Md. Code Regs. 08.02.13.06

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

Section 08.02.13.06 - Commercial Fishing Records

A. Any person licensed to fish commercially shall accurately record their catch on forms provided by the Department.

B. During any season a licensee is authorized to fish commercially the licensee shall:

(1) Accurately record their catch on the report or reports described in §C of this regulation or a comparable federal form approved by the Department; and

(2) Unless the licensee has indicated on a form provided by the Department that the licensee will not be participating in a fishery for a particular period of time, the licensee shall submit the completed report or reports to the Department in accordance with §D of this regulation.

C. Reports.

(1) During the appropriate open seasons, the following reports shall be submitted to the Department monthly:

License Type or Authorization	Required Report
Finfish-Hook and Line - Clam Harvester	Daily Commercial Fisheries Catch Log
Northern Snakehead License	Daily Commercial Fisheries Catch Log
Blue and Flathead Catfish Finfish Trotline License	Daily Commercial Fisheries Catch Log

(2) The Maryland monthly oyster report is only required of a licensee that has paid the oyster surcharge in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

(3) All licensees authorized under Natural Resources Article, §4-701, Annotated Code of Maryland, that guide fishing parties shall submit the Commercial Charter Boat Captain's Daily Log in accordance with this regulation.

D. The reports described in §C of this regulation shall be submitted by the 10th day of the month immediately following the month that the report or reports pertain to.

E. In accordance with Natural Resources Article, §4-701(l), Annotated Code of Maryland, the Department may suspend a person's tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license if the reports described in §C of this regulation are not received by the Department within 50 days of the due date described in §D of this regulation.

F. The maximum penalty for failing to submit reports within 50 days of the due date described in §D of this regulation shall be as follows:

Number of Late Reports	Maximum Penalty
1	Warning
2	3-Day Suspension
3	1-Week Suspension
4	2-Week Suspension
5	1-Month Suspension
6	2-Month Suspension
7	3-Month Suspension
8	4-Month Suspension
9	5-Month Suspension
10	6-Month Suspension
11	7-Month Suspension
12	1-Year Suspension

G. The "Number of Late Reports" described in §F of this regulation means the number of late reports the Department has recorded for each individual report required by §C of this regulation in any 12-month period.

H. The "Number of Late Reports" described in §F of this regulation does not mean the total number of late reports the Department has recorded for all reports required by §C of this regulation.

I. The Department may only suspend a licensee under this regulation from participating in the fishery or fisheries to which the reporting violations pertain.

J. The Department may impose less than the maximum suspension.

K. Before the Department imposes a suspension or revocation under this regulation, an individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

Md. Code Regs. 08.02.13.06

Regulation .06 adopted effective February 22, 2010 (37:4 Md. R. 338)
Regulation .06 amended effective September 20, 2010 (37:19 Md. R. 1283)
Regulation .06C, E amended effective April 4, 2011 (38:7 Md. R. 429)
Regulation .06K amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superceded March 19, 2012 (39:5 Md. R. 381)
Regulation .06K amended effective March 19, 2012 (39:5 Md. R. 381); amended effective 46:13 Md. R. 590, eff. 7/1/2019; amended effective 49:22 Md. R. 979, eff. 10/31/2022; amended effective 50:25 Md. R. 1087, eff. 12/25/2023