# COMAR Title 08 — Department of Natural Resources

## Subtitle 02 — Fisheries Service

### Chapter 25 — Gear

**Authority:** Natural Resources Article, §§4-215, 4-221, 4-505, 4-701.1, 4-701.2, 4-711, and 4-713, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.02 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); adopted permanently effective December 23, 2013 (40:25 Md. R. 2067)

**Administrative History:** Regulation .02C amended as an emergency provision effective March 20, 2014 (41:8 Md. R. 467); emergency provision expired effective September 16, 2014

**Administrative History:** Chapter revised effective September 29, 2014 (41:19 Md. R. 1076)

**Administrative History:** Chapter revised effective September 29, 2014 (41:19 Md. R. 1076)

**Administrative History:** Regulation .01B amended effective March 27, 2017 (44:6 Md. R. 325); March 26, 2018 (45:6 Md. R. 318)

**Administrative History:** Regulation .01B amended as an emergency provision effective May 3, 2018 (Md. R. 45:11 577); amended permanently effective July 2, 2018 (45:13 Md. R. 664)

**Administrative History:** Regulation .02 amended effective March 27, 2017 (44:6 Md. R. 325)

**Administrative History:** Regulation .02B amended effective March 14, 2016 (43:5 Md. R. 384)

**Administrative History:** Regulation .03 amended effective February 8, 2021 (48:3 Md. R. 93)

**Administrative History:** Regulation .03A, B amended effective March 14, 2016 (43:5 Md. R. 384)

**Administrative History:** Regulation .03A, C amended effective March 9, 2020 (47:5 Md. R. 310)

**Administrative History:** Regulation .03B amended effective March 17, 2025 (52:5 Md. R. 237)

**Administrative History:** Regulation .03B, E amended effective November 25, 2024 (51:23 Md. R. 1036), April 1, 2026 (53:6 Md. R 286)

**Administrative History:** Regulation .03C amended as an emergency provision effective May 3, 2018 (Md. R. 45:11 577); amended permanently effective July 2, 2018 (45:13 Md. R. 664)

**Administrative History:** Regulation .03F amended effective March 27, 2017 (44:6 Md. R. 325)

**Administrative History:** Regulation .04 adopted effective March 27, 2017 (44:6 Md. R. 325)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .05 adopted effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .06 adopted effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .06 amended effective December 12, 2022 (49:25 Md. R. 1049)

**Administrative History:** Regulation .06G amended effective October 7, 2019 (46:20 Md. R. 843)

**Administrative History:** Regulation .06H amended effective February 5, 2024 (50:2 Md. R. 76)

**Administrative History:** Regulation .06I repealed effective October 7, 2019 (46:20 Md. R. 843)

**Administrative History:** Regulation .07 adopted effective January 1, 2018 (44:26 Md. R. 1214)

**Administrative History:** Regulation .07E amended effective March 21, 2022 (49:6 Md. R. 405)

**Administrative History:** Regulation .08 adopted effective August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .09 adopted effective March 23, 2020 (47:6 Md. R. 340)

#### Regulation .01 Gear Definitions.

*COMAR 08.02.25.01*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Archery equipment” means a vertical bow or a crossbow.

  (2) “Bank pole” means a line and hook dangling into a river, stream, or lake that has the other end attached to a pole which is stuck into the ground.

  (3) “Bush-bob” means a line and hook dangling into a river, stream, or lake that has the other end attached to an overhead tree or bush limb.

  (4) “Cast net” means a circular monofilament or multi-ply net with weights distributed around its edge that is cast or thrown by hand in such a manner that it spreads out on the water and sinks.

  (5) “Chumming” means placing fish, parts of fish, or other natural or manmade attractants upon which fish might feed, in the water, not attached to a hook, for the purpose of attracting fish to a particular area so that they might be caught.

  (6) “Circle hook” means a non-offset hook with the point turned perpendicularly back to the shank.

  (7) “Dip net” means a mesh bag of netting which is suspended from a circular, oval, or a rectangular frame attached to a long handle or rope.

  (8) “Eel pot” means an enclosure constructed of wire having:

    (a) A square mesh size not less than 1/2 inch; or

    (b) If the mesh is smaller than 1/2 inch by 1/2 inch, an escape panel installed in an exterior wall of the retention chamber measuring at least 16 square inches made of 1/2 inch by 1/2 inch mesh.

  (9) “Finfish trotline” means a length of rope or line, buoyed at both ends with one or more anchors, which is baited with hooks set at intervals for the purpose of catching finfish.

  (10) “Fish pot” means a single, finfish entrapment net device, without associated wings or leads, consisting of:

    (a) An enclosure of various shapes covered with mesh webbing of not less than 1-1/2 inch mesh size;

    (b) One or more conical entrance funnels; and

    (c) One or more unobstructed escape vents, in the holding chamber, of at least 2-1/2 inches in diameter, if circular, or 2-1/2 inches mesh size if square.

  (11) “Fyke net” means a stationary finfish entrapment net device, without a pound or crib, consisting of:

    (a) A series of hoops covered by mesh webbing of #12, or larger, twine of not less than 1-1/2 inch mesh size;

    (b) No more than one set of wings;

    (c) A leader or hedging not longer than 250 feet consisting of #12, or larger, twine and with a minimum mesh size of 3 inches;

    (d) In nets with a mesh size less than 2-1/2 inches, a cull panel at least 1 foot by 1 foot with unobstructed escape meshes when set with a minimum mesh size of 2-1/2 inches;

    (e) A single entrance funnel; and

    (f) One or more internal funnel shaped throats.

  (12) “Gig” means an implement with a shaft and three-pronged barbed point which is either thrust or thrown by hand.

  (13) “Gill net” means a net which:

    (a) Is maintained in a vertical position in the water with sinkers, floats, or stakes, or a combination of sinkers, floats, and stakes; and

    (b) Captures fish by means of a mesh too small to permit passage of the body of the fish or withdrawal of the head once the posterior margin of the gill covers has passed through the mesh.

  (14) “Gill net, anchored” means a gill net that is stationary in the water and secured to the bottom by weights on either end or along the bottom line which prevent the gill net from drifting freely with the tide or current.

  (15) “Gill net, attended” means the licensee remains in the boat within 2 miles of the gill net while it is in waters of the Chesapeake Bay, or within 1 mile when the gill net is in waters of the Atlantic Ocean, its coastal bays and their tributaries, or a tributary of the Chesapeake Bay.

  (16) “Gill net, drift” means a gill net not secured to or anchored to the bottom, designed to drift with the natural or prevailing tidal current, including a gill net rigged with up to 20 pounds of weight at each end, in addition to that weight required to achieve negative buoyancy.

  (17) “Gill net, stake” means a gill net hung from or supported by stakes which are set in a row and driven into the bottom.

  (18) “Hand” means a method of fishing whereby an individual uses their own hand to physically capture the fish.

  (19) “Handline” means a fishing line attended primarily by hand.

  (20) “Haul seine” means an encircling type of net with wings, brail lines and poles, and a bunt or pocket, and with the following characteristics:

    (a) Made of at least #12 twine;

    (b) Wings not greater than 15 feet in width at the attachment with the brail poles or brail line;

    (c) A width or depth not exceeding 22 feet at the bunt or back; and

    (d) A width of the bunt or back not greater than 100 feet.

  (21) “Hook and line” means a line free of mechanical devices except for reels attached to a pole or rod or held in hand and attended in a manner that the fish is caught by the hook.

  (22) “Hook unit” means a lure with multiple hooks.

  (23) “Hoop net” means a single finfish entrapment net device consisting of:

    (a) An enclosure formed by a series of hoops covered by mesh webbing of #12, or larger, twine, of not less than 1-1/2 inch mesh size;

    (b) One or more internal funnel-shaped throats;

    (c) A single entrance funnel;

    (d) No wings and leader; and

    (e) In nets with a mesh size less than 2-1/2 inches, a cull panel at least 1 foot by 1 foot with unobstructed escape meshes when set having a minimum mesh size of 2-1/2 inches.

  (24) “J hook” means a hook having a point parallel to the hook shank.

  (25) “Jug” means a method of fishing that uses lines suspended from floating containers or devices.

  (26) “Landing net” means a mesh bag which is suspended from a circular, oval, or rectangular frame attached to a short handle which is operated by hand to capture a fish which is being caught by other means.

  (27) “Live-lining” means using a live finfish on a hook for the purpose of catching other fish with:

    (a) Hook and line;

    (b) Rod and reel; or

    (c) Handlines.

  (28) “Lure” means an artificial bait used for catching fish.

  (29) “Net” means a mesh webbing panel or multiple panels, whether continuous or discontinuous, which may be joined in various configurations for the capture of fish.

  (30) “Noodling” means a method of catching fish using one’s hands or feet while in the water.

  (31) “Number 12 twine” means tightly twisted or braided nylon fibers, which are between 0.043 and 0.048 inches in diameter when compressed.

  (32) “Offset hook” means a hook with the point and barb not in the same plane with the shank.

  (33) “Pound net” means a fixed finfish entrapment net device consisting of:

    (a) One or more pounds or cribs each measuring at least 16 feet long by 16 feet wide at the surface of the water with a netting floor and open top;

    (b) Mesh webbing with a twine size of #12 or larger;

    (c) At least one heart leading into the crib;

    (d) A leader or hedging consisting of #12 twine or larger and with a minimum mesh size of 3 inches; and

    (e) No other type of fishing device, netting, or wire within the pound or crib.

  (34) “Rod” means a pole, cane, or stick to which a line can be attached directly.

  (35) “Rod and reel” means a pole with a line and usually a line winding mechanism, attached at the bottom of the pole, and is turned by a crank so that the line is wound around a barrel.

  (36) “Seine” means an encircling type of net with mesh.

  (37) “Slat basket” means a wooden box that funnels fish down into a holding area that is usually baited.

  (38) “Snagging” means actively fishing with a hook that intentionally foul-hooks the fish outside the mouth.

  (39) “Spear” means a shaft with one sharp point and/or a barb for capturing a fish by piercing its body.

  (40) “Spear gun” means any type of device used for propelling a spear under water by any means other than manual in order to catch fish.

  (41) “Stinger hook” means any hook which trails another hook or hook unit, either by direct physical attachment to the lead hook or hook unit, or by a connective device such as a line, swivel or chain, and is part of the same bait or lure.

  (42) “Tip up” means a device used in ice fishing in which a signal flag is raised when a fish takes the bait.

  (43) “Trap” means a single, bait finfish entrapment device, without associated wings or leads, and consisting of:

    (a) An enclosure of various shapes covered with mesh of not greater than 1/2-inch square mesh size for tidal waters and 1/4-inch square mesh for nontidal waters;

    (b) One or more entrances with an opening not more than 2 inches in diameter in tidal waters or not more than 1 inch in diameter in nontidal waters; and

    (c) No dimension greater than 24 inches in any direction.

  (44) “Trip” means the duration which begins with departure of the fishing vessel from a shore-based location and which terminates with return to a shore-based location.

  (45) “Trolling” means the method of angling during which fish are attracted to a lure or bait being trailed from a boat which is moving forward or backward by mechanical, manual, or wind power.

#### Regulation .02 Recreational Gear — Nontidal Waters.

*COMAR 08.02.25.02*

A. Recreational Gear.

  (1) An individual may only use the gear specified in this regulation to catch fish for recreational purposes from nontidal waters.

  (2) An individual shall comply with all seasons, creel limits, size limits, and other species-specific regulations as specified under this subtitle and Natural Resources Article, Title 4, Annotated Code of Maryland.

B. Traps.

  (1) An individual may not take or attempt to take fish with a trap in any trout management area described in COMAR 08.02.11.01C, D, G, and H.

  (2) An individual may not use more than one trap.

  (3) A trap shall be:

    (a) Marked with the individual’s

      (i) Name and address; or

      (ii) DNRid number; and

    (b) Checked daily.

  (4) A trap shall be set:

    (a) Within 100 feet of the shore, and:

      (i) Attached by a line to the property, pier or dock; or

      (ii) Marked by a buoy or pole and sign; or

    (b) By attaching the trap to a boat that is not docked.

  (5) If a trap is set on private property, the trap owner shall obtain the landowner’s permission prior to setting the trap.

  (6) If a trap is set on public property, the trap shall be set within 100 feet of the owner.

C. Active Line Fishing Gear.

  (1) Individuals catching fish in nontidal waters may only use the following active line fishing gear:

    (a) Hook and line;

    (b) Rod and reel; and

    (c) Handline.

  (2) The gear listed in §C(1) of this regulation shall be used in a manner in which the individual is handling the gear or actively in control of the gear.

  (3) No more than two hook units per line may be used on the gear listed in §C(1) of this regulation.

  (4) Except when ice fishing, a maximum of three or a combination of three of the gear listed in §C(1) of this regulation may be used by an individual fishing in nontidal waters.

  (5) When ice fishing, a maximum of five tip ups or rods may be used.

  (6) Snagging is not legal in State waters.

D. Nets.

  (1) Individuals catching fish in nontidal waters may only use the following nets:

    (a) Seines;

    (b) Dip nets; and

    (c) Landing nets.

  (2) Except for a landing net, a nonresident may not use nets in nontidal waters.

  (3) Except for a landing net, nets may not be used in waters described in COMAR 08.02.11.01B—H.

  (4) A person may not bait a net.

  (5) Seines in nontidal waters:

    (a) Shall have mesh no greater than 1/4 inch;

    (b) May not exceed 6 feet in width and 4 feet in height;

    (c) Shall only be used to catch minnows and other bait fish;

    (d) May not be used within 50 yards of the base of any dam or the mouth of any river or tributary; and

    (e) Shall only be emptied from shore.

  (6) Dip nets:

    (a) May be used in areas of the Potomac River, Monocacy River, and Conococheague Creek that lie within Allegany, Carroll, Frederick, and Washington counties to catch the following fish species:

      (i) Carp;

      (ii) Catfish;

      (iii) Northern snakehead; and

      (iv) Suckers; and

    (b) May not be used in any other area or to catch any other species.

  (7) Landing nets in nontidal waters may be used to land a fish which is being caught by other means.

E. Projectile Gear.

  (1) Individuals catching fish in nontidal waters may only use the following projectile gear:

    (a) Archery equipment;

    (b) Gig;

    (c) Spear; and

    (d) Spear gun.

  (2) Except for a gig, projectile gear shall have a retrieval line attached to it.

  (3) A gig may only be propelled by hand.

  (4) An individual may use projectile gear to take any fish except for the following species:

    (a) All trout species;

    (b) Walleye;

    (c) Striped bass;

    (d) Striped bass hybrids;

    (e) Northern pike;

    (f) Muskellunge;

    (g) Muskellunge hybrids, including tiger musky;

    (h) Largemouth and smallmouth bass;

    (i) Snapping turtles; and

    (j) Any species listed as threatened or endangered under COMAR 08.03.08.

  (5) An individual may not take or attempt to take any fish with a projectile gear in any trout management area described in COMAR 08.02.11.01B—H.

  (6) An individual may not take or attempt to take any fish with a projectile gear in State-controlled community ponds or lakes.

  (7) Additional Restrictions.

    (a) Except as provided in §E(7)(b) of this regulation, a person may not shoot projectile gear within 100 yards of any:

      (i) Human being;

      (ii) Private or public swimming area;

      (iii) International diving flag;

      (iv) Occupied duck blind; or

      (v) Vessel other than the vessel occupied by the individual using the projectile gear.

    (b) The distance restriction in §E(7)(a) of this regulation does not apply:

      (i) To the use of gigs; or

      (ii) If the person using the projectile gear receives permission from all affected parties within that area prior to engaging in fishing activities.

F. Hand Gear. Individuals catching fish in nontidal waters may only use the following hand gear:

  (1) Hand; and

  (2) Noodling.

#### Regulation .03 Recreational Gear — Tidal Waters.

*COMAR 08.02.25.03*

A. Recreational Gear.

  (1) Recreational gear for catching clams, crabs, and oysters is regulated elsewhere in Natural Resources Article, Title 4, Annotated Code of Maryland, and COMAR 08.02 and is excluded from this regulation.

  (2) An individual may only use the gear specified in this regulation to catch fish for recreational purposes from tidal waters.

  (3) An individual using gear in accordance with this chapter shall comply with all seasons, creel limits, size limits, and other species-specific rules as specified under this subtitle and Natural Resources Article, Title 4, Annotated Code of Maryland.

B. Hook Requirements — Chesapeake Bay and Its Tidal Tributaries.

  (1) Chumming and Live-Lining.

    (a) When chumming, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook.

    (b) Except as provided in §§B(1)(c) and (d), when live-lining, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook.

    (c) When live-lining with a species of finfish listed in COMAR 08.02.20.02C, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a:

      (i) Circle hook; or

      (ii) “J” hook.

    (d) Except when using spot or white perch, when live-lining with a finfish that is 4 inches or less in length, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a:

      (i) Circle hook; or

      (ii) “J” hook.

  (2) When fishing for striped bass, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook when using fish, crabs, or worms as bait, or processed bait.

  (3) During the period March 1 through May 15, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:

    (a) May not use stinger hooks;

    (b) Shall only use barbless hooks while trolling; and

    (c) In addition to the requirements in §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, shall only use a:

      (i) Circle hook; or

      (ii) “J” hook with a gap of less than or equal to 1/2 inch between the point and the shank.

  (4) During the period May 16 through December 31, in addition to the requirements in §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a:

    (a) Circle hook; or

    (b) “J” hook.

C. Hook Requirements—Atlantic Ocean, Its Coastal Bays, and Their Tributaries. When fishing for striped bass, a person recreationally angling in the Atlantic Ocean, its coastal bays, or their tributaries shall only use a circle hook when using fish, crabs, or worms as bait, or processed bait.

D. Traps.

  (1) An individual may not use more than one trap.

  (2) A trap shall be:

    (a) Marked with the individual’s DNRid number; and

    (b) Checked daily.

  (3) A trap shall be set:

    (a) Within 100 feet of the shore, and:

      (i) Attached by a line to the property, pier or dock; or

      (ii) Marked by a buoy or pole and sign; or

    (b) By attaching the trap to a boat that is not docked.

  (4) If a trap is set on private property, the trap owner shall obtain the landowner’s permission prior to setting the trap.

  (5) If a trap is set on public property, the trap shall be set within 100 feet of the owner.

E. Active Line Fishing Gear.

  (1) Individuals catching fish in tidal waters may only use the following active line fishing gear:

    (a) Hook and line;

    (b) Rod and reel; and

    (c) Handline.

  (2) The gear listed in §E(1) of this regulation shall be used in a manner in which the individual is handling the gear or actively in control of the gear.

  (3) No more than two hook units per line may be used on the gear listed under §E(1) of this regulation.

  (4) Snagging is not legal in State waters.

  (5) During the period March 1 through May 15, no more than six lines, regardless of the number of people on board a vessel, may be used for recreationally angling from a boat when trolling in the Chesapeake Bay or its tidal tributaries.

F. Nonactive Line Fishing Gear.

  (1) The only nonactive line fishing gear that an individual may use to catch fish in tidal waters is a jug.

  (2) An individual may use up to 10 jugs.

  (3) Jugs:

    (a) Shall have no more than 2 hooks per line and no more than one line per jug;

    (b) May only be used in tidal tributaries of the Chesapeake Bay;

    (c) May only be used from July 1 through the last day of February;

    (d) Shall be marked with the individual’s DNRid number;

    (e) Shall be attended between the hours of sunset and sunrise; and

    (f) May be used to take any fish except for the following species:

      (i) Largemouth and smallmouth bass;

      (ii) Striped bass;

      (iii) All shark species;

      (iv) Snapping turtles; or

      (v) Any species listed as threatened or endangered under COMAR 08.03.08.

G. Nets.

  (1) Individuals catching fish in tidal waters may only use the following nets:

    (a) Cast nets;

    (b) Seines;

    (c) Dip nets; and

    (d) Landing nets.

  (2) Cast nets shall have a radius not exceeding 10 feet.

  (3) Seines in tidal waters:

    (a) Shall have mesh no greater than 1/4 inch;

    (b) May not exceed 50 feet in width and 5 feet in height;

    (c) Shall only be used to catch minnows and other bait fish;

    (d) May not be emptied from a boat; and

    (e) May not be emptied on the shore or in water less than 12 inches deep.

  (4) An individual may use a landing net to land a fish which is being caught by other means.

  (5) A person may not bait a net.

H. Projectile Gear.

  (1) Individuals catching fish in tidal waters may only use the following projectile gear:

    (a) Archery equipment;

    (b) Gig;

    (c) Spear; and

    (d) Spear gun.

  (2) Except for a gig, projectile gear shall have a retrieval line attached to it.

  (3) A gig may only be propelled by hand.

  (4) An individual may use projectile gear to take any fish except for the following species:

    (a) All trout species;

    (b) Walleye;

    (c) Striped bass;

    (d) Striped bass hybrids;

    (e) Northern pike;

    (f) Muskellunge;

    (g) Muskellunge hybrids, including tiger musky;

    (h) Largemouth and smallmouth bass;

    (i) Snapping turtles;

    (j) All shark species;

    (k) American lobster; and

    (l) Any species listed as threatened or endangered under COMAR 08.03.08.

  (5) Additional Restrictions.

    (a) Except as provided in §F(5)(b) of this regulation, a person may not shoot projectile gear within 100 yards of any:

      (i) Human being;

      (ii) Private or public swimming area;

      (iii) International diving flag;

      (iv) Occupied duck blind; or

      (v) Vessel other than the vessel occupied by the individual using the projectile gear.

    (b) The distance restriction in §F(5)(a) of this regulation does not apply:

      (i) To the use of gigs; or

      (ii) If the person using the projectile gear receives permission from all affected parties within that area prior to engaging in fishing activities.

I. Hand Gear. Individuals catching fish in tidal waters may only use the following hand gear:

  (1) Hand; and

  (2) Noodling.

#### Regulation .04 Commercial Gear — General.

*COMAR 08.02.25.04*

A. An individual is not considered in violation of Natural Resources Article, §4-505, Annotated Code of Maryland, if the individual:

  (1) Is designated as an operator or co-user in accordance with this subtitle; or

  (2) Harvests fish in accordance with §B of this regulation.

B. A licensee may harvest fish from gear belonging to another individual and is not considered in violation of Natural Resources Article, §4-505, Annotated Code of Maryland, if:

  (1) The licensee has permission of the gear owner or designated co-user;

  (2) The gear owner or designated co-user is present at the piece of gear while the harvest occurs;

  (3) The licensee has obtained and is in possession of a valid permit necessary for the species being harvested; and

  (4) Both licensees are in possession of their tidal fish license.

#### Regulation .05 Commercial — Archery Equipment.

*COMAR 08.02.25.05*

A. Archery equipment shall have a retrieval line attached to any projectile.

B. An individual may use archery equipment to take any fish during an open commercial season except for the following species:

  (1) All shark species;

  (2) American lobster;

  (3) Muskellunge;

  (4) Muskellunge hybrids, including tiger musky;

  (5) Northern pike;

  (6) Snapping turtles;

  (7) Striped bass;

  (8) Striped bass hybrids;

  (9) Walleye; and

  (10) Any species listed as threatened or endangered under COMAR 08.03.08.

C. Additional Restrictions.

  (1) Except as provided in §C(2) of this regulation, a person may not shoot archery equipment within 100 yards of any:

    (a) Human being;

    (b) Private or public swimming area;

    (c) International diving flag;

    (d) Occupied duck blind; or

    (e) Vessel other than the vessel occupied by the individual using archery equipment.

  (2) The distance restriction in §C(1) of this regulation does not apply if the person using the archery equipment receives permission from all affected parties within that area prior to engaging in fishing activities.

#### Regulation .06 Commercial — Finfish Trotlines.

*COMAR 08.02.25.06*

A. An individual may not set or fish a finfish trotline within 100 feet of another individual's set trotline.

B. The length of a finfish trotline is measured along the baited portion of the line.

C. Except as provided in §H of this regulation, a finfish trotline:

  (1) May not exceed 1,200 feet in length;

  (2) May not be baited with live bait; and

  (3) Shall only be rigged with circle hooks with a minimum size of 5/0.

D. Float Requirements.

  (1) A finfish trotline shall have a float of the same color, size, and shape attached to each end.

  (2) Floats that have a round or spherical shape shall be at least 12 inches in diameter.

  (3) Floats that do not have a round or spherical shape shall be at least 12 inches long and 7 inches wide.

  (4) Floats shall be marked with the owner's commercial license number.

E. Depth Requirements.

  (1) During the period from June 16 through the end of February, a finfish trotline shall be set:

    (a) At least 10 feet below the surface of the water, in waters that are at least 10 feet deep at mean low tide; or

    (b) On the bottom of the water body in which they are set, in waters that are less than 10 feet deep at mean low tide.

  (2) During the period from March 1 through June 15, finfish trotlines shall be set on the bottom of the water body in which they are set.

F. Area Restrictions. Except as provided in §H of this regulation, a finfish trotline:

  (1) Shall only be set in the Chesapeake Bay and its tidal tributaries; and

  (2) May not be set in the Chesapeake Bay south of the William Preston Lane, Jr. Memorial Bay Bridge, including Pocomoke Sound and Tangier Sound.

G. An individual shall be appropriately licensed to catch finfish under Natural Resources Article, §4-701 or 4-701.2, Annotated Code of Maryland, and permitted in accordance with this regulation in order to use a finfish trotline.

H. Shortlines.

  (1) Definition.

    (a) In this section, the following term has the meaning indicated.

    (b) Term Defined. “Shortline” means a type of finfish trotline which meets the requirements of this section.

  (2) A shortline may not exceed 1,500 feet in length.

  (3) Hook Requirements. In addition to the hook requirements in §C of this regulation:

    (a) A shortline may not have more than 50 hooks; and

    (b) Any hook used on a shortline shall be corrodible.

  (4) A maximum of two shortlines are allowed per vessel.

  (5) Any vessel using a shortline shall:

    (a) Practice the protocols and possess the federally required release equipment for pelagic and bottom longlines for the safe handling, release, and disentanglement of sea turtles and other nontarget species; and

    (b) Have all captains and vessel owners federally certified in using handling and release equipment.

  (6) Allowed Area. A shortline may only be used in the Atlantic Ocean.

#### Regulation .07 Commercial — Pound Nets.

*COMAR 08.02.25.07*

A. Definitions.

  (1) For purposes of this regulation, the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) “Co-user” means an individual who is:

      (i) Properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

      (ii) Designated in writing to the Department by the registrant; and

      (iii) Authorized to harvest fish from the specified pound net site.

    (b) “Registrant” means the individual who registered the pound net site and owns the pound net.

B. Pound Net Sites.

  (1) An individual may not set a pound net in State waters unless:

    (a) The individual has submitted a completed registration form provided by the Department;

    (b) The individual is properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

    (c) The site is approved by the Department;

    (d) The site is registered in the individual’s name; and

    (e) The individual has notified the Department of the setting of the net in compliance with §E of this regulation.

  (2) An individual may not register more than eight pound net sites with the Department.

  (3) The pound net site registrant shall notify the Department in writing to cancel a pound net site registration.

  (4) A pound net set at a registered site by the registrant has priority over other commercial finfish gear with regard to any distance requirements set forth in Natural Resources Article, §4-711, Annotated Code of Maryland.

  (5) A commercial tidal fish licensee that intends to use a pound net to harvest striped bass shall comply with the additional structural requirements described in COMAR 08.02.15.04.

  (6) The Department may approve the permanent transfer of a registered pound net site upon completion of the appropriate transfer application and pound net site registration.

  (7) The Department may revoke the registration of a pound net site for cause, including but not limited to, the revocation or lapse of the registrant’s commercial tidal fish license.

C. Co-Users.

  (1) A registrant may designate one or more co-users for each pound net site by completing a form provided by the Department.

  (2) A registrant may designate or remove a co-user at any time during the year.

  (3) A co-user shall display their commercial identification number on the designated pound net.

  (4) A co-user is authorized to harvest fish only from the specified pound net site.

D. Marking of Pound Nets. The registrant shall mark the pound net while the stakes are in the water, regardless of whether the nets are attached, as follows:

  (1) The stake at the head of a pound net shall be marked by a light that is functional between sunset and sunrise, which shall be:

    (a) Placed on the stake at least 6 feet above normal high water; and

    (b) Visible in all directions for at least 1 mile on a clear night; or

  (2) The stake of a pound net shall be marked with retro-reflective tape, as specified by the Department, which is placed on the stake at least 6 feet above normal high water in the following areas and manner:

    (a) On all State waters, except for Potomac River tributaries:

      (i) The stake at each end of the pound net shall be marked with three 4-inch bands of orange retro-reflective tape which do not overlap; and

      (ii) The stakes between the two end stakes, at intervals not greater than 150 feet apart, shall be marked with a single 4-inch band of white retro-reflective tape; and

    (b) On Potomac River tributaries:

      (i) The end stake closest to the channel and on the right side of channel when entering from a seaward direction, shall be marked with three 4-inch bands of red retro-reflective tape, which do not overlap, and the opposite end stake shall be marked with three 4-inch bands of green retro-reflective tape which do not overlap;

      (ii) The end stake closest to the channel and on the left side of the channel when entering from a seaward direction shall be marked with three 4-inch bands of green retro-reflective tape which do not overlap, and the opposite end stake shall be marked with three 4-inch bands of red retro-reflective tape which do not overlap; and

      (iii) At least three stakes between the two end stakes, at intervals not greater than 150 feet apart, shall be marked with a single 4-inch band of white retro-reflective tape.

E. Pound Net Activity Notification.

  (1) A pound net site may be activated by the registrant for:

    (a) A full license year beginning on July 15 immediately prior to the license year; or

    (b) The remainder of the license year at any point during the license year.

  (2) The registrant shall ensure that written notice is received by the Department at least 7 days prior to setting any pound net.

  (3) Notification shall be on a form provided by the Department.

F. Pound Net Soak Time Limits.

  (1) During the time period of January through June, pound nets shall be fished at the interval set by the Department in a public notice, with all entrapped striped bass released.

  (2) The Secretary shall publish such notice on the Department’s website no later than December 1 of the year preceding the soak time limit provision taking effect.

#### Regulation .08 Commercial — Haul Seines.

*COMAR 08.02.25.08*

A. An individual may use a haul seine in accordance with Natural Resources Article, §4-713, Annotated Code of Maryland, during the period from 12:01 a.m. Saturday until sunrise on Monday only if the individual notifies the Department in accordance with §B of this regulation at least 24 hours in advance of the activity.

B. Prior to using a haul seine during the period from 12:01 a.m. Saturday until sunrise on Monday an individual shall:

  (1) Call the Natural Resources Communication Center a minimum of 24 hours in advance of the activity; and

  (2) Provide the following information to the operator:

    (a) Name of the commercial licensee;

    (b) Commercial license number;

    (c) Name of the vessel;

    (d) Date the activity will occur; and

    (e) Location of the activity, including the National Oceanic and Atmospheric Administration fishing area code.

#### Regulation .09 Commercial — Fyke Nets.

*COMAR 08.02.25.09*

A. Restricted Areas. From February 1 through March 31, inclusive, a person may not set a fyke net in any of the following areas:

  (1) Bohemia River upstream of a line beginning at a point at or near Little Hack Point defined by Lat. 39°27.78'N and Long. 75°52.45'W; then running approximately 70° True to a point at or near the Route 213 bridge defined by Lat. 39°27.87'N and Long. 75°52.19'W;

  (2) Bush River upstream of a line beginning at a point at or near the mouth of Church Creek defined by Lat. 39°28.04'N and Long. 76°13.33'W; then running approximately 100° True to a point defined by Lat. 39°28.03'N and Long. 76°13.22'W;

  (3) Chester River upstream of a line beginning at a point at or near Indian Point defined by Lat. 39°14.28'N and Long. 75°56.17'W; then running approximately 360° True to a point on the Kent County shore defined by Lat. 39°14.54'N and Long. 75°56.16'W; and then upstream to a line, beginning at a point upstream of the mouth of Red Lion Creek defined by Lat. 39°14.62'N and Long. 75°54.63'W; then running 360° True to a point on the Kent County shore at Lat. 39°14.80'N and Long. 75°54.63';

  (4) Chester River upstream of a line beginning at a point at or near Ford's Landing defined by Lat. 39°15.04'N and Long. 75°53.70'W; then running 270° True to a point on the Queen Anne's County shore defined by Lat. 39°15.04'N and Long. 75°53.64'W;

  (5) Choptank River upstream of a line beginning at a point defined by Lat. 38°55.82'N and Long. 75°50.00'W; then running approximately 45° True to a point defined by Lat. 38°55.84'N and Long. 75°49.84'W;

  (6) Tuckahoe Creek, Choptank River tributary, upstream of a line beginning at a point defined by Lat. 38°52.86'N and Long. 75°57.10'W; then running approximately 90° True to a point defined by Lat. 38°52.86'N and Long. 75°57.07'W;

  (7) Elk River upstream of a line beginning at a point at or near Old Frenchtown Wharf defined by Lat. 39°34.56'N and Long. 75°50.55'W; then running approximately 279° True to a point at or near Scotland Point defined by Lat. 39°34.60'N and Long. 75°50.90'W;

  (8) Gunpowder River upstream of a line beginning at a point defined by Lat. 39°23.13'N and Long. 76°22.11'W; then running approximately 50° True to a point at or near the base of the Amtrak rail defined by Lat. 39°23.51'N and Long. 76°20.67'W;

  (9) Bird River, Gunpowder River tributary, upstream of a line beginning at a point defined by Lat. 39°22.94'N and Long. 76°23.83'W; then running approximately 10° True to a point defined by Lat. 39°22.98'N and Long. 76°23.77'W;

  (10) Marshyhope Creek, Nanticoke River tributary, upstream of a line beginning at a point defined by Lat. 38°38.85'N and Long. 75°48.84'W; then running approximately 90° True to a point defined by Lat. 38°38.85'N and Long. 75°48.80'W;

  (11) Northeast River upstream of a line beginning at a point defined by Lat. 39°35.25'N and Long. 75°57.72'W; then running approximately 110° True to a point defined by Lat. 39°35.05'N and Long. 75°56.99'W;

  (12) Patuxent River upstream of a line beginning at a point at or near Jackson Landing defined by Lat. 38°46.46'N and Long. 76°42.70'W; then running approximately 45° True to a point defined by Lat. 38°46.48'N and Long. 76°42.68'W;

  (13) Allen's Fresh, Potomac River tributary, upstream of a line beginning at a point defined by Lat. 38°23.14'N and Long. 76°55.42'W; then running approximately 20° True to a point defined by Lat. 38°23.20'W and Long. 76°55.40'W;

  (14) Nanjemoy Creek, Potomac River tributary, upstream of a line beginning at a point defined by Lat. 38°26.63'N and Long. 77°07.19'W; then running approximately 90° True to a point defined by Lat. 38°26.78'N and Long. 77°06.32'W; and

  (15) Sassafras River upstream of a line beginning at a point at or near the Route 213 bridge in Georgetown defined by Lat. 39°21.91'N and Long. 75°52.98'W; then running approximately 150° True to a point defined by Lat. 39°21.81'N and Long. 75°52.89'W.

B. A person shall remove fyke net poles from the water within 30 days after removing the net from the poles.