Section 4-803 - Rules and regulations generally; public hearings before rules and regulations become effective.
§ 4-803. Rules and regulations generally; public hearings before rules and regulations become effective.
(a) Rules and regulations in general.- The Department may adopt rules and regulations to effectuate the following purposes:
(1) To restrict catching and possessing any blue crab;
(2) The methods by which crabs are taken;
(3) To close or open any specified area to catch crabs;
(4) To prohibit or restrict devices used to catch crabs;
(5) To establish seasons to catch crabs; and
(6) To establish minimum size limits for hard, soft, and peeler crabs. However, this section does not permit the Department to change existing license fees for catching, picking, canning, packing, or shipping cooked hard or soft crabs or crab meat; or for selling, or shipping live hard or soft crabs by barrel or crate. The Department may set license fees on types of gear or equipment if not otherwise set by law.
(b) Trotline and cull ring restrictions.- The Department may not adopt regulations to:
(1) Restrict a tidal fish licensee who catches crabs using trotline gear to a workday of less than 8 hours per day, excluding time spent setting or taking up gear;
(2) Establish time restrictions on a tidal fish licensee using trotline gear for setting and taking up gear; or
(3) Prohibit a tidal fish licensee from obstructing the cull ring of a hard crab pot at any time of the year in order to catch peeler crabs.
(c) Public hearings required.- The Department's regulations may not become effective under this section until the Department first holds public hearings. The Department shall advertise the time, place, and purpose of the hearings in one newspaper of general daily circulation in the State, and at least in one newspaper circulated in the affected region of each county whose waters may be directly affected by the proposed regulations for 2 successive weeks in advance of the hearings.
[An. Code 1957, art. 66C, §§ 328, 329; 1973, 1st Sp. Sess., ch. 4, § 1; 1974, ch. 758; 1990, ch. 94; 1993, ch. 5, § 1; 2001, chs. 272, 294.]