Except in accordance with COMAR 08.02.05, 08.02.11, 08.02.14, and this chapter, it is illegal for a person to take, possess, transport, export, process, sell, offer for sale, or ship any striped bass (Morone saxatilis), including striped bass taken in the State’s Territorial Sea and the Exclusive Economic Zone (EEZ), as defined by the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. Ch. 38 §1801 et seq., and which extends from 0 to 200 nautical miles from the coastline of the United States. For purposes of this chapter, a hybrid of striped bass is deemed to be of the species striped bass. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. For purposes of this chapter, the designation of a spawning river, area, and reach includes all tributaries to the river, area, or reach. The following waters are designated as striped bass spawning rivers and areas: 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. Within the spawning rivers and areas listed in §§A and B of this regulation, sections of these rivers and areas are established for special conservation actions and are known as striped bass spawning reaches, and are established as follows: 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. Striped Bass Permit. The total number of permits authorizing commercial licensees to fish for striped bass may not exceed: 1,231 for commercial tidal fish licensees; and 499 for fishing guide licensees. 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 Procedures. Registration. An individual may register for a permit to participate in the next quota year's striped bass fishery if they: Are currently authorized to commercially harvest striped bass in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; Have received a striped bass permit from the Department in accordance with §C of this regulation; or Have received a permanent transfer of a striped bass permit as described in §H of this regulation. 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. Any permit that is not registered by the deadline established in §B(1)(b) of this regulation shall be relinquished to the Department. The Department shall: Make registration available to eligible commercial tidal fish licensees not later than July 15 of each year; 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 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. Registration Type. 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: Chesapeake Bay individual transferrable quota; or Atlantic Ocean. 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. A commercial tidal fish licensee may not possess striped bass permits registered in both a Chesapeake Bay fishery and in the Atlantic Ocean fishery. 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. Striped Bass Permit Waiting List. 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. Commercial Fisheries. Chesapeake Bay Individual Transferrable Quota Fishery. 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: Drift gill net; Haul seine; Hook and line; and Pound net. 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. Atlantic Ocean Fishery. 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: Otter and beam trawl; and Gill net. 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. Pound Net Requirements to Participate in the Striped Bass Fishery. A pound net used to harvest striped bass shall have: A net body or crib at least 20 feet long by 20 feet wide with a bottom panel; Leader or hedging with a total length of at least 200 feet; and A heart or funnel leading into the pound net crib. A pound net used to harvest striped bass shall be registered as active with the Department in accordance with COMAR 08.02.25.07. Temporary Transfers. 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: The applicable fees required by Natural Resources Article, §4-701, Annotated Code of Maryland have been paid; and The transfer has been completed in the manner specified by the Department in accordance with the provisions set forth in this section. Except as provided in §G of this regulation, shares may not be transferred. Chesapeake Bay Individual Transferrable Quota Fishery. 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. During the quota year, a properly registered striped bass permit or any associated allocation may be transferred only: During the time period established by public notice in accordance with §H of this regulation; and In the increment of allocation established by public notice in accordance with §H of this regulation. 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. 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. Atlantic Fishery. 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. During the quota year, a properly registered striped bass permit or any associated allocation may be transferred only: During the time period established by public notice in accordance with §H of this regulation; and In the increment of allocation established by public notice in accordance with §H of this regulation. 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. 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. 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. 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. Permanent Transfers. A properly registered striped bass permit may be permanently transferred by the owner of the permit if: The owner makes application to the Department requesting transfer; The transferee is a valid commercial tidal fish licensee, if the transferee is not receiving the transferor's commercial tidal fish license; The applicable fees required by Natural Resources Article, §4-701, Annotated Code of Maryland have been paid; and All striped bass permits and associated tags are returned to the Department. The owner of a properly registered striped bass permit may permanently transfer: A striped bass permit without transferring the owner’s tidal fish license; The owner's share, or any portion of that share, without transferring the owner's tidal fish license or striped bass permit; 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 The owner's share and all striped bass permits, along with the owner's tidal fish license. 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: During the time period as established by public notice in accordance with §H of this regulation; and In the increment of share as established by public notice in accordance with §H of this regulation. 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. 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. 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. 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. Modification of Transfer Conditions. 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. Permits and Tags. 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: Have in possession: A commercial tidal fish license; A striped bass permit; and Unused tamper-evident tags issued by the Department to the licensee or received by the licensee through a transfer; In the Atlantic fishery, securely affix a tag issued by the Department to the licensee, as provided in §A(1) of this regulation, or a tag received through a transfer, through the mouth and one gill opening: Immediately to a striped bass harvested by hook and line; Within 200 yards of the pound net to a striped bass harvested from a pound net; or Before removing a striped bass from a boat or removing a boat from the water, to a striped bass harvested by any other gear; In the Chesapeake Bay individual transferable quota fishery, securely affix a tag issued by the Department to the licensee, as provided in §A(1) of this regulation, or a tag received through a transfer, through the mouth and one gill opening before removing a striped bass from a boat or removing a boat from the water; and Except as required by Regulation .04F and G of this chapter, return the assigned striped bass permit or permits and any unused tags to the Department within 14 days immediately following the end of the quota year. Striped bass tags: May not be reused, defaced, modified, or counterfeited; Shall reflect the commercial fishery in which the striped bass were harvested; Shall be securely affixed to a whole striped bass or accompany fillets until sale to the final consumer; Shall only be used by the commercial tidal fish licensee to whom they were assigned, except as described in §A(3)(e) of this regulation; and Shall be transferred to the recipient of any allocation or shares in a transfer as described in COMAR 08.02.15.04. 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. Importation. 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: Accompanied by proof of origin which details numbers and total weight of striped bass for each container; and Individually tagged with a tamper-evident sealed tag which: Is made of plastic, nylon, or metal, Indicates state of origin, and Is securely affixed through the mouth and one gill opening. 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. Check Stations. The Secretary shall: 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. Check-In. 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: Specify numbers and weight of fish, date checked, and commercial tidal fish license number on the daily logsheet issued by the Department, and striped bass permit; Complete a daily logsheet issued by the Department, mail a copy to the Department by Tuesday of the following week, and maintain a copy; Record the number of pounds checked in on the licensee's striped bass permit; and Adjust the remaining annual allocation by subtracting the total daily harvest. Reporting Requirements. 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. Inspection. 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: For a first offense, the suspension shall be 15 days; For a second offense, the suspension shall be 30 days; and For a third offense, the license shall be revoked. 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 tidal fish licensee, recreational angler, or check station shall cooperate with Department-approved surveys and catch inspection necessary for harvest and bycatch determination, and biological characterization. Penalties. In addition to any other penalties provided in this subtitle, an individual’s striped bass permit or seafood dealer authorization may be suspended for up to 2 years for: A conviction for violating any provision of this chapter; or A violation of any reporting requirement of this chapter. Chesapeake Bay and Its Tidal Tributaries. Quota. The annual target harvest for the commercial fishery is 42.5 percent of the overall Maryland quota. Size Limits. The minimum legal size for the commercial fishery is 18 inches total length. The maximum legal size for the commercial fishery is 36 inches total length. Seasons. The commercial seasons for taking striped bass for permittees registered in the Chesapeake Bay individual transferrable quota fishery are as follows: The haul seine season is June 1 through the last day of February; The hook and line season is June 1 through December 31; The pound net season is June 1 through December 31; and The drift gill net season is December 1 through the last day of February. The Secretary shall allocate the annual target harvest for the following fisheries: Chesapeake Bay Individual Transferrable Quota; and Atlantic Ocean, its coastal bays and their tidal tributaries. Initial Calculation of Shares in the Fisheries of the Chesapeake Bay and Its Tidal Tributaries. A tidal fish licensee with a striped bass permit registered in the Chesapeake Bay and its tidal tributaries as of May 10, 2013 shall receive a share of the striped bass fishery in accordance with this section. Pound Net and Haul Seine. The amount of shares to be divided among the pound net and haul seine fisheries is 33 percent of the Chesapeake Bay commercial quota. Tidal fish licensees with a striped bass permit registered in the pound net fishery as of May 10, 2013 shall each receive an equal share. Tidal fish licensees with a striped bass permit registered in the haul seine fishery as of May 10, 2013 shall each receive a share equal to the amount of one third of the share assigned to a striped bass permit registered in the pound net fishery as of May 10, 2013. Gill Net and Hook and Line. The amount of shares to be divided among the gill net and hook and line fisheries is 67 percent of the overall commercial quota. Each tidal fish licensee with a striped bass permit registered in either the gill net or hook and line fisheries as of May 10, 2013 shall receive an equal share of 25 percent of the gill net and hook and line quota. In addition to the initial baseline share described in §A(6)(c)(ii) of this regulation, each tidal fish licensee with a striped bass permit registered in either the gill net or hook and line fisheries as of May 10, 2013 may receive additional shares of the remaining 75 percent of the gill net and hook and line quota based on the average poundage of the striped bass harvested by the permittee during the period January 1, 2001 through February 29, 2012. The Secretary may: Reassign a commercial tidal fish licensee's allocation if the licensee has not registered for the allocation; Modify the allocation of all commercial tidal fish licensees during the season; Consider an appeal of the initial calculation of shares in the fisheries of the Chesapeake Bay and its tidal tributaries under §A(6) of this regulation; and Modify the shares of all commercial tidal fish licensees in an equal manner prior to the beginning of the quota year. 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. Atlantic Ocean, its Coastal Bays and Their Tributaries. 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. A tidal fish licensee with a striped bass permit registered in the Atlantic Ocean, its coastal bays, and their tidal tributaries shall receive a share of the striped bass fishery in accordance with this section. A tidal fish licensee shall receive an equal share for each of their permits registered in the Atlantic Ocean fishery. A tidal fish licensee may receive a maximum share equal to four permits registered in the Atlantic Ocean fishery. Drift Gill Net Fishery Limitations. 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: Only attended drift gill nets, as defined in COMAR 08.02.25.01B, with a stretched mesh size of not less than 5 inches or greater than 7 inches are permitted for the taking of striped bass; The total length of drift gill net aboard a boat may not exceed 3,500 yards and may not be contained in more than ten containers; A gill net may not be used to harvest fish or possessed aboard a vessel, unless the gill net has: Each marker, cork, or float marked with the licensee's commercial tidal fish number; or A float line with a marker permanently affixed every 50 feet bearing the licensee's commercial tidal fish number; and A drift gill net may be used on a Saturday or Sunday. 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. A drift gill net set in the Chesapeake Bay or Atlantic Ocean shall be marked, by the licensee, at one end by a square flag measuring at least 144 square inches, supported by a staff sufficient to maintain the flag bottom at least 3 feet above the surface of the water. The end of a gill net opposite the flag marker shall be marked by either a triangular flag of at least 144 square inches or a floating marker with a volume of at least 460 cubic inches. Each flag or floating marker shall be marked with the licensee's commercial tidal fish license number. 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. Commercial Hook and Line Fishery Limitations. While using commercial hook and line, a person may not catch or attempt to catch striped bass: Between 1 hour after sunset and 1 hour before sunrise; or At any time on a Saturday or Sunday. Pound Net Fishery Limitations. 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. General. 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 Atlantic fishery is not in violation of this chapter if their landings do not exceed their allocation by more than the tolerance described in §F(2)(b) of this regulation. The tolerance for the Atlantic fishery is the greater of either 50 pounds or 4 percent of the remaining allocation available to the permit holder on the final trip when the allocation is fully harvested. 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. Seasons and Areas. From May 1 through May 15, a person may catch or possess striped bass only in the following areas: Chesapeake Bay north of the William Preston Lane Jr. Memorial Bridge northern span, with the following boundaries: Western boundary — east of a line beginning at a point at or near the west end of the north span of the William Preston Lane Jr. Memorial Bridge, defined by Lat. 39°00.52'N and Long. 76°24.24'W; then running northerly along the shore to a point at or near Persimmon Point, defined by Lat. 39°03.16'N and Long. 76°26.33'W; then running approximately 34° True to a point at or near Mountain Point, defined by Lat. 39°03.55'N and Long. 76°25.99'W; then running northerly along the shore to a point at or near Bodkin Point, defined by Lat. 39°07.98'N and Long. 76°25.83'W; then running approximately 358° True to a point at or near Buoy “2B” at the mouth of Patapsco River, defined by Lat. 39°10.71'N and Long. 76°25.95'W; Northern boundary — south of a line beginning at a point at or near Buoy “2B” at the mouth of the Patapsco River, defined by Lat. 39°10.71'N and Long. 76°25.95'W; then running approximately 111° True along the Brewerton Channel to a point at or near Buoy “10”, defined by Lat. 39°10.35'N and Long. 76°24.74'W; then running approximately 110° True to a point at or near Buoy “8”, defined by Lat. 39°10.00'N and Long. 76°23.51'W; then running approximately 112° True to a point at or near Buoy “6”, defined by Lat. 39°09.61'N and Long. 76°22.30'W; then running approximately 111° True to a point at or near Buoy “4”, defined by Lat. 39°09.25'N and long. 76°21.08'W; then running approximately 111° True to a point at or near Buoy “2BE” at the east end of the Brewerton Channel, defined by Lat. 39°08.92'N and Long. 76°19.98'W; then running approximately 90° True to a point at or near Buoy “12”, defined by Lat. 39°08.91'N and Long. 76°19.15'W; then running approximately 91° True to a point at or near Swan Point, defined by Lat. 39°08.89'N and Long. 76°16.69'W; and Eastern and southern boundary — west of a line beginning at a point at or near Swan Point, defined by Lat. 39°08.89'N and Long. 76°16.69'W; then running approximately 141° True to a point at or near Huntingfield Point, defined by Lat. 39°07.13'N and Long. 76°14.85'W; then running southerly along the shore of Eastern Neck to a point at or near Wilson Point, defined by Lat. 39°03.19'N and Long. 76°13.66'W; then running approximately 216° 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; then running approximately 263° True to a point at or near Love Point, defined by Lat. 39°02.40'N and Long. 76°18.16'W; then running southerly along the shore of Kent Island to a point at or near the east end of the north span of the William Preston Lane Jr. Memorial Bridge, defined by Lat. 38°59.08'N and Long. 76°20.41'W; then running westerly along the north span of the William Preston Lane Jr. Memorial Bridge to a point at or near the west end of the north span of the William Preston Lane Jr. Memorial Bridge, defined by Lat. 39°00.52'N and Long. 76°24.24'W. Between the William Preston Lane Jr. Memorial Bridge northern span and the Maryland-Virginia state line excluding all bays, sounds, tributaries, creeks, and rivers, except Tangier Sound and Pocomoke Sound. All of the Maryland waters of the Potomac River, and its tidal tributaries, downstream of a line beginning at a point at or near the east end of the Nice Memorial Bridge (U.S. 301), defined by Lat. 38°21.55'N and Long. 77°00.90'W; then running approximately 80° True to a point at or near the west end of the Nice Memorial Bridge, defined by Lat. 38°21.81'N and Long. 76°59.00'W; and upstream of a line beginning at a point at or near the shore at the north side of the north jetty at Smith Point, defined by Lat. 37°53.40'N and Long. 76°14.23'W; then running approximately 335° True to a point at or near Point Lookout, defined by Lat. 38°02.25'N and Long. 76°19.34'W. From May 16 through May 31, a person may catch or possess striped bass only in the following areas: All of the areas listed in §A(1) of this regulation; All of the waters of the Chesapeake Bay enclosed by a line beginning at a point at or near North Point, defined by Lat. 39°11.71'N and Long. 76°26.53'W; then running approximately 156° True to a point at or near Buoy “2B” at the mouth of the Patapsco River, defined by Lat. 39°10.71'N and Long. 76°25.95'W; then running approximately 111° True to a point at or near Buoy “10”, defined by Lat. 39°10.35'N and Long. 76°24.74'W; then running approximately 110° True to a point at or near Buoy “8”, defined by Lat. 39°10.00'N and Long. 76°23.51'W; then running approximately 112° True to a point at or near Buoy “6”, defined by Lat. 39°09.61'N and Long. 76°22.30'W; then running approximately 111° True to a point at or near Buoy “4”, defined by Lat. 39°09.24'N and Long. 76°21.08'W; then running approximately 111° True to a point at or near Buoy “2BE”, defined by Lat. 39°08.92'N and Long. 76°19.98'W; then running approximately 90° True to a point at or near Buoy “12”, defined by Lat. 39°08.91'N and Long. 76°19.15'W; then running approximately 91° True to a point at or near Swan Point, defined by Lat. 39°08.88'N and Long. 76°16.69'W, then running northerly along the shore of Kent County to a point at or near the end of Maryland Route 21 at Tolchester, defined by Lat. 39°12.91'N and Long. 76°14.63'W; then running approximately 282° True to a point at or near the south corner of the Hart-Miller Island dike, defined by Lat. 39°14.23'N and Long. 76°22.44'W; then running north and west along the Hart-Miller shoreline to a point at or near the west end of Hart-Miller Island, defined by Lat. 39°14.36'N and Long. 76°23.19'W; then running approximately 206° True to a point at or near the east end of Pleasure Island, defined by Lat. 39°14.23'N and Long. 76°23.27'W; then running southwesterly along the Chesapeake Bay shoreline to a point at or near the West end of Pleasure Island, defined by Lat. 39°13.85'N and Long. 76°23.65'W; then running approximately 245° True to a point at or near the east end of Patapsco River Neck, defined by Lat. 39°13.76'N and Long. 76°23.91'W; then running southwesterly along shore to a point at or near the east entrance of Shallow Creek, defined by Lat. 39°12.25'N and Long. 76°25.95'W; then running approximately 251° True to a point at or near the west entrance of Shallow Creek, defined by Lat. 39°12.19'N and Long. 76°26.20'W; then running southwesterly along shore to the point of beginning, defined by Lat. 39°11.72'N and Long. 76°26.53'W; Chester River. All of the waters of Chester River and its tributaries 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 northwesterly point of Eastern Neck Island, defined by Lat. 39°02.77'N and Long. 76°14.05'W; and downstream of a line beginning at a point at or near Hail Point, defined by Lat. 39°00.76'N and Long. 76°12.00'W; then running approximately 216° True to a point at or near Long Point, defined by Lat. 38°58.81'N and Long. 76°13.80'W; then running approximately 271° True to a point at or near Ferry Point, defined by Lat. 38°58.82'N and Long. 76°14.60'W; Choptank River. All of the waters of the Choptank River and its tributaries 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; and downstream of a line beginning at a point at or near Holland Point at the west entrance of Irish Creek, defined by Lat. 38°41.88'N and Long. 76°13.61'W. then running approximately 174° True to a point at or near a point of land at the west entrance of Chapel Creek, defined by Lat. 38°36.59'N and Long. 76°12.91'W; and Patuxent River. All of the waters of the Patuxent River and its tributaries 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°18.59'N and Long. 76°23.99'W; and downstream of a line beginning at a point at or near Point Patience, defined by Lat. 38°19.73'N and Long. 76°29.04'W; then running approximately 236° True to a point at or near the west point of land at the entrance of Little Kingston Creek, defined by Lat. 38°19.40'N and Long. 76°29.67'W. 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. Catch Restrictions. 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. General Restriction. When fishing in any area described in this regulation, all striped bass in a person’s possession shall meet the size and possession limits set forth in regulation for that area. Minimum Size. A person may catch or possess striped bass in the Atlantic Ocean, its coastal bays, and their tributaries between 28 inches and 38 inches, inclusive, total length, or 44 inches or larger, total length. Catch Limit. A person may not take or possess more than two striped bass per day. A person may not use a gaff or similar device to remove striped bass from the water. A person who catches striped bass shall remove it from the water only by hand or dip net. Possession of Striped Bass. 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: Between 12 a.m. midnight and 5 a.m., a person may not possess striped bass while fishing on the tidal waters of the Chesapeake Bay and its tributaries; and An individual may not cull striped bass. Filleting Striped Bass. 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: A striped bass carcass may not be mutilated to the extent that the total length or species of fish cannot be determined; An individual may not possess more than two fillets per legal fish on board a vessel; All striped bass carcasses: Shall be retained, unmixed with any other material, in a separate container readily available for inspection until the vessel has docked and all passengers from that trip have left the vessel and the dock area; and Are included in the possession limit; and All striped bass carcasses from any previous trip shall be disposed of before any person begins to fish on a subsequent trip. Except in ponds, lakes, reservoirs, or impoundments or as authorized by the Secretary, a person may not: 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. In addition to the requirements of this chapter, a person who fishes for striped bass shall be licensed in accordance with Natural Resources Article, §4-701 or 4-745, Annotated Code of Maryland. Mycobacteriosis Tagging Study. 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: Places the striped bass on ice or in a cool shaded area; Calls the toll-free number on the green tag; and Provides the striped bass to a representative of the Department of Natural Resources. Striped bass tagged with the specified fluorescent green tag may be caught using legal fishing gear and possessed: In excess of the daily catch limit; Outside of the striped bass season; Above or below the size limits; and In those areas and times in which capture and possession are otherwise prohibited. Restrictions for Charter Boats. 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. Season Limitations. 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. Seasonal Restrictions for the Recreational and Charter Boat Fishery. Definition. In this section, the following term has the meaning indicated. Term Defined. “Target” means to catch, attempt to catch, harm, harass, or pursue. 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: Susquehanna Flats, upstream of a line from a point at or near Sandy Point, defined by Lat. 39°26.96' N and Long. 76°03.63' W; then running in an easterly direction to a point at or near Turkey Point, defined by Lat. 39°27.13' N and Long. 76°00.70' W and the Susquehanna River downstream from a line connecting a point at or near the Susquehanna State Park boat ramp in Lapidum, defined by Lat. 39°35.86' N and Long. 76°07.67' W; then running in a northeasterly direction to a point at or near Twin Rocks, defined by Lat. 39°36.17' N and Long. 76°07.56' W; then running in a northeasterly direction to a point at or near Tomes Wharf in Port Deposit, defined by Lat. 39°36.23' N and Long. 76°06.99' W; and Northeast River. 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. Natural Resources Article, §§4-206, 4-215, 4-2A-03, 4-2A-04, 4-2A-05, 4-2A-08.1, 4-701, 4-704,4-704.1, 4-731, 4-732, 4-734, 4-745, and 4-745.2, Annotated Code of Maryland Effective date: September 3, 1990 (17:17 Md. R. 2077) Regulations .01, .02, and .05—.13 amended as an emergency provision effective July 1, 1994 (21:15 Md. R. 1298); emergency status extended and Regulations .04 and .10—.12 amended at 21:21 Md. R. 1810; emergency status extended at 22:6 Md. R. 470; emergency status expired April 27, 1995 Regulations .02, .04, .05, .07, .08, .10—.12, and .13 amended as an emergency provision effective September 15, 1993 (20:20 Md. R. 1554); emergency status expired March 31, 1994 Regulation .02B amended effective March 29, 1993 (20:6 Md. R. 580) Regulations .03—.06, .08, and .10 amended and new Regulations .11—.13 adopted as an emergency provision effective July 30, 1991 (18:16 Md. R. 1806); adopted permanently effective November 11, 1991 (18:22 Md. R. 2395) Regulations .04, .08, .10, and .12 amended as an emergency provision effective July 1, 1992 (19:14 Md. R. 1272) Regulations .04, .06, .08, and .10—.12 amended effective September 14, 1992 (19:18 Md. R. 1655) Regulation .10B amended as an emergency provision effective November 23, 1992 (19:24 Md. R. 2123); emergency status expired February 28, 1993 Regulation .10C amended as an emergency provision effective January 1, 1992 (18:26 Md. R. 2826); emergency status expired February 28, 1992 Regulation .11 adopted as an emergency provision effective May 10, 1991 (18:8 Md. R. 860); emergency status expired May 28, 1991 Regulation .12-1 adopted effective April 13, 1992 (19:7 Md. R. 745) Regulation .12-1 amended effective March 29, 1993 (20:6 Md. R. 580) Regulation .12-1 amended as an emergency provision effective April 1, 1994 (21:8 Md. R. 665); emergency status expired September 27, 1994 Regulation .13G adopted effective March 29, 1993 (20:6 Md. R. 580) Chapter revised as an emergency provision effective April 28, 1995 (22:10 Md. R. 701) Chapter revised effective September 25, 1995 (22:19 Md. R. 1472) Regulation .01A amended effective March 9, 2020 (47:5 Md. R. 310) Regulation .02B amended effective April 3, 2000 (27:6 Md. R. 640); June 10, 2002 (29:11 Md. R. 882); April 6, 2009 (36:7 Md. R. 521); August 5, 2013 (40:15 Md. R. 1228); January 1, 2014 (40:25 Md. R. 2068); April 1, 2026 (53:6 Md. R. 286) Regulation .03A amended effective June 10, 2002 (29:11 Md. R. 882) Regulation .03B amended effective April 12, 2004 (31:7 Md. R. 583); February 25, 2008 (35:4 Md. R. 512) Regulation .03C amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000 Regulation .03C amended effective April 3, 2000 (27:6 Md. R. 640); April 12, 2004 (31:7 Md. R. 583) Regulation .03D adopted effective April 12, 2004 (31:7 Md. R. 583) Regulation .03D amended effective January 17, 2005 (32:1 Md. R. 27) Regulation .03D amended as an emergency provision effective April 4, 2006 (33:9 Md. R. 794); emergency status expired August 4, 2006 Regulation .03D amended as an emergency provision effective April 9, 2007 (34:9 Md. R. 823); emergency status expired October 6, 2007 Regulation .03D repealed effective March 9, 2020 (47:5 Md. R. 310) Regulation .03D amended effective February 25, 2008 (35:4 Md. R. 512); March 23, 2009 (36:6 Md. R. 489) Regulation .03E adopted effective March 22, 2010 (37:6 Md. R. 476) Regulation .03E 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) Regulation .03E repealed effective March 9, 2020 (47:5 Md. R. 310) Regulation .04 amended effective June 10, 2002 (29:11 Md. R. 882); July 21, 2003 (30:14 Md. R. 936); April 6, 2009 (36:7 Md. R. 521); November 30, 2009 (36:24 Md. R. 1857); July 23, 2012 (39:14 Md. R. 835); August 5, 2013 (40:15 Md. R. 1228); July 21, 2014 (41:14 Md. R. 798); August 3, 2015 (42:15 Md. R. 1015); March 26, 2018 (45:6 Md. R. 318) ; December 31, 2024 (51:8 Md. R. 366) Regulation .04A amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 682); emergency status expired effective July 1, 2015 Regulation .04B amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131) Regulation .04B amended effective July 17, 2017 (44:14 Md. R. 655); August 26, 2019 (46:17 Md. R. 725) Regulation .04E amended effective August 11, 2008 (35:16 Md. R. 1390); January 1, 2018 (44:26 Md. R. 1214) Regulation .04F amended effective January 1, 2014 (40:25 Md. R. 2068); July 17, 2017 (44:14 Md. R. 655) Regulation .04G amended effective August 8, 2011 (38:16 Md. R. 944); July 17, 2017 (44:14 Md. R. 655); February 8, 2021 (48:3 Md. R. 93) Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 521) Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1390) Regulation .05A, D amended effective June 10, 2002 (29:11 Md. R. 882); August 5, 2013 (40:15 Md. R. 1228); January 1, 2014 (40:25 Md. R. 2068) August 4, 2014 (41:15 Md. R. 889); December 31, 2024 (51:8 Md. R. 366) Regulation .05D amended as an emergency provision effective December 12, 1997 (25:1 Md. R. 14); emergency status expired March 30, 1998 Regulation .05D amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131) Regulations .05D and .07A, G amended as an emergency provision effective November 11, 1996 (23:24 Md. R. 1675); emergency status expired March 31, 1997 Regulation .05D amended effective June 10, 2002 (29:11 Md. R. 882) Regulation .05D amended as an emergency provision effective December 1, 2002 (30:1 Md. R. 20); emergency status expired February 28, 2003 Regulation .05D amended as an emergency provision effective December 1, 2003 (30:25 Md. R. 1842); emergency status expired December 31, 2003 Regulation .06 amended effective January 17, 2005 (32:1 Md. R. 27); November 28, 2011 (38:24 Md. R. 1500) Regulation .06B repealed effective June 10, 2002 (29:11 Md. R. 882) Regulation .06B amended effective April 6, 2009 (36:7 Md. R. 521) Regulation .06C—F amended effective July 21, 2003 (30:14 Md. R. 936) Regulations .07—.12 amended as an emergency provision effective April 25, 1996 (23:10 Md. R. 726); amended permanently effective September 9, 1996 (23:18 Md. R. 1316) Regulation .07 amended as an emergency provision effective June 2, 1997 (24:13 Md. R. 927); emergency status extended at 25:2 Md. R. 72; emergency text changed at 25:8 Md. R. 594; emergency status expired March 30, 1998 Regulation .07 amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131) Regulation .07 amended effective February 25, 2008 (35:4 Md. R. 512); April 6, 2009 (36:7 Md. R. 521); August 5, 2013 (40:15 Md. R. 1228); January 1, 2014 (40:25 Md. R. 2068); July 21, 2014 (41:14 Md. R. 798); February 8, 2021 (48:3 Md. R. 93); December 31, 2024 (51:8 Md. R. 366) Regulation .07A, D amended effective November 30, 2009 (36:24 Md. R. 1857) Regulation .07A, F amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000 Regulation .07A, F amended effective April 3, 2000 (27:6 Md. R. 640) Regulation .07A amended as an emergency provision effective December 1, 2002 (30:1 Md. R. 20); emergency status expired February 28, 2003 Regulation .07A amended effective April 12, 2004 (31:7 Md. R. 583); March 26, 2018 (45:6 Md. R. 318) Regulation .07B amended effective July 21, 2003 (30:14 Md. R. 936); April 12, 2004 (31:7 Md. R. 583); March 30, 2015 (42:6 Md. R. 511) Regulation .07B, D, and F amended as an emergency provision effective January 22, 2002 (29:3 Md. R. 212) Regulation .07B, D, F amended effective June 10, 2002 (29:11 Md. R. 882) Regulation .07B, F amended effective August 31, 2015 (42:17 Md R. 1110) Regulation .07C amended effective March 14, 2016 (43:5 Md. R. 384); November 24, 2025 (52:23 Md. R. 1138) Regulation .07D amended as an emergency provision effective December 1, 2002 (30:1 Md. R. 20); emergency status expired February 28, 2003 Regulation .07D amended as an emergency provision effective December 1, 2003 (30:25 Md. R. 1842); emergency status expired December 31, 2003 Regulation .07D amended effective November 28, 2011 (38:24 Md. R. 1500) Regulation .07E amended effective April 4, 2011 (38:7 Md. R. 429) Regulation .07E, F amended effective January 1, 2018 (44:26 Md. R. 1214) Regulation .07F amended effective April 15, 2013 (40:7 Md. R. 609); March 14, 2016 (43:5 Md. R. 384); March 26, 2018 (45:6 Md. R. 318) Regulation .08 amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131) Regulation .08 amended effective April 12, 2004 (31:7 Md. R. 583) Regulation .08 repealed as an emergency provision effective February 9, 2024 (51:10 Md. R. 520); emergency status expired June 15, 2024 Regulation .08 repealed effective November 25, 2024 (51:23 Md. R. 1036) Regulation .08A amended as an emergency provision effective March 21, 1997 (24:8 Md. R. 613); emergency status expired September 21, 1997 Regulation .08A 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) Regulation .08A amended as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); amended permanently effective June 10, 2002 (29:11 Md. R. 882) Regulation .08A amended effective February 25, 2008 (35:4 Md. R. 512); March 23, 2009 (36:6 Md. R. 489); March 9, 2020 (47:5 Md. R. 310) Regulation .08A, B amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000 Regulation .08A, B amended effective April 3, 2000 (27:6 Md. R. 640) Regulation .08B amended as an emergency provision effective April 4, 2006 (33:9 Md. R. 794); emergency status expired August 4, 2006 Regulation .08B amended as an emergency provision effective April 9, 2007 (34:9 Md. R. 823); emergency status expired October 6, 2007 Regulation .08B amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 683); amended permanently effective July 6, 2015 (42:13 Md. R. 796) Regulation .08B amended effective March 26, 2018 (45:6 Md. R. 318) Regulation .08C amended and D, E repealed effective June 10, 2002 (29:11 Md. R. 882) Regulation .08D amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .09 amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131) Regulation .09 repealed and new Regulation .09 adopted as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000 Regulation .09 repealed and new Regulation .09 adopted effective April 3, 2000 (27:6 Md. R. 640) Regulation .09 amended effective February 25, 2008 (35:4 Md. R. 512); July 16, 2020 (47:14 Md. R. 675); April 1, 2026 (53:6 Md. R, 286) Regulation .09A amended as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); amended permanently effective June 10, 2002 (29:11 Md. R. 882) Regulation .09A amended effective April 12, 2004 (31:7 Md. R. 583); January 17, 2005 (32:1 Md. R. 27); November 25, 2024 (51:23 Md. R. 1036) Regulation .09A amended as an emergency provision effective February 9, 2024 (51:10 Md. R. 520); emergency status expired June 15, 2024 Regulation .09A, B amended as an emergency provision effective March 21, 1997 (24:8 Md. R. 613); emergency status expired September 21, 1997 Regulation .09A, B amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .09A, B amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 683); amended permanently effective July 6, 2015 (42:13 Md. R. 796) Regulation .09A, B 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) Regulation .09A, B amended effective March 9, 2020 (47:5 Md. R. 310) Regulation .10A amended as an emergency provision effective June 2, 1997 (24:13 Md. R. 927); emergency status extended at 25:2 Md. R. 72; emergency status expired March 30, 1998 Regulation .10A amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131) Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000 Regulation .10 repealed and new Regulation .10 adopted effective April 3, 2000 (27:6 Md. R. 640) Regulation .10 amended effective July 16, 2020 (47:14 Md. R. 675) Regulation .10 repealed effective April 1, 2026 (53:6 Md. R. 286 Regulation .10A amended as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); amended permanently effective June 10, 2002 (29:11 Md. R. 882) Regulation .10A amended effective April 12, 2004 (31:7 Md. R. 583); November 25, 2024 (51:23 Md. R. 1036) Regulation .10C amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 683); amended permanently effective July 6, 2015 (42:13 Md. R. 796) Regulation .10C 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) Regulation .10C amended effective March 9, 2020 (47:5 Md. R. 310) Regulation .11A amended effective March 26, 2018 (45:6 Md. R. 318) Regulation .12 amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131) Regulation .12 amended effective June 10, 2002 (29:11 Md. R. 882); January 17, 2005 (32:1 Md. R. 27) Regulation .12B amended as an emergency provision effective October 16, 2006 (33:23 Md. R. 1793); emergency status expired December 1, 2006 Regulation .12C amended effective January 1, 2014 (40:25 Md. R. 2068); November 25, 2024 (51:23 Md. R. 1036) Regulation .12F adopted as an emergency provision effective May 11, 2007 (34:15 Md. R. 1345); emergency status expired November 7, 2007 Regulation .12F adopted effective February 25, 2008 (35:4 Md. R. 512) Regulation .12G amended effective April 4, 2011 (38:7 Md. R. 429); April 1, 2026 (53:6 Md. R, 286) Regulation .12G, H amended effective July 16, 2020 (47:14 Md. R. 675) Regulation .12H amended effective April 12, 2004 (31:7 Md. R. 583); February 25, 2008 (35:4 Md. R. 512); March 23, 2009 (36:6 Md. R. 489); November 28, 2011 (38:24 Md. R. 1500) Regulation .12H, I amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000 Regulation .12H, I amended effective April 3, 2000 (27:6 Md. R. 640); August 5, 2013 (40:15 Md. R. 1228) Regulation .12I adopted effective March 9, 2020 (47:5 Md. R. 310) Regulation .12I amended effective May 31, 2021 (48:11 Md. R. 428); November 25, 2024 (51:23 Md. R. 1036); April 1, 2026 (53:6 Md. R, 286) Regulation .12I amended as an emergency provision effective February 9, 2024 (51:10 Md. R. 520); emergency status expired June 15, 2024