Md. Code Regs. 08.02.25.07 - Commercial - Pound Nets
A. Definitions.
(1) For purposes of this regulation, the following
terms have the meanings indicated.
(2)
Terms Defined.
(a) "Co-user" means an individual
who is:
(i) Properly licensed in accordance with
Natural Resources Article, §
4-701, Annotated Code of
Maryland;
(ii) Designated in writing to
the Department by the registrant; and
(iii) Authorized to harvest fish from the
specified pound net site.
(b)
"Registrant" means the individual who registered the pound net site and owns the
pound net.
B.
Pound Net Sites.
(1) An individual may not set a
pound net in State waters unless:
(a) The
individual has submitted a completed registration form provided by the
Department;
(b) The individual is
properly licensed in accordance with Natural Resources Article, §
4-701, Annotated Code of
Maryland;
(c) The site is approved by
the Department;
(d) The site is
registered in the individual's name; and
(e) The individual has notified the Department of
the setting of the net in compliance with §E of this regulation.
(2) An individual may not register more
than eight pound net sites with the Department.
(3) The pound net site registrant shall notify the
Department in writing to cancel a pound net site registration.
(4) A pound net set at a registered site by the
registrant has priority over other commercial finfish gear with regard to any
distance requirements set forth in Natural Resources Article, §
4-711, Annotated Code of
Maryland.
(5) A commercial tidal fish
licensee that intends to use a pound net to harvest striped bass shall comply with
the additional structural requirements described in COMAR 08.02.15.04.
(6) The Department may approve the permanent
transfer of a registered pound net site upon completion of the appropriate transfer
application and pound net site registration.
(7) The Department may revoke the registration of
a pound net site for cause, including but not limited to, the revocation or lapse of
the registrant's commercial tidal fish license.
C. Co-Users.
(1)
A registrant may designate one or more co-users for each pound net site by
completing a form provided by the Department.
(2) A registrant may designate or remove a co-user
at any time during the year.
(3) A
co-user shall display their commercial identification number on the designated pound
net.
(4) A co-user is authorized to
harvest fish only from the specified pound net site.
D. Marking of Pound Nets. The registrant shall
mark the pound net while the stakes are in the water, regardless of whether the nets
are attached, as follows:
(1) The stake at the head
of a pound net shall be marked by a light that is functional between sunset and
sunrise, which shall be:
(a) Placed on the stake
at least 6 feet above normal high water; and
(b) Visible in all directions for at least 1 mile
on a clear night; or
(2) The
stake of a pound net shall be marked with retro-reflective tape, as specified by the
Department, which is placed on the stake at least 6 feet above normal high water in
the following areas and manner:
(a) On all State
waters, except for Potomac River tributaries:
(i)
The stake at each end of the pound net shall be marked with three 4-inch bands of
orange retro-reflective tape which do not overlap; and
(ii) The stakes between the two end stakes, at
intervals not greater than 150 feet apart, shall be marked with a single 4-inch band
of white retro-reflective tape; and
(b) On Potomac River tributaries:
(i) The end stake closest to the channel and on
the right side of channel when entering from a seaward direction, shall be marked
with three 4-inch bands of red retro-reflective tape, which do not overlap, and the
opposite end stake shall be marked with three 4-inch bands of green retro-reflective
tape which do not overlap;
(ii) The end
stake closest to the channel and on the left side of the channel when entering from
a seaward direction shall be marked with three 4-inch bands of green
retro-reflective tape which do not overlap, and the opposite end stake shall be
marked with three 4-inch bands of red retro-reflective tape which do not overlap;
and
(iii) At least three stakes between
the two end stakes, at intervals not greater than 150 feet apart, shall be marked
with a single 4-inch band of white retro-reflective tape.
E. Pound Net Activity
Notification.
(1) A pound net site may be activated
by the registrant for:
(a) A full license year
beginning on July 15 immediately prior to the license year; or
(b) The remainder of the license year at any point
during the license year.
(2)
The registrant shall ensure that written notice is received by the Department at
least 7 days prior to setting any pound net.
(3) Notification shall be on a form provided by
the Department.
F. Pound Net
Soak Time Limits.
(1) During the time period of
January through June, pound nets shall be fished at the interval set by the
Department in a public notice, with all entrapped striped bass released.
(2) The Secretary shall publish such notice on the
Department's website no later than December 1 of the year preceding the soak time
limit provision taking effect.
Notes
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