Md. Code Regs. 08.02.05.08 - Eels
A. Commercial.
(1) Except as permitted under COMAR 08.02.14, a
person may not catch, possess, land, or sell eels for commercial purposes which are
less than 9 inches total length.
(2) The
annual quota for the commercial fishery is set by the Atlantic States Marine
Fisheries Commission.
B.
Noncommercial Limits.
(1) A person may not catch
or possess eels for noncommercial purposes which are less than 9 inches total
length.
(2) A person may not catch or
possess more than 25 eels per day for noncommercial purposes.
C. Closed Season. Except by spear or baited traps
or pots, eels may not be taken between September 1 and December 31.
D. Structural Requirements.
(1) Except as provided for in §D(2)of this
regulation, an eel pot shall be constructed of wire having a mesh size not less than
1/2 inch when the wire mesh is unstretched.
(2) Prior to January 1, 2017, an eel pot
constructed with mesh smaller than 1/2 inch by 1/2 inch may be used so long as it
has an escape panel installed in an exterior wall of the retention chamber made of
1/2 inch by 1/2 inch mesh measuring at least 4 inches by 4 inches.
E. A person may not set buoyed eel pots
in those channels designated as buoy-free channels under COMAR
08.02.03.07H.
F. In addition to those defined in
COMAR 08.02.03.07H, a person
may not set buoyed eel pots in the following channels:
(1) Severn River: 50 yards channelward of a line
from Whitehall Creek Fl. 4 § "2" to R "4", and 50 yards southwest of a line
from Whitehall Creek Fl. 4 § "2" to Mill Creek R "2";
(2) South River: 100 yards channelward of a line
marked by Fl. R 2.5 § "4", Fl. R 4 § "6", and Fl. R 4 §
"8";
(3) Rhode River: 50 yards westerly
of a line marked by Fl. R 4 § "2", R "4", and a point 50 yards east of Fl. G 4
§ "7";
(4) Sassafras River: 50
yards channelward and following a marked channel line easterly from R "2" Fl. R 4
§ to above Rt. 213 bridge to the channel markers at the entrance of Swantown
Creek;
(5) Bohemia River: 50 yards
channelward and following a marked channel line from R "2" Fl. R 4 §
southeasterly to the Rt. 213 bridge;
(6)
Northeast River: Within the marked channel following a line northeasterly from R "6"
to Fl. G 4 § 15 ft. 5M "17";
(7)
Swan Creek: Within the marked channel following a line along the southern shoreline
from Plum Point to High Point.
G. A person may not set or fish an eel pot without
an appropriate license issued by the Department.
H. General.
(1)
The Secretary may establish or modify catch limits, size limits, and seasons for
American eel in order to implement the Atlantic States Marine Fisheries Commission
Interstate Fishery Management Plan for American Eel, by issuing a public notice on
the Department's website.
(2) The public
notice shall state its effective hour and date and shall be published on the
Department's website at least 48 hours in advance of the effective hour and
date.
(3) 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.
(4) A violation of the
restrictions set by the Secretary in accordance with section is a violation of this
regulation.
Notes
Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1508); January 1, 1999 (25:4 Md. R. 242); February 5, 2001 (28:2 Md. R. 99)
Regulation .08B amended effective April 16, 1990 (17:7 Md. R. 848)
Regulations .08 and E adopted as an emergency provision effective June 6, 1997 (24:13 Md. R. 926); emergency status expired December 6, 1997
Regulation .08B amended as an emergency provision effective February 23, 1998 (25:8 Md. R. 593); emergency status expired December 31, 1998; amended permanently effective January 1, 1999 (25:19 Md. R. 1495)
Regulation .08 amended effective 41:4 Md. R. 299, eff.
Regulation .08D, E amended effective November 24, 2005 (32:23 Md. R. 1825); amended effective 43:6 Md. R. 404, eff.
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