Md. Code Regs. 08.02.15.03

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

Section 08.02.15.03 - Spawning Rivers, Areas, and Reaches

A. For purposes of this chapter, the designation of a spawning river, area, and reach includes all tributaries to the river, area, or reach.

B. The following waters are designated as striped bass spawning rivers and areas:

(1) Choptank River upstream of a line beginning at a point at or near Cook Point, defined by Lat. 38°37.73'N and Long. 76°17.35'W; then running approximately 317° True to a point at or near Blackwalnut Point, defined by Lat. 38°40.24'N and Long. 76°20.37'W;

(2) Nanticoke River upstream of a line beginning at a point at or near Stump Point, defined by Lat. 38°13.73'N and Long. 75°53.82'W; then running approximately 281° True to a point at or near Frog Point, defined by Lat. 38°14.21'N and Long. 75°56.90'W; and downstream of a line beginning at a point at or near the north shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.68'N and Long. 75°42.10'W; then running approximately 176° True to a point at or near the south shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.59'N and Long. 75°42.09'W;

(3) Patuxent River upstream of a line beginning at a point at or near Drum Point, defined by Lat. 38°19.14'N and Long. 76°25.27'W; then running approximately 119° True to a point at or near Hog Point, defined by Lat. 38°18.57'N and Long. 76°23.99'W;

(4) Notwithstanding COMAR 08.02.01.06B(6), Wicomico River upstream of a line beginning at a point at or near Mollies Point, defined by Lat. 38°13.75'N and Long. 75°53.03'W; then running approximately 92° True to a point at or near Wingate Point, defined by Lat. 38°13.71'N and Long. 75°51.62'W;

(5) Blackwater river upstream of a line beginning at a point at or near the northwest end of Snake Island, defined by Lat. 38°21.27'N and Long. 76°00.62'W; then running approximately 311° True to a point at or near the opposite shore, defined by Lat. 38°21.36'N and Long. 76°00.74'W;

(6) Pocomoke River upstream of a line beginning at a point at or near the east end of the Fair Island Canal, defined by Lat. 37°57.79'N and Long. 75°39.33'W; then running approximately 82° True to a point at or near Bullbegger Creek, defined by Lat. 37°57.86'N and Long. 75°38.77'W;

(8) Chester River upstream of a line beginning at a point at or near Love Point, defined by Lat. 39°02.40'N and Long. 76°18.16'W; then running approximately 83° True to a point at or near the northwest point of Eastern Neck Island, defined by Lat. 39°02.77'N and Long. 76°14.05'W;

(9) Manokin River upstream of a line beginning at a point at or near Hazard Point, defined by Lat. 38°04.54'N and Long. 75°52.73'W; then running approximately 307° True to a point at or near Pin Point, defined by Lat. 38°06.72'N and Long. 75°56.45'W;

(10) Potomac River upstream of a line beginning at a point at or near Point Lookout, defined by Lat. 38°02.25'N and Long. 76°19.34'W; then running approximately 155° True to a point at or near the shore on the north side of the north jetty at Smith Point, defined by Lat. 37°53.40'N and Long. 76°14.22'W; and

(11) The area of the Chesapeake Bay and its tributaries upstream of a line beginning at a point at or near Abbey Point, defined by Lat. 39°20.97'N and Long. 76°13.69'W; then running approximately 133° True to a point at or near Worton Point, defined by Lat. 39°19.14'N and Long. 76°11.13'W; including the Sassafras River, the Bohemia River, the Elk River, the Northeast River, an area of the Susquehanna River downstream of a line beginning at a point at or near the southwest end of Conowingo Dam, defined by Lat. 39°39.39'N and Long. 76°10.53'W; then running approximately 22° True to a point at or near the northeast end of Conowingo Dam, defined by Lat. 39°39.89'N and Long. 76°10.26'W; the Susquehanna Flats, and the portion of the Chesapeake and Delaware Canal west of a line beginning at a point at or near the north side of the Chesapeake and Delaware Canal at the Maryland-Delaware state line, defined by Lat. 39°32.20'N and Long. 75°46.77'W; then running approximately 176° True to a point at or near the south side of the Chesapeake and Delaware Canal at the Maryland-Delaware state line, defined by Lat. 39°32.08'N and Long. 75°46.76'W.

C. Within the spawning rivers and areas listed in §§A and B of this regulation, sections of these rivers and areas are established for special conservation actions and are known as striped bass spawning reaches, and are established as follows:

(1) Choptank River upstream of a line beginning at a point at or near Bow Knee point, defined by Lat. 38°40.43'N and Long. 75°57.01'W; then running approximately 139° True to a point at or near a point of land at Wrights Wharf, defined by Lat. 38°40.22'N and Long. 75°56.77'W; and downstream of a line beginning at a point at or near Lyford Landing, defined by Lat. 38°50.62'N and Long. 75°51.94'W; then running approximately 90° True to a point at or near the shore on the east side of the river, defined by Lat. 38°50.62'N and Long. 75°51.81'W; including the portion of the Tuckahoe River downstream of a line beginning at a point at or near the southwest end of the MD Route 328 highway bridge, defined by Lat. 38°49.83'N and Long. 75°54.87'W; then running approximately 53° True to a point at or near the northeast end of the MD Route 328 highway bridge, defined by Lat. 38°49.87'N and Long. 75°54.80'W;

(2) Nanticoke River upstream of a line beginning at a point at or near Newfoundland Point, defined by Lat. 38°19.71'N and Long. 75°54.78'W; then running approximately 88° True to a point at or near Hatcrown Point, defined by Lat. 38°19.75'N and Long. 75°52.93'W; and downstream of a line beginning at a point at or near the north shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.68'N and Long. 75°42.10W; then running approximately 176° True to a point at or near the south shore of the Nanticoke River at the Maryland-Delaware line, defined by Lat. 38°33.59'N and Long. 75°42.09'W; including the portion of Marshyhope Creek downstream of a line beginning at a point at or near the mouth of Little Indian Creek, defined by Lat. 38°32.15'N and Long. 75°45.86'W; then running approximately 132° True to a point at or near a point of land on the opposite shore, defined by Lat. 38°32.11'N and Long. 75°45.80'W;

(3) Patuxent River upstream of a line beginning at a point at or near Deep Landing, defined by Lat. 38°35.77'N and Long. 76°40.22'W; then running approximately 265° True to a point at or near the southerly side of the entrance to Summerville Creek, defined by Lat. 38°35.73'N and Long. 76°40.74'W; and downstream of a line beginning at a point at or near Jackson's Landing, defined by Lat. 38°46.39'N and Long. 76°42.58'W; then running approximately 112° True to a point at or near the east side of the upstream end of Jug Bay, defined by Lat. 38°46.27'N and Long. 76°42.21'W;

(4) Wicomico River upstream of a line beginning at a point at or near Pine Beach, defined by Lat. 38°14.45'N and Long. 75°50.93'W; then running approximately 334° True to a point at or near Holland Point, defined by Lat. 38°14.85'N and Long. 75°51.18'W; and downstream of a line beginning at a point at or near the east side of the mouth of Rockawalking Creek, defined by Lat. 38°20.46'N and Long. 75°40.83'W; then running approximately 128° True to a point at or near the downstream side of the mouth of Stock Creek, defined by Lat. 38°20.37'N and Long. 75°40.69'W;

(5) Blackwater River upstream of a line beginning at a point at or near the north shore of the river near Snake Island, defined by Lat. 38°21.36'N and Long. 76°00.74'W; then running approximately 131° True to a point at or near the south shore of the river at Snake Island, defined by Lat. 38°21.27'N and Long. 76°00.62'W; and downstream of a line beginning at a point at or near the east side of the mouth of the Little Blackwater River, defined by Lat. 38°26.19'N and Long. 76°05.21'W; then running approximately 268° True to a point at or near the west side of the mouth of the Little Blackwater River, defined by Lat. 38°26.19'N and Long. 76°05.55'W;

(6) Pocomoke River upstream of a line beginning at a point at or near Bullbeggar Creek, defined by Lat. 37°57.86'N and Long. 75°38.77'W; then running approximately 258° True to a point at or near the north side of the east entrance of Fair Island Canal, defined by Lat. 37°57.79'N and Long. 75°39.33'W; and downstream of a line beginning at a point at or near the west end of the U.S. Route 13 highway bridge in Pocomoke City, defined by Lat. 38°04.70'N and Long. 75°34.31'W; then running approximately 84° True to a point at or near the east end of the U.S. Route 13 highway bridge in Pocomoke City, defined by Lat. 38°04.71'N and Long. 75°34.25'W;

(7) Transquaking River upstream of a line beginning at a point at or near the east side of the mouth where it enters Fishing Bay, defined by Lat. 38°22.18'N and Long. 75°59.69'W; then running approximately 260° True to a point at or near the west side of the mouth, defined by Lat. 38°22.10'N and Long. 76°00.26'W; and downstream of a line beginning at a point at or near the north side of the river at Beaverdam Pond, defined by Lat. 38°26.38'N and Long. 75°59.67'W; then running approximately 204° True to a point at or near the south side of the river at Beaverdam Pond, defined by Lat. 38°26.35'N and Long. 75°59.69'W; including the waters of the Chicamacomico River downstream of a line beginning at a point at or near the north side of the river at Brick House Landing, defined by Lat. 38°25.72'N and Long. 75°57.42'W; then running approximately 178° True to a point at or near the south side of the river at Brick House Landing, defined by Lat. 38°25.69'N and Long. 75°57.42'W;

(8) Chester River upstream of a line beginning at a point at or near the shore at Piney Grove, defined by Lat. 39°11.04'N and Long. 76°04.04'W; then running approximately 63° True to a point at or near the shore at Primrose Point, defined by Lat. 39°11.17'N and Long. 76°03.70'W; and downstream of a line beginning at a point at or near the north end of the Maryland Route 290 highway bridge at Crumpton, defined by Lat. 39°14.73'N and Long. 75°55.51'W; then running approximately 175° True to a point at or near the south end of the Maryland Route 290 highway bridge at Crumpton, defined by Lat. 39°14.70'N and Long. 75°55.50'W;

(9) Manokin River upstream of a line beginning at a point at or near Sharps Point, defined by Lat. 38°09.30'N and Long. 75°45.36'W; then running approximately 356° True to a point at or near the shore on the north side of the river, defined by Lat. 38°09.37'N and Long. 75°45.36'W; and downstream of a line beginning at a point at or near a point of land on the north side of the river across from Taylor Branch, defined by Lat. 38°11.05'N and Long. 75°42.63'W; then running approximately 137° True to a point at or near the mouth of Taylor Branch, defined by Lat. 38°11.03'N and Long. 75°42.61'W;

(10) Potomac River upstream of a line beginning at a point at or near Upper Cedar Point, defined by Lat. 38°24.44'N and Long. 77°05.51'W; then running approximately 181° True to a point at or near the mouth of Chotank Creek, defined by Lat. 38°22.03'N and Long. 77°05.59'W; and downstream of a line beginning at a point at or near Whitestone Point, defined by Lat. 38°41.08'N and Long. 77°07.39'W; then running approximately 106° True to a point at or near the east shore of the Potomac River, defined by Lat. 38°40.85'N and Long. 77°06.39'W;

(11) Susquehanna River upstream of a line beginning at a point at or near Concord Point, defined by Lat. 39°32.44'N and Long. 76°05.09'W; then running approximately 79° True to a point at or near Stump Point, defined by Lat. 39°32.79'N and Long. 76°02.80'W; and downstream of a line beginning at a point at or near the southwest end of Conowingo Dam, defined by Lat. 39°39.39'N and Long. 76°10.53'W; then running approximately 22° True to a point at or near the northeast end of Conowingo Dam, defined by Lat. 39°39.89'N and Long. 76°10.26'W; and

(12) All of the area of the Chesapeake Bay and its tributaries enclosed by a line beginning at a point at or near Worton Point, defined by Lat. 39°19.14'N and Long 76°11.13'W; then running approximately 313° True to a point at or near Abbey Point, defined by Lat. 39°20.97'N and Long. 76°13.69'W; then running northeasterly along the shore to a point at or near the south entrance of Romney Creek, defined by Lat. 39°22.12'N and Long. 76°11.70'W; then running approximately 52° True to a point at or near Taylor Point, defined by Lat. 39°22.66'N and Long. 76°10.79'W; then running northeasterly along the shore to a point at or near Black Point, defined by Lat. 39°26.11'N and Long. 76°06.11'W; then running approximately 11° True to a point at or near Mulberry Point, defined by Lat. 39°26.62'N and Long. 76°05.98'W; then running approximately 117° True to a point at or near Bear Point, defined by Lat. 39°26.20'N and Long. 76°04.93'W; then running northeasterly along the shore to a point at or near Sandy Point, defined by Lat. 39°26.87'N and Long. 76°03.65'W; then running approximately 87° True to a point at or near Turkey Point, defined by Lat. 39°26.97'N and Long. 76°00.56'W; then running northeasterly along the north shore of the Elk River, including Piney Creek and Plum Creek to a point at or near Scotland Point, defined by Lat. 39°34.68'N and Long. 75°50.60'W; then running approximately 164° True to a point at or near Frenchtown Wharf, defined by Lat. 39°34.56'N and Long. 75°50.56'W; then running southwesterly along the south shore of the Elk River, including Perch Creek, and easterly along the north shore of the Chesapeake and Delaware Canal to a point at or near the Maryland-Delaware line, defined by Lat. 39°32.20'N and Long. 75°46.77'W; then running approximately 176° True to a point at or near the intersection of the Maryland-Delaware line and the south shore of the Chesapeake and Delaware Canal, defined by Lat. 39°32.08'N and Long. 75°46.76'W; then running southeasterly along the south shore of the Chesapeake and Delaware Canal and the Elk River, including Herring Creek to a point at or near Town Point, defined by Lat. 39°29.25'N and Long. 75°55.49'W; then running approximately 232° True to a point at or near Ford Landing, defined by Lat. 39°28.48'N and Long. 75°56.78'W; then running southwesterly along the shore, including Cabin John Creek, Pearce Creek, and Pond Creek to a point at or near Grove Point, defined by Lat. 39°23.40'N and Long. 76°02.47'W; then running approximately 251° True to a point at or near Howell Point, defined by Lat. 39°22.34'N and Long. 76°06.72'W; then running southwesterly along the shore to a point at or near Meeks Point, defined by Lat. 39°20.77'N and Long. 76°08.21'W; then running approximately 210° True to a point at or near Rocky Point, defined by Lat. 39°20.07'N and Long. 76°08.73'W; then running southwesterly along the shore to the point of beginning, defined by Lat. 39°19.14'N and Long. 76°11.13'W.

Md. Code Regs. 08.02.15.03

Regulations .03, .08, and .10 amended and new Regulations .11_.13 adopted as an emergency provision effective July 30, 1991 (18:16 Md. R. 1806); adopted permanently effective November 11, 1991 (18:22 Md. R. 2395)
Regulation .03A amended effective June 10, 2002 (29:11 Md. R. 882)
Regulation .03B amended effective April 12, 2004 (31:7 Md. R. 583); February 25, 2008 (35:4 Md. R. 512)
Regulation .03C amended as an emergency provision effective March 31, 1999 (26:9 Md. R. 726); emergency status expired February 29, 2000
Regulation .03C amended effective April 3, 2000 (27:6 Md. R. 640); April 12, 2004 (31:7 Md. R. 583)
Regulation .03D adopted effective April 12, 2004 (31:7 Md. R. 583)
Regulation .03D amended effective January 17, 2005 (32:1 Md. R. 27)
Regulation .03D amended as an emergency provision effective April 4, 2006 (33:9 Md. R. 794); emergency status expired August 4, 2006
Regulation .03D amended as an emergency provision effective April 9, 2007 (34:9 Md. R. 823); emergency status expired October 6, 2007
Regulation .03D amended effective February 25, 2008 (35:4 Md. R. 512); March 23, 2009 (36:6 Md. R. 489)
Regulation .03E adopted effective March 22, 2010 (37:6 Md. R. 476); amended effective 45:13 Md. R. 664, eff. 7/2/2018; amended effective 47:5 Md. R. 310, eff. 3/9/2020