Md. Code Regs. 08.02.15.04 - Tidal Fish Licensee Intent to Fish
A. Striped Bass Permit.
(1) The total number of permits authorizing
commercial licensees to fish for striped bass may not exceed:
(a) 1,231 for commercial tidal fish licensees;
and
(b) 499 for fishing guide
licensees.
(2) A commercial
tidal fish licensee shall possess a striped bass permit while commercially fishing
for striped bass.
(3) A commercial tidal
fish licensee who has not registered to catch striped bass in accordance with
§B of this regulation or who has not received a transfer of a striped bass
permit and allocation in accordance with §F or G of this regulation may not
catch striped bass for sale.
B. Registration Procedures.
(1) Registration.
(a) An individual may register for a permit to
participate in the next quota year's striped bass fishery if they:
(i) Are currently authorized to commercially
harvest striped bass in accordance with Natural Resources Article, §
4-701, Annotated Code of
Maryland;
(ii) Have received a striped
bass permit from the Department in accordance with §C of this regulation;
or
(iii) Have received a permanent
transfer of a striped bass permit as described in §H of this
regulation.
(b) A commercial
tidal fish licensee shall register for a striped bass permit to participate in a
commercial striped bass fishery in accordance with this section by September 15 of
each year, or the next business day if September 15 falls on a weekend.
(c) Any permit that is not registered by the
deadline established in §B(1)(b) of this regulation shall be relinquished to
the Department.
(d) The Department
shall:
(i) Make registration available to eligible
commercial tidal fish licensees not later than July 15 of each year;
(ii) Use the registrations received as of
September 15 of each year, or the next business day if September 15 falls on a
weekend, to determine allocations for the striped bass fishery permittees;
and
(iii) Issue any striped bass permit
that is not registered by the deadline established in §B(1)(b) of this
regulation in accordance with §C of this
regulation.
(2)
Registration Type.
(a) When registering for a
striped bass permit, a commercial tidal fish licensee shall specify and may be
authorized to fish in one of the following fisheries:
(i) Chesapeake Bay individual transferrable quota;
or
(ii) Atlantic
Ocean.
(b) A commercial tidal
fish licensee who had a striped bass permit registered in the Chesapeake Bay pound
net or haul seine fisheries as of May 10, 2013 and receives shares and allocation
from those permits shall register in the Chesapeake Bay individual transferrable
quota fishery.
(c) A commercial tidal
fish licensee may not possess striped bass permits registered in both a Chesapeake
Bay fishery and in the Atlantic Ocean fishery.
(d) A striped bass permit registered in the Chesapeake Bay
individual transferrable quota fishery as of May 10, 2013, may not be changed to a
striped bass permit registered to the Atlantic Ocean
fishery.
C. Striped
Bass Permit Waiting List.
(1) The Department shall
accept an application for a striped bass permit authorizing a commercial tidal fish
licensee to participate in a commercial striped bass season from any person
qualified under Natural Resources Article, §
4-701, Annotated Code of
Maryland, and maintain a waiting list of commercial tidal fish license candidates to
fish for striped bass.
(2) Applicants
shall be ranked and maintained in the order that their requests are received for
waiting lists.
(3) For each striped bass
permit that has been revoked or voluntarily relinquished, a striped bass permit may
be issued to an applicant on the waiting list.
(4) The Department shall issue an available
striped bass permit to the first person on the appropriate waiting list to fish for
striped bass.
(5) Any striped bass
permit issued by the Department in accordance with this section shall be issued
without an associated share of any striped bass fishery.
D. Commercial Fisheries.
(1) Chesapeake Bay Individual Transferrable Quota
Fishery.
(a) In the individual transferrable quota
fishery, the following gear types may be used to harvest striped bass in accordance
with a tidal fish license authorization as described in Natural Resources Article,
§
4-701, Annotated Code of
Maryland:
(i) Drift gill net;
(ii) Haul seine;
(iii) Hook and line; and
(iv) Pound net.
(b) A permittee registered in the individual
transferrable quota fishery shall be provided an allocation which may be harvested
at any time within the gear, time, and area restrictions set forth in COMAR
08.02.15.
(2) Atlantic Ocean
Fishery.
(a) In the Atlantic Ocean, its coastal
bays and their tidal tributaries, the following gears may be used to harvest striped
bass in accordance with a tidal fish license authorization as described in Natural
Resources Article, §
4-701, Annotated Code of
Maryland:
(i) Otter and beam trawl; and
(ii) Gill net.
(b) A permittee registered in the Atlantic Ocean
fishery shall be provided an allocation which may be harvested at any time within
the gear, time, and area restrictions set forth in this
chapter.
E. Pound
Net Requirements to Participate in the Striped Bass Fishery.
(1) A pound net used to harvest striped bass shall
have:
(a) A net body or crib at least 20 feet long
by 20 feet wide with a bottom panel;
(b)
Leader or hedging with a total length of at least 200 feet; and
(c) A heart or funnel leading into the pound net
crib.
(2) A pound net used to
harvest striped bass shall be registered as active with the Department in accordance
with COMAR 08.02.25.07.
F.
Temporary Transfers.
(1) A striped bass permit may
only be transferred to a valid commercial tidal fish licensee.
(2) A commercial tidal fish licensee may
temporarily transfer a striped bass permit or allocation if:
(a) The applicable fees required by Natural
Resources Article, §
4-701, Annotated Code of
Maryland have been paid; and
(b) The
transfer has been completed in the manner specified by the Department in accordance
with the provisions set forth in this section.
(3) Except as provided in §G of this
regulation, a commercial tidal fish licensee may not transfer shares.
(4) Chesapeake Bay Individual Transferrable Quota
Fishery.
(a) Prior to the start of the quota year,
during the period July 15 through September 15, or the next business day if
September 15 falls on a weekend, a commercial tidal fish licensee:
(i) May complete up to four transactions where a
permit or a portion of their allocation is temporarily transferred from the
permittee to another commercial tidal fish licensee; and
(ii) May receive any number of
transfers.
(b) During the quota
year, a commercial tidal fish licensee may only temporarily transfer a striped bass
permit or allocation:
(i) During the time period
established by public notice in accordance with §H of this regulation;
and
(ii) In the increment of allocation
established by public notice in accordance with §H of this
regulation.
(c) An individual
without a valid striped bass permit may not receive a transfer of allocation unless
the individual also receives a valid striped bass permit in the transfer.
(d) A commercial tidal fish licensee may not
receive an allocation transfer when the licensee possesses 1.5 percent or more of
the total commercial quota for the Chesapeake Bay fisheries.
(5) Atlantic Fishery.
(a) Prior to the start of the quota year, during
the period July 15 through September 15, or the next business day if September 15
falls on a weekend, a commercial tidal fish licensee may temporarily transfer:
(i) Allocation to another striped bass
permittee;
(ii) A permit or permits to a
commercial tidal fish licensee; or
(iii)
Both allocation and a permit or permits to a commercial tidal fish
licensee.
(b) During the quota
year, a commercial tidal fish licensee may only temporarily transfer a striped bass
permit or allocation:
(i) During the time period
established by public notice in accordance with §H of this regulation;
and
(ii) In the increment of allocation
established by public notice in accordance with §H of this
regulation.
(c) An individual
without a valid striped bass permit may not receive a transfer of allocation unless
the individual also receives a valid striped bass permit in the transfer.
(d) A commercial tidal fish licensee may not be
assigned or have in possession more than four permits registered in the Atlantic
Ocean and its coastal bays and tributaries.
(e) A commercial tidal fish licensee registered in
the Atlantic Ocean fishery may not receive an allocation transfer that would result
in the licensee possessing more than 10 percent of the Atlantic Ocean
quota.
(6) Allocation may not
be transferred between the Chesapeake Bay individual transferrable quota fishery and
the Atlantic Ocean fishery.
(7) For
purposes of the license suspension criteria, if a commercial tidal fish licensee
transfers the striped bass permit to another licensee, the transferee that committed
the violation shall be held responsible.
(8) The registration type of a striped bass permit may not
be changed under a temporary transfer.
G. Permanent Transfers.
(1) A commercial tidal fish licensee may
permanently transfer a striped bass permit if:
(a)
The commercial tidal fish licensee makes application to the Department requesting
transfer;
(b) The transferor is
authorized to harvest striped bass in the current quota year;
(c) The transferee is a valid commercial tidal
fish licensee, if the transferee is not receiving the transferor's commercial tidal
fish license;
(d) The applicable fees
required by Natural Resources Article, §
4-701, Annotated Code of
Maryland have been paid; and
(e) All
striped bass permits and associated tags are returned to the
Department.
(2) A commercial
tidal fish licensee may permanently transfer:
(a) A
striped bass permit without transferring the licensee's tidal fish
license;
(b) The licensee's share, or
any portion of that share, without transferring the licensee's tidal fish license or
striped bass permit;
(c) A striped bass
permit and a portion of the licensee's share without transferring the licensee's
tidal fish license, so long as the licensee retains at least one striped bass
permit; or
(d) The licensee's share and
all striped bass permits, along with the licensee's tidal fish
license.
(3) Prior to the quota
year, a permanent transfer of a licensee's share or any portion of that share may
only be completed from July 15 through September 15, or the next business day if
September 15 falls on a weekend.
(4) The
time period described in §G(3) of this regulation does not apply to a
transaction where the transferee also receives the transferor's commercial tidal
fish license.
(5) During the quota year,
a permanent transfer of a licensee's share or any portion of that share may be
completed only:
(a) During the time period as
established by public notice in accordance with §H of this regulation;
and
(b) In the increment of share as
established by public notice in accordance with §H of this
regulation.
(6) A commercial
tidal fish licensee registered in the Chesapeake Bay individual transferrable quota
fishery may not receive a share in a permanent transfer that would result in the
transferee possessing more than 1 percent of the total commercial quota for the
Chesapeake Bay.
(7) The transfer limit
described in §G(6) of this regulation does not apply to a transaction where the
transferee also receives the transferor's commercial tidal fish license.
(8) A tidal fish licensee registered in the
Atlantic Ocean fishery may not receive a share in a permanent transfer that would
result in the transferee possessing more than 5 percent of the commercial quota for
the Atlantic Ocean fishery.
(9)
Beneficiary Transfers.
(a) An authorized
representative of a deceased licensee may permanently transfer a striped bass permit
regardless of the number of years the deceased licensee held the striped bass permit
and without transferring the deceased's tidal fish license.
(b) An authorized representative of a deceased
licensee may permanently transfer a share of the striped bass fishery without
transferring the deceased's tidal fish license or striped bass
permit.
(10) A transferee
receiving a striped bass permit registered in the Chesapeake Bay individual
transferrable quota fishery through a permanent transfer may not have that
authorization changed to a striped bass permit registered in the Atlantic Ocean
fishery.
(11) A transferee receiving a
striped bass permit registered in the Atlantic Ocean fishery through a permanent
transfer may not have that authorization changed to a striped bass permit registered
in the Chesapeake Bay individual transferrable quota fishery.
(12) A transferee receiving a share of the
Chesapeake Bay individual transferrable quota fishery through a permanent transfer
may not transfer that share to the Atlantic Ocean fishery.
(13) A transferee receiving a share of the
Atlantic Ocean fishery through a permanent transfer may not transfer that share to
the Chesapeake Bay individual transferrable quota fishery.
H. Modification of Transfer Conditions.
(1) In order to implement the Atlantic States
Marine Fisheries Commission Interstate Fishery Management Plan for Striped Bass, the
Secretary shall establish or modify the time period for temporary or permanent
transfers and the increment in which those transfers may occur by issuing a public
notice on the Department's website that shall state its effective hour and date at
least 48 hours in advance of the effective hour and date.
(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 person has reasonable opportunity to be
informed.
Notes
Regulations.04 amended as an emergency provision effective September 15, 1993 (20:20 Md. R. 1554); emergency status expired March 31, 1994
Regulations .04 adopted permanently effective November 11, 1991 (18:22 Md. R. 2395)
Regulations.04 amended as an emergency provision effective July 1, 1992 (19:14 Md. R. 1272)
Regulations.04 amended effective September 14, 1992 (19:18 Md. R. 1655)
Regulation .04 amended effective June 10, 2002 (29:11 Md. R. 882); July 21, 2003 (30:14 Md. R. 936); April 6, 2009 (36:7 Md. R. 521); November 30, 2009 (36:24 Md. R. 1857); July 23, 2012 (39:14 Md. R. 835); August 5, 2013 (40:15 Md. R. 1228); July 21, 2014 (41:14 Md. R. 798)
Regulation .04A amended as an emergency provision effective April 14, 2015 (42:10 Md. R. 682); emergency status expired effective July 1, 2015
Regulation .04B amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131)
Regulation .04E amended effective August 11, 2008 (35:16 Md. R. 1390)
Regulation .04F amended effective January 1, 2014 (40:25 Md. R. 2068)
Regulation .04G amended effective August 8, 2011 (38:16 Md. R. 944)
Regulation .04 amended effective 42:15 Md. R. 1015, eff.
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