The Administrative Procedures Act (APA), State Government Article, §10-101 subseq., Annotated Code of Maryland states the process by which state agencies must follow to create regulatory law. This process includes a 30 day public comment period after publication of the proposal in the MD register. The Department may also hold a public hearing during the official public comment period.
In addition to this APA process, the Department has initiated a pre-regulatory process to gain a better understanding of the publics opinion. This process includes a bi-annual meeting to discuss upcoming proposals and posting unofficial drafts and/or explanations of upcoming regulatory proposals on this website for public feedback prior to the start APA regulatory process.
Any regulatory text posted on this webpage is not official text and is subject to change prior to publication in the Maryland Register.
Draft Diamondback Terrapin Regulations
A. [Size. A person may not catch or possess a diamondback terrapin, whether it was caught within the State or within any other state, territory, or country, that is less than 4 inches or greater than 7 inches in length measured across the greatest length of the free edges of the plastron parallel to the midline from the front of the diamondback terrapin to the back.
B.] Eggs. A person may not possess, destroy, or disturb in any manner diamondback terrapin eggs.
[C. Season. A person may not take or possess diamondback terrapin during the period from November 1 through July 31.
D. Pets. The provisions of this regulation relating to size and season do not apply to a person who owns not more than three diamondback terrapins kept as pets.
E. Permits. A person catching diamondback terrapins for commercial purposes must hold a valid diamondback terrapin permit issued by the Department of Natural Resources and be licensed to fish for commercial purposes in accordance with Natural Resources Article, §§4-701 and 4-902, Annotated Code of Maryland.
1. Permits issued by the Department shall be valid beginning on August 1 and expiring on October 31 each year.
2. Applications for permits must be received between June 1 and July 31 of each calendar year.
3. Permits issued by the Department are not transferable.
4. A person permitted by the Department to harvest diamondback terrapin shall record the harvest of diamondback terrapin on the permit and on the Daily Commercial Fisheries Catch Log and submit the information to the Department by December 1 following the permitted season.
F.] B. A person may not catch diamondback terrapins.
C. All crab pots set for recreational purposes shall be equipped with a turtle reduction device as required in 08.02.03.07B.
Public comment on this draft regulation may be submitted via fax, 410-260-8278 or email comments to Harley Speir.