Md. Code Regs. 08.02.20.02 - Bait Finfish
A. Bait. For the purpose
of this subtitle, "bait" means an attractant to catch fish which includes:
(1) The living or dead, whole body or part of body
of an animal; or
(2) A processed product
from an animal or vegetative source.
B. Bait Harvester Permit.
(1) Prior to harvesting the species listed in
§C of this regulation, an individual not licensed in accordance with Natural
Resources Article, §
4-701, Annotated Code of
Maryland, shall obtain a bait harvester permit from the Department.
(2) A bait harvester permit shall be issued to an
individual who has paid the fee for the permit as described in Natural Resources
Article, §
4-702, Annotated Code of
Maryland to the Department and has met all reporting requirements as required by
this regulation.
(3) An individual
harvesting bait in accordance with this chapter shall have the Department-issued
bait harvester permit in possession while harvesting or transporting bait.
(4) A bait harvester permit may not be
transferred.
(5) Bait harvester permits
issued by the Department shall be valid beginning on September 1 and expire on
August 31 of the following year.
C. Species. The only species of finfish or
shellfish as described at COMAR
08.02.08.03 that may be caught and sold
for use as fishing bait by an individual who is not licensed in accordance with
Natural Resources Article, §
4-701, Annotated Code of
Maryland, are:
(1) Mummichog (Fundulus
heteroclitus);
(2) Striped killifish
(Fundulus majalis);
(3) Banded killifish
(Fundulus diaphanous);
(4) Spottail
shiner (Notropis hudsonius);
(5) Golden
shiner (Notemigonus crysoleucas);
(6)
Rough silverside (Membras martinica);
(7) Silverside (Menidia species);
(8) Anchovy (Anchoa species);
(9) Silvery minnow (Hybognathus
nuchalis);
(10) Mole crab (Emerita
species); and
(11) Grass shrimp
(Palaemonetes species).
D.
Methods.
(1) An individual who is not licensed in
accordance with Natural Resources Article, §
4-701, Annotated Code of
Maryland, may use only the following methods and gear as defined in COMAR
08.02.25.01, to catch bait finfish or
shellfish from the tidal waters of the State:
(a)
Cast net;
(b) Dip net;
(c) Seine;
(d) Hook and line; and
(e) Trap.
(2) A cast net shall be thrown by hand and have a
radius not greater than 10 feet.
(3) A
dip net shall be operated by hand.
(4) A
seine:
(a) May not be emptied on the shore or
beach or in any water less than sufficient depth to enable the unwanted fish to
return to the waters alive;
(b) Shall
have mesh no greater than 1/4 inch; and
(c) May not exceed 50 feet in width and 5 feet in
height.
(5) A trap shall:
(a) Be clearly labeled with the permittee's DNRid
number; and
(b) Be emptied at least once
every 24-hour period.
E. Seasons and Limits.
(1) Season. There is no closed season.
(2) Daily Catch and Possession Limits. The daily
catch and possession limit of bait finfish or shellfish for an individual who is not
licensed in accordance with Natural Resources Article, §
4-701, Annotated Code of
Maryland, is as follows:
(a) Mummichog (Fundulus
heteroclitus): 10 gallons;
(b) Striped
killifish (Fundulus majalis): 10 gallons;
(c) Banded killifish (Fundulus diaphanous): 10
gallons;
(d) Spottail shiner (Notropis
hudsonius): 600 individuals;
(e) Golden
shiner (Notemigonus crysoleucas): 600 individuals;
(f) Rough silverside (Membras martinica): 600
individuals;
(h) Anchovy (Anchoa
species): 600 individuals;
(i) Silvery
minnow (Hybognathus nuchalis): 600 individuals;
(j) Mole crab (Emerita species): 5 gallons;
and
(k) Grass shrimp (Palaemonetes
species): 5 gallons.
F. Reporting. A person permitted by the Department
to harvest bait shall:
(1) Record their catch on
the bait harvester report;
(2) Submit
the bait harvester report as required by the Department; and
(3) Make available daily information and harvest
report cards for immediate inspection on request of a Department
representative.
G. Penalties.
(1) 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.
(2) 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
Notes
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