Md. Code Regs. 08.02.05.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.02.05.03 - Spot

A. Definitions.

(1) In this regulation, the following term has the meaning indicated.

(2) Term Defined. "Fishing party" means the combined total number of people on a guided fishing trip consisting of the licensed guide, the individuals under the guidance of the fishing guide, and their vessels.

B. Recreational Fishery. Except as provided in §§C and D of this regulation, an individual may not catch or possess more than 50 spot per person per day.

C. Fishing Guide - Limited (Type L).

(1) This section only applies to an individual who is licensed as a limited fishing guide in accordance with Natural Resources Article, § 4-210, Annotated Code of Maryland.

(2) For each guided fishing trip:

(a) The number of spot in possession by the fishing party during the trip may not exceed the product of 50 multiplied by the number of individuals that the licensed guide may guide on one trip; and

(b) An individual under the guidance of a licensed fishing guide may not possess more than 50 spot.

(3) Any spot in excess of the individual limit specified in §C(2)(b) of this regulation:

(a) Shall be:

(i) Alive; and

(ii) In possession of the licensed guide; and

(b) May not exceed the fishing party limit specified in §C(2)(a) of this regulation.

D. Fishing Guide - Guides Other than Limited Fishing Guides (Type L).

(1) This section only applies to an individual who is:

(a) Licensed to provide fishing guide services in accordance with Natural Resources Article, §§ 4-210.1 or 4-701, Annotated Code of Maryland; or

(b) Permitted in accordance with Natural Resources Article § 4-210.2, Annotated Code of Maryland.

(2) For each guided fishing trip:

(a) The number of spot on board the vessel may not exceed the product of 50 multiplied by the maximum number of individuals that the licensed guide may have on the vessel; and

(b) An individual under the guidance of a licensed fishing guide may not possess more than 50 spot.

(3) Any spot on the vessel in excess of the individual limit specified in §D(2)(b) of this regulation:

(a) Shall be:

(i) Alive; and

(ii) In possession of the captain or licensed guide; and

(b) May not exceed the vessel limit specified in §D(2)(a) of this regulation.

E. Commercial Season. The commercial season for catching spot is April 10 through November 24.

F. Public Notice.

(1) The Secretary may establish or modify catch limits, size limits, and seasons for spot in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Spot, by issuing a public notice on the Department's website.

(2) The public notice shall state its effective hour and date and shall be published on the Department's website at least 48 hours in advance of the effective hour and date.

(3) The Secretary shall make a reasonable effort to disseminate a public notice issued under this section through various other media so that an affected individual has a reasonable opportunity to be informed.

(4) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.

Md. Code Regs. 08.02.05.03

Regulations .03 and .03G repealed effective August 15, 1983 (10:16 Md. R. 1450); repealed effective 43:3 Md. R. 271, eff.2/15/2016; adopted effective 48:12 Md. R. 470, eff. 6/14/2021