Md. Code Regs. 08.02.25.02

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

Section 08.02.25.02 - Recreational Gear- Nontidal Waters

A. Recreational Gear.

(1) An individual may only use the gear specified in this regulation to catch fish for recreational purposes from nontidal waters.

(2) An individual shall comply with all seasons, creel limits, size limits, and other species-specific regulations as specified under this subtitle and Natural Resources Article, Title 4, Annotated Code of Maryland.

B. Traps.

(1) An individual may not take or attempt to take fish with a trap in any trout management area described in COMAR 08.02.11.01C, D, G, and H.

(2) An individual may not use more than one trap.

(3) A trap shall be:

(a) Marked with the individual's

(i) Name and address; or

(ii) DNRid number; and

(b) Checked daily.

(4) A trap shall be set:

(a) In front of the individual's property, or property belonging to another if an individual has received the landowner's permission, within 100 feet of the shore, and:

(i) Attached by a line to the property, pier or dock; or

(ii) Marked by a buoy or pole and sign; or

(b) By attaching the trap to a boat that is not docked.

(5) If a trap is set on private property, the trap owner shall obtain the landowner's permission prior to setting the trap.

(6) If a trap is set on public property, the trap shall be set within 100 feet of the owner.

C. Active Line Fishing Gear.

(1) Individuals catching fish in nontidal waters may only use the following active line fishing gear:

(a) Hook and line;

(b) Rod and reel; and

(c) Handline.

(2) The gear listed in §C(1) of this regulation shall be used in a manner in which the individual is handling the gear or actively in control of the gear.

(3) No more than two hook units per line may be used on the gear listed in §C(1) of this regulation.

(4) Except when ice fishing, a maximum of three or a combination of three of the gear listed in §C(1) of this regulation may be used by an individual fishing in nontidal waters.

(5) When ice fishing, a maximum of five tip ups or rods may be used.

(6) Snagging is not legal in State waters.

D. Nets.

(1) Individuals catching fish in nontidal waters may only use the following nets:

(a) Seines;

(b) Dip nets; and

(c) Landing nets.

(2) Except for a landing net, a nonresident may not use nets in nontidal waters.

(3) Except for a landing net, nets may not be used in waters described in COMAR 08.02.11.01B-H.

(4) A person may not bait a net.

(5) Seines in nontidal waters:

(a) Shall have mesh no greater than 1/4 inch;

(b) May not exceed 6 feet in width and 4 feet in height;

(c) Shall only be used to catch minnows and other bait fish;

(d) May not be used within 50 yards of the base of any dam or the mouth of any river or tributary; and

(e) Shall only be emptied from shore.

(6) Dip nets:

(a) May be used in areas of the Potomac River, Monocacy River, and Conococheague Creek that lie within Allegany, Carroll, Frederick, and Washington counties to catch the following fish species:

(i) Carp;

(ii) Catfish;

(iii) Northern snakehead; and

(iv) Suckers; and

(b) May not be used in any other area or to catch any other species.

(7) Landing nets in nontidal waters may be used to land a fish which is being caught by other means.

E. Projectile Gear.

(1) Individuals catching fish in nontidal waters may only use the following projectile gear:

(a) Archery equipment;

(b) Gig;

(c) Spear; and

(d) Spear gun.

(2) Except for a gig, projectile gear shall have a retrieval line attached to it.

(3) A gig may only be propelled by hand.

(4) An individual may use projectile gear to take any fish except for the following species:

(a) All trout species;

(b) Walleye;

(c) Striped bass;

(d) Striped bass hybrids;

(e) Northern pike;

(f) Muskellunge;

(g) Muskellunge hybrids, including tiger musky;

(h) Largemouth and smallmouth bass;

(i) Snapping turtles; and

(j) Any species listed as threatened or endangered under COMAR 08.03.08.

(5) An individual may not take or attempt to take any fish with a projectile gear in any trout management area described in COMAR 08.02.11.01B-H.

(6) An individual may not take or attempt to take any fish with a projectile gear in State-controlled community ponds or lakes.

(7) Additional Restrictions.

(a) Except as provided in §E(7)(b) of this regulation, a person may not shoot projectile gear within 100 yards of any:

(i) Human being;

(ii) Private or public swimming area;

(iii) International diving flag;

(iv) Occupied duck blind; or

(v) Vessel other than the vessel occupied by the individual using the projectile gear.

(b) The distance restriction in §E(7)(a) of this regulation does not apply:

(i) To the use of gigs; or

(ii) If the person using the projectile gear receives permission from all affected parties within that area prior to engaging in fishing activities.

F. Hand Gear. Individuals catching fish in nontidal waters may only use the following hand gear:

(1) Hand; and

(2) Noodling.

Md. Code Regs. 08.02.25.02

Regulations .02 adopted as an emergency provision effective 40:15 Md. R. 1221, eff.7/1/2013 ; adopted permanently effective 40:25 Md. R. 2067, eff.12/23/2013
Regulation .02C amended as an emergency provision effective 41:8 Md. R. 467, eff.3/20/2014 ; emergency provision expired effective September 16, 2014
Regulations .02 amended effective 41:19 Md. R. 1076, eff.9/29/2014 ; amended effective 43:5 Md. R. 384, eff.3/14/2016; amended effective 44:6 Md. R. 325, eff. 3/27/2017