Catching Spot In Traps Is Illegal

[reds]

Issue- Legality of the use of spot pots by charter boat captains, recreational and commercial licensees.

An individual licensed with a fishing guide license (FGR or FGN) under 4-701 is only authorized to provide services as a fishing guide. This means to take compensation to take individuals recreationally fishing. It does
not convey any commercial fishing privileges or authorization to harvest with commercial fishing gear.
Recreational fishing gear is defined in Natural Resources Article 4-704(a) as hook and line, dip net operated by hand, spear gun, or bow and arrow. Gear other than that specified is commercial fishing gear. Therefore, an individual licensed with a fishing guide license (FGR or FGN) may not harvest finfish with any type of
commercial gear, including spot pots. In addition, recreational fishermen may not set spot pots.

However, an individual licensed with an Unlimited Tidal Fish License (TFL) or Unlimited Finfish License (FIN)
may use commercial fishing gear to harvest finfish. The Natural Resources Police is issuing citations for spot
pots that do not meet the definition of a fish pot in COMAR 08.02.05.02. A fish pot is defined as: a single,
finfish entrapment net device, without associated wings or leads, consisting of:
(a) An enclosure of various shapes covered with wire, fabric, or nylon mesh webbing of not less than 1 ½ inch
stretched mesh size;
(b) One or more conical entrance funnels;
(c) One or more unobstructed escape vents, in the holding chamber, of at least 2 ½ inches in diameter, if circular,
or 2 ½ inches stretched mesh size if square.
Fishing gear currently being utilized and referred to as spot pots are generally 24” by 24”, consist of stretch mess
less than 1 ½ inches and do not include any escape panels or cull rings. Spot pots are not a gear defined in Code
of Maryland Regulations, and they do not meet the current definition for a fish pot. This issue is under review by
Department counsel. The fact that the issue requires legal review is evidence that the regulation lacks clarity.
Therefore, Fisheries Service is further evaluating this issue and looking for recommendations from the
Commissions. There remains concern about increased effort to spot, particularly juveniles, and the by-catch
impacts of other important fisheries resources (i.e. striped bass, white perch, blue crabs). The spot fishery
management plan has specific objectives and strategies to protect juvenile spot. Spot do not mature until ages
two and three and lengths of seven to eight inches. The Department recommends further evaluation of spot pots
before allowing them to be a legal gear.

[uncljohn]

I thought people just KEPT spot in pots, but didn't actually use them for the catching part. (i.e. I dont know what a spot trap looks like but I do know what a spot pen looks like)

This may be more viable with minnow traps.

[B-Faithful]

I was at the dnr meeting. Any fish trap or pot is classified as commercial gear (as are nets)... You must have a TFL to trap fish in pots. Capt O'brien did bring up the fact that this may give a competitive advantage to the charter capts who also carry TFL's. (many maryland charter capts also carry commercial fishing lisences, while others do not).

I do not think there are many recs who are running spot traps but if they are, it is illegal. Hook and line only for spot unless you have a TFL

I dont think a pen can be classified as a trap. A pen is nothing but an in water livewell.

[crabby and son]

You are correct Greg. A spot holding pen is legal to use if you caught the spot with a hook and line. A holding pen is not capable of catching or trapping a spot...............Gary

[reds]

Originally Posted by B-Faithful

I was at the dnr meeting. Any fish trap or pot is classified as commercial gear (as are nets)... You must have a TFL to trap fish in pots. Capt O'brien did bring up the fact that this may give a competitive advantage to the charter capts who also carry TFL's. (many maryland charter capts also carry commercial fishing lisences, while others do not).

I do not think there are many recs who are running spot traps but if they are, it is illegal. Hook and line only for spot unless you have a TFL

I dont think a pen can be classified as a trap. A pen is nothing but an in water livewell.

Capt O'brien does not carry a TFL, but that was his choice. A tfl is $310 a year while Capt O'brien's license is but $50. So the unfair advantage he speaks of is not so unfair.

And yes there are a great deal of recs who catch Spot with traps and in the past the DNR has looked the other way.

Spot are not a bait fish by regulation, therefore the pens are a gray area. One of the things the ASMFC wants the DNR to look into is a daily limit. A daily limit will make the pens illegal if over one limit is kept unless you have a commercial finfish license.

[crabby and son]

Originally Posted by reds

Capt O'brien does not carry a TFL, but that was his choice. A tfl is $310 a year while Capt O'brien's license is but $50. So the unfair advantage he speaks of is not so unfair.

And yes there are a great deal of recs who catch Spot with traps and in the past the DNR has looked the other way.

Spot are not a bait fish by regulation, therefore the pens are a gray area. One of the things the ASMFC wants the DNR to look into is a daily limit. A daily limit will make the pens illegal if over one limit is kept unless you have a commercial finfish license.

As the market for spot increases by the popularity of live lining, I feel a daily limit might not be a bad idea. There is just a TON of 2" spot in the bay right now............Gary

[hippie]

Someone said hook and line is the only legal way for recs. to catch their spot. What about a cast net. I would always throw it and the more spot the better. Since the spot are not protected as to size, daily creel limit or a seasonal time limit how can they be protected via hook and line only? Thank you, Bob