Md. Code Regs. 08.02.05.05 - American Shad
A. Prohibition of
Catching, Possession, or Sale of American Shad; Exceptions.
(1) A person may not catch, offer for sale,
purchase, or possess any American shad or any parts of American shad, including roe,
caught in Maryland waters except as permitted here.
(2) Exceptions.
(a) A person may catch American shad in
cooperation with a scientific investigation of the Department and cooperating
persons having a valid scientific collecting permit, including permitted shad egg
hatching in approved devices. This person may sell live American shad to the
scientific investigation.
(b) The
incidental catching of American shad by fishing gear set for other species of fish
will not be deemed a violation of this section if the American shad is returned to
the water.
(c) Not more than two
American shad may be possessed for personal consumption if the shad were found dead
when fishing gear operated for other species was retrieved from the water.
B. Possession or Sale of
American Shad Lawfully Taken in Another Jurisdiction.
(1) The provisions of §A, of this regulation,
do not prohibit the entry into the State, or possession, transportation,
exportation, processing, sale, offer for sale, or shipment of American shad which
were caught in waters not under Maryland jurisdiction, if the person engaging in the
activity demonstrates by substantial evidence that the American shad were lawfully
taken and lawfully removed from another jurisdiction.
(2) The requirements of "substantial evidence" as
used in §B(1), of this regulation, shall be satisfied by a bill of sale which
identifies the American shad as originating from waters not under Maryland
jurisdiction.
C. Effective
Period of These Sections. On the basis of study findings and interpretations, the
Secretary shall annually determine whether the provisions of §A, of this
regulation, shall remain in force. At the same time, if those provisions are to
remain in force, he shall determine what, if any, changes are necessary.
Notes
Regulation .05 adopted effective December 12, 1980 (7:25 Md. R. 2334); amended effective March 6, 1981 (8:5 Md. R. 473)
Regulation .05A amended effective January 20, 1992 (19:1 Md. R. 24); November 22, 2004 (31:23 Md. R. 1652)
Regulation .05A amended effective October 19, 2009 (36:21 Md. R. 1590)
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