Md. Code Regs. 08.02.08.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.02.08.08 - Shrimp

A. Recreational Fishery.

(1) An individual may use any gear authorized in COMAR 08.02.25.03 to catch shrimp for recreational purposes.

(2) There is no closed season, size limit, or catch or possession limit for the recreational fishery.

(3) An individual catching or attempting to catch shrimp for recreational purposes must be licensed or registered in accordance with COMAR 08.02.01.07.

B. Commercial Fishery.

(1) A person shall be licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and permitted in accordance with this regulation in order to catch, possess, or land shrimp for commercial purposes.

(2) Maryland Shrimp Permit.

(a) An individual is eligible to declare for a permit to catch and land shrimp in Maryland if they are properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

(b) A shrimp permit:

(i) Is valid for the commercial license year; and

(ii) May not be transferred.

(3) A person licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and permitted in accordance with this regulation, may use any of the gear listed under COMAR 08.02.25.01 to catch shrimp, as long as that gear would otherwise be allowed to harvest fish under their license and the gear is used in accordance with the rules established under COMAR 08.02 and Natural Resources Article, Title 4, Annotated Code of Maryland.

(4) Pilot Program.

(a) The Department may conduct a pilot project to demonstrate and evaluate new approaches to managing the shrimp fishery.

(b) Notwithstanding Natural Resources Article, Title 4, Annotated Code of Maryland and COMAR 08.02, pilot projects may be conducted to implement and assess conservation and management measures.

(c) The Department may select and designate certain persons licensed under Natural Resources Article, §4-701, Annotated Code of Maryland, to participate in a pilot project. A participating licensee shall:

(i) Apply for a pilot program permit on forms provided by the Department;

(ii) Have a pilot program permit in order to participate in a pilot program;

(iii) Comply with any conditions of the permit; and

(iv) Be eliminated from the pilot project at the discretion of the Department.

(d) The Department shall:

(i) Develop pilot projects in cooperation with the commercial fishing industry; and

(ii) Provide adequate notice of a pilot program through various media so that an interested individual has reasonable opportunity to be informed.

C. Reporting and Penalties.

(1) An individual shall record the harvest of shrimp in accordance with Natural Resources Article, §4-206, Annotated Code of Maryland.

(2) In addition to any other penalty, failure to comply with this regulation may result in the suspension of the current permit or the denial of a subsequent permit.

(3) Prior to suspending a permit or denying an application for a permit under this regulation, 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.

D. General.

(1) The Secretary may establish or modify catch limits, size limits, or seasons for shrimp or open or close areas for shrimp harvest in order to implement the South Atlantic Fishery Management Council Shrimp Fishery Management Plan for the South Atlantic Region, 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 the public notice through various other media so that an affected person has 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. 08.02.08.08

Regulation .08 adopted effective February 28, 1983 (10:4 Md. R. 315)
Regulation .08 amended as an emergency provision effective April 11, 1988 (15:9 Md. R. 1107)
Regulation .08 amended effective March 20, 1989 (16:5 Md. R. 627)
Regulation .08 amended as an emergency provision effective April 5, 1991 (18:9 Md. R. 1004); amended permanently effective August 5, 1991 (18:15 Md. R. 1725)
Regulation .08 amended effective January 31, 2005 (32:2 Md. R. 145)
Regulation .08 repealed effective September 24, 2007 (34:19 Md. R. 1649); adopted effective 49:6 Md. R. 405, eff. 3/21/2022