Md. Code Regs. 08.02.11.04

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

Section 08.02.11.04 - Statewide General Regulations

A. Open Seasons, Creel, Possession, and Size Limits on Game and Fresh Water Fish in Nontidal Waters. Except as otherwise provided in this chapter for specific areas, the following apply Statewide:

(1) Open Seasons.

Species	Open Season
(a) Walleye	No closed season, except a closed season on Deep Creek Lake and the Youghiogheny River downstream of the Route 42 Bridge, from March 1 through April 15
(b) Trout (all species)	No closed season, except as provided in Regulation .01B, C, E, F, and G of this chapter.
(c) Catfish, suckers, carp, eel, gudgeon, all species of sunfish, including bluegills, rock bass (commonly known as red eye or goggle-eye), fallfish, crappie, perch (white and yellow)	No closed season
(d) Largemouth bass	June 16 through the last day of February.
(e) Smallmouth bass	June 16 through the last day of February.
(f) Pickerel	No closed season
(g) Northern pike	No closed season
(h) Muskellunge and hybrids including tiger musky	No closed season
(i) Herring	No open season
(j) American (white) shad, hickory shad	No open season
(k) Striped bass and striped bass hybrids
(i) Nontidal streams and rivers	Closed
(ii) Nontidal lakes and ponds	No closed season
(l) Fish caught during closed seasons shall be returned to waters of the State immediately after being caught.
(m) Bivalve/shellfish (mussels and clams)	No open season
(n) Yellow Perch	No closed season
(o) Saugeye	No closed season

(2) Creel and Possession Limits.

Daily Creel	Possession
(a) Trout (all species) in aggregate	2, except as specified in Regulation .01 of this chapter	4, except as specified in Regulation .01 of this chapter
(b) Largemouth bass and smallmouth bass in aggregate	5	10
(c) Walleye	5	5
(d) Pickerel	5	10
(e) Northern pike	2	4
(f) Muskellunge and hybrids including tiger musky	1	2
(g) Sucker species in aggregate	30	60
(h) White perch	No daily limit
(i) American (white) and hickory shad	Closed season-none permitted
(j) Herring (Blueback and Alewife)	Closed season-none permitted
(k) Striped bass and striped bass hybrids
(i) Nontidal streams and rivers	Closed season - none permitted
(ii) Nontidal lakes and ponds	2, only one of which may be over 30 inches	4, only 1 of which may be over 30 inches
(l) Gudgeon	No daily limit
(m) Crappie species in aggregate	15	30
(n) Channel catfish	5	10
(o) Fallfish	No daily limit
(p) Sunfish species in aggregate, including Bluegills and Rock Bass (commonly known as Red Eye or goggle-eye)	15	30
(q) Carp	15	30
(r) Eel	25	25
(s) Yellow Perch	10	20
(t) Bivalve/shellfish (mussels and clams)	Closed season - none permitted
(u) Saugeye	5	10

(3) Minimum Size from Tip of Nose to End of Caudal Fin or Tail

(a) Largemouth bass	12 inches, except as provided in Regulation .03A and E of this chapter.
(b) Smallmouth bass	12 inches, except as provided in Regulation .03A of this chapter.
(c) Walleye
(d) Pickerel	14 inches
(e) Northern pike	30 inches
(f) Muskellunge and hybrids including tiger musky	36 inches
(g) Striped bass and striped bass hybrids
(i) Nontidal streams and rivers	Closed season - none permitted
(ii) Nontidal lakes and ponds	18 inches
(h) Gudgeon	No minimum size
(i) Trout (all species)	No minimum size
(j) Fallfish	No minimum size
(k) Catfish	No minimum size
(l) White Perch	No minimum size
(m) Suckers	No minimum size
(n) Crappie	No minimum size
(o) Sunfish, including bluegills, rock bass (commonly known as red eye or goggle-eye)	No minimum size
(p) Carp	No minimum size
(q) Eel	9 inches
(r) Yellow Perch
(i) Nontidal streams and rivers	9 inches
(ii) Nontidal lakes and ponds	No minimum size.
(s) Saugeye	15 inches

B. Swimming. Swimming is prohibited in any area controlled by the Inland Fisheries Division except in designated areas.

C. Ice Fishing in Nontidal Waters.

(1) A person may fish through the ice in any nontidal waters of the State during the lawful open season if an angler's license first is obtained.

(2) A person may not cut a hole through the ice for the purpose of ice fishing that measures more than 10 inches across in any direction.

(3) It will be lawful for any person who is ice fishing to use up to five tip ups or rods (hand held devices) when ice fishing.

(4) All tip ups and rods used by a person engaged in ice fishing shall be under the immediate control of the person.

D. State Fish Refuges and Fish Hatcheries. A person may not fish in any State fish refuge, fish hatchery, or fish propagation area except persons authorized by the Department.

E. Importation-Fish.

(1) For the purpose of this regulation, "indigenous" means any fish species that naturally occurs in, or has been artificially introduced into, the waters of the State, and has established self-sustaining populations for at least 10 years.

(2) So that the fish populations in the nontidal waters of the State may be protected from exotic species that might be harmful, a person may not introduce into the nontidal waters, or import or possess for introduction, any live fish not indigenous to the nontidal waters of the State.

(3) Insofar as indigenous fish species of the tidal waters have not been harmful to the nontidal waters, but exotic species pose a threat to nontidal fish populations, a person may not introduce into the tidal waters, or import or possess for introduction, any live fish not indigenous to the tidal waters of the State without first obtaining a permit to do so from the Inland Fisheries Division. This permit shall be granted only if satisfactory proof is presented to the Division that the specific fish intended to be imported will be free of any communicable disease at the time of importation and will not be harmful to the native flora and fauna in the nontidal waters. Application for the permit shall be filed with the Division not less than 60 days before the proposed date of importation.

(4) The provisions of this regulation with respect to importation and possession do not apply to fish for use in laboratories or exhibitions, or for use as pets. Any fish not indigenous to the waters of the State shall be held only in aquaria or other indoor facility from which escape into the waters of the State is impossible.

(5) The introduction of any indigenous fish species except bait fish on a hook for the purpose of angling into the nontidal waters of the State is prohibited without written approval of the Inland Fisheries Division.

F. Commercial Harvest and Sale of Fish. Except as provided in Natural Resources Article, §4-11 A-02, Annotated Code of Maryland, requirements concerning aquaculture operations, a person may not buy, sell, or offer to buy or sell any fish harvested from the nontidal waters of the State.

G. Vehicles on Inland Fisheries Division Owned or Controlled Lands.

(1) For the purpose of this regulation, "vehicle" means a vehicle or vessel propelled by mechanical power that is capable of travelling on land, snow, or ice.

(2) A person may not operate any vehicle on any lands owned or controlled by the Inland Fisheries Division without written permission of the Division except on those roads, lanes, or areas which are open to automobile traffic or which are specifically marked by the Division.

H. Camping on Inland Fisheries Division Owned or Controlled Lands.

(1) For the purpose of this regulation, "camping" means erecting tents or other shelters for the purpose of residing temporarily upon the property overnight.

(2) A person may not camp on lands owned or controlled by the Inland Fisheries Division except on designated sites or by written permit, or both.

(3) It is unlawful to fish in a lake or pond owned or controlled by the Inland Fisheries Division before 5:30 a.m. and after 10 p.m.

I. Bait.

(1) Term Defined. In this regulation, the term "bait fish" means any species of fish which does not otherwise have a catch or possession limit and which is legally permitted to be put on a hook for the purpose of catching fish.

(2) A person may not:

(a) Take or possess more than 35 bait fish in any day from nontidal waters of the State; or

(b) Take bait fish of any area described in Regulation .01B-H of this chapter.

(3) Crayfish.

(a) In the waters of the Middle Potomac River, Upper Potomac River, and Susquehanna River basins, as described by Maryland Integrated Watershed Data and Information System 6-Digit Map, a person may not:

(i) Catch and possess any species of crayfish unless the head is immediately removed behind the eyes upon capture;

(ii) Use any species of crayfish as bait unless the head is removed behind the eyes;

(iii) Possess any species of crayfish while fishing unless the head is removed behind the eyes; or

(iv) Catch and possess an egg-bearing female with eggs attached to the underside of the abdomen.

(b) In addition to §I(2)(a) of this regulation, regulations relating to the importation, transport, purchase, possession, propagation, sale, or release of specific nuisance species of crayfish appear in COMAR 08.02.19.04.

J. Possession of Fish Whose Physical Condition Has Been Altered.

(1) While at the fishing location, a person may not remove the head and tail of any:

(a) Fish for which there is a minimum size; or

(b) Trout.

(2) The head and tail of any fish for which there is a minimum size or trout shall remain attached in such a manner as to permit identification of fish species and total length.

(3) An individual may not have in possession at a fishing location more than 1 quart of fish which have been cut into pieces.

(4) This provision does not apply to the capture of snakehead fish, under §P of this regulation.

K. Closing Against Entry. A person or vehicle may not enter, go upon, or remain upon any lands or waters owned or controlled by the Department after the posted hours for closing to public use or during any periods when those lands or waters are closed to public entry, except by written permission of the Department.

L. Culling of Trout.

(1) In this chapter, "cull" means to exchange or discard a trout in order to possess another trout.

(2) An individual may not cull trout.

(3) A trout that is not immediately released becomes part of the daily creel limit and may not be returned to the water.

(4) A trout is part of the daily creel and possession limit if it cannot freely swim away from a person.

M. Licenses and Stamps.

(a) A person may not catch or attempt to catch game or freshwater fish without first obtaining an angler's license in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland.

(b) A person may not catch, attempt to catch or possess trout without first obtaining a trout stamp.

N. Snakehead Harvest.

(1) An individual may capture and possess a snakehead fish using any legal method if, immediately upon capture, the

(a) Head of the snakehead fish is immediately removed;

(b) Body is gutted;

(c) Gill arches are removed from both sides of the fish; or

(d) Fish is filleted snakehead is killed.

(2) The capture and possession of snakehead fish is not subject to any season, creel limit, or size limit.

(3) Further restrictions on possession of certain species of snakehead fish may be found in COMAR 08.02.19.06.

O. Public Notices.

(1) The Secretary may modify catch limits, size limits, and restricted areas, or open, close, or modify a season by publishing notice in a daily newspaper of general circulation at least 48 hours in advance, stating the effective hour and date.

(2) The Secretary shall make a reasonable effort to disseminate public notice through various other media so that an affected person has a reasonable opportunity to be informed.

P. In addition to any requirements in this chapter, gear may only be used in accordance with the requirements in COMAR 08.02.25.

Md. Code Regs. 08.02.11.04

Regulation .04 amended effective January 1, 1979 (5:21 Md. R. 1587); August 24, 1979 (6:17 Md. R. 1394)
Regulation .04A amended as an emergency provision effective January 19, 1978 (5:3 Md. R. 133)
Regulation .04A amended effective October 25, 1974 (1:3 Md. R. 154); October 15, 1975 (2:23 Md. R. 1414); January 1, 1977 (3:23 Md. R. 1301); January 1, 1978 (4:23 Md. R. 1731); November 14, 1980 (7:23 Md. R. 2165); February 15, 1982 (9:3 Md. R. 221); January 17, 1983 (10:1 Md. R. 27); January 16, 1984 (11:1 Md. R. 41); August 27, 1984 (11:17 Md. R. 1491); December 31, 1984 (11:26 Md. R. 2278); January 27, 1986 (13:2 Md. R. 136)
Regulation .04B amended effective October 25, 1974 (1:3 Md. R. 154); October 15, 1975 (2:23 Md. R. 1414); January 1, 1977 (3:23 Md. R. 1301); January 1, 1978 (4:23 Md. R. 1731); January 17, 1983 (10:1 Md. R. 27); January 16, 1984 (11:1 Md. R. 41)
Regulation .04C amended effective October 25, 1974 (1:3 Md. R. 154); October 15, 1975 (2:23 Md. R. 1414); January 1, 1977 (3:23 Md. R. 1301); January 1, 1978 (4:23 Md. R. 1731)
Regulation .04 repealed and new .04 effective January 26, 1987 (14:2 Md. R. 127)
Regulation .04 amended effective January 1, 1991 (17:25 Md. R. 2906)
Regulation .04A amended effective February 8, 1988 (15:3 Md. R. 303); January 9, 1989 (15:27 Md. R. 3128); January 1, 1992 (18:25 Md. R. 2749); January 1, 1993 (19:25 Md. R. 2204); January 1, 1994 (20:24 Md. R. 1864); November 18, 1996 (23:23 Md. R. 1555); January 1, 2000 (26:24 Md. R. 1857)
Regulation .04B amended as an emergency provision effective April 2, 1987 (14:9 Md. R. 1077); amended permanently effective July 12, 1987 (14:14 Md. R. 1570)
Regulation .04B amended effective February 8, 1988 (15:3 Md. R. 303); January 1, 1994 (20:24 Md. R. 1864); January 1, 2000 (26:24 Md. R. 1857)
Regulation .04C amended effective January 9, 1989 (15:27 Md. R. 3128); November 20, 1994 (21:23 Md. R. 1932); January 1, 1996 (22:22 Md. R. 1656); January 1, 1999 (25:24 Md. R. 1772)
Regulation .04D amended effective January 9, 1989 (15:27 Md. R. 3128); December 25, 1989 (16:25 Md. R. 2709); January 1, 1992 (18:25 Md. R. 2749)
Regulation .04E adopted effective February 8, 1988 (15:3 Md. R. 303)
Regulation .04E amended effective January 9, 1989 (15:27 Md. R. 3128); January 1, 1993 (19:25 Md. R. 2204)
Regulation .04F adopted effective February 8, 1988 (15:3 Md. R. 303)
Regulation .04F amended effective January 1, 1994 (20:24 Md. R. 1864); November 20, 1994 (21:23 Md. R. 1932); November 17, 1997 (24:23 Md. R. 1609); January 1, 1999 (25:24 Md. R. 1772)
Regulation .04G adopted effective September 3, 1990 (17:17 Md. R. 2077)
Regulation .04G amended effective January 1, 1993 (19:25 Md. R. 2204); January 1, 1994 (20:24 Md. R. 1864); November 18, 1996 (23:23 Md. R. 1555); January 1, 2000 (26:24 Md. R. 1857)
Regulation .04H amended effective January 1, 1996 (22:22 Md. R. 1656); January 1, 1999 (25:24 Md. R. 1772); January 1, 2000 (26:24 Md. R. 1857)
Regulation .04I, J adopted effective January 1, 1994 (20:24 Md. R. 1864)
Regulation .04I, J amended and K adopted effective November 20, 1994 (21:23 Md. R. 1932)
Regulation .04I amended effective January 1, 1996 (22:22 Md. R. 1656); January 1, 2000 (26:24 Md. R. 1857)
Regulation .04J amended as an emergency provision effective May 31, 1995 (22:6 Md. R. 470); amended permanently effective June 5, 1995 (22:11 Md. R. 819)
Regulation .04K amended effective November 17, 1997 (24:23 Md. R. 1609); January 1, 1999 (25:24 Md. R. 1772); January 1, 2000 (26:24 Md. R. 1857)
Regulation .04 amended effective January 1, 2008 (34:24 Md. R. 2157); October 17, 2011 (38:21 Md. R. 1277)
Regulation .04 amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1221); emergency status expired December 23, 2013
Regulation .04 amended effective December 23, 2013 (40:25 Md. R. 2067)
Regulation .04A, B amended effective January 1, 2007 (33:26 Md. R. 1996)
Regulation .04C amended effective January 1, 2003 (29:21 Md. R. 1645); January 1, 2004 (30:21 Md. R. 1528); January 1, 2005 (31:21 Md. R. 1544); January 1, 2006 (32:23 Md. R. 1825); January 1, 2007 (33:26 Md. R. 1996); January 1, 2009 (35:24 Md. R. 2077); January 26, 2009 (36:2 Md. R. 99)
Regulation .04C, K amended effective January 1, 2010 (36:24 Md. R. 1857)
Regulation .04E amended effective January 1, 2004 (30:21 Md. R. 1528)
Regulation .04F amended effective January 1, 2006 (32:23 Md. R. 1825)
Regulation .04L adopted effective March 24, 2008 (35:6 Md. R. 696)
Regulation .04L amended effective January 1, 2009 (35:24 Md. R. 2077)
Regulation .04O amended as an emergency provision effective July 14, 2008 (35:16 Md. R. 1388)
Regulation .04O amended effective October 6, 2008 (35:20 Md. R. 1774)
Regulation .04O, P amended as an emergency provision effective July 16, 2009 (36:17 Md. R. 1309); amended permanently effective September 21, 2009 (36:19 Md. R. 1435)
Regulation .04O amended effective September 20, 2010 (37:19 Md. R. 1283)
Regulation .04R adopted effective January 1, 2002 (28:21 Md. R. 1854)
Regulation .04R amended effective January 1, 2007 (33:26 Md. R. 1996)
Regulation .04S adopted effective January 1, 2006 (32:23 Md. R. 1825)
Regulation .04S amended effective January 1, 2007 (33:26 Md. R. 1996)
Regulation .04U adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1309); adopted permanently effective September 21, 2009 (36:19 Md. R. 1435)
Regulation .04V adopted effective January 1, 2010 (36:24 Md. R. 1857)
Regulation .04W adopted effective November 29, 2010 (37:24 Md. R. 1657)
Regulations .04 amended effective 41:25 Md. R. 1477, eff.12/22/2014; amended effective 43:1 Md. R. 13, eff.1/18/2016; amended effective 44:3 Md. R. 188, eff. 2/13/2017; amended effective 46:14 Md. R. 621, eff. 7/15/2019; amended effective 46:22 Md. R. 976, eff. 11/4/2019; amended effective 50:14 Md. R. 592, eff. 7/24/2023; amended effective 51:1 Md. R. 1-62, eff. 1/22/2024