Md. Code Regs. 08.02.15.06

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

Section 08.02.15.06 - Monitoring

A. Reporting Requirements.

(1) The reporting week for a commercial tidal fish or fishing guide licensee participating in a striped bass season is Sunday through Saturday.

(2) A check station Department representative shall maintain harvest information and transmit reports to the Department daily or as requested, during a commercial striped bass season.

(3) A packer or dealer shall maintain logs of each striped bass transaction as required, and transmit through the Department approved reporting system the information to the Department daily, or as requested.

(4) The Department shall provide the required report forms or reporting mechanism.

(5) A tidal fish licensee shall return the forms containing catch and landing information to the Department in the time period specified by the Department.

(6) In addition to any other penalty, failure to submit a report as required by this chapter may result in license revocation under Natural Resources Article, § 4-701, Annotated Code of Maryland.

(7) A striped bass permittee shall contact the Department with specified fishing trip information prior to leaving the dock and prior to returning to the dock as described in a public notice disseminated in accordance with Regulation .12H of this chapter.

B. Inspection.

(1) A tidal fish licensee, check station, or dealer shall make available daily information, landing tickets, allocation permits, fish, and tags for immediate inspection on request of a Department representative.

(2) A Department representative may at reasonable times conduct an administrative inspection of the contents of any facility, vessel, or vehicle where striped bass may reasonably be stored if the facility, vessel, or vehicle is owned or operated by a seafood dealer licensed under Natural Resources Article, § 4-702, Annotated Code of Maryland.

(3) Failure to comply with the inspection or an audit may result in suspension or revocation of a seafood dealer's license as follows:

(a) For a first offense, the suspension shall be 15 days;

(b) For a second offense, the suspension shall be 30 days; and

(c) For a third offense, the license shall be revoked.

(4) Before the suspension or revocation of an individual's seafood dealer's license, the individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, § 4-701, Annotated Code of Maryland.

C. A tidal fish licensee, recreational angler, or check station shall cooperate with Department-approved surveys and catch inspection necessary for harvest and bycatch determination, and biological characterization.

D. Penalties. In addition to any other penalties provided in this subtitle, an individual's striped bass permit or seafood dealer authorization may be suspended for up to 2 years for:

(1) A conviction for violating any provision of this chapter; or

(2) A violation of any reporting requirement of this chapter.

Md. Code Regs. 08.02.15.06

Regulations .06, .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)
Regulations .06, .08, and .10_.12 amended effective September 14, 1992 (19:18 Md. R. 1655)
Regulation .06 amended effective January 17, 2005 (32:1 Md. R. 27); November 28, 2011 (38:24 Md. R. 1500)
Regulation .06B repealed effective June 10, 2002 (29:11 Md. R. 882)
Regulation .06B amended effective April 6, 2009 (36:7 Md. R. 521)
Regulations .06 effective July 21, 2003 (30:14 Md. R. 936)