Md. Code Regs. 08.02.05.07 - Atlantic Menhaden
A. Commercial Quota.
(1) The annual total allowable landings of
Atlantic menhaden for the commercial fishery is set by the Atlantic States Marine
Fisheries Commission and shall be published through a public notice issued in
accordance with §G of this regulation.
(2) Any annual overages of the quota will be
deducted from the subsequent year's quota.
B. Commercial Seasons. A public notice shall be
issued in accordance with §G of this regulation when the quota and season are
approved by the Atlantic State Marine Fisheries Commission.
C. Commercial Catch Limits.
(1) Prior to the State quota in §A of this
regulation being met or exceeded, there is no catch limit for Atlantic
menhaden.
(2) Upon the State quota being
met or exceeded, the catch limit for Atlantic menhaden and the harvest rate at which
an Atlantic menhaden bycatch allowance landing permit is required shall be
established and may be modified through a public notice issued in accordance with
§G of this regulation.
D.
Recreational Fishery.
(1) Season. The season for
the recreational harvest of Atlantic menhaden is January 1 through December
31.
(2) Catch Limit. There is no limit
on the number of Atlantic menhaden that an individual may harvest for recreational
use.
(3) Size Limit. There is no minimum
size for Atlantic menhaden.
E. Atlantic Menhaden Bycatch Allowance Landing Permits.
(1) An individual may apply for an Atlantic
menhaden bycatch allowance landing permit if, as of February 18, 2013, the
individual had a pound net site registered with the Department.
(2) An individual may be issued only one Atlantic
menhaden bycatch allowance landing permit.
(3) A permittee shall have in possession the
Atlantic menhaden bycatch allowance landing permit when engaged in permitted
activities.
(4) Operators.
(a) An operator means an individual who is not a
permittee and acts as an agent of a permittee.
(b) The only person a permittee may use as the
operator of their Atlantic menhaden bycatch allowance landing permit is the
individual the permittee has designated as the authorized user of the permittee's
commercial fishing license in accordance with Natural Resources Article, §
4-701(k)(7),
Annotated Code of Maryland.
(c) An
operator may only fish the pound nets that the permittee has:
(i) Registered in the permittee's name;
and
(ii) Notified the Department as
being active in accordance with COMAR
08.02.25.07.
(d) When engaged in permitted activities, an
operator shall be:
(i) In possession of the
permittee's tidal fish license and Atlantic menhaden bycatch allowance landing
permit; and
(ii) On the vessel named on
the permittee's tidal fish license.
(5) Atlantic menhaden bycatch allowance landing
permits may not be transferred and are valid only for the named individual on the
permit card or their operator as described in §E(4) of this
regulation.
(6) A permittee or a
permittee's operator shall be on board any boat harvesting Atlantic menhaden under
an Atlantic menhaden bycatch allowance landing permit.
F. Reporting.
(1)
Reporting Requirements. In addition to the requirements of Natural Resources
Article, §
4-206, Annotated Code of
Maryland:
(a) Any Atlantic menhaden harvested from
a pound net must be reported on the day of harvest in the manner specified by the
Department; and
(b) An Atlantic menhaden
bycatch allowance landing permittee shall report in the manner specified by the
Department.
(2) Reporting
Penalties.
(a) The Department may suspend the
holder of an Atlantic menhaden bycatch allowance landing permit from participation
in the menhaden fishery for up to 90 days per violation for failing to comply with
§F(1)(b) of this regulation.
(b) In
addition to any other penalty, the Department may deny an application for an
Atlantic menhaden bycatch allowance landing permit for failing to comply with
§F(1) of this regulation during the previous season.
(c) Prior to suspending a permit under this
regulation or denying an application for a permit, the Department shall give the
licensee notice of its intended action and an opportunity to appear at a hearing
conducted in accordance with the contested case procedures set forth in State
Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR
08.01.14.
G.
General.
(1) When the menhaden quota, established
by the Atlantic States Marine Fisheries Commission, has been met, the Secretary may
issue a public notice on the Fisheries Service website to modify the season and
catch limits in compliance with the Atlantic States Marine Fisheries Commission
Interstate Fishery Management Plan.
(2)
The Secretary shall make a reasonable effort to disseminate a public notice issued
under this section through various other media so that an affected individual has a
reasonable opportunity to be informed.
(3) A violation of the restrictions set by the
Secretary in accordance with section is a violation of this
regulation.
Notes
Regulation .07 adopted effective February 20, 1989 (16:3 Md. R. 341)
Regulation .07 amended effective January 21, 1991 (18:1 Md. R. 29)
Regulation .07B amended effective April 13, 1992 (19:7 Md. R. 744); December 20, 1993 (20:25 Md. R. 1944); March 28, 1994 (21:6 Md. R. 466)
Regulation .07D amended effective December 20, 1993 (20:25 Md. R. 1944); March 28, 1994 (21:6 Md. R. 466)
Regulation .07 amended effective January 28, 2008 (35:2 Md. R. 126)
Regulation .07 repealed effective January 26, 2009 (36:2 Md. R. 99)
Regulation .07 adopted as an emergency provision effective 40:15 Md. R. 1225, eff.
Regulation .07 amended effective 40:17 Md. R. 1419, eff.
Regulation .07D, E amended effective 41:12 Md. R. 667, eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. Quota.
(1) The annual total allowable landings of Atlantic menhaden for the commercial fishery is set by the Atlantic States Marine Fisheries Commission and shall be published through a public notice issued in accordance with §F of this regulation.
(2) Any annual overages of the quota will be deducted from the subsequent year's quota.
B. Seasons. A public notice shall be issued in accordance with §F of this regulation when the quota and season are approved by the Atlantic State Marine Fisheries Commission.
C. Commercial Catch Limits.
(1) Prior to the State quota in §A of this regulation being met or exceeded, there is no catch limit for Atlantic menhaden.
(2) Upon the State quota being met or exceeded, the catch limit for Atlantic menhaden and the harvest rate at which an Atlantic menhaden bycatch allowance landing permit is required shall be established and may be modified through a public notice issued in accordance with §F of this regulation.
D. Atlantic Menhaden Bycatch Allowance Landing Permits.
(1) An individual may apply for an Atlantic menhaden bycatch allowance landing permit if, as of February 18, 2013, the individual had a pound net site registered with the Department.
(2) An individual may be issued only one Atlantic menhaden bycatch allowance landing permit.
(3) A permittee shall have in possession the Atlantic menhaden bycatch allowance landing permit when engaged in permitted activities.
(4) Operators.
(a) An operator means an individual who is not a permittee and acts as an agent of a permittee.
(b) The only person a permittee may use as the operator of their Atlantic menhaden bycatch allowance landing permit is the individual the permittee has designated as the authorized user of the permittee's commercial fishing license in accordance with Natural Resources Article, § 4-701(k)(7), Annotated Code of Maryland.
(c) An operator may only fish the pound nets that the permittee has:
(i) Registered in the permittee's name; and
(ii)
(ii) Notified the Department as being active in accordance with COMAR 08.02.25.07.
(d) When engaged in permitted activities, an operator shall be:
(i) In possession of the permittee's tidal fish license and Atlantic menhaden bycatch allowance landing permit; and
(ii) On the vessel named on the permittee's tidal fish license.
(5) Atlantic menhaden bycatch allowance landing permits may not be transferred and are valid only for the named individual on the permit card or their operator as described in §D(4) of this regulation.
(6) A permittee or a permittee's operator shall be on board any boat harvesting Atlantic menhaden under an Atlantic menhaden bycatch allowance landing permit.
E. Reporting.
(1) Reporting Requirements. In addition to the requirements of Natural Resources Article, § 4-206, Annotated Code of Maryland:
(a) Any Atlantic menhaden harvested from a pound net must be reported on the day of harvest in the manner specified by the Department; and
(b) An Atlantic menhaden bycatch allowance landing permittee shall report in the manner specified by the Department.
(2) Reporting Penalties.
(a) The Department may suspend the holder of an Atlantic menhaden bycatch allowance landing permit from participation in the menhaden fishery for up to 90 days per violation for failing to comply with §E(1)(b) of this regulation.
(b) In addition to any other penalty, the Department may deny an application for an Atlantic menhaden bycatch allowance landing permit for failing to comply with §E(1) of this regulation during the previous season.
(c) Prior to suspending a permit under this regulation or denying an application for a permit, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.14.
F. General.
(1) When the menhaden quota, established by the Atlantic States Marine Fisheries Commission, has been met, the Secretary may issue a public notice on the Fisheries Service website to modify the season and catch limits in compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan.
(2) The Secretary shall make a reasonable effort to disseminate a public notice issued under this section through various other media so that an affected individual has a reasonable opportunity to be informed.
(3) A violation of the restrictions set by the Secretary in accordance with section is a violation of this regulation.
Notes
Regulation .07 adopted effective February 20, 1989 (16:3 Md. R. 341)
Regulation .07 amended effective January 21, 1991 (18:1 Md. R. 29)
Regulation .07B amended effective April 13, 1992 (19:7 Md. R. 744); December 20, 1993 (20:25 Md. R. 1944); March 28, 1994 (21:6 Md. R. 466)
Regulation .07D amended effective December 20, 1993 (20:25 Md. R. 1944); March 28, 1994 (21:6 Md. R. 466)
Regulation .07 amended effective January 28, 2008 (35:2 Md. R. 126)
Regulation .07 repealed effective January 26, 2009 (36:2 Md. R. 99)
Regulation .07 adopted as an emergency provision effective 40:15 Md. R. 1225, eff.
Regulation .07 amended effective 40:17 Md. R. 1419, eff.
Regulation .07D, E amended effective 41:12 Md. R. 667, eff.