08.02.11.04

.04 Statewide General Regulations.

A. Catching Fish by Gig.

(1) Subject to the provisions of this section, a gig may be used to harvest fish, except for all trout species, frogs, walleye, striped bass, striped bass hybrid, northern pike, muskellunge, muskellunge hybrids including tiger musky, and largemouth and smallmouth bass.

(2) Nonresidents may not gig at any time.

(3) Fish may not be taken by gig in any Put-and-Take Trout Fishing Area or Special Fisheries Management Area for trout.

B. Use of Bow and Arrow.

(1) Subject to the provisions of this section, a person may shoot fish with a bow and arrow, except for all trout species, walleye, striped bass, striped bass hybrid, northern pike, muskellunge, muskellunge hybrids including tiger musky, and largemouth and smallmouth bass.

(2) A person may not shoot or attempt to shoot any fish with a bow and arrow in a Put-and-Take Trout Fishing Area or Special Fisheries Management Area for trout at any time.

(3) A person may not shoot or attempt to shoot any fish with a bow and arrow in State-controlled community ponds or lakes. However, the Department may permit the taking of carp in community ponds and lakes when it deems advisable.

C. Open Seasons, Creel, Possession, and Size Limits on Game and Fresh Water Fish in Nontidal Waters. Except as otherwise provided in this chapter for specific areas, the following apply Statewide:

(1) Open Seasons.

(2) Creel and Possession Limits.

(3) Minimum Size from Tip of Nose to End of Caudal Fin or Tail.

D. Trotlines—Potomac and Monocacy Rivers Only.

(1) Except during April, May, and June, a person may fish with a trotline for all fish species except walleye and largemouth and smallmouth bass in the nontidal waters of the Potomac and Monocacy Rivers, but not in the tributaries of these rivers.

(2) A person may not fish with a trotline in the waters permitted under §D(1) of this regulation, between 9 a.m. and 4 p.m., E.S.T. of the same day.

(3) A person may not use a trotline made of metallic material. Each trotline may not have more than 75 single hooks nor exceed 300 feet in length. A person may not use a trotline which has been baited with scale bait.

(4) Each trotline shall be identified with a metal tag securely attached to it showing the name and address of the person operating it.

(5) A person may not anchor a trotline from one shore to the other at any time.

E. Spearfishing.

(1) As used in this regulation, "spear gun" means any type of device used for propelling a spear under water by any means other than manual in order to catch a fish.

(2) A person may take or shoot fish, except trout (all species), walleye, striped bass, striped bass hybrid, northern pike, muskellunge, muskellunge hybrids including tiger musky, and largemouth and smallmouth bass, with a spear gun and spear in the nontidal waters of the State during the period provided by Regulation .04C of this chapter.

(3) A person may not use a spear or spear gun within 100 yards of any private or public swimming area, scuba diver's flag, other than that used by the spear fisherman, vessel in the water, or human being without specific advance permission.

(4) A person may not fish or attempt to fish with a spear or spear gun in State-owned ponds and lakes or any Put-and-Take Trout Fishing Area or Special Fisheries Management Area for trout.

F. Swimming. Swimming is prohibited in any area controlled by the Freshwater Fisheries Division except in designated areas.

G. Ice Fishing in Nontidal Waters.

(1) A person may fish through the ice in any nontidal waters of the State during the lawful open season if an angler's license first is obtained.

(2) A person may not cut a hole through the ice for the purpose of ice fishing that measures more than 10 inches across in any direction.

(3) It will be lawful for any person who is ice fishing to use up to five tip ups or rods (hand held devices) when ice fishing.

(4) All tip ups and rods used by a person engaged in ice fishing shall be under the immediate control of the person.

H. State Fish Refuges and Fish Hatcheries. A person may not fish in any State fish refuge, fish hatchery, or fish propagation area except persons authorized by the Department.

I. Importation—Fish.

(1) For the purpose of this regulation, "indigenous" means any fish species that naturally occurs in, or has been artificially introduced into, the waters of the State, and has established self-sustaining populations for at least 10 years.

(2) So that the fish populations in the nontidal waters of the State may be protected from exotic species that might be harmful, a person may not introduce into the nontidal waters, or import or possess for introduction, any live fish not indigenous to the nontidal waters of the State.

(3) Insofar as indigenous fish species of the tidal waters have not been harmful to the nontidal waters, but exotic species pose a threat to nontidal fish populations, a person may not introduce into the tidal waters, or import or possess for introduction, any live fish not indigenous to the tidal waters of the State without first obtaining a permit to do so from the Inland Fisheries Division. This permit shall be granted only if satisfactory proof is presented to the Division that the specific fish intended to be imported will be free of any communicable disease at the time of importation and will not be harmful to the native flora and fauna in the nontidal waters. Application for the permit shall be filed with the Division not less than 60 days before the proposed date of importation.

(4) The provisions of this regulation with respect to importation and possession do not apply to fish for use in laboratories or exhibitions, or for use as pets. Any fish not indigenous to the waters of the State shall be held only in aquaria or other indoor facility from which escape into the waters of the State is impossible.

(5) The introduction of any indigenous fish species except bait fish on a hook for the purpose of angling into the nontidal waters of the State is prohibited without written approval of the Inland Fisheries Division.

J. Commercial Harvest and Sale of Fish. Except as provided in Natural Resources Article, §4-11A-02, Annotated Code of Maryland, requirements concerning aquaculture operations, a person may not buy, sell, or offer to buy or sell any fish harvested from the nontidal waters of the State.

K. Vehicles on Freshwater Fisheries Division Owned or Controlled Lands.

(1) For the purpose of this regulation, "vehicle" means a vehicle or vessel propelled by mechanical power that is capable of travelling on land, snow, or ice.

(2) A person may not operate any vehicle on any lands owned or controlled by the Freshwater Fisheries Division without written permission of the Division except on those roads, lanes, or areas which are open to automobile traffic or which are specifically marked by the Division.

L. Camping on Freshwater Fisheries Division Owned or Controlled Lands.

(1) For the purpose of this regulation, "camping" means erecting tents or other shelters for the purpose of residing temporarily upon the property overnight.

(2) A person may not camp on lands owned or controlled by the Freshwater Fisheries Division except on designated sites or by written permit, or both.

(3) It is unlawful to fish in a lake or pond owned or controlled by the Freshwater Fisheries Division before 5:30 a.m. and after 10 p.m.

M. Bait.

(1) A person may not:

(a) Take or possess more than 35 bait fish in any day from nontidal waters of the State; or

(b) Take bait fish of any area described in Regulation .01B—H of this chapter.

(2) Crayfish.

(a) In the waters of the Middle Potomac River, Upper Potomac River, and Susquehanna River basins, as described by Maryland Integrated Watershed Data and Information System 6-Digit Map, a person may not:

(i) Catch and possess any species of crayfish unless the head is immediately removed behind the eyes upon capture;

(ii) Use any species of crayfish as bait unless the head is removed behind the eyes;

(iii) Possess any species of crayfish while fishing unless the head is removed behind the eyes; or

(iv) Catch and possess an egg-bearing female with eggs attached to the underside of the abdomen.

(b) In addition to§M(2)(a) of this regulation, regulations relating to the importation, transport, purchase, possession, propagation, sale, or release of specific nuisance species of crayfish appear in COMAR 08.02.19.04.

N. Possession of Fish Whose Physical Condition has been Altered.

(1) While at the fishing location, a person may not remove the head and tail of fish in possession.

(2) The head and tail shall remain attached in such a manner as to permit identification of fish species and total length.

(3) This provision does not apply to the capture of snakehead fish, under §S of this regulation.

O. Closing Against Entry. A person or vehicle may not enter, go upon, or remain upon any lands or waters owned or controlled by the Department after the posted hours for closing to public use or during any periods when those lands or waters are closed to public entry, except by written permission of the Department.

P. Use of Dip Nets, Cast Nets, and Seines in Nontidal Waters.

(1) Cast nets may not be used in nontidal waters.

(2) A person may not use a dip net to fish for any trout species, walleye, striped bass, striped bass hybrid, northern pike, largemouth bass, smallmouth bass, muskellunge, or muskellunge hybrids including tiger musky.

(3) A person may use a net as a landing net.

(4) A person may not bait a net by attaching an attractant to the net material or frame.

(5) A person may not use seines, traps, or nets of any description in or upon the waters of the State described in Regulation .01B—H of this chapter. This section does not apply to landing nets used to land fish caught by angling.

(6) A nonresident may not fish in the nontidal waters of the State with nets of any description, except a landing net.

(7) Subject to the provisions of §P of this regulation, a seine not more than 6 feet in length nor more than 4 feet in depth or a dip net may be used by residents to catch bait fish.

Q. Culling of Trout.

(1) In this chapter, "cull" means to exchange or discard a trout in order to possess another trout.

(2) An individual may not cull trout.

(3) A trout that is not immediately released becomes part of the daily creel limit and may not be returned to the water.

(4) A trout is part of the daily creel and possession limit if it cannot freely swim away from a person.

R. License to Fish. A person may not catch or attempt to catch game or freshwater fish without first procuring an angler's license in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland.

S. Snakehead Harvest.

(1) Notwithstanding Natural Resources Article, §4-710(g), Annotated Code of Maryland, an individual may capture and possess a snakehead fish using any legal method if, upon capture, the:

(a) Head of the snakehead fish is immediately removed;

(b) Body is gutted;

(c) Gill arches are removed from both sides of the fish; or

(d) Fish is filleted.

(2) The capture and possession of snakehead fish is not subject to any season, creel limit, or size limit.

(3) Further restrictions on possession of certain species of snakehead fish may be found in COMAR 08.02.19.06.

T. Public Notices.

(1) The Secretary may modify catch limits, size limits, and restricted areas, or open, close, or modify a season by publishing notice in a daily newspaper of general circulation at least 48 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 a reasonable opportunity to be informed.

U. Feeding Wildlife on Fisheries Management Areas.

(1) In this section, “wildlife” has the meaning stated in Natural Resources Article, §10-101(cc), Annotated Code of Maryland.

(2) Except for lawful fishing and hunting activities, a person may not feed wildlife in the following Fisheries Management Areas owned and controlled by the Department of Natural Resources:

(a) Albert Powell Hatchery — Washington County;

(b) Bear Creek Rearing Station — Garrett County;

(c) Big Mill Pond — Kent County;

(d) Brownsville Pond — Washington County;

(e) Brunswick Pond — Frederick County;

(f) Bynum Run Pond — Harford County;

(g) Evitts Creek Pond — Allegany County;

(h) Forest Hill Pond — Harford County;

(i) Frank Bentz Pond — Frederick County;

(j) Hughesville Pond — Charles County;

(k) Lewistown Work Center — Frederick County;

(l) Manning Hatchery — Charles County;

(m) North Branch Potomac River — Gary A. Yoder Landing — Allegany County;

(n) North Branch Potomac River — McCoole — Allegany County;

(o) North Branch Potomac River — Folly and Laurel Runs — Garrett County;

(p) Piney Point Aquaculture Center — St. Mary’s County;

(q) Rising Sun Pond — Cecil County;

(r) Smithville Lake — Caroline County;

(s) Unicorn Lake — Queen Anne’s County;

(t) Urbana Lake — Frederick County; or

(u) Urieville Lake — Kent County.