass immediately:

Striped bass tagged with the specified fluorescent green tag may be caught using legal fishing gear and possessed:

Except as provided in COMAR 08.02.13.06, during a chartered fishing trip, the captain or mate may not land or possess striped bass for personal consumption

A fishing guide licensee may not make more than two guided fishing trips daily to fish for striped bass.

In order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Striped Bass, the Secretary may modify or close a season or catch limit, set a monthly catch limit, modify a size limit, or require specific vessel trip information by issuing a public notice on the Fisheries Service website that shall state its effective hour and date at least 48 hours in advance of the effective hour and date.

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.

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

Definition.

Except as provided in Regulation .09 of this chapter and in §I(3) and (4) of this regulation, a person may not target striped bass or striped bass hybrids in the striped bass spawning rivers and areas listed in Regulation .03B of this chapter during the period March 1 through May 31.

During the period March 1 through March 31, inclusive, a person authorized in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, to recreationally angle for finfish may hook striped bass and shall immediately release the striped bass unharmed to the water from which the striped bass was taken in the following areas:

During the period March 1 through May 31, a person authorized in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, to recreationally angle for finfish may hook striped bass and shall immediately release the striped bass unharmed to the water from which the striped bass was taken in that area of the Chester River on the north side of Kent Narrows and bounded on the southern side by the southernmost edge of the old Route 50 bridge and, on the northern side, by a line beginning at a point (east tip of Ferry Point) defined by Lat. 38°58.820'N and Long. 76°14.627'W; then running approximately 92° True to a point (northwest tip of Long Point) defined by Lat. 38°58.798'N and Long. 76°13.825'W.

During the period August 1 through August 31, a person may not target striped bass or striped bass hybrids in the Chesapeake Bay or its tidal tributaries.