Sec. 08.02.25.07. Commercial — Pound Nets

A. Definitions.

(1) For purposes of this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) “Co-user” means an individual who is:

(i) Properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

(ii) Designated in writing to the Department by the registrant; and

(iii) Authorized to harvest fish from the specified pound net site.

(b) “Registrant” means the individual who registered the pound net site and owns the pound net.

B. Pound Net Sites.

(1) An individual may not set a pound net in State waters unless:

(a) The individual has submitted a completed registration form provided by the Department;

(b) The individual is properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

(c) The site is approved by the Department;

(d) The site is registered in the individual’s name; and

(e) The individual has notified the Department of the setting of the net in compliance with §E of this regulation.

(2) An individual may not register more than eight pound net sites with the Department.

(3) The pound net site registrant shall notify the Department in writing to cancel a pound net site registration.

(4) A pound net set at a registered site by the registrant has priority over other commercial finfish gear with regard to any distance requirements set forth in Natural Resources Article, §4-711, Annotated Code of Maryland.

(5) A commercial tidal fish licensee that intends to use a pound net to harvest striped bass shall comply with the additional structural requirements described in COMAR 08.02.15.04.

(6) The Department may approve the permanent transfer of a registered pound net site upon completion of the appropriate transfer application and pound net site registration.

(7) The Department may revoke the registration of a pound net site for cause, including but not limited to, the revocation or lapse of the registrant’s commercial tidal fish license.

C. Co-Users.

(1) A registrant may designate one or more co-users for each pound net site by completing a form provided by the Department.

(2) A registrant may designate or remove a co-user at any time during the year.

(3) A co-user shall display their commercial identification number on the designated pound net.

(4) A co-user is authorized to harvest fish only from the specified pound net site.

D. Marking of Pound Nets. The registrant shall mark the pound net while the stakes are in the water, regardless of whether the nets are attached, as follows:

(1) The stake at the head of a pound net shall be marked by a light that is functional between sunset and sunrise, which shall be:

(a) Placed on the stake at least 6 feet above normal high water; and

(b) Visible in all directions for at least 1 mile on a clear night; or

(2) The stake of a pound net shall be marked with retro-reflective tape, as specified by the Department, which is placed on the stake at least 6 feet above normal high water in the following areas and manner:

(a) On all State waters, except for Potomac River tributaries:

(i) The stake at each end of the pound net shall be marked with three 4-inch bands of orange retro-reflective tape which do not overlap; and

(ii) The stakes between the two end stakes, at intervals not greater than 150 feet apart, shall be marked with a single 4-inch band of white retro-reflective tape; and

(b) On Potomac River tributaries:

(i) The end stake closest to the channel and on the right side of channel when entering from a seaward direction, shall be marked with three 4-inch bands of red retro-reflective tape, which do not overlap, and the opposite end stake shall be marked with three 4-inch bands of green retro-reflective tape which do not overlap;

(ii) The end stake closest to the channel and on the left side of the channel when entering from a seaward direction shall be marked with three 4-inch bands of green retro-reflective tape which do not overlap, and the opposite end stake shall be marked with three 4-inch bands of red retro-reflective tape which do not overlap; and

(iii) At least three stakes between the two end stakes, at intervals not greater than 150 feet apart, shall be marked with a single 4-inch band of white retro-reflective tape.

E. Pound Net Activity Notification.

(1) The registrant shall ensure that written notice is received by the Department at least 7 days prior to setting any pound net.

(2) The registrant shall ensure that written notice is received by the Department within 7 days of removing any pound net from the water.

(3) Notification shall be on a form provided by the Department.

F. Pound Net Soak Time Limits.

(1) During the time period of January through June, pound nets shall be fished at the interval set by the Department in a public notice, with all entrapped striped bass released.

(2) The Secretary shall publish such notice on the Department’s website no later than December 1 of the year preceding the soak time limit provision taking effect.