Md. Code Regs. 08.02.15.05

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

Section 08.02.15.05 - Disposition of Catch

A. Permits and Tags.

(1) Prior to the start of a striped bass season, the Department shall provide tamper-evident locking tags to each commercial tidal fish licensee who is authorized to participate in a commercial striped bass fishery.

(2) A commercial tidal fish licensee who catches striped bass for sale shall:

(a) Have in possession:

(i) A commercial tidal fish license;

(ii) A striped bass permit; and

(iii) Unused tamper-evident tags issued by the Department to the licensee or received by the licensee through a transfer;

(b) In the Atlantic fishery, securely affix a tag issued by the Department to the licensee, as provided in §A(1) of this regulation, or a tag received through a transfer, through the mouth and one gill opening:

(i) Immediately to a striped bass harvested by hook and line;

(ii) Within 200 yards of the pound net to a striped bass harvested from a pound net; or

(iii) Before removing a striped bass from a boat or removing a boat from the water, to a striped bass harvested by any other gear;

(c) In the Chesapeake Bay individual transferable quota fishery, securely affix a tag issued by the Department to the licensee, as provided in §A(1) of this regulation, or a tag received through a transfer, through the mouth and one gill opening before removing a striped bass from a boat or removing a boat from the water; and

(d) Except as required by Regulation .04F and G of this chapter, return the assigned striped bass permit or permits and any unused tags to the Department within 14 days immediately following the end of the quota year.

(3) Striped bass tags:

(a) May not be reused, defaced, modified, or counterfeited;

(b) Shall reflect the commercial fishery in which the striped bass were harvested;

(c) Shall be securely affixed to a whole striped bass or accompany fillets until sale to the final consumer;

(d) Shall only be used by the commercial tidal fish licensee to whom they were assigned, except as described in §A(3)(e) of this regulation; and

(e) Shall be transferred to the recipient of any allocation or shares in a transfer as described in COMAR 08.02.15.04.

(4) The Department may not provide replacement tags for tags that are lost.

(5) A commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota or Atlantic fisheries shall receive a fixed number of tags.

(6) Only striped bass tags issued by the Department may be on board a vessel while engaged in fishing for striped bass in the Chesapeake Bay and its tidal tributaries.

(7) A striped bass permit and striped bass tags for only one commercial fishery may be on board a vessel at any one time.

(8) A packer or dealer may only be in possession of striped bass tagged in accordance with §A(3) of this regulation.

B. Importation.

(1) Striped bass legally harvested in another state may be possessed, transported, processed, sold, offered for sale, or shipped in Maryland.

(2) Commercially harvested whole striped bass, imported to Maryland, shall be:

(a) Accompanied by proof of origin which details numbers and total weight of striped bass for each container; and

(b) Individually tagged with a tamper-evident sealed tag which:

(i) Is made of plastic, nylon, or metal,

(ii) Indicates state of origin, and

(iii) Is securely affixed through the mouth and one gill opening.

(3) Striped bass fillets are not subject to tagging requirements if the fillets are imported to Maryland and in a marked container as specified in §B(2)(a) of this regulation.

C. Check Stations. The Secretary shall:

(1) Designate check stations throughout the State;

(2) Provide a commercial tidal fish licensee with a list of check stations; and

(3) Make available, to a check station, forms required under these regulations.

D. Check-In.

(1) Time Requirements - Atlantic Fishery.

Within 3 hours of completing a fishing trip and returning to dock, and not later than 9 p.m. on the day of harvest, a commercial tidal fish licensee registered in the Atlantic fishery shall have their striped bass harvest counted and weighed by a Department representative at a check station.

(2) Time Requirements - Chesapeake Bay Individual Transferable Quota Fishery. A commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota fishery shall have their striped bass counted and weighed by a Department representative at a check station not later than 9 a.m. on the day immediately following harvest.

(3) At check-in time a person shall present his or her commercial tidal fish license and striped bass permit to the Department representative at the check station.

(4) At check-in, the Department representative shall:

(a) Specify numbers and weight of fish, date checked, and commercial tidal fish license number on the daily logsheet issued by the Department, and striped bass permit;

(b) Complete a daily logsheet issued by the Department, mail a copy to the Department by Tuesday of the following week, and maintain a copy;

(c) Record the number of pounds checked in on the licensee's striped bass permit; and

(d) Adjust the remaining annual allocation by subtracting the total daily harvest.

Md. Code Regs. 08.02.15.05

Regulations .05 amended as an emergency provision effective July 1, 1994 (21:15 Md. R. 1298);
Regulations .05 amended as an emergency provision effective September 15, 1993 (20:20 Md. R. 1554); emergency status expired March 31, 1994
Regulations .05 amended effective July 30, 1991 (18:16 Md. R. 1806); adopted permanently effective November 11, 1991 (18:22 Md. R. 2395)
Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 521)
Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1390)
Regulation .05A, D amended effective June 10, 2002 (29:11 Md. R. 882);40:15 Md. R. 1228, eff. 8/5/2013 ; 40:25 Md. R. 2068, eff. 1/1/2014 41:15 Md. R. 889, eff. 8/4/2014
Regulation .05D amended as an emergency provision effective December 12, 1997 (25:1 Md. R. 14); emergency status expired March 30, 1998
Regulation .05D amended as an emergency provision effective April 17, 1998 (25:9 Md. R. 674); amended permanently effective July 12, 1998 (25:14 Md. R. 1131)
Regulations .05D amended as an emergency provision effective November 11, 1996 (23:24 Md. R. 1675); emergency status expired March 31, 1997
Regulation .05D amended effective June 10, 2002 (29:11 Md. R. 882)
Regulation .05D amended as an emergency provision effective December 1, 2002 (30:1 Md. R. 20); emergency status expired February 28, 2003
Regulation .05D amended as an emergency provision effective December 1, 2003 (30:25 Md. R. 1842); emergency status expired December 31, 2003; amended effective 51:8 Md. R. 366, eff. 4/29/2024.