Md. Code Regs. 08.02.25.03

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

Section 08.02.25.03 - Recreational Gear-Tidal Waters

A. Recreational Gear.

(1) Recreational gear for catching clams, crabs and oysters is regulated elsewhere in Natural Resources Article, Title 4, Annotated Code of Maryland and COMAR 08.02 and is excluded from this regulation.

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

(3) An individual using gear in accordance with this chapter shall comply with all seasons, creel limits, size limits, and other species-specific rules as specified under this subtitle and Natural Resources Article, Title 4, Annotated Code of Maryland.

B. Hook Requirements-Chesapeake Bay and Its Tidal Tributaries.

(1) When chumming or live-lining, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook.

(2) When fishing for striped bass, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook when using fish, crabs, or worms as bait, or processed bait.

(3) During the period March 1 through March 31, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:

(a) May not use stinger hooks;

(b) Shall only use barbless hooks while trolling; and

(c) Except as required by §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, shall only use a:

(i) Circle hook; or

(ii) "J" hook with a gap of less than or equal to 1/2 inch between the point and the shank.

(4) During the period April 1 through April 30, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:

(a) May not use stinger hooks; and

(b) Except as required by §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, shall only use a:

(i) Circle hook; or

(ii) "J" hook with a gap of less than or equal to 1/2 inch between the point and the shank.

(5) During the period May 1 through December 31, except as required by §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a:

(a) Circle hook; or

(b) "J" hook.

C. Hook Requirements-Atlantic Ocean, Its Coastal Bays, and Their Tributaries. When fishing for striped bass, a person recreationally angling in the Atlantic Ocean, its coastal bays, or their tributaries shall only use a circle hook when using fish, crabs, or worms as bait, or processed bait.

D. Traps.

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

(2) A trap shall be:

(a) Marked with the individual's DNR id number; and

(b) Checked daily.

(3) 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.

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

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

E. Active Line Fishing Gear.

(1) Individuals catching fish in tidal 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 §E(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 under §E(1) of this regulation.

(4) Snagging is not legal in State waters.

(5) During the period March 1 through March 31, no more than six lines, regardless of the number of people on board a vessel, may be used for recreationally angling from a boat when trolling in the Chesapeake Bay or its tidal tributaries.

(6) During the period April 1 through April 30, a person recreationally angling in the Chesapeake Bay or its tidal tributaries may not attempt to catch fish by trolling.

F. Nonactive Line Fishing Gear.

(1) The only nonactive line fishing gear that an individual may use to catch fish in tidal waters is a jug.

(2) An individual may use up to 10 jugs.

(3) Jugs:

(a) Shall have no more than 2 hooks per line and no more than one line per jug;

(b) May only be used in tidal tributaries of the Chesapeake Bay;

(c) May only be used from July 1 through the last day of February;

(d) Shall be marked with the individual's DNRid number;

(e) Shall be attended between the hours of sunset and sunrise; and

(f) May be used to take any fish except for the following species:

(i) Largemouth and smallmouth bass;

(ii) Striped bass;

(iii) All shark species;

(iv) Snapping turtles; or

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

G. Nets.

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

(a) Cast nets;

(b) Seines;

(c) Dip nets; and

(d) Landing nets.

(2) Cast nets shall have a radius not exceeding 10 feet.

(3) Seines in tidal waters:

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

(b) May not exceed 50 feet in width and 5 feet in height;

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

(d) May not be emptied from a boat; and

(e) May not be emptied on the shore or in water less than 12 inches deep.

(4) An individual may use a landing net to land a fish which is being caught by other means.

(5) A person may not bait a net.

H. Projectile Gear.

(1) Individuals catching fish in tidal 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;

(j) All shark species;

(k) American lobster; and

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

(5) Additional Restrictions.

(a) Except as provided in §F(5)(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 §F(5)(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.

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

(1) Hand; and

(2) Noodling.

Md. Code Regs. 08.02.25.03

Regulations .02 adopted as an emergency provision effective 40:15 Md. R. 1221, eff.7/1/2013 ; adopted permanently effective December 23, 2013 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 .03 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; amended effective 45:13 Md. R. 664, eff. 7/2/2018; amended effective 47:5 Md. R. 310, eff. 3/9/2020; amended effective 48:3 Md. R. 93, eff. 2/8/2021