Md. Code Regs. 08.02.15.05 - Disposition of Catch
A. Permits and Tags.
(1) Prior to the start of a striped bass season,
the Department shall provide tamper-evident locking tags to each commercial tidal
fish licensee who is authorized to participate in a commercial striped bass
fishery.
(2) A commercial tidal fish
licensee who catches striped bass for sale shall:
(a) Have in possession:
(i) A commercial tidal fish license;
(ii) A striped bass permit; and
(iii) Unused tamper-evident tags issued by the
Department to the licensee or received by the licensee through a
transfer;
(b) In the Atlantic
fishery, securely affix a tag issued by the Department to the licensee, as provided
in §A(1) of this regulation, or a tag received through a transfer, through the
mouth and one gill opening:
(i) Immediately to a
striped bass harvested by hook and line;
(ii) Within 200 yards of the pound net to a
striped bass harvested from a pound net; or
(iii) Before removing a striped bass from a boat
or removing a boat from the water, to a striped bass harvested by any other
gear;
(c) In the Chesapeake
Bay individual transferable quota fishery, securely affix a tag issued by the
Department to the licensee, as provided in §A(1) of this regulation, or a tag
received through a transfer, through the mouth and one gill opening before removing
a striped bass from a boat or removing a boat from the water; and
(d) Except as required by Regulation .04F and G of
this chapter, return the assigned striped bass permit or permits and any unused tags
to the Department within 14 days immediately following the end of the quota
year.
(3) Striped bass tags:
(a) May not be reused, defaced, modified, or
counterfeited;
(b) Shall reflect the
commercial fishery in which the striped bass were harvested;
(c) Shall be securely affixed to a whole striped
bass or accompany fillets until sale to the final consumer;
(d) Shall only be used by the commercial tidal
fish licensee to whom they were assigned, except as described in §A(3)(e) of
this regulation; and
(e) Shall be
transferred to the recipient of any allocation or shares in a transfer as described
in COMAR 08.02.15.04.
(4) The
Department may not provide replacement tags for tags that are lost.
(5) A commercial tidal fish licensee registered in
the Chesapeake Bay individual transferable quota or Atlantic fisheries shall receive
a fixed number of tags.
(6) Only striped
bass tags issued by the Department may be on board a vessel while engaged in fishing
for striped bass in the Chesapeake Bay and its tidal tributaries.
(7) A striped bass permit and striped bass tags
for only one commercial fishery may be on board a vessel at any one time.
(8) A packer or dealer may only be in possession
of striped bass tagged in accordance with §A(3) of this
regulation.
B. Importation.
(1) Striped bass legally harvested in another
state may be possessed, transported, processed, sold, offered for sale, or shipped
in Maryland.
(2) Commercially harvested
whole striped bass, imported to Maryland, shall be:
(a) Accompanied by proof of origin which details
numbers and total weight of striped bass for each container; and
(b) Individually tagged with a tamper-evident
sealed tag which:
(i) Is made of plastic, nylon,
or metal,
(ii) Indicates state of
origin, and
(iii) Is securely affixed
through the mouth and one gill opening.
(3) Striped bass fillets are not subject to
tagging requirements if the fillets are imported to Maryland and in a marked
container as specified in §B(2)(a) of this regulation.
C. Check Stations. The Secretary shall:
(1) Designate check stations throughout the
State;
(2) Provide a commercial tidal
fish licensee with a list of check stations; and
(3) Make available, to a check station, forms
required under these regulations.
D. Check-In.
(1)
Time Requirements - Atlantic Fishery.
Within 3 hours of completing a fishing trip and returning to dock, and not later than 9 p.m. on the day of harvest, a commercial tidal fish licensee registered in the Atlantic fishery shall have their striped bass harvest counted and weighed by a Department representative at a check station.
(2) Time Requirements -
Chesapeake Bay Individual Transferable Quota Fishery. A commercial tidal fish
licensee registered in the Chesapeake Bay individual transferable quota fishery
shall have their striped bass counted and weighed by a Department representative at
a check station not later than 9 a.m. on the day immediately following
harvest.
(3) At check-in time a person
shall present his or her commercial tidal fish license and striped bass permit to
the Department representative at the check station.
(4) At check-in, the Department representative
shall:
(a) Specify numbers and weight of fish,
date checked, and commercial tidal fish license number on the daily logsheet issued
by the Department, and striped bass permit;
(b) Complete a daily logsheet issued by the
Department, mail a copy to the Department by Tuesday of the following week, and
maintain a copy;
(c) Record the number
of pounds checked in on the licensee's striped bass permit; and
(d) Adjust the remaining annual allocation by
subtracting the total daily harvest.
Notes
Regulations .05 amended as an emergency provision effective September 15, 1993 (20:20 Md. R. 1554); emergency status expired March 31, 1994
Regulations .05 amended effective July 30, 1991 (18:16 Md. R. 1806); adopted permanently effective November 11, 1991 (18:22 Md. R. 2395)
Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 521)
Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1390)
Regulation .05A, D amended effective June 10, 2002 (29:11 Md. R. 882);40:15 Md. R. 1228, eff.
Regulation .05D amended as an emergency provision effective December 12, 1997 (25:1 Md. R. 14); emergency status expired March 30, 1998
Regulation .05D 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)
Regulations .05D amended as an emergency provision effective November 11, 1996 (23:24 Md. R. 1675); emergency status expired March 31, 1997
Regulation .05D amended effective June 10, 2002 (29:11 Md. R. 882)
Regulation .05D amended as an emergency provision effective December 1, 2002 (30:1 Md. R. 20); emergency status expired February 28, 2003
Regulation .05D amended as an emergency provision effective December 1, 2003 (30:25 Md. R. 1842); emergency status expired December 31, 2003; amended effective 51:8 Md. R. 366, eff.
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