Md. Code Regs. 08.02.06.01 - Snapping Turtles
A. In this regulation,
the following terms have the meanings indicated.
B. Terms Defined.
(1) "Carapace" means the top shell of a
turtle.
(2) "The wild" means any land or
water in the State, either natural or altered, upon which a snapping turtle can
exist in a condition which is not constrained or controlled by humans.
C. Methods of Taking Snapping Turtles.
(1) A person may not catch a snapping turtle from
the waters of the State by the use of a hook and line, trot line, bow and arrow,
spear, gig or gig iron, or any other device capable of piercing any part of a
turtle.
(2) Nontidal Waters. In addition
to the gear prohibited in §C(1) of this regulation, a person may not catch a
snapping turtle from nontidal waters of the State by the use of a net, seine, fish
pot, trap, or other fishing rig.
D. Measuring a Snapping Turtle. The length of a
snapping turtle shall be measured:
(1) Along the
curvature of the carapace with a flexible tape measure that conforms to the snapping
turtle's shell; and
(2) From the nuchal
scute, the scute directly behind the turtle's head, to the base of the notch where
the two most posterior scutes meet, as described on the harvester's snapping turtle
harvest permit card.
E.
Season. The only place and time that a person may not catch or attempt to catch
snapping turtles is in the tributary waters of Charles County from April 15 to May
31, inclusive.
F. Eggs and Nests. A
person may not possess, destroy, or disturb snapping turtle eggs or disturb the nest
of a snapping turtle.
G. Commercial
Fishery.
(1) General Requirements and
Restrictions.
(a) A person may not harvest or
possess a snapping turtle for commercial purposes that has a carapace length that is
less than 11 inches, measured in accordance with §D of this
regulation.
(b) A person may not buy,
sell, or offer to buy or sell any snapping turtle harvested from the nontidal waters
of the State.
(c) A person catching
snapping turtles for commercial purposes shall:
(i) Be licensed to fish for commercial purposes in
accordance with Natural Resources Article, §
4-701, Annotated Code of
Maryland; and
(ii) Have the
Department-issued snapping turtle harvest permit in possession while harvesting or
transporting snapping turtles.
(2) Snapping Turtle Harvest Permit.
(a) Snapping turtle harvest permits shall be
issued to all licensees who have:
(i) Paid the fee
for a snapping turtle permit as required by Natural Resources Article, §
4-701, Annotated Code of
Maryland; and
(ii) Met all reporting
requirements as required by Natural Resources Article, §
4-206, Annotated Code of
Maryland, and this regulation.
(b) Snapping turtle harvest permits may not be
transferred.
(3) Reporting. A
person permitted by the Department to harvest snapping turtles shall:
(a) Record their catch on the snapping turtle
harvest report and on the daily commercial fisheries catch log;
(b) Submit the snapping turtle harvest report as
required by the Department and the daily commercial fisheries catch log in
accordance with COMAR
08.02.13.06; and
(c) Make available daily information, harvest
report cards, and catch logs for immediate inspection on request of a Department
representative.
(4)
Penalties.
(a) In addition to any other penalty
established in COMAR 08.02.13, failure to comply with this regulation may result in
the denial of a subsequent permit.
(b)
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 08.01.04.
(5) Float Requirements for Traps. A trap used to
catch snapping turtles shall have a solid foam or hard plastic float inserted inside
the trap that will bring a portion of the trap to the surface of the water and
provide breathing space for trapped turtles.
H. Noncommercial Taking and Possession; Pets.
(1) A person may not take or possess a snapping
turtle from the wild that has a carapace length that is less than 4
inches.
(2) A person may not possess
more than one snapping turtle taken from the wild for noncommercial
purposes.
(3) A person must be licensed
in accordance with Natural Resources Article, §
4-604, Annotated Code of
Maryland, to take or possess a snapping turtle from nontidal waters for
noncommercial purposes.
(4) A person
need not be licensed in accordance with Natural Resources Article, §
4-745, Annotated Code of
Maryland, to take or possess a snapping turtle from tidal waters for noncommercial
purposes.
I. Release of
Captive Snapping Turtles. A person may only release a snapping turtle taken from the
wild back to the wild if the person has obtained prior written authorization from
the Department.
J. Exceptions. The
provisions of §§C, E, and F of this regulation do not apply to a person
who:
(1) Is authorized by a scientific collection
permit in accordance with Natural Resources Article, §
4-212, Annotated Code of
Maryland;
(2) Is authorized by a
landowner wildlife damage control permit in accordance with Natural Resources
Article, §
10-206, Annotated Code
of Maryland; or
(3) Is authorized by a
commercial wildlife damage control permit in accordance with Natural Resources
Article, §
10-908, Annotated Code
of Maryland.
K. Public
Notice.
(1) The Secretary may modify size limits
or open, close, or modify a season by publishing notice in a daily newspaper of
general circulation at least 48 hours in advance, 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.
Notes
Regulation .01 amended effective March 23, 2009 (36:6 Md. R. 489)
Regulation .01G amended effective February 22, 2010 (37:4 Md. R. 338); March 17, 2014 (41:5 Md. R. 341)
Regulation .01H amended effective March 17, 2014 (41:5 Md. R. 341)
Regulation .01 amended 41:21 Md. R. 1259, eff.
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