Md. Code Regs. 08.02.05.02 - General Fishing Prohibitions
A. Except as
provided in §B of this regulation, a person may not set or fish gill nets,
including but not limited to anchor gill nets, staked gill nets, and drift gill
nets, in the Chesapeake Bay and its tidal tributaries.
B. A person may set and fish:
(1) During the period between March 16 through
December 31, attended drift gill nets with a stretched mesh size of 2-1/2 to 3-1/2
inches;
(2) During the period between
January 1 through March 15, attended drift gill nets with a stretched mesh of 3-1/8
to 3-1/2 inches;
(3) Gill nets as
permitted in COMAR 08.02.15; or
(4) Gill
nets made with monofilament, multifilament, or multi-strand materials.
C. Within 1,200 feet of any pier that
supports either span of the William Preston Lane Jr. Memorial Bay Bridge, a person
may not:
(1) Fish with a treble hook that is not
an intrinsic part of a floating fish lure; or
(2) Set or fish any type of gill net during the
period May 1 through October 31.
D. During the period June 1 through October 31, a
person may not set or fish any type of gill net in the Chesapeake Bay, excluding
tributaries, in the area south of a line drawn from Howell Point to Taylor Island
Point in the Upper Bay and north of a line from Kent Point to Curtis Point in the
mouth of West River.
E A person may not
use eels as bait while fishing with hook and line in the tidal waters of the
Chesapeake Bay and its tributaries, except for a recreational, charter, or
commercial hook and line fisherman authorized to participate in and fish during
summer and fall striped bass seasons established in COMAR 08.02.15.
F. During the period March 1 through June 30, a
person may not set or fish any type of gill net:
(1) In the striped bass spawning reaches listed in
COMAR 08.02.15.03C;
(2) In the Susquehanna Flats upstream of a line
from Sandy Point to Turkey Point;
(3) In
the Susquehanna and Northeast Rivers; and
(4) From sunset Friday to 1 hour before sunrise
Monday in the striped bass spawning rivers and areas set forth in COMAR
08.02.15.03B.
G. In the waters of the
Susquehanna River, a commercial tidal fish licensee may not:
(1) Harvest or attempt to harvest fish upstream of
a line beginning at a point at or near the Harford County shore defined by Lat.
39°39.262' N, Long. 76°10.338' W; then running 30° True to a point at or
near the Cecil County shore defined by Lat. 39°39.7467' N, Long. 76°10.060'
W; and
(2) Set or use any other type of
fishing gear other than hook-and-line gear to harvest or attempt to harvest fish
upstream of a line drawn direct from the northernmost point from the mouth of Deer
Creek in Harford County, in a northeasterly direction to the intersection of U.S.
Route 222 and Canal Road in Cecil County.
H. A person licensed to catch finfish for
commercial purposes may not guide customers during a commercial hook and line
trip.
I. Except as provided in §J
of this regulation, a commercial tidal fish licensee may not catch or possess fish
of the species listed in Natural Resources Article, §
4-215, Annotated Code of
Maryland, except crabs or shellfish, for commercial purposes and have more than:
(1) Two crew members assist the licensee with
commercial hook and line fishing; or
(2)
Four individuals, including no more than two crew members, present on a vessel which
is engaged in commercial hook and line fishing.
J. Hook and Line Fishing Exceptions.
(1) Children 12 years old or younger may be on
board a vessel engaged in commercial hook and line fishing in addition to any crew
members and licensees as described in §I of this regulation.
(2) Tidal fish licensees registered in and engaged
in the Chesapeake Bay individual transferrable quota striped bass fishery are not
subject to the crew member limit or boat limit on individuals as described in
§I of this regulation.
K. From February 1 through March 31, inclusive, a
person may not set a fyke net in any of the areas described in COMAR 08.02.25.09.
L. General Provisions.
(1) The Secretary may close designated areas to
hook and release activity by publishing notice in a daily newspaper of general
circulation, at least 48 hours in advance of the closure, stating the effective hour
and date.
(2) The Secretary shall make a
reasonable effort to disseminate public notice through various other media so that
an affected person has reasonable opportunity to be informed.
(3) A person licensed to catch finfish for
commercial purposes shall submit an accurate daily commercial fisheries catch log in
accordance with COMAR 08.02.13.06.
M. Fishing and Crabbing in a Leased Area. Fishing
and crabbing are permitted in an area that has been leased for shellfish aquaculture
in accordance with COMAR 08.02.23 if the fishing or crabbing activity does not
destroy or damage shellfish or gear which may be planted or secured
there.
Notes
Regulation .02 amended as an emergency provision effective April 24, 1979 (6:9 Md. R. 725); emergency status expired September 1, 1979
Regulation .02 amended effective February 22, 1980 (7:4 Md. R. 347); February 8, 1982 (9:1 Md. R. 19)
Regulation .02B, D-F amended effective January 30, 1984 (11:2 Md. R. 112)
Regulation .02D amended as an emergency provision effective March 15, 1982 (9:6 Md. R. 612); emergency status expired April 1, 1982
Regulation .02D amended as an emergency provision effective March 15, 1983 (10:5 Md. R. 462); emergency status expired March 26, 1983
Regulation .02D and F amended effective August 15, 1983 (10:16 Md. R. 1450)
Regulation .02F amended as an emergency provision effective September 1, 1983 (10:19 Md. R. 1683); adopted permanently effective December 19, 1983 (10:25 Md. R. 2267)
Regulation .02 repealed and new Regulation .02 adopted effective January 1, 1985 (11:26 Md. R. 2278)
Regulation .02C amended effective February 9, 1987 (14:3 Md. R. 272); July 25, 1988 (15:15 Md. R. 1808); January 9, 1989 (15:27 Md. R. 3127)
Regulation .02D, G amended as an emergency provision effective January 25, 1985 (12:4 Md. R. 358); adopted permanently effective April 8, 1985 (12:7 Md. R. 699)
Regulation .02E amended effective August 12, 1985 (12:16 Md. R. 1604)
Regulation .02 repealed and new Regulation .02 adopted effective September 3, 1990 (17:17 Md. R. 2077)
Regulation .02A amended as an emergency provision effective January 24, 1991 (18:3 Md. R. 301)
Regulation .02A amended effective May 27, 1991 (18:10 Md. R. 1115); November 22, 1993 (20:23 Md. R. 1803); November 20, 1994 (21:23 Md. R. 1932)
Regulation .02B amended as an emergency provision effective January 1, 1992 (18:26 Md. R. 2826); emergency status expired February 28, 1992
Regulation .02B amended effective April 13, 1992 (19:7 Md. R. 744); September 26, 1994 (21:19 Md. R. 1634); November 20, 1994 (21:23 Md. R. 1932); October 20, 1997 (24:21 Md. R. 1446)
Regulation .02B amended as an emergency provision effective April 27, 1995 (22:10 Md. R. 701); amended permanently effective August 28, 1995 (22:17 Md. R. 1316)
Regulation .02 amended and new Regulation .02-1 adopted as an emergency provision effective June 30, 1995 (22:15 Md. R. 1111); original emergency Regulation .02-1 amended as an emergency provision effective July 27, 1995 (22:17 Md. R. 1309); emergency status expired September 30, 1995
Regulation .02A amended effective July 22, 2002 (29:14 Md. R. 1074); April 12, 2004 (31:7 Md. R. 582)
Regulation .02B amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 725); emergency status expired February 29, 2000
Regulation .02B amended effective April 3, 2000 (27:6 Md. R. 640)
Regulation .02B amended as an emergency provision effective April 1, 2001 (28:8 Md. R. 758); amended permanently effective June 25, 2001 (28:12 Md. R. 1105)
Regulation .02B amended as an emergency provision effective March 15, 2002 (29:8 Md. R. 695); amended permanently effective June 10, 2002 (29:11 Md. R. 882)
Regulation .02B amended effective July 22, 2002 (29:14 Md. R. 1074 ); April 12, 2004 (31:7 Md. R. 582)
Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 476)
Regulation .02 amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); emergency provision expired December 23, 2013
Regulation .02 amended effective December 23, 2013 (40:25 Md. R. 2067)
Regulation .02B amended as an emergency provision effective April 4, 2006 (33:9 Md. R. 794); emergency provision expired August 4, 2006
Regulation .02B amended as an emergency provision effective April 9, 2007 (34:9 Md. R. 823)
Regulation .02B amended effective February 25, 2008 (35:4 Md. R. 512); January 26, 2009 (36:2 Md. R. 99); March 23, 2009 (36:6 Md. R. 489); February 22, 2010 (37:4 Md. R. 338); April 4, 2011 (38:7 Md. R. 429)
Regulation .02J amended effective July 7, 2014 (41:13 Md. R. 751)
Regulation .02 amended effective 42:8 Md. R. 607, eff.
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