.05 Bank Traps and Channel Pounds.

A. A bank trap and channel pound shall meet the following structural requirements:

(1) A row of hedging attached to any bank trap or channel pound may not exceed more than 1/3 the distance across the body of water in which the bank trap or channel pound is placed;

(2) To permit trapped air-breathing animals to survive, each bank trap and channel pound shall be constructed and placed in the water to provide an airspace safety chamber in the top of the trap which shall extend 12 inches above the water at mean high tide, and consist of a cube not less than 12 inches on each side and 12 inches high, or a cylinder not less than 18 inches in diameter and 12 inches high; and

(3) A marker shall be attached to each bank trap and channel pound, which clearly identifies the name and license number of the owner in letters at least 2 inches high.

B. Areas Where Bank Traps and Channel Pounds May Be Placed.

(1) An individual may place a bank trap or channel pound only in the following tidal waters:

(a) The waters surrounding Eastern Neck Island from Baybush Point along the south and easterly sides of the island to the bridge crossing Eastern Neck Narrows, except within 300 feet of another bank trap or channel pound; and

(b) The tidal waters of Somerset County except within:

(i) 300 feet of another bank trap or channel pound; or

(ii) 500 feet of the point, formed at the intersection of a line from the nearest part of the dwelling to the water and a line along the mean high water mark, of property that contains an occupied dwelling.

(2) In Somerset County, a bank trap or channel pound may not be placed closer than the distance specified in §B(1)(b)(ii) of this regulation from a waterfront residence, unless written permission has been obtained from the owner, tenant, or lessee of the waterfront property. This permission shall include the signature, address, and telephone number of the owner, tenant, or lessee.

(3) If written permission is required, it shall be shown to a Natural Resources Police officer or other law enforcement officer upon request.

C. An individual may not set more than 35 bank traps or channel pounds in the tidal waters of Somerset County.

D. Times for Staking Out and Removing Bank Traps or Channel Pounds.

(1) After 8 a.m. on March 15, a licensee may use in each instance a single stake with the licensee's name and license number to stake out one or more sites for bank traps or channel pounds.

(2) Beginning on March 1 of each year, a landowner or lessee may use in each instance a single stake with the landowner's or lessee's name and address to stake out one site in the area riparian to the landowner's or lessee's land where the landowner or lessee may maintain a trap or pound. An individual other than the landowner or lessee may not place or maintain a trap or pound in that area, if the area is staked by a landowner or lessee.

(3) Each bank trap and hedging shall be in place not later than May 1 or the staking of the site is void and may be staked out by another licensee.

(4) An individual shall remove a bank trap or channel pound, including all hedging and stakes, by December 1.

(5) If a bank trap or channel pound is removed before December 1, all hedging and stakes shall be removed 30 days after the trap is removed.