Maryland Administrative Code

.04 Coast Smart Construction Program. A. Projects subject to the Coast Smart Construction Program shall satisfy the Coast Smart siting and design criteria specified in the Coast Smart Construction Program Document published on the Department’s website. B. For all projects subject…

.05 Categorical Exemptions. A. The following categories of projects may be exempt from the strict application of the Coast Smart siting and design criteria: (1) Water-dependent projects; (2) Passive public access projects; (3) Historic structures; (4) Temporary structures; and (5…

.06 Waivers. A. A qualifying agency may request a waiver from one or more of the Coast Smart siting or design criteria. B. The Governor's Sustainable Growth Subcabinet, established under State Government Article, § 9-1403, Annotated Code of Maryland, shall review and decide waive…

.07 Reporting. A. Upon request, a qualifying agency shall submit project information to the Coast Smart Council. B. The information shall include the following list of projects: (1) Projects that were located within the Coast Smart boundary, as indicated on the Coast Smart Map; (…

.01 Fishery Management Plans. A. The following Fishery Management Plans are adopted and incorporated by reference: (1) Chesapeake Bay Alosid Management Plan (July 1989), and Amendment I 1989 Chesapeake Bay Alosid Management Plan (June 1998); (2) Chesapeake Bay Blue Crab Managemen…

.02 General Commercial License Requirements. A. Exemption from License Requirement. A buyer licensed by the Potomac River Fisheries Commission may buy seafood in Maryland without purchasing a Maryland license to buy, provided the seafood was caught in the Potomac River. In this r…

.03 Violation of Regulations. A person who violates any provision of these regulations is guilty of a misdemeanor and, upon conviction, is subject to a penalty as set forth in Natural Resources Article, Title 4, Annotated Code of Maryland.

.04 Free Fishing Days. A. The Secretary may establish up to 3 free fishing days each calendar year. B. During a free fishing day, a person may catch and possess finfish in the tidal and nontidal waters of the State for recreational purposes without an angler's license, Chesapeake…

.05 Targets for the Number of Tidal Fish License Authorizations. A. The targets for the number of tidal fish license authorizations issued by the Department are the number of authorizations issued between September 1, 1998, and March 31, 1999, including adjustments made annually …

.06 Dividing Lines of the Chesapeake Bay, Sounds, and Straits. A. The boundaries set forth in §B of this regulation are designated as official dividing lines of the Chesapeake Bay, sounds, and straits. B. Any creek, cove, or other tributary less than 100 yards in width that inter…

.07 Recreational Fishing License and Registration. A. Nontidal Angler’s License. A person shall be licensed in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland, to fish in the nontidal waters of the State. B. Chesapeake Bay and Coastal Sport Fishing L…

.08 Change of Address. A. A person who holds or is eligible to renew a license, registration, or permit, issued under Natural Resources Article, Title 4, Annotated Code of Maryland, or its implementing regulations shall update the person’s address of record within 30 days of any …

.09 Dividing Lines; Tidal and Nontidal Waters. The following boundaries are designated as official dividing lines for tidal and nontidal waters. These boundary lines are for the purpose of delineating those areas in which nontidal fishing licenses or Chesapeake Bay and coastal sp…

.10 Pilot Programs. A. The Department may conduct pilot projects to demonstrate and evaluate new approaches to managing fisheries under the fishery management plans as incorporated by reference in Regulation .01 of this chapter for the following species: (1) Blue crabs; (2) Strip…

.11 Black Bass Tournaments. A. Species. The following species are defined as black bass: (1) Largemouth bass (Micropterus salmoides); and (2) Smallmouth bass (Micropterus dolomieu). B. Unless exempted by the black bass tournament permit, all regulations pertaining to the harvest …

.12 Submerged Aquatic Vegetation (SAV) Protection Zones. A. General. A person may not use the following gear in the areas established in §B of this regulation: (1) Hydraulic clam dredge; (2) Bottom dredge; or (3) Shinnecock rake. B. Submerged Aquatic Vegetation (SAV) Protection Z…

.13 Fishery Management Areas. A. The fishery management areas of the State consist of the units in §§B and C of this regulation as delineated on maps filed in the Office of the Secretary of Natural Resources. B. Fishery Management Propagation Areas. (1) The following areas are Fi…

.14 Interpretation of Coordinates in Regulations. A. If the beginning or end point of a regulatory line is defined by coordinates and a physical description of a point or object on the shoreline, and the coordinates place the coordinated point in the water rather than on the shor…

.15 Scientific Collection Permits. A. In accordance with Natural Resources Article, §4-212, Annotated Code of Maryland, a person shall obtain a scientific collection permit prior to collecting fish, fish eggs, shellfish, or aquatic invertebrates from the wild for scientific or ed…

.16 Importation of Finfish. A. Release of Finfish. (1) In accordance with Natural Resources Article, §§4-205.1, 4-11A-20, and 4-11A-21, Annotated Code of Maryland, and COMAR 08.02.11.04 and 08.02.14, a person shall obtain permission from the Department prior to releasing finfish …

.01 Scope. This chapter applies only to soft-shell clams that are defined in Natural Resources Article, §4-1001, Annotated Code of Maryland, as mollusks of the species Mya arenaria and of the genus Tagelus. Cross References 08.02.13.03H 08.02.13.05F

.02 Recreational Fishery. A. An individual may not catch more than one standard U.S. bushel of soft-shell clams per day. B. An individual may not catch or possess soft-shell clams of the species Mya arenaria that are less than 2 inches in length, measured along the longest part o…

.03 Commercial Fishery. A. An individual may not catch soft-shell clams for commercial purposes on Sunday. B. Size Limit. An individual licensed to catch soft-shell clams for commercial purposes may not possess more than 40 soft-shell clams of the species Mya arenaria per contain…

.04 Container and Tagging Requirements. A. Definition. (1) In this regulation, the following term has the meaning indicated. (2) Term Defined. “Growing area” means the location, defined by the specific NOAA code for the area in which the harvest occurred. B. Containers. (1) Soft-…

.05 Refrigeration of Soft-Shell Clams (Mya Arenaria) — Methods and Procedures. A. General Requirements from April 15 — October 31. (1) From April 15 through October 31, an individual who harvests soft-shell clams of the species Mya arenaria shall immediately place the harvested s…

.06 Harvesting Razor Clams (Genus Tagelus) from Restricted Areas. A. The harvest of razor clams for use as bait may occur in an area restricted or conditionally approved for harvest by the Department of the Environment only under the following conditions: (1) The Department may n…

.07 General. A. Subject to the provisions of §§B and C of this regulation, an individual may catch soft-shell clams only from waters approved for shellfish harvest by the Maryland Department of the Environment. B. An individual may not harvest soft-shell clams within 150 feet of …

.01 Crabbing Gear. A. Lawful Gear. (1) A person may catch crabs in the tidal waters of Maryland only with the gear authorized in this chapter. (2) Diving Apparatus. A person may not possess or catch crabs in the tidal waters of Maryland using diving apparatus by itself, or in con…

.02 Seines. A. A seine may be used for recreational purposes only. B. The seine may not be emptied: (1) On the shore or beach; or (2) In any water of less than sufficient depth to enable the unwanted fish to return to the waters alive.

.03 Trotlines. A. An individual may not set or fish a trotline within 100 feet of another individual’s set trotline, collapsible crab trap, or net ring. B. The length of a trotline shall be measured along the bait line from the first bait to the last bait. C. In the coastal bays …

.04 Crab Scrapes. A. A crab scrape may not: (1) Have a bar wider than 60 inches; (2) Have teeth or projections of any kind; (3) Have a flat plate attached to the scraping bar, which is the bar that touches the bottom; (4) Have a diver, chain, or other device attached to it or the…

.05 Bank Traps and Channel Pounds. A. A bank trap and channel pound shall meet the following structural requirements: (1) A row of hedging attached to any bank trap or channel pound may not exceed more than 1/3 the distance across the body of water in which the bank trap or chann…

.06 Collapsible Crab Traps and Crab Net Rings. A. An individual may not set or fish a crab net ring or collapsible crab trap within 100 feet of another individual’s set trotline, collapsible crab trap, or net ring. B. In the coastal bays of the Atlantic Ocean and their tidal trib…

.07 Crab Pots. A. “Cull ring” means a device in a crab pot, for the escapement of undersized crabs, described as a: (1) Ring with an opening of the established measurement for the inside diameter; or (2) Square opening cut from the crab pot measuring at least 4-1/2 inches by 4-1/…

.08 Egg-Bearing Female Crabs. A. Except as provided in §B of this regulation, a person may not possess, transport, or pack a female crab from which the egg pouch or bunion has been removed, or an egg-bearing female crab known as the sponge crab. B. A female crab from which the eg…

.09 Recreational Crabbing Licenses — Chesapeake Bay and Its Tidal Tributaries. A. Recreational Crabbing License. (1) Except as provided in §E of this regulation, an individual who catches or attempts to catch crabs for recreational purposes in the waters of the Chesapeake Bay and…

.10 Recreational Crabbing Catch and Possession Limits — Chesapeake Bay and its Tidal Tributaries. A. Daily Catch and Possession Limits. (1) An individual exempt from the licensing requirements of Regulation .09 of this chapter is considered an unlicensed individual and may not ex…

.11 Season and Time for Catching Crabs. A. Commercial. (1) An individual licensed to catch crabs for sale may remove crabs from commercial gear in the Chesapeake Bay and its tidal tributaries only during the following time periods: (a) Trotlines: (i) Except as provided in §A(1)(a…

.12 Special Regulations for Crabbing in Worcester County. A. Structural Requirements of Crab Pots. Notwithstanding Regulation .07A and B of this chapter, a crab pot set in the coastal bays of the Atlantic Ocean and their tidal tributaries shall have one unobstructed 2-5/16 inch c…

.13 Commercial Harvest of Crabs from Finfish Gear. A. Notwithstanding Regulations .01—.07 of this chapter, an individual licensed to harvest both crabs and finfish for commercial purposes may catch crabs from pound nets. B. The harvest and possession of crabs from a pound net is:…

.14 General. A. Recreational. (1) Except for crab pots from private property, dipnets, or handlines, a person may not set any crabbing gear or catch crabs for recreational purposes on Wednesdays in the Chesapeake Bay and its tidal tributaries. (2) When a State or federal holiday …

.15 Crabbing Charters. A. This regulation applies to any trip to catch crabs offered by a tidal fish licensee to an individual or individuals for any form of compensation. B. Any individual receiving compensation from customers for any trip to catch crabs shall be in possession o…

.01 Patent Tong Areas. A. A person may not use patent tongs to catch oysters in any of the waters listed in this section. (1) Tidal waters of the following counties, other than those waters included as part of the Chesapeake Bay, Tangier Sound, and Pocomoke Sound as defined by CO…

.02 Recreational Oyster Fishery. A. The recreational season, daily catch limits, days of the week, and times for catching oysters shall be established, and may be modified, through a public notice issued in accordance with Regulation .11 of this chapter. B. The Department shall i…

.03 Catching Oysters for Commercial Purposes. A. Season, Days, and Catch Limits. (1) The season for catching oysters and the days of the week that an individual may catch oysters for commercial purposes shall be established for each gear type, and may be modified, through a publi…

.04 Oyster Container and Tagging Requirements. A. Containers. (1) Oysters harvested from waters of the State shall be stored prior to leaving the bar from which they were harvested in a: (a) Metal oyster tub that does not exceed the following inside dimensions: (i) 18 inches top …

.05 Use of Diving Apparatus to Catch Oysters Commercially. A. General Requirements. (1) When using diving apparatus to catch oysters for commercial purposes, the diver or the diver’s attendant shall be authorized to catch oysters for commercial purposes in accordance with Natural…

.06 Daily Catch Limit — Repealed. Cross References 08.02.13.03D 08.02.13.03E

.07 Election of Committees of Oystermen. A. Eligibility for Oyster Committee Members. A licensed oyster harvester who has paid the oyster license surcharge for the current license year or for at least one of the previous two license years is eligible to be a representative on a c…

.08 Dredge Boat Areas. A. Except as listed in §B of this regulation a person may catch oysters by a dredge boat, as defined in Natural Resources Article, §4-1001(g), Annotated Code of Maryland, only in the following waters: (1) All of the waters of Hoopers Straits enclosed by a l…