Md. Code Regs. 08.02.21.04

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

Section 08.02.21.04 - General Requirements

A. Eggs. A person may not catch, attempt to catch, or possess yellow perch eggs from any State waters, except for a person who:

(1) Is working in cooperation with a scientific investigation of the Department;

(2) Is authorized by a scientific collection permit in accordance with Natural Resources Article, § 4-212, Annotated Code of Maryland; or

(3) Catches yellow perch eggs and returns the eggs to the location where they were caught without landing.

B. Public Notice.

(1) The Secretary may:

(a) Modify catch limits, target harvests, registration process, or reporting requirements by publishing notice on the Fisheries Service website at least 48 hours in advance, stating the effective hour and date; or

(b) Open, close, or modify a commercial season in order to manage the quota by publishing notice on the Fisheries Service website at least 24 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 reasonable opportunity to be informed.

C. Penalties.

(1) Failure to comply with the reporting or tagging requirements of this chapter may result in immediate suspension of a yellow perch harvest permit, as follows:

(a) For a first offense, the period of suspension shall be 1 day;

(b) For a second offense, the period of suspension shall be 5 days; and

(c) For the third offense, the period of suspension shall be the remainder of the current season.

(2) In addition to the suspension under §C(1) of this regulation, a licensee with a third offense shall be ineligible to apply for a yellow perch harvest permit for the following season.

(3) Prior to suspending a permit under this chapter, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

(4) 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.

Md. Code Regs. 08.02.21.04

Regulation .04B amended effective January 24, 2011 (38:2 Md. R. 83); December 24, 2012 (39:25 Md. R. 1611)
Regulation .04C amended effective April 5, 2010 (37:7 Md. R. 569)