Sec. 08.02.20.02. Bait

A. Bait. For the purpose of this subtitle, "bait" means an attractant to catch fish which includes:

(1) The living or dead, whole body or part of body of an animal; or

(2) A processed product from an animal or vegetative source.

B. Bait Harvester Permit.

(1) Prior to harvesting the species listed in §C of this regulation, an individual not licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, shall obtain a bait harvester permit from the Department.

(2) A bait harvester permit shall be issued to an individual who has paid the fee for the permit as described in Natural Resources Article, §4-702, Annotated Code of Maryland to the Department and has met all reporting requirements as required by this regulation.

(3) An individual harvesting bait in accordance with this chapter shall have the Department-issued bait harvester permit in possession while harvesting or transporting bait.

(4) A bait harvester permit may not be transferred.

(5) Bait harvester permits issued by the Department shall be valid beginning on September 1 and expire on August 31 of the following year.

C. Species. The only species of finfish or shellfish as described at COMAR 08.02.08.03 that may be caught and sold for use as fishing bait by an individual who is not licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, are:

(1) Mummichog (Fundulus heteroclitus);

(2) Striped killifish (Fundulus majalis);

(3) Banded killifish (Fundulus diaphanous);

(4) Spottail shiner (Notropis hudsonius);

(5) Golden shiner (Notemigonus crysoleucas);

(6) Rough silverside (Membras martinica);

(7) Silverside (Menidia species);

(8) Anchovy (Anchoa species);

(9) Silvery minnow (Hybognathus nuchalis);

(10) Mole crab (Emerita species); and

(11) Grass shrimp (Palaemonetes species).

D. Methods.

(1) An individual who is not licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, may use only the following methods and gear as defined in COMAR 08.02.25.01, to catch bait finfish or shellfish from the tidal waters of the State:

(a) Cast net;

(b) Dip net;

(c) Seine;

(d) Hook and line; and

(e) Trap.

(2) A cast net shall be thrown by hand and have a radius not greater than 10 feet.

(3) A dip net shall be operated by hand.

(4) A seine:

(a) May not be emptied on the shore or beach or in any water less than sufficient depth to enable the unwanted fish to return to the waters alive;

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

(c) May not exceed 50 feet in width and 5 feet in height.

(5) A trap shall:

(a) Be clearly labeled with the permittee’s DNRid number; and

(b) Be emptied at least once every 24-hour period.

E. Seasons and Limits.

(1) Season. There is no closed season.

(2) Daily Catch and Possession Limits. The daily catch and possession limit of bait finfish or shellfish for an individual who is not licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, is as follows:

(a) Mummichog (Fundulus heteroclitus): 10 gallons;

(b) Striped killifish (Fundulus majalis): 10 gallons;

(c) Banded killifish (Fundulus diaphanous): 10 gallons;

(d) Spottail shiner (Notropis hudsonius): 600 individuals;

(e) Golden shiner (Notemigonus crysoleucas): 600 individuals;

(f) Rough silverside (Membras martinica): 600 individuals;

(h) Anchovy (Anchoa species): 600 individuals;

(i) Silvery minnow (Hybognathus nuchalis): 600 individuals;

(j) Mole crab (Emerita species): 5 gallons; and

(k) Grass shrimp (Palaemonetes species): 5 gallons.

F. Reporting. A person permitted by the Department to harvest bait shall:

(1) Record their catch on the bait harvester report;

(2) Submit the bait harvester report as required by the Department; and

(3) Make available daily information and harvest report cards for immediate inspection on request of a Department representative.

G. Penalties.

(1) In addition to any other penalty established in COMAR 08.02.13, failure to comply with this regulation may result in the denial of a subsequent permit.

(2) Prior to suspending a permit under this regulation or denying an application for a permit, 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