<section article="gnr" article_name="Natural Resources" number="4-101" title_number="4" title_name="Fish and Fisheries" subtitle_number="1" subtitle_name="In General"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Apprenticeship permit” means a permit issued by the Department that authorizes the permittee to gain practical experience in the presence of a tidal fish licensee regarding commercial fishing activities.</text> </level> <level label="c"> <text>“Authorization” means an authorization under a tidal fish license issued by the Department which entitles a licensee to engage in a particular fishing activity.</text> </level> <level label="d"> <text>“Catch” includes to take, kill, trap, gather, harvest, or in any manner reduce any fish to personal possession.</text> </level> <level label="e"> <text>“Closed season” means the time during which any particular species of fish may not be caught legally and includes any period of time not included within the open season.</text> </level> <level label="f"> <text>“Commercial fishing pier” means a pier open to the public that charges a fee to fish in the tidal waters of the State.</text> </level> <level label="g"> <text>“County” includes Baltimore City unless otherwise indicated.</text> </level> <level label="h"> <text>“Crew member” means a person who assists a tidal fish licensee during commercial fishing activities including operating a boat, handling fishing related gear, or culling fish.</text> </level> <level label="i"> <text>“Department” means Department of Natural Resources.</text> </level> <level label="j"> <text>“Fish” means, except as provided in § 4–2A–01 of this title, finfish, crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life cycle in water and any part, egg, offspring, or dead body of any of these species.</text> </level> <level label="k"> <text>“Game and freshwater fish” means fish found in nontidal water, including but not limited to, a pond, lake, or canal, whether publicly or privately owned.</text> </level> <level label="l"> <text>“Hailing system” means a communication system used by licensees to notify the Department of a fishing trip, harvest, or other fishing related information as required by the Department.</text> </level> <level label="m"> <text>“Nontidal water” means water above a point where the tide ebbs and flows.</text> </level> <level label="n"> <text>“Open season” means the time during which fish legally may be caught and includes both the first and last day of the season or period designated in this title.</text> </level> <level label="o"> <text>“Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.</text> </level> <level label="p"> <text>“Resident” means an individual who:</text> <level label="1"> <text>For more than 6 months of the taxable year maintains a residence in the State; or</text> </level> <level label="2"> <text>Moves to the State with the intent to be domiciled in the State.</text> </level> </level> <level label="q"> <text>“Secretary” means Secretary of Natural Resources.</text> </level> <level label="r"> <text>“Tidal fish license” means a license issued by the Department which authorizes the licensee to guide fishing parties, catch fish for commercial purposes and buy, sell, process, transport, export or otherwise deal in fish which were caught in the tidal waters of Maryland.</text> </level> <level label="s"> <text>“Tidal water” means water below a point where the tide ebbs and flows.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-102" title_number="4" title_name="Fish and Fisheries" subtitle_number="1" subtitle_name="In General"> <level label="a"> <text>Any local or general law of the State which sets or regulates minimum and maximum sizes of fish, or regulates or prohibits the sale of fish, applies whether the fish are caught in the waters of the State or in the waters of any other state, county, or territory and brought into the State. Any fine or penalty prescribed for violation of these laws applies to the same extent.</text> </level> <level label="b"> <text>Notwithstanding any general or local laws or ordinances to the contrary, finfish, crabs, oysters, clams, and other shellfish, caught in the waters within the jurisdiction of the Potomac River Fisheries Commission, in compliance with regulations prescribed by the Commission pursuant to the Potomac River Compact of 1958, may be possessed, stored, marketed, and otherwise disposed of elsewhere in the State.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-103" title_number="4" title_name="Fish and Fisheries" subtitle_number="1" subtitle_name="In General"> <level label="a"> <text>The General Assembly finds that:</text> <level label="1"> <text>Fishing is a valued part of the State’s cultural and social heritage that provides unique recreational benefits to residents of the State; and</text> </level> <level label="2"> <text>Fishing plays an important part in the State’s economy by contributing to tax revenues and employment and supports the conservation, preservation, and management of the State’s fisheries, natural areas, and water resources.</text> </level> </level> <level label="b"> <text>It is the intent of the General Assembly that residents of the State have a right to fish subject to regulations and restrictions under laws that the General Assembly enacts.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-202" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <text>The Secretary is responsible for conservation management of the fish, fisheries, fish resources and aquatic life within the State.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-203" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <text>Every right, power, duty, obligation, and function previously conferred upon or exercised by the Department of Game and Inland Fish or the Fish and Wildlife Administration is transferred to and may be exercised by the Department. Every reference to the Department of Game and Inland Fish or the Fish and Wildlife Administration which appears in the Code, in any other State law, or in any ordinance, resolution, rule, regulation, legal action, directive, or document, means the Department.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-204" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <level label="1"> <text>There is a Tidal Fisheries Advisory Commission in the Department.</text> </level> <level label="2"> <text>The Commission is composed of up to 16 members appointed and serving in accordance with the procedures adopted under § 1–102(c) of this article.</text> </level> <level label="3"> <level label="i"> <text>The Commission consists of:</text> <level label="1"> <text>Up to 14 commercial watermen;</text> </level> <level label="2"> <text>One member of the Sport Fisheries Advisory Commission; and</text> </level> <level label="3"> <text>One representative of the aquaculture industry in the State.</text> </level> </level> <level label="ii"> <text>The composition of the Commission shall reflect the geographic regions of the State where the commercial fishing industry is operating.</text> </level> </level> <level label="4"> <text>The term of a member is 4 years.</text> </level> <level label="5"> <text>The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015.</text> </level> <level label="6"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="7"> <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text> </level> </level> <level label="b"> <level label="1"> <text>There is a Sport Fisheries Advisory Commission in the Department.</text> </level> <level label="2"> <text>The Commission shall provide the Department advice on recreational fisheries matters.</text> </level> <level label="3"> <level label="i"> <text>The Commission is composed of 17 members appointed and serving in accordance with the provisions of § 1–102(c) of this article.</text> </level> <level label="ii"> <text>The Commission shall include:</text> <level label="1"> <text>One member of the Tidal Fisheries Advisory Commission who is not the representative of the Sport Fisheries Advisory Commission serving on the Tidal Fisheries Advisory Commission under subsection (a)(3)(i) of this section; and</text> </level> <level label="2"> <text>One representative of the aquaculture industry in the State.</text> </level> </level> <level label="iii"> <text>The experience and backgrounds of Commission members shall represent the diversified angling interests and waters of the State.</text> </level> </level> <level label="4"> <level label="i"> <text>The term of a member is 4 years and a member may be reappointed.</text> </level> <level label="ii"> <text>The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015.</text> </level> <level label="iii"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="iv"> <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>There is an Oyster Advisory Commission in the Department.</text> </level> <level label="2"> <level label="i"> <text>On or before April 1, 2020, and subject to subparagraph (ii) of this paragraph, the Department shall, in coordination with the University of Maryland Center for Environmental Science, convene the members of the Commission.</text> </level> <level label="ii"> <text>The Commission shall include only:</text> <level label="1"> <text>A representative from each county oyster committee established under § 4–1106(b) of this title designated by the committee;</text> </level> <level label="2"> <text>A representative from the Maryland Watermen’s Association, designated by the Association;</text> </level> <level label="3"> <text>A representative from the Maryland Oystermen’s Association, designated by the Association;</text> </level> <level label="4"> <text>A representative from the Blacks of the Chesapeake Foundation, designated by the Foundation;</text> </level> <level label="5"> <text>A representative from the aquaculture industry, designated by the Aquaculture Coordinating Council;</text> </level> <level label="6"> <text>A representative from the commercial seafood buyer industry, designated by the Secretary;</text> </level> <level label="7"> <text>A representative from the Coastal Conservation Association of Maryland, designated by the Association;</text> </level> <level label="8"> <text>A representative from the Chesapeake Bay Foundation, designated by the Foundation;</text> </level> <level label="9"> <text>A representative from the Nature Conservancy, designated by the Conservancy;</text> </level> <level label="10"> <text>A representative from the ShoreRivers Riverkeeper Association, designated by the Association;</text> </level> <level label="11"> <text>A representative from the Arundel Rivers Federation, designated by the Federation;</text> </level> <level label="12"> <text>A representative from the Oyster Recovery Partnership, designated by the Partnership;</text> </level> <level label="13"> <text>A representative from the Chesapeake Bay Commission, designated by the Chesapeake Bay Commission;</text> </level> <level label="14"> <text>A representative from Blue Oyster Environmental, designated by Blue Oyster Environmental;</text> </level> <level label="15"> <text>A representative from the Chesapeake BaySavers, designated by the Chesapeake BaySavers;</text> </level> <level label="16"> <text>A representative from the National Aquarium, designated by the National Aquarium;</text> </level> <level label="17"> <text>A representative from the University of Maryland Center for Environmental Science, designated by the Center; and</text> </level> <level label="18"> <text>A representative from the Patuxent Environmental and Aquatic Research Laboratory, Morgan State University, designated by the Research Laboratory.</text> </level> </level> </level> <level label="3"> <text>The following persons shall provide information to the Commission at the request of the Commission but may not participate as voting members:</text> <level label="i"> <text>State and federal agencies tasked with oyster management and restoration responsibilities, including the Department, the National Oceanic and Atmospheric Administration, and the U.S. Army Corps of Engineers;</text> </level> <level label="ii"> <text>Two members of the Senate, one from each political party, appointed by the President of the Senate; and</text> </level> <level label="iii"> <text>Two members of the House of Delegates, one from each political party, appointed by the Speaker of the House.</text> </level> </level> <level label="4"> <text>The Commission shall:</text> <level label="i"> <text>Provide the Department with advice on matters related to oysters in the Chesapeake Bay;</text> </level> <level label="ii"> <text>Review the best possible science and recommend changes to the framework and strategies for rebuilding and managing the oyster population in the Chesapeake Bay under the Chesapeake Bay Oyster Management Plan;</text> </level> <level label="iii"> <text>Review the latest findings relevant to the Environmental Impact Statement evaluating oyster restoration alternatives for the Chesapeake Bay;</text> </level> <level label="iv"> <text>Review any other scientific, economic, or cultural information relevant to oysters in the Chesapeake Bay;</text> </level> <level label="v"> <text>Develop a package of consensus recommendations, in coordination with the Department, for enhancing and implementing the fishery management plan for oysters under § 4–215 of this subtitle; and</text> </level> <level label="vi"> <text>By December 31, 2007, and to the extent reasonably appropriate, report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:</text> <level label="1"> <text>Strategies to minimize the impact of oyster disease, including the State repletion program and bar cleaning;</text> </level> <level label="2"> <text>The framework and effectiveness of the oyster sanctuary, harvest reserve, and repletion programs, and the overall management of natural oyster bars, after performing a cost–benefit analysis that considers biological, ecological, economic, and cultural issues;</text> </level> <level label="3"> <text>Strategies to maximize the ecological benefits of natural oyster bars; and</text> </level> <level label="4"> <text>Strategies to improve enforcement of closed oyster areas.</text> </level> </level> </level> <level label="5"> <text>The Department may not use funds allocated to a county oyster committee for the Commission established under this subsection.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-205" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>The Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for its work. It may equip a vehicle, vessel, or boat, which it owns or operates, with any required arms, ammunition, or equipment. The Department’s authority under this subsection is subject to the provisions of law concerning budget and procurement.</text> </level> <level label="b"> <text>The Department may contract for research or scientific investigation with the Natural Resources Institute of the University of Maryland, the Chesapeake Bay Institute of the Johns Hopkins University, or any other appropriate research organization.</text> </level> <level label="c"> <text>The Department, in accordance with the provisions of this title, may conduct demonstrations of extended duration to improve fisheries and for any other purpose necessary to carry out its duties. The Department also may import fish or any other organism of any variety for experimental purposes.</text> </level> <level label="d"> <text>The Department shall inspect fish caught or sold in the State and enforce the cull laws and other protective measures. This subsection may not be construed to interfere with any inspections made by the Maryland Department of Health.</text> </level> <level label="e"> <text>The Department shall inspect the waters of the State in order to stock them with food fish which in its judgment are most advantageous.</text> </level> <level label="f"> <text>The Department may negotiate any agreement with any other state concerning catching fish, the size of fish, and opening and closing fishing seasons.</text> </level> <level label="g"> <text>The Department may use any funds the federal government makes available, and any gift, for any purpose necessary to rehabilitate the seafood industry, subject to budgetary limitations.</text> </level> <level label="h"> <text>The Department may establish and conduct an extension service for persons engaged in seafood production to apprise them of the Department’s objectives and programs, the principles of natural resources conservation and management, current problems affecting seafood production, and any other matter considered significant in development of full potential of the State’s seafood resources.</text> </level> <level label="i"> <text>The Department may issue a new commercial fishing license when the license is forfeited.</text> </level> <level label="j"> <text>The Department may define the boundaries of tidal and nontidal waters within the jurisdiction of the State, and promulgate them by rule or regulation.</text> </level> <level label="k"> <text>The Department shall propose a separate fisheries resource management program and shall make recommendations to the General Assembly for legislation for implementation of the program for the following bodies of water and their tributaries:</text> <level label="1"> <text>Assawoman Bay and the Isle of Wight;</text> </level> <level label="2"> <text>Chincoteague Bay;</text> </level> <level label="3"> <text>Sinepuxent Bay;</text> </level> <level label="4"> <text>St. Martin River; and</text> </level> <level label="5"> <text>Atlantic Ocean adjacent to Worcester County.</text> </level> </level> <level label="l"> <level label="1"> <text>The Department shall require an applicant for any recreational license under this title to provide the last four digits of the applicant’s Social Security number, if the applicant has a Social Security number.</text> </level> <level label="2"> <text>Except as provided in § 4–334 of the General Provisions Article, the partial Social Security number of an applicant may not be disclosed as part of the public record of the application.</text> </level> </level> <level label="m"> <text>Except for any appropriation made for aquaculture, an appropriation from the General Fund made for fishery management purposes shall be allocated fairly and reasonably between the recreational and commercial fisheries.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-205.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Aquatic organism” means an organism that lives part of its life in water.</text> </level> <level label="3"> <text>“Ecosystem” means a system of living organisms and their environment, each influencing the life of the other and necessary for the maintenance of life.</text> </level> <level label="4"> <text>“Introduction into State waters” includes use of an organism as bait in the waters of the State.</text> </level> <level label="5"> <text>“Native” means having historically lived, grown, and reproduced in State waters.</text> </level> <level label="6"> <text>“Naturalized” means documented as having lived, grown, and reproduced in State waters without known harm to the ecosystem.</text> </level> <level label="7"> <text>“Nonnative” means other than native or naturalized.</text> </level> <level label="8"> <text>“Nuisance organism” means a nonnative aquatic organism that will foreseeably alter and threaten to harm the ecosystem or the abundance and diversity of native or naturalized fish and other organisms.</text> </level> <level label="9"> <text>“State of nuisance” means a condition in which a nuisance organism will foreseeably alter and threaten to harm the ecosystem or the abundance and diversity of native or naturalized fish and other organisms.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided under paragraph (2) of this subsection, the Secretary may adopt regulations to:</text> <level label="i"> <text>Prohibit the importation, possession, or introduction into State waters of a nonnative aquatic organism in order to prevent an adverse impact on an aquatic ecosystem or the productivity of State waters;</text> </level> <level label="ii"> <text>Manage the sale, transport, purchase, importation, possession, harvest, season, size limits, open area, catch devices, and introduction of nuisance organisms; and</text> </level> <level label="iii"> <text>Conduct pilot projects to demonstrate and evaluate new approaches for the management and control of nuisance organisms.</text> </level> </level> <level label="2"> <text>The provisions of this section do not apply to:</text> <level label="i"> <text>An aquaculture operation for which the Department has issued a permit under Subtitle 11A of this title;</text> </level> <level label="ii"> <text>The possession, importation, or transport of a nonnative aquatic organism for purposes related to a permitted aquaculture operation; or</text> </level> <level label="iii"> <text>A person that has a valid nursery inspection certificate or plant dealer license issued in accordance with Title 5, Subtitle 3 of the Agriculture Article.</text> </level> </level> </level> <level label="c"> <level label="1"> <level label="i"> <text>Subject to the requirement under subparagraph (ii) of this paragraph, the Department may enter and inspect a property to determine whether a state of nuisance exists.</text> </level> <level label="ii"> <text>The Department shall give reasonable notice of an intent to enter the property of a landowner, occupant, or tenant or any other person reasonably believed to be in possession of a nuisance organism.</text> </level> </level> <level label="2"> <level label="i"> <text>When making a determination regarding the existence, imminence, and gravity of a state of nuisance, the Secretary shall consult appropriate experts and any other available scientific resources.</text> </level> <level label="ii"> <text>The Department shall investigate and determine, to the extent possible, the person who is causing or has caused the state of nuisance.</text> </level> </level> <level label="3"> <level label="i"> <text>The Department may seize a nuisance organism that has created or will foreseeably create a state of nuisance.</text> </level> <level label="ii"> <text>The Department may dispose of a seized nuisance organism in any manner deemed appropriate.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>If the Secretary finds that a state of nuisance exists but does not present an imminent danger to the healthy balance of an ecosystem, the Secretary shall serve a written notice to the person determined to have caused the state of nuisance and order the person to abate the state of nuisance within a time specified in the notice.</text> </level> <level label="2"> <text>The notice shall be served:</text> <level label="i"> <text>On the person determined to have caused the state of nuisance; or</text> </level> <level label="ii"> <text>If the person determined to have caused the state of nuisance cannot be found, on the owner or occupant of the property:</text> <level label="1"> <text>Where the state of nuisance exists; or</text> </level> <level label="2"> <text>That must be entered to access or abate the state of nuisance.</text> </level> </level> </level> <level label="3"> <text>If the person served with the notice under paragraph (2)(i) of this subsection fails to comply with the requirements of the notice or if the person complies but the state of nuisance is likely to recur on the same property, the Secretary may file a complaint in the circuit court for the county where the state of nuisance exists.</text> </level> <level label="4"> <text>A complaint filed under paragraph (3) of this subsection may seek a court order requiring the person to:</text> <level label="i"> <text>Comply with the requirements of the Secretary’s abatement notice;</text> </level> <level label="ii"> <text>Abate the state of nuisance within a time specified in the order; or</text> </level> <level label="iii"> <text>Prevent the state of nuisance from recurring.</text> </level> </level> <level label="5"> <level label="i"> <text>This paragraph applies to a person served with a notice under paragraph (2)(ii) of this subsection.</text> </level> <level label="ii"> <level label="1"> <text>If the person voluntarily abates the state of nuisance within the time specified in the notice, the Department shall reimburse all reasonable costs of abatement.</text> </level> <level label="2"> <text>If the person consents, the Department may enter the property and, at the Department’s expense, do any work and use any materials necessary to abate the state of nuisance.</text> </level> </level> <level label="iii"> <text>If the person does not voluntarily abate the state of nuisance within the time specified in the notice and refuses to allow the Department to enter on the property for the purpose of abating the state of nuisance, the Secretary may file a complaint in the circuit court for the county where the state of nuisance exists.</text> </level> <level label="iv"> <text>A complaint filed under subparagraph (iii) of this paragraph may seek a court order requiring the person to allow the Department to:</text> <level label="1"> <text>Enter on the property; and</text> </level> <level label="2"> <text>At the expense of the Department, do any work and use any materials necessary to abate the state of nuisance.</text> </level> </level> <level label="v"> <text>If the Department abates a state of nuisance under this paragraph, the Department shall:</text> <level label="1"> <text>Make reasonable efforts to repair any property damage caused by abatement activities; or</text> </level> <level label="2"> <text>Reimburse the person for repair or replacement costs associated with damages caused by abatement activities.</text> </level> </level> </level> </level> <level label="e"> <level label="1"> <text>If the Secretary determines that a state of nuisance exists that presents an imminent danger to the healthy balance of an ecosystem, the Secretary may summarily abate the state of nuisance.</text> </level> <level label="2"> <text>Before summarily abating a state of nuisance under this subsection, the Secretary shall, as appropriate:</text> <level label="i"> <text>If the owner, tenant, or other occupant of the property where the state of nuisance exists is reasonably believed to have caused the state of nuisance, serve an abatement order on the owner, tenant, or other occupant;</text> </level> <level label="ii"> <text>If the property is unoccupied and the owner cannot be found, attach an abatement order to the property where the state of nuisance exists; or</text> </level> <level label="iii"> <text>If a person other than the property owner, occupant, or tenant is reasonably believed to have caused the state of nuisance:</text> <level label="1"> <text>Serve an abatement order on that person; and</text> </level> <level label="2"> <level label="A"> <text>Serve a copy of the abatement order on the owner of the property where the state of nuisance exists or, if the owner cannot be found, on the occupant or tenant of the property; or</text> </level> </level> <level label="B"> <text>If the property is unoccupied and the owner cannot be found, attach a copy of the abatement order to the property where the state of nuisance exists.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>An abatement order under this subsection shall require and state:</text> <level label="1"> <text>A time period within which the property owner, occupant, or tenant or any other person determined to have caused the state of nuisance shall abate the state of nuisance; and</text> </level> <level label="2"> <text>To the best knowledge of the Department, the work and materials necessary to abate the state of nuisance.</text> </level> </level> <level label="ii"> <text>The time period within which to abate the state of nuisance or to commence abatement, as within the discretion of the Secretary, may not be less than 24 hours from the date and hour that the order is served.</text> </level> </level> <level label="4"> <text>If the property owner, occupant, or tenant or any other person served with an abatement order under this subsection fails to abate or commence abatement of the state of nuisance within the time specified in the order, the Department may:</text> <level label="i"> <text>Enter on the property; and</text> </level> <level label="ii"> <text>At the expense of the property owner, occupant, or tenant or any other person determined to have willfully or negligently caused the state of nuisance, do any work and use any materials necessary to abate the state of nuisance.</text> </level> </level> <level label="5"> <level label="i"> <level label="1"> <text>As soon as the total cost of any abatement activities performed by the Department under this subsection has been determined, the Secretary shall provide a full statement of charges to any person determined to have willfully or negligently caused the state of nuisance.</text> </level> <level label="2"> <text>If, within 90 days after the receipt of charges the person does not remit payment to the Secretary, the Secretary may file suit against the person in the county where the state of nuisance was abated.</text> </level> </level> <level label="ii"> <level label="1"> <text>To the extent possible, the Department shall minimize property damage during abatement activities.</text> </level> <level label="2"> <text>If the Department has not determined that the property owner, occupant, or tenant caused the state of nuisance, the Department shall:</text> </level> <level label="A"> <text>Make reasonable efforts to repair any property damage caused by abatement activities; or</text> </level> <level label="B"> <text>Reimburse the owner, occupant, or tenant for repair or replacement costs associated with damages caused by abatement activities.</text> </level> </level> </level> </level> <level label="f"> <text>All abatement activities shall be performed in accordance with criteria established by the Department.</text> </level> <level label="g"> <text>An owner, occupant, or tenant of a property on which the Department has performed abatement activities may not be held civilly liable for damages claimed by a third party as a result of abatement activities performed by the Department, unless the owner, occupant, or tenant has been determined to have willfully or negligently caused the state of nuisance.</text> </level> <level label="h"> <text>A person may not:</text> <level label="1"> <text>Interfere with the Secretary, a representative of the Secretary, or any other individual engaged in the abatement or summary abatement of a state of nuisance under this section; or</text> </level> <level label="2"> <text>Refuse to allow the Secretary, a representative of the Secretary, or any other individual to enter on any property for the purpose of abating or summarily abating a state of nuisance under this section.</text> </level> </level> <level label="i"> <level label="1"> <text>In addition to any other penalty provided under law, a person who violates a provision of this section or a regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $2,500 or both for each offense, but not exceeding a total of $25,000 for offenses arising out of the same enforcement action.</text> </level> <level label="2"> <text>Each nuisance organism imported or possessed in violation of this section or a regulation adopted under this section constitutes a separate offense.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-206" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <level label="1"> <text>The Department shall audit the books of any person who packs or deals in fish resources within the jurisdiction of the Department including anyone who catches and ships directly to market.</text> </level> <level label="2"> <text>The Department audit shall be conducted to determine the quantity of resources caught and any other data needed for reporting and accounting to State officials.</text> </level> </level> <level label="b"> <level label="1"> <text>Every person engaged in the business of packing or dealing in any fish resource within the Department’s jurisdiction shall keep accurate books, statements, and accounts showing every detail of the business.</text> </level> <level label="2"> <text>Every book, statement, and account shall be open for the Department to inspect at reasonable hours.</text> </level> <level label="3"> <text>Every person engaged in the business of packing or dealing in any fish resource within the Department’s jurisdiction shall submit any report the Department requires in accordance with regulations adopted by the Department.</text> </level> </level> <level label="c"> <text>Every person the Department licenses to catch the fish resource shall submit any report the Department requires in accordance with regulations adopted by the Department.</text> </level> <level label="d"> <level label="1"> <text>An officer or employee of any department or unit of the Executive Branch of State government may not divulge or use in any manner information contained in any report submitted pursuant to the provisions of this section that would reveal the income of any person submitting the report.</text> </level> <level label="2"> <text>This section does not prohibit the publication of statistics classified to prevent the identification of particular reports and items of them or prohibit inspection of reports and records by any official or employee of the Executive Branch having a proper interest in them.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-207" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <text>The State assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950, Public Law 681, Eighty-First Congress, 64 Stat. 658. The Department shall perform every act necessary to conduct and establish cooperative fish restoration projects, as defined in this act of Congress, in compliance with act and rules and regulations the Secretary of the Interior promulgates pursuant to it.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-208" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>In this section, “Fund” means the State Fisheries Management and Protection Fund.</text> </level> <level label="b"> <text>There is a State Fisheries Management and Protection Fund in the Department.</text> </level> <level label="c"> <text>The purpose of the Fund is to finance the scientific investigation, protection, propagation, and management of nontidal finfish.</text> </level> <level label="d"> <text>The Department shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Any money received for a fish and fisheries license, stamp, permit, or application fee under this title, unless otherwise provided;</text> </level> <level label="2"> <text>Any investment earnings of the Fund; and</text> </level> <level label="3"> <text>Money appropriated from the General Fund of the State in accordance with subsection (j) of this section.</text> </level> </level> <level label="g"> <text>The Fund may be used only for:</text> <level label="1"> <text>The scientific investigation, protection, propagation, and management of nontidal finfish; and</text> </level> <level label="2"> <text>Administrative costs calculated in accordance with § 1–103(b)(2) of this article.</text> </level> </level> <level label="h"> <level label="1"> <text>The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.</text> </level> </level> <level label="i"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="j"> <text>Beginning with fiscal year 2009 and each fiscal year thereafter, the Governor may include in the budget bill an appropriation from the General Fund for the Fund.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-209" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>In this section, “Fund” means the Fisheries Research and Development Fund.</text> </level> <level label="b"> <text>There is a Fisheries Research and Development Fund in the Department.</text> </level> <level label="c"> <text>The purpose of the Fund is to:</text> <level label="1"> <text>Finance the replenishment of fisheries resources and related research; and</text> </level> <level label="2"> <text>Match federal funds available for research and development of fisheries resources.</text> </level> </level> <level label="d"> <text>The Department shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Any money received under this title for:</text> <level label="i"> <text>Commercial licenses and permits;</text> </level> <level label="ii"> <text>Service fees, taxes, and royalties paid to the State for oyster shells and clam shells removed from the bottom beneath the tidal waters of the State;</text> </level> <level label="iii"> <text>The sale of seed oysters under § 4–1103 of this title; and</text> </level> <level label="iv"> <text>Any fine or forfeiture collected under § 4–1202 of this title;</text> </level> </level> <level label="2"> <text>Any investment earnings of the Fund;</text> </level> <level label="3"> <text>Money received from any other source; and</text> </level> <level label="4"> <text>Money appropriated from the General Fund of the State in accordance with subsection (j) of this section.</text> </level> </level> <level label="g"> <text>Subject to §§ 4–701(q), 4–1020, 4–1028, and 4–1035 of this title, the Fund may be used only for:</text> <level label="1"> <text>Replenishing fisheries resources and related research;</text> </level> <level label="2"> <text>Matching federal funds available for research and development of fisheries resources; and</text> </level> <level label="3"> <text>Administrative costs calculated in accordance with § 1–103(b)(2) of this article.</text> </level> </level> <level label="h"> <level label="1"> <text>The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.</text> </level> </level> <level label="i"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="j"> <text>Beginning with fiscal year 2009 and each fiscal year thereafter, the Governor may include in the budget bill an appropriation from the General Fund for the Fund.</text> </level> <level label="k"> <level label="1"> <text>For fiscal years 2023 and 2024, the Governor shall include in the annual budget bill a General Fund appropriation to the Fisheries Research and Development Fund of not less than $1,794,000.</text> </level> <level label="2"> <text>Beginning in fiscal year 2026 and each fiscal year thereafter, the Governor shall include in the annual budget bill a General Fund appropriation to the Fisheries Research and Development Fund of not less than $1,794,000.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-209.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>In this section, “Fund” means the Black Bass Conservation Fund.</text> </level> <level label="b"> <text>There is a Black Bass Conservation Fund in the Department.</text> </level> <level label="c"> <text>The purpose of the Fund is to further black bass management.</text> </level> <level label="d"> <text>The Department shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Donations collected by the Department under § 1–403(f) of this article;</text> </level> <level label="2"> <text>Money appropriated in the State budget to the Fund;</text> </level> <level label="3"> <text>Interest earnings; and</text> </level> <level label="4"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="g"> <text>The Department may use money in the Fund to:</text> <level label="1"> <text>Stock black bass;</text> </level> <level label="2"> <text>Enhance aquatic habitats for black bass;</text> </level> <level label="3"> <text>Support responsible black bass tournaments; and</text> </level> <level label="4"> <text>Support scientific research related to black bass conservation.</text> </level> </level> <level label="h"> <level label="1"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any interest earnings of the Fund shall be credited to the Fund.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-210" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>Except for a person employed to operate a vessel for a master fishing guide under § 4–701(r) of this title or a person permitted to operate a charter boat under § 4–210.2 of this subtitle, any person who desires to accept direct or indirect consideration for providing services as a fishing guide shall obtain a license.</text> </level> <level label="b"> <text>In addition to any license required by this section, a person may not furnish any service as a fishing guide that requires operating a boat or vessel as part of that service without first obtaining appropriate federal licenses to operate a vessel carrying passengers for hire.</text> </level> <level label="c"> <text>A person who is required to be licensed under this section must have all appropriate federal and State licenses in the person’s possession whenever performing services as a fishing guide.</text> </level> <level label="d"> <text>A commercial fishing guide shall be required to submit reports monthly on forms provided by the Department.</text> </level> <level label="e"> <level label="1"> <text>The Secretary may establish by regulation vessel marking, first aid, and safety requirements with which all licensed fishing guides shall comply.</text> </level> <level label="2"> <text>The Department may suspend, revoke, or refuse to issue a license for failure to comply with the terms of the license.</text> </level> </level> <level label="f"> <text>The Department may issue a tidal fish license under § 4–701 of this title and a freshwater fishing guide license under § 4–210.1 of this subtitle.</text> </level> <level label="g"> <level label="1"> <text>The Department may issue a limited fishing guide license that is applicable in all waters of the State to allow a license holder to guide:</text> <level label="i"> <text>Anglers in up to 3 boats or vessels that:</text> <level label="1"> <text>Have 1 or 2 occupants; and</text> </level> <level label="2"> <text>Are propelled by human power; or</text> </level> </level> <level label="ii"> <level label="1"> <text>Except as provided in item 2 of this item, up to 10 anglers fishing from shore or on foot in the water; or</text> </level> <level label="2"> <text>Any number of anglers who are participating in an educational or recreational program sponsored by a State, local, or municipal government and who are fishing from shore or on foot in the water.</text> </level> </level> </level> <level label="2"> <text>A person may not accept any consideration for services as a fishing guide licensed under this subsection unless the person and all persons being guided possess, as applicable, an angler’s license issued under § 4–604 of this title or a Chesapeake Bay and coastal sport fishing license issued under § 4–745 of this title.</text> </level> <level label="3"> <text>A recreational angler under the guidance of a limited fishing guide in tidal waters may not:</text> <level label="i"> <text>Catch or possess the species of fish known as the striped bass or rockfish in the tidal waters designated in § 4–210.1(f) of this subtitle; and</text> </level> <level label="ii"> <text>From March 1 through May 31, catch or attempt to catch the species of fish known as the striped bass or rockfish in spawning areas and rivers, including all waters north of a line from Abbey Point to Worton Point, including the Sassafras River, Bohemia River, Elk River, Northeast River, Susquehanna River, Susquehanna Flats, and the Chesapeake and Delaware Canal.</text> </level> </level> </level> <level label="h"> <level label="1"> <text>The fee for a limited fishing guide license under subsection (g) of this section shall be:</text> <level label="i"> <text>For a resident, $50; and</text> </level> <level label="ii"> <text>For a nonresident, $100.</text> </level> </level> <level label="2"> <text>All fees collected by the Department under this subsection shall be used for monitoring the freshwater fishery.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-210.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>A person providing fishing guide services for compensation to a person fishing in nontidal freshwater or areas of tidal water designated in subsection (f) of this section for game and freshwater fish shall obtain a freshwater fishing guide license.</text> </level> <level label="b"> <text>An applicant for a license shall:</text> <level label="1"> <text>Submit to the Department an application on the form that the Department requires;</text> </level> <level label="2"> <text>Pay to the Department an application fee of:</text> <level label="i"> <text>$20 for residents or $50 for nonresidents to operate in nontidal freshwater; and</text> </level> <level label="ii"> <text>$50 for residents or $100 for nonresidents to operate in nontidal freshwater and the areas of tidal water designated in subsection (f) of this section; and</text> </level> </level> <level label="3"> <text>Possess any necessary fishing licenses and stamps.</text> </level> </level> <level label="c"> <text>Before a freshwater fishing guide license expires, the licensee may renew the license for an additional 1 year term. The licensee may renew a freshwater fishing guide permit if the licensee:</text> <level label="1"> <text>Otherwise is entitled to hold the license;</text> </level> <level label="2"> <text>Submits to the Department a renewal application on the form that the Department requires; and</text> </level> <level label="3"> <text>Submits to the Department the annual license application fee under subsection (b) of this section.</text> </level> </level> <level label="d"> <text>All fees collected by the Department pursuant to this section shall be used for monitoring the freshwater fishery, including the capture and tagging of black bass in order to develop information and methods to sustain a healthy black bass population.</text> </level> <level label="e"> <text>The Department may issue a freshwater fishing guide license which shall be valid for a term established by the Department in regulation.</text> </level> <level label="f"> <text>The freshwater fishing guide license is not valid in tidal waters except for the following designated areas:</text> <level label="1"> <text>In the upper Chesapeake Bay upstream of a line from Sandy Point to Turkey Point;</text> </level> <level label="2"> <text>In the Elk River upstream of a line from Turkey Point to the State launching ramp at Pearce Creek;</text> </level> <level label="3"> <text>In the Pond Creek upstream of a line connecting the two unnamed points at the entrance to the creek;</text> </level> <level label="4"> <text>In the Sassafras River upstream of a line from Grove Point to Howell Point;</text> </level> <level label="5"> <text>In the Still Pond Creek upstream of a line from Meeks Point to Rocky Point;</text> </level> <level label="6"> <text>In the Worton Creek upstream of a line from the point at Copeland to Handys Point;</text> </level> <level label="7"> <text>In the Fairlee Creek upstream of a line across the entrance of the creek;</text> </level> <level label="8"> <level label="i"> <text>In the Chester River upstream of a line from Spaniard Point to Nichols Point;</text> </level> <level label="ii"> <text>In the Corsica River, a tributary of the Chester River, upstream of a line from Spaniard Point to Holton Point;</text> </level> <level label="iii"> <text>In the Langford Creek, a tributary of the Chester River, upstream of a line from Nichols Point to Grays Inn Point;</text> </level> <level label="iv"> <text>In the Grays Inn Creek, a tributary of the Chester River upstream from Grays Inn Point to Little Gum Point;</text> </level> </level> <level label="9"> <text>In the Choptank River upstream of the Dover Bridge on Route 331;</text> </level> <level label="10"> <text>In the Blackwater River upstream of a line from the lower point of Snake Island to the southernmost point on the opposite shore;</text> </level> <level label="11"> <text>In the Transquaking River upstream of a line from Alabaster Point running magnetic north to the opposite shore;</text> </level> <level label="12"> <text>In the Nanticoke River upstream of a line from Long Point to Runaway Point;</text> </level> <level label="13"> <text>In the Wicomico River upstream of the Whitehaven ferry crossing;</text> </level> <level label="14"> <text>In the Pocomoke River upstream of the landing at Rehobeth;</text> </level> <level label="15"> <level label="i"> <text>In the Maryland tributaries of the Potomac River above the Route 301 bridge; and</text> </level> <level label="ii"> <text>In the Wicomico River, a tributary of the Potomac River, upstream of a line from Mills Point in a westerly direction to the northernmost point at the entrance to Dolly Boarmans Creek;</text> </level> </level> <level label="16"> <level label="i"> <text>In the Patuxent River upstream of the overhead power lines north of Gods Grace Point;</text> </level> <level label="ii"> <text>In the Swanson Creek, a tributary of the Patuxent River, upstream of a line from Teague Point to Chalk Point;</text> </level> </level> <level label="17"> <text>In the Patapsco River upstream of the Hanover Street crossing parallel to the Potee Street crossing;</text> </level> <level label="18"> <text>In the Back River upstream of a line from Cuckhold Point to Rocky Point;</text> </level> <level label="19"> <text>In the Middle River upstream of a line from Booby Point to Bowley Bar Point;</text> </level> <level label="20"> <text>In the Seneca Creek upstream of a line from Bowley Bar Point to Lowen Point;</text> </level> <level label="21"> <text>In the Gunpowder River upstream of a line from Weir Point to Rickett Point; and</text> </level> <level label="22"> <text>In the Bush River upstream of a line from Abbey Point to Sandy Point.</text> </level> </level> <level label="g"> <level label="1"> <text>A recreational angler under the guidance of a freshwater fishing guide in tidal waters may not:</text> <level label="i"> <text>Possess the species of fish known as striped bass or rockfish; or</text> </level> <level label="ii"> <text>From March 1 through May 31, catch or attempt to catch striped bass in spawning areas and rivers.</text> </level> </level> <level label="2"> <text>For the purposes of paragraph (1)(ii) of this subsection, spawning areas and rivers include everything north of a line from Abbey Point to Worton Point, including the Sassafras River, Bohemia River, Elk River, Northeast River, Susquehanna River, Susquehanna Flats, and the Chesapeake and Delaware Canal.</text> </level> </level> <level label="h"> <text>An applicant for a freshwater fishing license that will be used in tidal waters must demonstrate to the Department that the applicant has obtained the appropriate federal licenses.</text> </level> <level label="i"> <text>The Department shall adopt regulations necessary to implement this section including regulations that:</text> <level label="1"> <text>Prohibit a person from furnishing any service as a fishing guide that requires operating a boat or vessel as part of that service without complying with appropriate federal regulations governing the operation of a vessel carrying passengers for hire;</text> </level> <level label="2"> <text>Limit to 150 the number of freshwater fishing guide licenses that will be issued annually that allow a person to operate in nontidal freshwater and tidal water areas designated in subsection (f) of this section;</text> </level> <level label="3"> <text>Allocate not more than 20% to nonresidents of the 150 freshwater fishing guide licenses that allow a person to operate in nontidal freshwater and tidal areas designated in subsection (f) of this section; and</text> </level> <level label="4"> <text>Establish provisions for maintaining a waiting list for applicants in excess of the maximum number of fishing guide licenses that allow a person to operate in nontidal freshwater and tidal areas designated in subsection (f) of this section.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-210.2" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>In this section, “permit” means a Maryland Provisional Chesapeake Bay Charter Boat Permit.</text> </level> <level label="b"> <text>The Department shall establish a Maryland Provisional Chesapeake Bay Charter Boat Permit.</text> </level> <level label="c"> <text>The Department may issue a permit if the person:</text> <level label="1"> <text>Is licensed by Virginia to operate a charter boat in its jurisdictional tidal waters; and</text> </level> <level label="2"> <text>Provides the Department with documentation of fishing activity for 2001 and 2002 based upon licensing and reporting requirements of the Virginia Marine Resources Commission.</text> </level> </level> <level label="d"> <text>A permit issued by the Department:</text> <level label="1"> <text>Is valid only for an authorized person operating a vessel for charter fishing trips originating from the tidal waters of Virginia; and</text> </level> <level label="2"> <text>Is nontransferable.</text> </level> </level> <level label="e"> <text>A person in possession of a permit is not required to possess a Maryland commercial fishing guide license under § 4-210 of this subtitle to operate a charter boat in tidal waters of the Chesapeake Bay in Maryland.</text> </level> <level label="f"> <text>A person operating a charter boat under the provisions of this section shall have all appropriate federal and State licenses and the required permit in possession whenever operating a charter boat.</text> </level> <level label="g"> <text>The holder of a permit issued under this section is subject to the penalties under Subtitle 12 of this title.</text> </level> <level label="h"> <text>The Department may adopt regulations necessary to implement this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-211" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <level label="1"> <text>Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, any person who desires to commercially practice the art of taxidermy or who desires to mount or preserve any species of finfish for a person other than himself first shall obtain a taxidermist and fur–tanning license.</text> </level> <level label="2"> <text>A taxidermist and fur–tanning license also shall permit the holder:</text> <level label="i"> <text>To mount, preserve, or tan any species of wildlife legally acquired; and</text> </level> <level label="ii"> <text>Except as provided in paragraph (3) of this subsection, with the written approval of the Department for each specimen, to sell or dispose of any tanned, cured, or mounted specimen legally acquired but unclaimed by the customer within 30 days after written notice to the customer by certified mail.</text> </level> </level> <level label="3"> <text>A license holder may not sell or dispose of any tanned, cured, or mounted specimen that is not permitted to be fished in the State.</text> </level> </level> <level label="b"> <level label="1"> <text>A person desiring a taxidermist and fur-tanning license shall:</text> <level label="i"> <text>Apply on forms the Secretary supplies;</text> </level> <level label="ii"> <text>Pay a $50 annual license fee; and</text> </level> <level label="iii"> <text>Provide recent work samples for examination by the Department.</text> </level> </level> <level label="2"> <text>Upon receipt of the application and license fee, and examination of work samples, the Secretary may issue the license permitting the practice of taxidermy or fur-tanning, as provided in the license, if the work samples meet minimum professional standards, as determined by the Department.</text> </level> </level> <level label="c"> <text>A taxidermist and fur-tanning license:</text> <level label="1"> <text>Shall expire on June 30 following the date of issuance; and</text> </level> <level label="2"> <text>May be renewed by providing information on forms the Secretary supplies and paying the $50 annual license fee.</text> </level> </level> <level label="d"> <text>Each taxidermist or fur-tanner shall keep a ledger on a form provided by the Department indicating the name, address, telephone number, and current angling or fishing license number of each person, from whom finfish were purchased or received within or outside the State, the date of purchase or receipt and the quantity of each species of finfish purchased or received and the date the species was delivered or returned to the customer. The ledger shall indicate the country, state, and county or political subdivision in which the finfish were caught, along with the date the finfish were caught and identify any appropriate official possession tag or bill of sale. The tag or bill of sale shall be attached to the finfish. The licensee must also include in the ledger the same information with regard to any finfish caught by the licensee. The ledger shall cover all transactions from date of issuance of the taxidermist and fur-tanner’s license until date of expiration and shall be kept up-to-date. In addition to any other penalty provided by this subtitle, any person failing to maintain or keep up-to-date a ledger required by this subsection or making false entries may have his license revoked for a period not to exceed 5 years.</text> </level> <level label="e"> <text>The licensee shall allow any Natural Resources police officer or any law enforcement officer to enter at all reasonable hours for the following purposes:</text> <level label="1"> <text>To inspect the premises and holding facilities where operations are being carried on;</text> </level> <level label="2"> <text>To inspect finfish; and</text> </level> <level label="3"> <text>To inspect records.</text> </level> </level> <level label="f"> <text>In addition to any other penalty provided by the provisions of this title, any person convicted of violating any provision of this subtitle shall be fined $5 for each specimen of finfish or any part of them mounted or possessed for mounting.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-212" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>Any properly accredited person of known scientific attainment desiring to collect fish, fish eggs, shellfish, or aquatic invertebrates from the wild for scientific or educational purposes shall first obtain a scientific collection permit from the Secretary.</text> </level> <level label="b"> <text>The Secretary may issue a scientific collection permit, on the payment of a reasonable fee established by the Department in regulation, to any properly accredited person who has demonstrated a legitimate scientific or educational need for the requested species and submitted an application on a form provided by the Department.</text> </level> <level label="c"> <text>The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.</text> </level> <level label="d"> <text>The permit:</text> <level label="1"> <text>Shall expire December 31 of the issuing year; and</text> </level> <level label="2"> <text>May not be transferred to another person.</text> </level> </level> <level label="e"> <text>The permit may become void on proof that the permittee has:</text> <level label="1"> <text>Violated any provision of the permit;</text> </level> <level label="2"> <text>Captured or killed any fish, fish eggs, shellfish, or aquatic invertebrates in violation of the terms and conditions of the permit;</text> </level> <level label="3"> <text>Taken any nests or eggs for other than scientific or educational purposes; or</text> </level> <level label="4"> <text>Taken or possessed any fish, fish eggs, shellfish, or aquatic invertebrates not authorized by the permit.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-213" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>In this section, “submerged aquatic vegetation” means a vascular or nonvascular hydrophyte, which is rooted or unrooted, that lies entirely beneath the surface of the water, except for flowering parts in some species.</text> </level> <level label="b"> <text>This section does not apply to activities involved in:</text> <level label="1"> <text>The harvesting of fish, shellfish, or crabs; or</text> </level> <level label="2"> <text>The construction, operation, and maintenance of agricultural drainage channels.</text> </level> </level> <level label="c"> <text>Except as provided in this section, before a person may trim, harvest, cut, or otherwise remove or eradicate submerged aquatic vegetation from any land under the tidal waters of the State below the mean high tide, the person shall submit to the Department for approval a description of:</text> <level label="1"> <text>Why the alteration or removal of submerged aquatic vegetation is necessary;</text> </level> <level label="2"> <text>The proposed method of alteration or removal;</text> </level> <level label="3"> <text>A plan showing the site at which the activity is proposed; and</text> </level> <level label="4"> <text>The extent of submerged aquatic vegetation to be altered or removed.</text> </level> </level> <level label="d"> <level label="1"> <level label="i"> <text>To allow ample access to their property from a navigable channel, a person who owns or rents a pier, dock, or ramp on the tidal waters of the State may trim or cut submerged aquatic vegetation in a strip up to 20 feet wide extending from the pier, dock, or ramp to the navigable channel without the approval of the Department.</text> </level> <level label="ii"> <text>A person who owns or rents any marina on the tidal waters of the State or the agent of the person may trim or cut submerged aquatic vegetation in a strip up to 20 feet wide extending from each individual boat slip to the common points of ingress and egress of the navigable channels servicing the marina without the approval of the Department.</text> </level> <level label="iii"> <level label="1"> <text>Except as provided in subsubparagraph 2 of this subparagraph, a public utility company or telecommunications carrier may trim, harvest, cut, or otherwise remove or eradicate submerged aquatic vegetation in a strip up to 20 feet wide in order to maintain utility crossings in the waters of the State without the approval of the Department.</text> </level> <level label="2"> <text>There is no limitation to a 20 foot wide strip for a utility company or telecommunications carrier when:</text> </level> <level label="A"> <text>Performing an emergency investigation; or</text> </level> <level label="B"> <text>Performing repair work.</text> </level> </level> </level> <level label="2"> <text>Notwithstanding paragraph (1) of this subsection, before a person trims, harvests, cuts, or otherwise removes or eradicates submerged aquatic vegetation under this subsection, the person shall:</text> <level label="i"> <text>Contact the Department for information on best harvesting methods;</text> </level> <level label="ii"> <text>Use best harvesting methods; and</text> </level> <level label="iii"> <text>Provide the Department with the:</text> <level label="1"> <text>Location of the submerged aquatic vegetation that will be altered or removed; and</text> </level> <level label="2"> <text>Date on which the alteration or removal will occur.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>This paragraph does not apply to:</text> <level label="1"> <text>Any person who has a national pollution discharge elimination system permit; or</text> </level> <level label="2"> <text>Any publicly or privately owned sewage treatment plant.</text> </level> </level> <level label="ii"> <text>A person may not use any chemical to trim, harvest, cut, or otherwise remove or eradicate submerged aquatic vegetation under this subsection.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>Except as provided in subsection (d) of this section, the Department may authorize or prohibit the removal or eradication of any species of submerged aquatic vegetation or combination thereof for any purpose, including facilitation of boating access.</text> </level> <level label="2"> <text>If a plan is approved, the Department may prescribe the time, method, and extent of the removal or eradication to:</text> <level label="i"> <text>Control the effect of the removal or eradication on water quality; or</text> </level> <level label="ii"> <text>Protect the growth and proliferation of fish and aquatic grasses.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>The Secretary may adopt regulations to administer this section.</text> </level> <level label="2"> <text>As part of the regulations, the Secretary may authorize specific categories of removal of submerged aquatic vegetation.</text> </level> </level> <level label="g"> <level label="1"> <text>Except as otherwise provided in this section, a person may trim, harvest, cut, or otherwise remove or eradicate submerged aquatic vegetation from any land under the tidal waters of the State below mean high tide only in accordance with a plan approved by the Department.</text> </level> <level label="2"> <text>The plan under this subsection shall include the following requirements:</text> <level label="i"> <text>The name, address, and telephone number of the person making the request;</text> </level> <level label="ii"> <text>A written description by the person making the request of the reasons why it is necessary to alter or remove the submerged aquatic vegetation;</text> </level> <level label="iii"> <text>The proposed method to alter or remove the submerged aquatic vegetation; and</text> </level> <level label="iv"> <text>A diagram showing the location and extent of the submerged aquatic vegetation that is proposed to be altered or removed.</text> </level> </level> </level> <level label="h"> <text>The authorization required by this section is in addition to any other permit or license required by law.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-214" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>By regulation, the Secretary may establish up to 3 free fishing days each calendar year when a person may catch finfish in the tidal and nontidal waters of the State for recreational purposes without an angler’s license or Chesapeake Bay and coastal sport fishing license.</text> </level> <level label="b"> <text>By regulation, the Secretary may establish free fishing areas where a person may catch finfish for recreational purposes in:</text> <level label="1"> <text>Tidal waters of the State without a Chesapeake Bay and coastal sport fishing license, provided the person is registered with the Department under § 4–745 of this title; and</text> </level> <level label="2"> <text>Nontidal waters of the State without an angler’s license or a trout stamp.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-215" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Conservation and management measures” means 1 or more techniques through which the objectives of a fishery management plan are achieved.</text> </level> <level label="3"> <text>“Fishery” or “fishery resource” means:</text> <level label="i"> <text>One or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographic, scientific, technical, recreational, and economic characteristics; or</text> </level> <level label="ii"> <text>The group or industry harvesting those stocks.</text> </level> </level> <level label="4"> <text>“Fishery management” means the system used to conserve and allocate the fishery resource, including research and data collection, determination of objectives and management measures, and establishment, enforcement, and periodic evaluation of regulations.</text> </level> <level label="5"> <text>“Fishery management plan” means a systematic description of a given fishery or fisheries and the objectives and conservation and management measures for the fishery or fisheries.</text> </level> <level label="6"> <text>“Supplement” means a Maryland–specific supplement prepared under subsection (b) of this section.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department shall prepare fishery management plans for the following species:</text> <level label="i"> <text>White perch;</text> </level> <level label="ii"> <text>Yellow perch;</text> </level> <level label="iii"> <text>Oysters;</text> </level> <level label="iv"> <text>Blue crabs;</text> </level> <level label="v"> <text>Hard shell clams;</text> </level> <level label="vi"> <text>Catfish; and</text> </level> <level label="vii"> <text>Cownose ray.</text> </level> </level> <level label="2"> <text>For species of fish that have an Atlantic States Marine Fisheries Commission fishery management plan, as authorized under § 4–301 of this title, or a federal Regional Fishery Management Council fishery management plan, the Department:</text> <level label="i"> <text>Shall manage those species in accordance with those plans and any supplements to those plans;</text> </level> <level label="ii"> <text>May implement conservation and management measures in accordance with those plans;</text> </level> <level label="iii"> <text>May prepare a Maryland–specific supplement to those plans if, after consultation with the Tidal Fisheries Advisory Commission, Sport Fisheries Advisory Commission, and any other appropriate advisory bodies created under this title, the Department determines that imposing more restrictive measures is necessary to conserve the fishery;</text> </level> <level label="iv"> <text>May implement conservation and management measures in accordance with a supplement adopted under this section; and</text> </level> <level label="v"> <text>May manage those species in accordance with a fishery management plan prepared by the Department in accordance with subsection (c) of this section.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The Department may prepare fishery management plans for any species of fish if, after consultation with the Tidal Fisheries Advisory Commission, the Sport Fisheries Advisory Commission, and any other appropriate advisory bodies created under this title, the Department determines that the plans are necessary based on:</text> <level label="i"> <text>Lack of management by the Atlantic States Marine Fisheries Commission or a federal Regional Fishery Management Council;</text> </level> <level label="ii"> <text>The population of the species;</text> </level> <level label="iii"> <text>The distribution of the species;</text> </level> <level label="iv"> <text>The habitat needs of the species; or</text> </level> <level label="v"> <text>Other biological, ecological, climatological, or socioeconomic factors concerning the species or Chesapeake Bay region.</text> </level> </level> <level label="2"> <text>A fishery management plan may include:</text> <level label="i"> <text>Proposed limitations on the catch of fish, based on area, species, size, number, weight, sex, incidental catch, total biomass, or other factors that are necessary and appropriate for conservation and management of a fishery;</text> </level> <level label="ii"> <text>Incorporation of relevant fishery conservation and management measures proposed or adopted by interstate bodies of which Maryland is a member; and</text> </level> <level label="iii"> <text>Other proposed measures, requirements, or conditions and restrictions that are necessary and appropriate for fishery management.</text> </level> </level> <level label="3"> <level label="i"> <text>The Department may implement conservation and management measures in accordance with a fishery management plan adopted under this section.</text> </level> <level label="ii"> <text>Conservation and management measures implemented under a fishery management plan, to the extent possible:</text> <level label="1"> <text>Shall prevent overfishing while attempting to achieve the best and most efficient utilization of the State’s fishery resources;</text> </level> <level label="2"> <text>Shall be based on the best information available;</text> </level> <level label="3"> <text>May not discriminate unfairly among groups of commercial and recreational fishing participants, including individuals licensed to guide fishing parties and charter boat captains, or have economic allocation as its sole purpose;</text> </level> <level label="4"> <text>Shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches;</text> </level> <level label="5"> <text>Shall avoid duplication of regulatory efforts and unnecessary costs to the State and to any other person; and</text> </level> <level label="6"> <text>Shall take into account changes in environmental factors, including climatological factors.</text> </level> </level> </level> <level label="4"> <text>If it becomes necessary to allocate or assign fishing privileges among various groups of individuals under paragraph (3)(ii)3 of this subsection, or under any fishery management plan, that allocation shall be:</text> <level label="i"> <text>Fair and equitable to all individuals;</text> </level> <level label="ii"> <text>Reasonably calculated to promote conservation; and</text> </level> <level label="iii"> <text>Carried out in such a manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.</text> </level> </level> <level label="5"> <text>Subject to any applicable supplement and except as provided in paragraph (6) of this subsection, a fishery management plan may apply separately or jointly to the waters of the Chesapeake Bay and its tidal tributaries, the coastal bays and their tributaries, and the Maryland waters of the Atlantic Ocean and shall include:</text> <level label="i"> <text>The best available estimates of sustainable harvest rates;</text> </level> <level label="ii"> <text>Indicators that would trigger any tightening or loosening of harvest restrictions;</text> </level> <level label="iii"> <text>A description of the fishery, including:</text> <level label="1"> <text>The history of the fishery, and its current condition relative to historic populations;</text> </level> <level label="2"> <text>The numbers of potential commercial fishing participants, including individuals licensed to guide fishing parties and charter boat captains, and recreational fishing participants projected to participate in the fishery;</text> </level> <level label="3"> <text>The type and quantity of fishing gear used commercially;</text> </level> <level label="4"> <text>Where practicable, the cost likely to be incurred in the management of the fishery; and</text> </level> <level label="5"> <text>The actual and potential revenues from the recreational and commercial fishery;</text> </level> </level> <level label="iv"> <text>If the Department determines that a fishery has been, or is currently, overfished:</text> <level label="1"> <text>A species–specific time period for:</text> </level> <level label="A"> <text>Ending or appropriately addressing overfishing; and</text> </level> <level label="B"> <text>Rebuilding the stock of the species to a sustainable level; and</text> </level> <level label="2"> <text>A description of:</text> </level> <level label="A"> <text>Management strategies that have a high probability of reducing fishing to a target level within a target time period, as determined by the Department; and</text> </level> <level label="B"> <text>The appropriate assignment or allocation of fishing privileges in accordance with paragraph (4) of this subsection; and</text> </level> </level> <level label="v"> <text>Other pertinent data that will assist the Secretary in determining conservation and management measures reasonably necessary to ensure that the fishery resources will be sustained.</text> </level> </level> <level label="6"> <text>The Department may waive the requirements in paragraph (5)(iv) of this subsection for a species of fish if the Department determines that meeting the requirements is not practicable or biologically appropriate based on:</text> <level label="i"> <text>The specific biology of the species;</text> </level> <level label="ii"> <text>The management of the species under a federal or multi–state fishery management plan;</text> </level> <level label="iii"> <text>The designation of the species as a nuisance;</text> </level> <level label="iv"> <text>Environmental conditions; or</text> </level> <level label="v"> <text>Other ecological factors.</text> </level> </level> </level> <level label="d"> <level label="1"> <level label="i"> <text>The Department shall:</text> <level label="1"> <text>In coordination with the University of Maryland Center for Environmental Science and the Oyster Advisory Commission, develop a package of consensus recommendations for enhancing and implementing the fishery management plan for oysters that will be informed by a collaboratively developed, science–based modeling tool to quantify the long–term impacts of identified management actions and possible combinations of management actions on:</text> </level> <level label="A"> <text>Oyster abundance;</text> </level> <level label="B"> <text>Oyster habitat;</text> </level> <level label="C"> <text>Oyster harvest;</text> </level> <level label="D"> <text>Oyster harvest revenue; and</text> </level> <level label="E"> <text>Nitrogen removal; and</text> </level> <level label="2"> <text>Hold public listening sessions throughout the State to identify possible management actions for use in the public oyster fishery.</text> </level> </level> <level label="ii"> <text>The Oyster Advisory Commission, with the assistance of external conflict resolution and facilitation specialists, shall:</text> <level label="1"> <text>Develop a package of consensus recommendations through a facilitated consensus solutions process, based on a 75% majority agreement level for each recommendation;</text> </level> <level label="2"> <text>Recommend management actions or combinations of management actions to achieve the targets identified in the oyster stock assessment with the goal of increasing oyster abundance; and</text> </level> <level label="3"> <text>Review model results for each management action or combination of management actions to inform its recommendations.</text> </level> </level> <level label="iii"> <level label="1"> <text>The Department shall submit interim reports on the development of the package of consensus recommendations by August 1, 2020, December 1, 2020, and August 1, 2021, to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.</text> </level> <level label="2"> <text>In addition to the requirements under subsubparagraph 1 of this subparagraph, the Department shall include in the interim report submitted by August 1, 2021:</text> </level> <level label="A"> <text>The status of the development of the science–based modeling tool used to quantify the long–term impacts of identified management actions; and</text> </level> <level label="B"> <text>A summary of the model results of any actions identified by the Oyster Advisory Commission on or before the date of the interim report.</text> </level> <level label="3"> <text>The Department shall provide a final report by December 1, 2021, which will include an implementation schedule for the consensus recommendations, to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.</text> </level> </level> <level label="iv"> <text>To be responsive to changes in the oyster resource due to environmental conditions, the Department shall:</text> <level label="1"> <text>Review the status of the stock relative to reference points every 2 years and conduct a benchmark stock assessment every 6 years with consideration of new methods and with external peer review; and</text> </level> <level label="2"> <text>With the input of interested stakeholders, implement management actions that increase oyster habitat, maintain harvest, and grow the oyster stock.</text> </level> </level> </level> <level label="2"> <text>The fishery management plan developed in accordance with paragraph (1) of this subsection shall:</text> <level label="i"> <text>End the overfishing of oysters in all areas and regions of the Chesapeake Bay and its tributaries where overfishing has occurred according to biological reference points established by the most recent oyster stock assessment while maintaining a harvest in the fishery;</text> </level> <level label="ii"> <text>Achieve fishing mortality rates at target levels;</text> </level> <level label="iii"> <text>Increase oyster abundance;</text> </level> <level label="iv"> <text>Increase oyster habitat; and</text> </level> <level label="v"> <text>Facilitate the long–term sustainable harvest of oysters, including the public fishery.</text> </level> </level> </level> <level label="e"> <text>The Department shall present the management plans and supplements under this section in the form of an annual report, subject to § 2–1257 of the State Government Article, to:</text> <level label="1"> <text>The Legislative Policy Committee;</text> </level> <level label="2"> <text>The Senate Committee on Education, Energy, and the Environment; and</text> </level> <level label="3"> <text>The Environment and Transportation Committee.</text> </level> </level> <level label="f"> <level label="1"> <level label="i"> <text>The Department:</text> <level label="1"> <text>Shall adopt by regulation:</text> </level> <level label="A"> <text>A fishery management plan prepared by the Department under this section; and</text> </level> <level label="B"> <text>A supplement prepared by the Department under this section; and</text> </level> <level label="2"> <text>May adopt conservation and management measures by regulation for:</text> </level> <level label="A"> <text>An Atlantic States Marine Fisheries Commission fishery management plan;</text> </level> <level label="B"> <text>A federal Regional Fishery Management Council fishery management plan;</text> </level> <level label="C"> <text>A fishery management plan prepared and adopted by the Department under this section; and</text> </level> <level label="D"> <text>A supplement prepared and adopted by the Department under this section.</text> </level> </level> <level label="ii"> <level label="1"> <text>The Secretary may adopt conservation and management measures in separate proceedings and by separate regulations.</text> </level> <level label="2"> <text>Conservation and management measures adopted separately may include changes to those proposed or adopted in a fishery management plan or supplement and any additional measures necessary to carry out the adopted plan or supplement.</text> </level> </level> <level label="iii"> <text>The Secretary may not prohibit the use of pound net sites in the coastal bays that are registered with the Department as of January 1, 2000.</text> </level> </level> <level label="2"> <level label="i"> <text>The regulations of the Department to implement a fisheries management plan for the coastal bays may not become effective under this section until the Department first holds a public hearing.</text> </level> <level label="ii"> <text>The public hearing required under subparagraph (i) of this paragraph may be held in person in Worcester County or, in whole or in part, remotely by electronic means.</text> </level> </level> <level label="3"> <text>All notices of public hearings required for the adoption of regulations under this section shall be printed in the Maryland Register and further publicized so as to provide reasonable notice to the affected communities of commercial fishing participants, including individuals licensed to guide fishing parties and charter boat captains, and recreational fishing participants and the public.</text> </level> </level> <level label="g"> <text>Notwithstanding any other provision of this title, except § 4–1002 of this title, once a fishery management plan or supplement has been adopted by regulation, the State’s fishery resources shall be harvested in accordance with the conservation and management measures in the fishery management plan or supplement and any regulations implementing or amending that plan or supplement.</text> </level> <level label="h"> <text>The provisions of this section do not apply to aquaculture activities in nontidal ponds, lakes, or impoundments in the State.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-215.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>The provisions of this section do not apply if:</text> <level label="1"> <text>The Department of the Environment has determined that it is necessary to close an area of State waters to finfishing for the protection of the public health and safety;</text> </level> <level label="2"> <text>An abatement or a summary abatement of a state of nuisance is necessary under § 4-205.1 of this subtitle; or</text> </level> <level label="3"> <text>The Department closes an area of State waters:</text> <level label="i"> <text>For the stocking of coldwater trout; or</text> </level> <level label="ii"> <text>In order to provide a security zone adjacent to a production hatchery.</text> </level> </level> </level> <level label="b"> <text>The Department may completely close an area of State waters to all finfishing if the Department:</text> <level label="1"> <text>In a written report made available to the general public:</text> <level label="i"> <text>Makes a finding that the closure is necessary, after due consideration of:</text> <level label="1"> <text>The scientific basis for the closure;</text> </level> <level label="2"> <text>The purpose of the closure;</text> </level> <level label="3"> <text>The rationale for the selection of the specific area to be closed;</text> </level> <level label="4"> <text>The sufficiency of the area closed to generate the benefits projected; and</text> </level> <level label="5"> <text>The likelihood that the same objective could be effectively accomplished through the use of alternative management measures; and</text> </level> </level> <level label="ii"> <text>Develops protocols and a reporting timeline to monitor and evaluate the effectiveness of the closure; and</text> </level> </level> <level label="2"> <text>Holds at least one public hearing in accordance with the requirements under subsection (d) of this section.</text> </level> </level> <level label="c"> <text>The reporting timeline required under subsection (b)(1)(ii) of this section shall provide for a written report as often as appropriate under the circumstances but at least as often as every 3 years from the date of closure.</text> </level> <level label="d"> <level label="1"> <text>For 2 successive weeks in advance of a public hearing required under subsection (b)(2) of this section, the Department shall:</text> <level label="i"> <text>Post a notice of the date, time, place, and purpose of the hearing in a prominent position on the Department’s official Internet website; and</text> </level> <level label="ii"> <text>Advertise the date, time, place, and purpose of the hearing in at least:</text> <level label="1"> <text>One newspaper of general daily circulation in the State; and</text> </level> <level label="2"> <text>One newspaper circulated in the affected region of each county in which waters may be directly affected by the proposed closure.</text> </level> </level> </level> <level label="2"> <text>At least 15 days before the public hearing, the Department shall make available to the general public the report required under subsection (b)(1) of this section.</text> </level> </level> <level label="e"> <text>Following a closure of State waters under this section, in a written report made available to the general public and in accordance with the reporting timeline established under subsection (b)(1)(ii) of this section, the Department shall:</text> <level label="1"> <text>Based on the protocols adopted under subsection (b)(1)(ii) of this section, evaluate the effectiveness of the closure in accomplishing its overall management objectives; and</text> </level> <level label="2"> <text>Determine what, if any, management modifications would be appropriate, including the reopening of the closed area.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-215.2" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>On or before January 1, 2008, the Department shall adopt regulations that:</text> <level label="1"> <text>Provide a management strategy for yellow perch that enables yellow perch to migrate to historical spawning rivers and streams before spawning; and</text> </level> <level label="2"> <text>Equitably allocate harvests of yellow perch between recreational and commercial harvesters.</text> </level> </level> <level label="b"> <text>The management strategy adopted under subsection (a) of this section shall be based on objectives and management measures that are developed in consultation with stakeholder organizations and the advisory commissions established under § 4–204 of this subtitle.</text> </level> <level label="c"> <text>The Department shall incorporate the objectives and management measures developed under subsection (b) of this section into the fishery management plan for yellow perch established under § 4–215 of this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-215.3" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>The General Assembly finds that robust fishing resources are critical to the economy of the State and vital to a treasured heritage and way of life.</text> </level> <level label="b"> <text>The General Assembly intends that the Department shall manage the fisheries under § 4–215 of this subtitle to optimize the yield of fishery resources for the benefit of all citizens of the State.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-216" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>The Department shall establish a resident consolidated senior sport fishing license, to be issued to residents of Maryland beginning in the calendar year in which they attain the age of 65.</text> </level> <level label="b"> <level label="1"> <text>The resident consolidated senior sport fishing license may be obtained from the Department or from any authorized agent of the Department.</text> </level> <level label="2"> <text>The annual fee for the license is $12.</text> </level> <level label="3"> <text>As compensation, an agent shall retain 50 cents for each license issued.</text> </level> </level> <level label="c"> <text>A resident consolidated senior sport fishing license shall be valid for 1 year following the date of issuance.</text> </level> <level label="d"> <text>A holder of a resident consolidated senior sport fishing license may:</text> <level label="1"> <text>Engage in angling on the nontidal waters of the State without holding an angler’s license under § 4–604 of this title; and</text> </level> <level label="2"> <text>Fish for finfish in the Chesapeake Bay and its tributaries or in the State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries without holding a Chesapeake Bay and coastal sport fishing license under § 4–745 of this title.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-217" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <level label="1"> <text>The Department may issue a 1–day license exemption to a nonprofit organization to take individuals with physical or mental disabilities fishing from shore in the tidal or nontidal waters of the State.</text> </level> <level label="2"> <text>The primary caregiver or representative of the organization attending to the disabled individuals is included in the license exemption under this subsection.</text> </level> <level label="3"> <text>Application for a license exemption for an organization attending to disabled individuals shall state the location, time, and day of the event and the number of individuals covered by the exemption.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department may issue an annual license exemption to a governmental entity or a nonprofit organization to:</text> <level label="i"> <text>Take individuals with physical or mental disabilities who are veterans or active service members fishing in the tidal or nontidal waters of the State; or</text> </level> <level label="ii"> <text>Provide fishing clinics and instructional opportunities to:</text> <level label="1"> <text>Individuals who are veterans or active service members;</text> </level> <level label="2"> <text>Individuals who are participating in a physical or mental wellness outdoor event;</text> </level> <level label="3"> <text>Individuals who are participating in a special needs outdoor event;</text> </level> <level label="4"> <text>Individuals who are acting under the authority of a scientific collection permit issued under § 4–212 of this subtitle; or</text> </level> <level label="5"> <text>Residents of the State who are underserved with respect to fishing opportunities, as determined by the Department in regulation.</text> </level> </level> </level> <level label="2"> <text>The primary caregiver or representative of the governmental entity or a nonprofit organization attending to or instructing an individual under this subsection is included in the license exemption.</text> </level> <level label="3"> <text>An application for a license exemption for a governmental entity or a nonprofit organization attending to or instructing an individual under this subsection shall be made on a form provided by the Department.</text> </level> <level label="4"> <text>A governmental entity or a nonprofit organization with an exemption under this subsection shall submit a report to the Department by January 1 of the year following the exemption period that provides certain event and participant information as required by the Department.</text> </level> </level> <level label="c"> <text>The primary caregiver or representative of the governmental entity or nonprofit organization exempted under subsection (a) or (b) of this section shall have in possession the letter of exemption from the Director of the Fisheries Service while the organization is engaged in fishing activity.</text> </level> <level label="d"> <text>An individual covered under a license exemption under subsection (a) or (b) of this section may:</text> <level label="1"> <text>Engage in angling on the nontidal waters of the State without holding an angler’s license under § 4–604 of this title;</text> </level> <level label="2"> <text>Engage in angling for trout on the nontidal waters of the State without holding a trout stamp under § 4–614 of this title; and</text> </level> <level label="3"> <text>Fish for finfish in the Chesapeake Bay and its tributaries or in the State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries without holding a Chesapeake Bay and coastal sport fishing license under § 4–745 of this title.</text> </level> </level> <level label="e"> <text>An angler’s license is not required of the following:</text> <level label="1"> <text>A patient who is under treatment by a State–approved mental health facility and an individual who attends or resides in a State–approved facility for developmentally disabled individuals; or</text> </level> <level label="2"> <text>A caregiver, family member, or designee of a mental health care facility or private group home of a patient who is under treatment by a State–approved mental health facility, if:</text> <level label="i"> <text>The administrator of the mental health care facility, or treating physician or psychologist provides the Department with a letter stating that the caregiver or family member is the primary caretaker of the patient; or</text> </level> <level label="ii"> <text>The individual accompanying the patient carries a copy of the letter described under item (i) of this item, or a professional license or certificate of a health care professional involved in the care of the patient.</text> </level> </level> </level> <level label="f"> <text>The Department may adopt regulations to carry out this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-218" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <text>The Secretary may adopt rules and regulations to restrict, permit, or prohibit the catching, possessing, purchasing, transporting, or exporting of snapping turtles.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-219" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <text>The Department shall adopt regulations defining which species may be harvested, imported, transported, sold, or used as bait in the State.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-220" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>In addition to any other penalty provided by the provisions of this title, the Secretary may revoke or suspend any recreational license issued to any person under this title.</text> </level> <level label="b"> <text>The Secretary may adopt regulations that list the criteria for a suspension of a person’s entitlement to engage in an activity or activities that are licensed or permitted under this title.</text> </level> <level label="c"> <level label="1"> <text>During a period of suspension imposed by the Department, the person whose entitlement to engage in an activity or activities has been suspended may not engage in an activity for which the suspension was imposed.</text> </level> <level label="2"> <text>The following are grounds for an immediate suspension of a license issued under this title:</text> <level label="i"> <text>Knowingly making a false statement in an application;</text> </level> <level label="ii"> <text>Three convictions for violations occurring on separate days within any 3–year period of provisions under this title;</text> </level> <level label="iii"> <text>Failure to submit a report required under this title or by regulation; or</text> </level> <level label="iv"> <text>Failure of a nonresident of the State to appear in court in accordance with a citation issued by a Natural Resources police officer, or to any other process issued by any court of Maryland, for violation of this title.</text> </level> </level> <level label="3"> <text>A penalty imposed in accordance with this section is in addition to any other penalty authorized under § 4–1201 of this title regarding striped bass.</text> </level> <level label="4"> <text>The Department shall initiate any proceeding to suspend a license under this section not later than 6 months after the time for filing an appeal of the third conviction under paragraph (2)(ii) of this subsection has passed.</text> </level> <level label="5"> <level label="i"> <text>Before the suspension of a license under this section, the Department shall notify the licensee in writing of the licensee’s right to a hearing on request.</text> </level> <level label="ii"> <text>If a licensee submits a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed, the Department shall:</text> <level label="1"> <text>Hold a hearing after providing at least 10 days’ notice to the licensee; and</text> </level> <level label="2"> <text>Conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.</text> </level> </level> <level label="iii"> <text>The Department may suspend a recreational license issued under this title without a hearing if:</text> <level label="1"> <text>The licensee does not submit a written request for a hearing; or</text> </level> <level label="2"> <text>The licensee fails to appear for a scheduled hearing for which the Department provided notice.</text> </level> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-221" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>The authority provided by this section is in addition to any other authority of the Secretary provided by law.</text> </level> <level label="b"> <level label="1"> <text>Subject to paragraph (2) of this subsection, the Secretary, after consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, may adopt regulations to define and govern the use of:</text> <level label="i"> <text>Recreational fishing gear; and</text> </level> <level label="ii"> <text>The following types of commercial fishing gear:</text> <level label="1"> <text>Fish pots;</text> </level> <level label="2"> <text>Bank traps;</text> </level> <level label="3"> <text>Fyke nets;</text> </level> <level label="4"> <text>Hoop nets;</text> </level> <level label="5"> <text>Finfish trotlines; and</text> </level> <level label="6"> <text>Bowfishing gear.</text> </level> </level> </level> <level label="2"> <text>The Department shall consider relevant biological, ecological, and socioeconomic factors before adopting regulations under this subsection.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-222" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General"> <level label="a"> <text>The Department shall develop a mobile application for use by an individual while on the waters of the State.</text> </level> <level label="b"> <text>The purpose of the mobile application developed under this section is to use interactive maps to aid an individual who is on the waters of the State in determining the individual’s location, in real time, relative to:</text> <level label="1"> <text>Aquaculture leases;</text> </level> <level label="2"> <text>Demonstration leases;</text> </level> <level label="3"> <text>Registered pound net sites;</text> </level> <level label="4"> <text>Natural oyster bars;</text> </level> <level label="5"> <text>Oyster sanctuaries;</text> </level> <level label="6"> <text>Public shellfish fishery areas;</text> </level> <level label="7"> <text>SAV Protection Zones;</text> </level> <level label="8"> <text>Yates bars; or</text> </level> <level label="9"> <text>Any other areas that the Department deems relevant.</text> </level> </level> <level label="c"> <text>The Department may contract with a third party to develop the mobile application required under this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-01" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Conserve” means to use all methods and procedures for the purpose of increasing the number of individuals within species or populations up to the optimum carrying capacity of their habitat and maintaining these levels. These methods and procedures include all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, including the periodic or total protection of species or populations as well as regulated taking. With respect to endangered and threatened species, the term means to use all methods and procedures including those described above which are necessary to bring any endangered or threatened species to the point at which the measures provided for these species pursuant to this subtitle are no longer necessary except that regulated taking as a method and procedure shall be limited to the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved.</text> </level> <level label="c"> <text>“Ecosystem” means a system of living organisms and their environment, each influencing the existence of the other and necessary for the maintenance of life.</text> </level> <level label="d"> <text>“Endangered species” means any species whose continued existence as a viable component of the State’s fish resources is determined to be in jeopardy including any species of fish determined to be an “endangered species” pursuant to the Endangered Species Act.</text> </level> <level label="e"> <text>“Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat. 884.</text> </level> <level label="f"> <level label="1"> <text>“Fish” means finfish, crustaceans, mollusks, invertebrates, amphibians, and reptiles that spend the majority of their life cycle in water.</text> </level> <level label="2"> <text>“Fish” includes any part, egg, offspring, product, or dead body of any fish.</text> </level> </level> <level label="f–1"> <text>“Foreseeable future” means as far into the future as the Department can make reasonably reliable predictions, on a case–by–case basis, about the threats to a species of fish and the species’ response to those threats:</text> <level label="1"> <text>Using the best available data; and</text> </level> <level label="2"> <text>Taking into account considerations including:</text> <level label="i"> <text>The species’ life–history characteristics;</text> </level> <level label="ii"> <text>The projected time frame of the threat; and</text> </level> <level label="iii"> <text>Environmental variability.</text> </level> </level> </level> <level label="f–2"> <level label="1"> <text>“Harm” means an act that kills or injures any species of fish.</text> </level> <level label="2"> <text>“Harm” includes an act that significantly modifies or degrades a habitat, thereby killing or injuring any species of fish by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering.</text> </level> </level> <level label="g"> <text>“Optimum carrying capacity” means that point at which a given habitat can support healthy populations of fish species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.</text> </level> <level label="h"> <level label="1"> <text>“Species” includes any subspecies of fish and any other group of fish of the same species or smaller taxa in common spatial arrangement that interbreed when mature.</text> </level> <level label="2"> <text>“Species” does not include fish which are bred or raised in authorized aquaculture operations in nontidal ponds, lakes, or impoundments.</text> </level> </level> <level label="i"> <text>“Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.</text> </level> <level label="j"> <text>“Threatened species” means any species of fish which appears likely, within the foreseeable future, to become endangered, including any species of fish determined to be a “threatened species” pursuant to the Endangered Species Act.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-02" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <text>The General Assembly finds that: (1) It is the policy of this State to conserve species of fish for human enjoyment, for scientific purposes, and to insure their perpetuation as viable components of their ecosystems; (2) Species of fish normally occurring within the State which may be found to be threatened or endangered within the State should be accorded the protection necessary to maintain and enhance their numbers; (3) The State should assist in the protection of species of fish which are determined to be “threatened” or “endangered” elsewhere pursuant to the Endangered Species Act of 1973, 87 Stat. 884, by prohibiting the taking, possession, transportation, exportation, processing, sale, offer for sale, or shipment within this State of endangered species and by carefully regulating these activities with regard to the threatened species. Exceptions to these prohibitions, for the purpose of enhancing the conservation of these species, may be permitted as set forth in this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-03" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <level label="a"> <text>The Secretary shall conduct investigations of the fish resources of the State in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of these determinations the Secretary shall issue proposed rules and regulations not later than July 1, 1976, and develop conservation programs designed to insure the continued ability of fish deemed in need of conservation to perpetuate themselves successfully. The Secretary shall conduct ongoing investigations of the fish resources of the State and may amend these rules and regulations.</text> </level> <level label="b"> <text>The Secretary, by rules and regulations, shall adopt limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment necessary to conserve fish.</text> </level> <level label="c"> <text>Except as provided in rules and regulations adopted by the Secretary, no person may take, possess, transport, export, process, sell, offer for sale, or ship any fish deemed by the Department to be in need of conservation pursuant to this section, nor may any common or contract carrier knowingly transport or receive for shipment any fish deemed by the Secretary to be in need of conservation pursuant to this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-04" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <level label="a"> <text>Any species of fish determined to be an endangered species pursuant to the Endangered Species Act shall be deemed to be an endangered species under the provisions of this subtitle and any species of fish determined to be a threatened species pursuant to the Endangered Species Act shall be deemed to be a threatened species under the provisions of this subtitle. The Secretary may determine, in accordance with this section, that any threatened species is an endangered species throughout all or any portion of the range of the species within the State.</text> </level> <level label="b"> <text>In addition to the species deemed to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, by rule or regulation, shall determine whether any species of fish normally occurring within the State is an endangered or threatened species due to any of the following factors:</text> <level label="1"> <text>The present or threatened destruction, modification, or curtailment of its habitat or range;</text> </level> <level label="2"> <text>Overutilization for commercial, sporting, scientific, educational, or other purposes;</text> </level> <level label="3"> <text>Disease or predation;</text> </level> <level label="4"> <text>The inadequacy of existing regulatory mechanisms; or</text> </level> <level label="5"> <text>Other natural or manmade factors affecting its continued existence within the State.</text> </level> </level> <level label="c"> <level label="1"> <text>The Secretary shall make determinations required by subsection (b) of this section:</text> <level label="i"> <text>On the basis of the best scientific, commercial, and other data available and after consultation, as appropriate, with federal agencies, other interested State agencies, other states having a common interest in the species, and interested persons and organizations; and</text> </level> <level label="ii"> <text>Without reference to possible economic or other impacts of such determination.</text> </level> </level> <level label="2"> <text>In determining whether any species of fish is an endangered species or a threatened species, the Secretary shall take into consideration any actions being carried out or about to be carried out by the federal government, other states, other agencies of this State, or political subdivisions, or by any other person, which may affect the species under consideration.</text> </level> </level> <level label="d"> <text>Except with respect to species of fish determined to be endangered or threatened species under the provisions of subsection (a) of this section, the Secretary may not add a species to nor remove a species from any list published unless he first:</text> <level label="1"> <text>Publishes a public notice of the proposed action;</text> </level> <level label="2"> <text>Furnishes notice of the proposed action to the Governor of any state sharing a common border with this State and in which the subject species is known to exist; and</text> </level> <level label="3"> <text>Allows at least 30 days following publication for comment from the public and other interested parties.</text> </level> </level> <level label="e"> <text>Notwithstanding the provisions of subsection (d) of this section, if the Department determines that an emergency situation exists involving the continued existence of the species as a viable component of the State’s fish population it may add the species to the lists if it publishes a public notice that an emergency situation exists together with a summary of facts which support this determination.</text> </level> <level label="f"> <text>The Secretary shall delist a species if the Secretary determines, based on consideration of the factors and standards set forth in subsection (b) of this section, that the best scientific and commercial data available substantiate that:</text> <level label="1"> <text>The species is extinct;</text> </level> <level label="2"> <text>The species has recovered to the point that it no longer meets the definition of endangered species or threatened species;</text> </level> <level label="3"> <text>Information has become available since the original listing decision that shows that the listed entity does not meet the definition of an endangered species or a threatened species; or</text> </level> <level label="4"> <text>Information has become available since the original listing decision that shows that the listed entity does not meet the definition of a species.</text> </level> </level> <level label="g"> <level label="1"> <text>The Secretary shall adopt rules and regulations containing a list of all species of fish normally occurring within the State determined to be endangered species and a list of all species determined to be threatened species.</text> </level> <level label="2"> <text>Each list shall refer to the species by scientific and common names and shall specify with respect to each species over what portion of its range it is endangered or threatened.</text> </level> <level label="3"> <text>On or before July 1, 2026, and at least every 5 years thereafter, the Secretary shall review and, if warranted, update the regulations required under this subsection.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-05" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <level label="a"> <level label="1"> <text>Except with respect to species of fish determined to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an interested person that meets the requirements of paragraph (2) of this subsection, shall conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to § 4–2A–04(g) of this subtitle, if the Secretary makes and publishes a public notice that the person has presented substantial evidence which warrants a review.</text> </level> <level label="2"> <text>A petition submitted by an interested person under paragraph (1) of this subsection shall include:</text> <level label="i"> <text>A description of the biological distribution of the species in the State;</text> </level> <level label="ii"> <text>The life needs and habitat requirements of the species;</text> </level> <level label="iii"> <text>Evidence:</text> <level label="1"> <text>Of the species’ decline, if the species is an unlisted species; or</text> </level> <level label="2"> <text>If the species is a listed species:</text> </level> <level label="A"> <text>That the species is extinct;</text> </level> <level label="B"> <text>That the species has recovered to the point that it no longer meets the definition of endangered species or threatened species;</text> </level> <level label="C"> <text>Of any other information that has become available since the original listing decision that shows that the listed entity does not meet the definition of an endangered species or a threatened species; or</text> </level> <level label="D"> <text>Of information that has become available since the original listing decision that shows that the listed entity does not meet the definition of a species;</text> </level> </level> <level label="iv"> <text>All known threats that jeopardize the continued existence of the species;</text> </level> <level label="v"> <text>Any other relevant biological and ecological data or other life history information pertinent to the status of the species;</text> </level> <level label="vi"> <text>Evidence that the species is recognized as a valid species or an infraspecific taxon of regional or national significance; and</text> </level> <level label="vii"> <text>Adequate documentation that the species occurs naturally and is permanently established in the State.</text> </level> </level> </level> <level label="b"> <text>When any species of fish is listed as a threatened species pursuant to § 4–2A–04(g) of this subtitle, the Secretary shall adopt regulations necessary and advisable to provide for the conservation of the species. The Secretary, by regulation, shall prohibit with respect to any threatened species of fish any act prohibited under subsection (c) of this section.</text> </level> <level label="c"> <text>Except as provided in subsection (f) of this section, with respect to any endangered species of fish, no person may:</text> <level label="1"> <text>Export the species from the State;</text> </level> <level label="2"> <text>Take the species within the State;</text> </level> <level label="3"> <text>Possess, process, sell, or offer for sale, deliver, carry, transport, or ship the species by any means; or</text> </level> <level label="4"> <text>Violate any regulation pertaining to the conservation of the species or to any threatened species of wildlife listed pursuant to this subsection and adopted by the Secretary pursuant to authority provided by this section.</text> </level> </level> <level label="d"> <text>Except as provided in subsection (f) of this section, with respect to any endangered species of fish, no person may:</text> <level label="1"> <text>Export the species from the State;</text> </level> <level label="2"> <text>Possess, process, sell, offer for sale, deliver, carry, transport, or ship the species by any means; or</text> </level> <level label="3"> <text>Violate any regulation pertaining to the species or to any threatened species of fish listed pursuant to § 4–2A–04(g) of this subtitle and adopted by the Secretary.</text> </level> </level> <level label="e"> <text>If any endangered species of fish which enters the State from another state or from a point outside the territorial limits of the United States and which is being transported to a point within or beyond the State may be so entered and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.</text> </level> <level label="f"> <level label="1"> <text>Subject to paragraph (2) of this subsection, the Secretary may issue a permit, under the terms and conditions he prescribes, to allow any act otherwise prohibited by subsections (c) and (d) of this section for scientific purposes, to enhance the propagation or survival of the affected species, and on or after January 1, 1990, for aquaculture involving the affected species in nontidal ponds, lakes, or impoundments.</text> </level> <level label="2"> <text>Notwithstanding the provisions of paragraph (1) of this subsection, on or after June 1, 1989, the Secretary may issue a permit to allow the purchase of striped bass or striped bass hybrid from out–of–state sources for possession and raising in aquaculture operations in nontidal ponds, lakes, or impoundments in the State.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-05.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <text>When the Secretary removes the moratoriums on the taking, possession, sale, and transporting of striped bass or rockfish, the Secretary:</text> <level label="1"> <text>Shall allow sport fishermen and commercial fishermen to take, possess, sell, and transport striped bass or rockfish; but</text> </level> <level label="2"> <text>May not remove the moratoriums for sport fishermen or commercial fishermen without removing the same moratoriums for the other group of fishermen.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-06" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <level label="a"> <level label="1"> <text>The Secretary:</text> <level label="i"> <text>Shall establish programs, including acquisition of land or aquatic habitat or interests therein, necessary for the conservation of threatened or endangered species of fish;</text> </level> <level label="ii"> <text>May designate areas as essential habitats for endangered and threatened species; and</text> </level> <level label="iii"> <text>May adopt management protocols for designated essential habitats.</text> </level> </level> <level label="2"> <text>The Secretary shall use all vested authority to carry out the provisions of this subsection.</text> </level> </level> <level label="b"> <text>In carrying out programs authorized by this section, the Secretary shall consult with other states having a common interest in particular species of endangered or threatened species of fish and may enter into agreements with federal agencies, other states, political subdivisions of this State, or with individuals with respect to programs designed to conserve endangered or threatened species of fish including agreements for administration and management of any that are established under this section or utilized for conservation of endangered or threatened species of fish.</text> </level> <level label="c"> <level label="1"> <text>The Governor shall review other programs administered by him and utilize these programs in furtherance of the purposes of this subtitle.</text> </level> <level label="2"> <text>All State departments and agencies, in consultation with and with the assistance of the Secretary, shall utilize their authorities in furtherance of the purposes of this subtitle by carrying out programs for the conservation of endangered species and threatened species listed pursuant to § 4–2A–04(g) of this subtitle and by taking any action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of the endangered species or threatened species or result in the destruction or modification of habitat of the species which is deemed by the Secretary to be critical.</text> </level> </level> <level label="d"> <text>The Secretary shall adopt rules and regulations necessary to implement this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-07" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <level label="a"> <text>Any person who violates the provisions of § 4–2A–05 of this subtitle, or fails to procure any permit required by § 4–2A–05 of this subtitle, or who violates the terms of any permit shall be fined not more than $1,000 or be imprisoned not more than one year, or both.</text> </level> <level label="b"> <text>Any Natural Resources police officer or any law enforcement officer may conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, fish taken, used or possessed in connection with a violation of any subsection. Any Natural Resources police officer or law enforcement officer, without a warrant, may arrest any person who the officer has probable cause to believe is violating, in his presence or view, this subtitle, any rule or regulation, or permit provided for by this subtitle. Any Natural Resources police officer or law enforcement officer who has made an arrest of a person in connection with any violation may search the person, premises, or business records at the time of arrest and may seize any fish, records, or property taken, or used in connection with any violation.</text> </level> <level label="c"> <text>Equipment, merchandise, fish or records seized under the provisions of subsection (b) of this section shall be held by any Natural Resources police officer or law enforcement officer pending disposition of court proceedings, and thereafter shall be forfeited to the State for destruction or disposition as the Secretary may deem appropriate. Prior to forfeiture the Secretary may direct the transfer of fish so seized to a qualified zoological, educational, or scientific institution for safekeeping, costs to be assessable to the defendant. The Secretary may issue rules and regulations to implement this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-08" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <level label="a"> <text>Except as provided in subsection (b) of this section, the provisions of this subtitle do not prohibit:</text> <level label="1"> <text>Importation into the State of fish which may be lawfully imported into the United States or lawfully taken and removed from another state;</text> </level> <level label="2"> <text>Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of any fish which is designated an endangered or threatened species in this State but not in the state where originally taken, if the person engaging in the activity demonstrates by substantial evidence that the fish was lawfully taken and lawfully removed from the state of origin; or</text> </level> <level label="3"> <text>Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of fish which are lawfully purchased for, or which are products of, authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title.</text> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>This paragraph does not apply to striped bass or rockfish, including hybrids, which are lawfully purchased for, or which are products of authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title.</text> </level> <level label="ii"> <text>If the species of fish known as striped bass or rockfish, including hybrids thereof, is listed as threatened or endangered pursuant to the provisions of this subtitle, all prohibitions of this subtitle shall apply to any striped bass or hybrid located within the State whether or not the fish may have been taken lawfully in another state, except as authorized in this subsection.</text> </level> </level> <level label="2"> <text>A person may possess striped bass or hybrids from another state while transporting them through this State for sale in another state if the person can demonstrate by substantial evidence that the fish were lawfully taken and removed from the state of origin.</text> </level> <level label="3"> <text>A person who possesses a valid license to deal in finfish under § 4-702 of this title may possess, store, and process striped bass or hybrids of striped bass lawfully taken in another state or in waters within the jurisdiction of the Potomac River Fisheries Commission, in conjunction with transporting them through this State for sale in another state.</text> </level> </level> <level label="c"> <text>This section does not permit the possession, transportation, exportation, processing, sale, offer for sale or shipment within this State of species of fish determined, pursuant to the Endangered Species Act, to be an endangered or threatened species except as permitted by § 4-2A-05 of this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-08.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <text>The Department shall adopt regulations allowing the catching of hybrids of striped bass under certain conditions in freshwater impoundments in the State as long as, during the time any moratorium on the taking and sale of striped bass is in effect under the Endangered Species of Fish Conservation Act, the regulations also prohibit the sale in the State for any purpose of the hybrids of striped bass that are caught under the authority of the regulations.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-2A-09" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act"> <text>The subtitle may be cited as the Endangered Species of Fish Conservation Act.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-301" title_number="4" title_name="Fish and Fisheries" subtitle_number="3" subtitle_name="Interstate Compacts Concerning Fish and Fisheries and Related Laws"> <text>The Governor is hereby authorized and directed to execute a compact on behalf of the State of Maryland with any one or more of the states of Maine, New Hampshire, Connecticut, Rhode Island, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Massachusetts and Florida and with such other states as may enter into the compact, legally joining in the form substantially as follows:</text> <text>Atlantic States Marine Fisheries Compact</text> <text>The contracting states solemnly agree:</text> <text>Article I</text> <text>The purpose of this compact is to promote the better utilization of the fisheries, marine, shell and anadromous, of the Atlantic seaboard by the development of a joint program for the promotion and protection of the fishing industry, and by the prevention of the physical waste of the fisheries from any cause.</text> <text>Article II</text> <text>This agreement shall become effective as to those states ratifying it whenever any two of the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida have ratified it and Congress has given its consent. Any state contiguous with any of the aforementioned states and riparian upon waters frequented by anadromous fish, flowing into waters under the jurisdiction of any of the aforementioned states, may become a party hereto as hereinafter provided.</text> <text>Article III</text> <text>Each state joining herein shall appoint three representatives to a commission hereby constituted and designated as the Atlantic States Marine Fisheries Commission. One shall be the executive officer of the administrative agency of such state charged with the conservation of the fisheries resources to which this compact pertains, or, if there be more than one officer or agency, the official of that state named by the governor thereof. The second shall be a member of the legislature of such state designated by the Commission or committee on interstate cooperation of such state, or if there be none, by the governor thereof. The third shall be a citizen who shall have a knowledge of and interest in the marine fisheries problem to be appointed by the governor. This Commission shall be a body corporate with the powers and duties set forth herein.</text> <text>Article IV</text> <text>The duty of the said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell and anadromous, of the Atlantic seaboard. The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the preservation of those fisheries and their protection against overfishing, waste, depletion or any abuse whatsoever and to assure a continuing yield from the fisheries resources of the aforementioned states.</text> <text>To that end the Commission shall draft and, after consultation with the advisory committee, recommend to the governors and legislatures of the various signatory states legislation dealing with the conservation of the marine and anadromous fisheries of the Atlantic seaboard. The Commission shall, more than one month prior to any regular meeting of the legislature in any signatory state, present to the governor of the state its recommendations relating to enactments to be made by the legislature of that state in furthering the intents and purposes of this compact.</text> <text>The Commission shall consult with and advise the pertinent administrative agencies in the states parties hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable.</text> <text>The Commission shall have power to recommend to the states party hereto the stocking of the waters of such states with fish and fish eggs or joint stocking by some or all of the states party hereto and when two or more of the states shall jointly stock waters the Commission shall act as the coordinating agency for such stocking.</text> <text>Article V</text> <text>The Commission shall elect from its number a chairman and a vice–chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. Said Commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year.</text> <text>Article VI</text> <text>No action shall be taken by the Commission in regard to its general affairs except by the affirmative vote of a majority of the whole number of compacting states present at any meeting. No recommendation shall be made by the Commission in regard to any species of fish except by the affirmative vote of a majority of the compacting states which have an interest in that species. The Commission shall define what shall be an interest.</text> <text>Article VII</text> <text>The Fish and Wild Life Service of the Department of the Interior of the government of the United States shall act as the primary research agency of the Atlantic States Marine Fisheries Commission cooperating with the research agencies in each state for that purpose. Representatives of the said Fish and Wild Life Service shall attend the meetings of the Commission.</text> <text>An advisory committee to be representative of the commercial fishermen and the salt water anglers and the other such interests of each state as the Commission deems advisable shall be established by the Commission as soon as practicable for the purpose of advising the Commission upon such recommendations as it may desire to make.</text> <text>Article VIII</text> <text>When any state other than those named specifically in Article II of this compact shall become a party thereto for the purpose of conserving anadromous fish in accordance with the provisions of Article II, the participation of such state in the action of the Commission shall be limited to species of anadromous fish.</text> <text>Article IX</text> <text>Nothing in this compact shall be construed to limit the powers of any signatory state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state imposing additional conditions and restrictions to conserve its fisheries.</text> <text>Article X</text> <text>Continued absence of representation or of any representative in the Commission from any state party hereto shall be brought to the attention of the governor thereof.</text> <text>Article XI</text> <text>The states party hereto agree to appropriate to the support of the Commission in proportion to the primary market value of the products of their fisheries, exclusive of cod and haddock, as recorded in the most recent published reports of the Fish and Wild Life Service of the United States Department of the Interior, provided no state shall contribute less than two hundred dollars and the contribution of each state above the minimum shall be figured to the nearest one hundred dollars.</text> <text>The compacting states agree to appropriate initially the amounts scheduled below, which amounts are calculated in the manner set forth herein, on the basis of the catch record of 1938. Subsequent budgets shall be recommended by majority of the Commission and submitted to the compacting states.</text> <text>Schedule of initial state contributions:</text> <text>Maine $ 700</text> <text>New Hampshire 200</text> <text>Massachusetts 2300</text> <text>Rhode Island 300</text> <text>Connecticut 400</text> <text>New York 1300</text> <text>New Jersey 800</text> <text>Delaware 200</text> <text>Maryland 700</text> <text>Virginia 1300</text> <text>North Carolina 600</text> <text>South Carolina 200</text> <text>Georgia 200</text> <text>Florida 1500</text> <text>Article XII</text> <text>This compact shall continue in force and remain binding upon each ratifying state until renounced by it. Renunciation of this compact must be preceded by sending six months’ notice in writing of intention to withdraw from the compact to the other states party hereto.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-302" title_number="4" title_name="Fish and Fisheries" subtitle_number="3" subtitle_name="Interstate Compacts Concerning Fish and Fisheries and Related Laws"> <level label="a"> <text>Pursuant to Article III of the Atlantic States Marine Fisheries Compact, 3 commissioners of the Atlantic States Marine Fisheries Commission shall be from the State. One commissioner shall be the Secretary whose term of office shall be concurrent with his tenure as Secretary. One commissioner shall be a legislator who is chosen jointly by the President and Speaker. The third commissioner shall be appointed by the Governor with the advice and consent of the Senate. The third commissioner shall be a resident of the State having knowledge of and interest in marine fisheries problems. His tenure shall be three years or until a successor is appointed and qualified.</text> </level> <level label="b"> <text>The Secretary may delegate to any subordinate in his Department the power to be present and participate, including voting as his representative at any meeting of the Commission.</text> </level> <level label="c"> <text>Upon charges, the Governor may remove from office any commissioner, after the commissioner is afforded a hearing.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-303" title_number="4" title_name="Fish and Fisheries" subtitle_number="3" subtitle_name="Interstate Compacts Concerning Fish and Fisheries and Related Laws"> <level label="a"> <text>The Commission and the commissioners have every power provided for in the Compact and necessary or incidental to carrying out the Compact. It is the policy of the State to carry out the provisions of the Compact to accomplish its purposes. Every State officer shall perform everything within his authority necessary or incidental to effectuate this policy. Every officer, unit, and persons in State government shall furnish the Commission with information and data upon request and aid it by loaning personnel or by other means within their authority.</text> </level> <level label="b"> <text>Any power granted to the Commission is intended to aid and supplement and not limit any power vested in it by other laws of the State, the laws of the member states, by Congress, or the terms of the Compact.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-304" title_number="4" title_name="Fish and Fisheries" subtitle_number="3" subtitle_name="Interstate Compacts Concerning Fish and Fisheries and Related Laws"> <level label="a"> <text>The Commission shall keep an accurate account of all of its receipts and reimbursements. It shall report annually to the Governor by January 10 setting forth in detail every Commission transaction which was conducted during the preceding year, and make any recommendation for legislative action deemed advisable, including amendments to the laws of the State which may be necessary to carry out the intent and purposes of the Compact among the signatory states.</text> </level> <level label="b"> <text>The State Comptroller may examine the Commission’s accounts and books, including its receipts, disbursements, and any other items concerning its financial standing as the Comptroller deems proper. The Comptroller shall report the results of his examination to the Governor.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-305" title_number="4" title_name="Fish and Fisheries" subtitle_number="3" subtitle_name="Interstate Compacts Concerning Fish and Fisheries and Related Laws"> <text>Pursuant to Article XI of the Atlantic States Marine Fisheries Compact, funds shall be appropriated from the State Treasury for expenses of the Commission. The appropriation shall be paid out of the State Treasury on the audit and warrant of the Comptroller upon vouchers certified by the chairman of the Commission in the manner prescribed by law.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-306" title_number="4" title_name="Fish and Fisheries" subtitle_number="3" subtitle_name="Interstate Compacts Concerning Fish and Fisheries and Related Laws"> <text>Preamble</text> <text>Whereas, Maryland and Virginia are both vitally interested in conserving and improving the valuable fishery resources of the tidewater portion of the Potomac River, and</text> <text>Whereas, certain provisions of the Compact of 1785 between Maryland and Virginia having become obsolete, Maryland and Virginia each recognizing that Maryland is the owner of the Potomac River bed and waters to the low watermark of the southern shore thereof; as laid out on the Matthews–Nelson Survey of 1927, and that Virginia is the owner of the Potomac River bed and waters southerly from said low watermark as laid out, and that the citizens of Virginia have certain riparian rights along the southern shore of the river, as shown on said Matthews–Nelson Survey, and, in common with the citizens of Maryland, the right of fishing in said river, Maryland and Virginia have agreed that the necessary conservation and improvement of the tidewater portion of the Potomac fishery resources can be best achieved by a commission comprised of representatives of both Maryland and Virginia, charged with the establishment and maintenance of a program to conserve and improve these resources, and</text> <text>Whereas, at a meeting of the commissioners appointed by the Governors of the State of Maryland and the Commonwealth of Virginia, to wit: Carlyle Barton, M. William Adelson, Stephen R. Collins, Edward S. Delaplaine and William J. McWilliams, Esquires, on the part of the State of Maryland, and Mills E. Godwin, Jr., Howard H. Adams, Robert Y. Button, John Warren Cooke and Edward E. Lane, Esquires, on the part of the Commonwealth of Virginia, at Mount Vernon, in Virginia, on the twentieth day of December, in the year one thousand nine hundred and fifty–eight, the following Potomac River Compact of 1958 between the Commonwealth of Virginia, and the State of Maryland was mutually agreed to by the said commissioners:</text> <text>Now, therefore, be it resolved by the commissioners appointed by the Governors of the State of Maryland and the Commonwealth of Virginia, meeting in joint session, that they do unanimously recommend to the said respective governors that there be a new compact, to be designated as the “Potomac River Compact of 1958”, and that the said new compact be referred as promptly as possible to the legislatures of the State of Maryland and the Commonwealth of Virginia for appropriate action, and to the end that after ratification and adoption by said legislatures the same be submitted to the Congress of the United States for approval.</text> <text>Article I.</text> <text>Commission –– Membership and Organization</text> <text>Section 1. The Potomac River Fisheries Commission, hereinafter designated as “commission”, is hereby created.</text> <text>Section 2. The commission shall consist of eight members, four from Maryland and four from Virginia. The Maryland members shall be the Secretary of the Department of Natural Resources of Maryland or its successor agency, or the Secretary’s designee, and three members at large to be appointed by the Governor of Maryland with the advice and consent of the Senate of Maryland. The Virginia members shall be three members of the Virginia Marine Resources Commission or its successor agency, and one member at large, to be appointed by the Governor of Virginia. If the membership of the Virginia Marine Fisheries Commission exceeds three, then the three commission members from Virginia Marine Fisheries Commission shall be selected by the Governor of Virginia; and if the membership of the Virginia Marine Resources Commission is less than three, the four commission members from Virginia shall be the member or members of the Virginia Marine Fisheries Commission, and such additional person or persons who shall be appointed by the Governor as may be necessary to constitute a total of four commissioners.</text> <text>Section 3. The term of commissioners who are members of the Virginia Marine Resources Commission shall be coterminous with their term on the Virginia Marine Resources Commission. The Secretary of the Department of Natural Resources of Maryland or the Secretary’s designee shall serve ex officio. The term of all other commissioners shall be four years. Vacancies on the commission shall be filled by appointment of the governor of the state entitled to fill the vacancy, except that if the Virginia Marine Resources Commission has three members, the person filling a vacancy on the Virginia Marine Resources Commission shall ex officio become a member of the commission.</text> <text>Section 4. The chairman of the commission shall alternate from year to year between representatives of Maryland and Virginia. Subject to such alternation, the chairman shall be elected by the commissioners for a term of one year.</text> <text>Section 5. Commissioners shall be entitled to receive from the general fund of the commission compensation not to exceed two hundred and fifty dollars ($250.00) for each day or portion thereof spent in the performance of their duties, but in no event to exceed one thousand five hundred dollars ($1,500.00) in any year, and reimbursement for reasonable expenses incident to the performance of their duties.</text> <text>Section 6. Commission meetings shall be held at least once each quarter, and at such other times as the commission may determine. In order to constitute a quorum for the transaction of any business at least two of the four members from each state must be present and must vote on the business being transacted.</text> <text>Section 7. The commission shall establish and maintain an office at such locations as it may select, and may employ an executive secretary who shall serve at the pleasure of the commission, and such other administrative, clerical, scientific, and legal personnel as it deems necessary. The powers, duties and compensation of all employees shall be as prescribed by the commission, and the employees shall not be subject to the provisions of Division I of the State Personnel and Pensions Article of the Annotated Code of Maryland that govern the Maryland State Personnel Management System nor to the provisions of the Virginia Personnel Act, as the same may be from time to time in effect. The commission may extend to any employee or employees membership in the Virginia Supplemental Retirement System or the Maryland Employees’ Retirement System, whichever is applicable, subject to the laws relating to each such retirement system. Employees of the commission shall also be eligible for the health and related insurance for State employees in § 2.1–20.1 of the Code of Virginia or Title 2, Subtitle 5 of the State Personnel and Pensions Article of the Annotated Code of Maryland, whichever is applicable.</text> <text>Article II.</text> <text>Jurisdictional Boundaries</text> <text>The territory in which the Potomac River Fisheries Commission shall have jurisdiction shall be those waters of the Potomac River enclosed within the following described area:</text> <text>Beginning at the intersection of mean low watermark at Point Lookout and an established line running from Smith’s Point to Point Lookout, marking Chesapeake Bay waters; thence following the mean low waterline of the shore northwesterly across the respective mouths of all creeks to Gray Point at the westerly entrance into Rowley Bay; thence in a straight line northwesterly to the southerly extremity of Kitts Point; thence along the mean low waterline to the southwesterly point of St. Inigoes Neck; thence in a straight line westerly to the most easterly point of St. Georges Island; thence following the mean low waterline in a general northwesterly direction, across the respective mouths of all creeks and inlets to the southwesterly point of Huggins Point; thence in a straight line southwesterly to the eastern extremity of the sandbar known as Heron Island; thence northwesterly following the ridge of Heron Island bar to its westerly extremity; thence southwesterly in a straight line to the most southerly point of Blackiston Island; thence in a straight line northwesterly to the southern extremity of Colton’s Point; thence following the mean low waterline, westerly, excluding all creeks and inlets, to the point marking the southeasterly entrance into St. Catherine Sound; thence westerly in a straight line to the southern extremity of St. Catherine Island sandbar; thence northwesterly, along the westerly edge of said sandbar continuing along the mean low waterline of the southwesterly side of St. Catherine Island to the northwesterly point of said island; thence westerly in a straight line to Cobb Point Bar Lighthouse; thence northwesterly along the ridge of Cobb Point sandbar to the southerly extremity of Cobb Point; thence following the mean low waterline in general northwesterly and northerly directions across the respective mouths of all creeks and inlets to a point at the easterly entrance into Port Tobacco River, due east of Windmill Point; thence in a straight line westerly to Windmill Point; thence southwesterly following the mean low waterline across the respective mouths of all creeks and inlets to Upper Cedar Point; thence southwesterly in a straight line across the mouth of Nanjemoy Creek to a point on shore at the Village of Riverside; thence following the mean low waterline, southwesterly, northwesterly and northerly, across the respective mouths of all creeks and inlets to Smith Point; thence northerly in a straight line to Liverpool Point; thence northerly in a straight line to Sandy Point; thence following the mean low waterline northerly, across the respective mouths of all creeks and inlets to Moss Point; thence northerly in a straight line across Chicamuxen Creek to the southernmost point of Stump Neck; thence following the mean low waterline northeasterly, across the respective mouths of all creeks and inlets, to a point at the southerly entrance into Mattawoman Creek; thence in a straight line northeasterly across the mouth of Mattawoman Creek to the southwesterly point of Cornwallis Neck; thence following the mean low waterline northeasterly across the respective mouths of all creeks and inlets, to Chapman Point; thence in a straight line northeasterly to Pomonkey or Hollis Point; thence following the mean low waterline in a northerly direction across the respective mouths of all creeks and inlets, to a point on Marshall Hall Shore, due south of Ferry Point; thence northeasterly in a straight line to Bryan Point; thence northeasterly in a straight line to the northwest extremity of Mockley Point; thence northeasterly in a straight line to Hatton Point; thence northerly in a straight line to the southwesternmost point of Indian Queen Bluff; thence following the mean low waterline northerly across the respective mouths of all creeks and inlets, to Rosier Bluff Point; thence in a straight line northerly to the intersection with the District of Columbia line at Fox Ferry Point, thence following the boundary line of the District of Columbia southwesterly to a point on the lower or southern shore of the Potomac River, said point being the intersection of the boundary line of the Commonwealth of Virginia with the boundary line of the District of Columbia; thence following the mean low waterline of the Potomac River on the southern, or Virginia shore, as defined in the Black–Jenkins Award of 1877 and as laid out in the Matthews–Nelson Survey of 1927, beginning at the intersection of the Potomac River and the District of Columbia line at Jones Point and running to Smiths Point; and thence in a straight line across the mouth of the Potomac River on the established line from Smiths Point to Point Lookout, to the mean low watermark at Point Lookout, the place of beginning.</text> <text>Article III.</text> <text>Commission Powers and Duties</text> <text>Section 1. The commission shall make a survey of the oyster bars within its jurisdiction and may reseed and replant said oyster bars as may from time to time be necessary.</text> <text>Section 2. The commission may by regulation prescribe the type, size and description of all species of finfish, crabs, oysters, clams and other shellfish which may be taken or caught within its jurisdiction, the places where they may be taken or caught, and the manner of taking or catching.</text> <text>Section 3. The commission shall maintain a program of research relating to the conservation and repletion of the fishery resources within its jurisdiction, and to that end may cooperate and contract with scientists and public and private scientific agencies engaged in similar work, and may purchase, construct, lease, borrow or otherwise acquire by any lawful method such property, structures, facilities, or equipment as it deems necessary.</text> <text>Section 4. (a) The commission shall issue such licenses as it may prescribe which shall thereupon be required for the taking of finfish, crabs, oysters, clams, or other shellfish from the waters within the jurisdiction of the commission, and for boats, vessels and equipment used for such taking. Recognizing that the right of fishing in the territory over which the commission shall have jurisdiction is and shall be common to and equally enjoyed by the citizens of Virginia and Maryland, the commission shall make no distinction between the citizens of Virginia or Maryland in any rule, regulation or the granting of any licenses, privileges, or rights under this compact.</text> <level label="b"> <text>Licenses for the taking of oysters and clams and the commercial taking of finfish and crabs within the jurisdiction of the commission shall be granted only to citizens of Maryland or Virginia who have resided in either or both states for at least twelve months immediately preceding the application for the license. Within six months after the effective date of this compact, the commission shall adopt a schedule of licenses, the privileges granted thereby, and the fees therefor, which may be modified from time to time in the discretion of the commission.</text> </level> <level label="c"> <text>The licenses hereby authorized may be issued at such places, by such persons, and in accordance with such procedures as the commission may determine.</text> <text>Section 5. The commission is authorized to expend funds for the purposes of general administration, repletion of the fish and shellfish in the Potomac River, and the conservation and research programs authorized under this compact, subject to the limitations provided in this compact.</text> <text>Section 6. The commission is authorized to receive and accept (or to refuse) from any and all public and private sources such grants, contributions, appropriations, donations, and gifts as may be given to it, which shall be paid into and become part of the general fund of the commission, except where the donor instructs that it shall be used for a specific project, study, purpose, or program, in which event it shall be placed in a special account, which shall be administered under the same procedure as that prescribed for the general fund.</text> <text>Section 7. The commission may call upon the resources and assistance of the Virginia Institute of Marine Science, the University System of Maryland, and all other agencies, institutions, and departments of Maryland and Virginia which shall cooperate fully with the commission upon such request.</text> <text>Section 8. The commission shall have the power to make, adopt and publish such rules and regulations as may be necessary or desirable for the conduct of its meetings, such hearings as it may from time to time hold, and for the administration of its affairs.</text> <text>Section 9. The commission may impose an inspection tax, in an amount as fixed from time to time by the commission, upon all oysters caught within the limits of the Potomac River, which inspection tax may not exceed $2.00 per bushel. The tax shall be paid by the buyer at the place in Maryland or Virginia where the oysters are unloaded from vessels and are to be shipped no further in bulk in vessel, to an agent of the commission, or to such officer or employee of the Virginia Marine Resources Commission or of the Maryland Department of Natural Resources, as may be designated by the commission, and by him paid over to the commission. The commission shall use the proceeds of the oyster inspection tax solely for planting seed or shell oyster on working bottom.</text> <text>Section 10. The Potomac River Fisheries Commission shall have the power to make, adopt and publish such rules and regulations as may be necessary or desirable for authorizing and regulating the dredging of soft shell clams in areas within its geographical jurisdiction and may levy license fee for such dredging in amounts to be set in its discretion.</text> <text>Article IV.</text> <text>Commission Regulations –– Procedure and Review</text> <text>Section 1. No regulation shall be adopted by the commission unless: (a) a public hearing is held thereon, (b) prior to the hearing the commission has given notice of the proposed regulation by publication thereof at least once a week for three successive weeks in at least one newspaper published, or having a general circulation in each county of Maryland and Virginia contiguous to the waters within the commission’s jurisdiction. The first such publication to be at least thirty days but not more than 45 days prior to the date of the hearing; (c) a copy of the proposed regulation is mailed at least 30 days but not more than 45 days prior to the hearing, to the clerk of the court of each county of Maryland and Virginia contiguous to the waters within the commission’s jurisdiction, who shall post the same in a conspicuous place at or in the courthouse; and (d) the regulation is approved by at least six members of the commission.</text> <text>Section 2. (a) Regulations of the commission shall be exempt from the provisions of Chapter 1.1 of Title 9 of the Code of Virginia (1950 Edition, as amended from time to time), and of §§ 10–106 and 10–107 of the State Government Article of the Annotated Code of Maryland (1957 Edition, as amended from time to time). Copies of commission regulations shall be kept on public file and available for public reference in the offices of the commission, the office of the clerk of court in each county of Maryland and Virginia contiguous to the waters within the commission’s jurisdiction, the office of the Virginia division of statutory research and drafting, the office of the Maryland Department of Legislative Reference, the office of the Virginia Marine Resources Commission, and the office of the Maryland Department of Natural Resources.</text> </level> <level label="b"> <text>No regulation of the commission shall become effective until thirty (30) days after the date of its adoption, or such later date as may be fixed by the commission.</text> </level> <level label="c"> <text>Leasing, dredging or patent tonging shall be authorized by the commission only if such authorization is granted by joint action of the legislatures of Maryland and Virginia.</text> <text>Section 3. Any person aggrieved by any regulation or order of the commission may at any time file a petition for declaratory judgment with respect to the validity or construction thereof, in the circuit court of any county in Maryland or Virginia contiguous to the waters within the commission’s jurisdiction. A review of the final judgment of the circuit court may be appealed to the court of highest appellate jurisdiction of the state in accordance with the rules or laws of procedure in such state.</text> <text>Section 4. Regulations of the commission may be amended, modified, or rescinded by joint enactment of the General Assembly of Maryland and the General Assembly of Virginia.</text> <text>Section 5. At any time subsequent to the adoption of this compact the governor or legislature of either Maryland or Virginia may call for the appointment of a commission to make further study and recommendations concerning revision and amendments to this compact, at which time the governors of the respective states shall act forthwith in compliance with the request for the appointment of said commission.</text> <text>Article V.</text> <text>Enforcement of Laws and Regulations: Penalties</text> <text>Section 1. The regulations and orders of the commission shall be enforced by the joint effort of the law enforcement agencies and officers of Maryland and Virginia.</text> <text>Section 2. The violation of any regulation of the commission shall be a misdemeanor. Unless a lesser punishment is provided by the commission, such violation shall be punishable by a fine not to exceed three thousand dollars ($3,000) or confinement in a penal institution for not more than one (1) year, or both, in the discretion of the court, and any vessel, boat, or equipment used in the taking of finfish, crabs, oysters, clams, or other shellfish from the Potomac River in violation of any regulation of the commission or of applicable laws may be confiscated by the court, upon the abandonment thereof or the conviction of the owner or operator thereof.</text> <text>Section 3. The officer making an arrest or preferring a charge for violation of a regulation of the commission or an applicable state law respecting the waters within the commission’s jurisdiction shall take the alleged offender to a court of competent jurisdiction in either state, in a county adjacent to the portion of the Potomac River where the alleged offense occurred, which shall thereupon have jurisdiction over the offense.</text> <text>Section 4. All fines imposed for violation of regulations of the commission or applicable state laws respecting the waters within the commission’s jurisdiction shall be paid into the court in which the case is prosecuted, and accounted for under the laws applicable to that court. Any property confiscated under the provisions of this compact shall be turned over to the commission, which may retain, use or dispose of as it deems best.</text> <text>Article VI.</text> <text>Commission Finances</text> <text>Section 1. The commission shall approve and adopt a proposed annual budget showing estimated income, revenues, appropriations, and grants from all sources, and estimated necessary expenditures and shall send a copy thereof to the governors of Maryland and Virginia.</text> <text>Section 2. The said governors shall place in the proposed budget of their respective states for each year the sum of not less than fifty thousand dollars ($50,000.00) for the expenses and the other purposes of the commission for that year, except that none of the sum so appropriated shall be used for law enforcement purposes; and the general assembly of each of the two states agrees to appropriate annually not less than this sum to the commission.</text> <text>Section 3. (a) The general fund shall consist of: (1) all income and revenue received from the issuance of licenses under this compact; (2) the proceeds of the disposition of property confiscated pursuant to the provisions of this compact; (3) the proceeds of the inspection tax upon oysters imposed pursuant to this compact; and (4) the funds appropriated to the commission by the two states.</text> </level> <level label="b"> <text>The general fund of the commission shall be kept in such bank or depository as the commission shall from time to time select. The general fund shall be audited annually by the Auditor of Public Accounts of Virginia and the State Auditor of Maryland acting jointly, and at such other times as the commission may request.</text> <text>Article VII.</text> <text>Effect on Existing Laws and Prior Compact</text> <text>Section 1. The rights, including the privilege of erecting and maintaining wharves and other improvements, of the citizens of each state along the shores of the Potomac River adjoining their lands shall be neither diminished, restricted, enlarged, increased nor otherwise altered by this compact, and the decisions of the courts construing that portion of Article VII of the Compact of 1785 relating to the rights of riparian owners shall be given full force and effect.</text> <text>Section 2. The laws of the State of Maryland relating to finfish, crabs, oysters, and clams in the Potomac River, as set forth in former Article 66C of the Annotated Code of Maryland and as in effect on December 1, 1958, shall be and remain applicable in the Potomac River except to the extent changed, amended, or modified by regulations of the commission adopted in accordance with this compact.</text> <text>Section 3. The rights and privileges of licensees to take and catch finfish, crabs, oysters, clams, and other shellfish in the Potomac River, which are in effect at the time this compact becomes effective, shall continue in force for a period of six months at which time every such license and every such right and privilege shall be abrogated.</text> <text>Article VIII.</text> <text>Effect of Ratification</text> <text>These articles shall be laid before the legislatures of Virginia and Maryland, and their approbation being obtained, shall be confirmed and ratified by a law of each state, never to be repealed or altered by either, without the consent of the other.</text> <text>Article IX.</text> <text>Effective Date</text> <text>This compact, which takes the place of the Compact of 1785 between Maryland and Virginia, shall take effect at the expiration of 60 days after the completion of the last act legally necessary to make it operative, and thereupon the said Compact of 1785 shall no longer have any force or effect.</text> <text>In testimony whereof, the commissioners, on the part of the State of Maryland and the Commonwealth of Virginia, evidence their agreement to the provisions of this compact by becoming parties signatory this, the twentieth day of December, in the year one thousand, nine hundred and fifty–eight, at Mount Vernon, in Virginia; and now witnesseth:</text> <text>Commissioners on the Part of Maryland Commissioners on the Part of Virginia</text> </level> <level label="s"> <text>Carlyle Barton (s) Mills E. Godwin, Jr.</text> </level> <level label="s"> <text>William J. McWilliams (s) Howard H. Adams</text> </level> <level label="s"> <level label="M"> <text>William Adelson (s) Edward E. Lane</text> </level> </level> <level label="s"> <text>Stephen R. Collins (s) Robert Button</text> </level> <level label="s"> <text>Edward S. Delaplaine (s) John Warren Cooke</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-307" title_number="4" title_name="Fish and Fisheries" subtitle_number="3" subtitle_name="Interstate Compacts Concerning Fish and Fisheries and Related Laws"> <text>The Potomac River Fisheries Commission shall have the power to make, adopt, and publish such rules and regulations as may be necessary or desirable for authorizing and regulating the dredging of oysters in areas of the Potomac River within its geographical jurisdiction and may levy license and repletion fees for same.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-401" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <text>The Department may acquire, by purchase, lease, condemnation, or gift, title or control of any area of water or land in the State suitable to protect, propagate, or manage fish. The area of water or land shall be known as a State fish refuge. Any area of water or land in Garrett County or Allegany County greater than 100 acres may be acquired only with the approval of that county. This requirement does not apply to any areas which have previously been authorized for acquisition by the General Assembly. The Department may purchase or erect any structure necessary for fish management, and may purchase or lease any area of water or land, excluding the ownership of and the right to drill any mineral, oil, or gas.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-402" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <text>The title to any area of water or land acquired by purchase, gift, or condemnation shall be taken in the name of the State for the Department’s use. The entire control of the area of water or land shall be under the State’s direction. The Secretary may expend from the State Fisheries Management and Protection Fund any amount necessary to purchase or condemn an area of water or land.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-403" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <level label="a"> <text>If the Department considers it in the State’s best interest and the Governor consents, it may exchange any area of water or land or part it owns, together with any improvement on it, for any privately owned area of water or land equal to or greater in value than the area of water or land the Department exchanges and adapts for fish refuge and management. Also, the Department may sell any area of water or land or part it owns to the person who offers the highest price.</text> </level> <level label="b"> <text>The Department may use the acquired area of water or land as a State park.</text> </level> <level label="c"> <text>The Attorney General shall prepare any deed necessary to complete the exchange or sale of the area of water or land. The Secretary shall execute the deed. The proceeds of any sale shall be deposited with the State Comptroller and placed to the credit of the State Fisheries Management and Protection Fund.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-404" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <text>An acquired area of water or land may be used to create and maintain State fish refuges, or for fish management. The Department may grant a right-of-way on or across any acquired area of water or land if the grant does not adversely affect the protection and management of fish. The Department may appoint a caretaker of the area of water or land and make an agreement with the caretaker for proper care and management of the fish refuge.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-405" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <text>The Department may establish and maintain any State fish refuge to protect and propagate fish throughout the State. The Department may locate, with the consent of the Governor and of the superintendent in charge of any federally or State–owned area of water or land, any State fish refuge on State–owned or federally–owned water or land. The boundaries of each fish refuge shall be clearly marked. At each refuge boundary, a notice shall be posted in a conspicuous place informing the public the area of water or land is a “State fish refuge – fishing is unlawful”, and any other information or rules and regulations the Department considers advisable.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-406" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <level label="a"> <text>If a person who owns or controls any suitable area of water or land desires to have it set aside as a fish refuge, he may apply to the Department, giving a description of the area of water or land, including a specific location, map, or sketch showing an outline of the area of water or land and the location of any structure or improvement, and the nature of the area of land or water, such as woodland, abandoned farmland, or cultivated land, or lake, pond, marsh, or impounded stream.</text> </level> <level label="b"> <text>The Department may examine the area of water or land to determine if it is suitable for fish protection and management. If the area of water or land is acceptable as a fish refuge, the Department shall notify the owner of this fact. The owner shall sign a lease vesting the State with every fishing right in the area without charge. The lease also shall provide that neither the owner, his family, agents, tenants, nor any other person may fish in the area of water or land and that, he will make every effort to protect the fish refuge from forest fires, fishing, or any violation of any State conservation law. The lease or agreement shall continue in force for an uninterrupted period of at least 5 years.</text> </level> <level label="c"> <text>If the person who owns or controls the area of water or land named in any lease on which there is no charge sells the area of water or land, the area is released from the operation of the lease unless the purchaser agrees to allow it to remain under the lease. Either the Department or the owner of the area of water or land may rescind any lease for which there is no charge made pursuant to this section after giving 90 days written notice of intent to terminate the lease to the other party.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-407" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <text>The Department may adopt and promulgate, and post, rules and regulations for the proper use and administration of any State fish refuge it controls or owns.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-408" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <text>The Department may erect and maintain any suitable fish hatchery, nursery, pond, or rearing station to propagate fish in order to manage the waters of the State. Hatcheries, nurseries, ponds, and rearing stations shall be maintained by Department funds.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-409" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <text>The Department may catch any game and freshwater fish from the waters of the State, including any pond, lake, or canal, publicly or privately owned, in order to propagate in captivity and distribute into public waters brood stock, fry, or fingerlings to manage the fish.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-410" title_number="4" title_name="Fish and Fisheries" subtitle_number="4" subtitle_name="State Fish Refuges and Hatcheries in Tidal and Nontidal Water"> <level label="a"> <text>This section is intended to protect the State in its objective to propagate and manage fish on fish refuges, lands, and waters controlled by the Department.</text> </level> <level label="b"> <text>An unauthorized person may not enter or trespass on or destroy, deface, or damage any fish refuge or lands acquired for fish ponds or hatcheries without the consent of the Department. A person may not allow any dog, domestic stock, or poultry to enter on any State fish refuge.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-501" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>An obstruction may not be placed at the mouth of any creek, cove, or inlet, or across any stream, so as to impound any fish and prevent its free passage to and from the water or its free access up and down the stream. However, a dam may be erected if fish ladders are maintained in accordance with the provisions of this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-502" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <level label="a"> <text>Every owner of a dam on waters of the State shall construct on the dam and keep repaired at least one fish ladder if the Department deems it necessary for ascending and descending of fish. Every fish ladder shall be constructed to allow anadromous fish free course up and down the waters at all times.</text> </level> <level label="b"> <text>Any person intending to construct a dam on waters of the State shall file an application with the Department. Each application shall contain sufficient information to enable the Department to determine the necessity for constructing a fish ladder. The Department shall advise the applicant of its determination.</text> </level> <level label="c"> <text>The Department and any other unit having jurisdiction shall approve the construction plan before the dam is constructed.</text> </level> <level label="d"> <text>If the owner, operator, or lessee of a dam entered into an agreement prior to July 1, 1955, to pay the State an annual periodic sum of money instead of being required to erect a fish ladder or instead of being required to construct and maintain any fish way or fish ladder pursuant to the provisions contained in any charter previously granted to any corporation by any special or general State law, the provisions of the charter or agreement remain in effect. The amount of money paid to the State during each year may not be less than four and one-half percent of the estimated cost to erect the fish ladder, but not to exceed $4,000 annually. Any money paid to the Department shall be used to manage, rear, and distribute the fish actually placed in the water and to acquire any necessary facility for these purposes. One half of the funds received on behalf of the Conowingo Dam across the Susquehanna River shall be credited to the State Fisheries Management and Protection Fund.</text> </level> <level label="e"> <text>The provisions of this section do not change any term, condition, or obligation imposed by a contract in force prior to July 1, 1955, between the owner of any dam and the State.</text> </level> <level label="f"> <text>On application of the Department, verified by oath or affirmation, the circuit court for any county, sitting in equity, may enforce by injunction compliance with, or restraint from violating or attempting to violate, any provision of this section.</text> </level> <level label="g"> <text>The Department shall investigate every violation of this section. If any person obstructs a stream by failing to make or keep in repair any fish ladder on the dam, the Department shall serve notice in writing on him requiring that he make or keep in repair the necessary fish ladder. The notice shall specify the penalty for the failure to act within its time limit. Any person who violates the notice is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $300, or imprisonment not exceeding three years, or both, with costs imposed in the discretion of the court. A separate offense exists on each day the person violates the notice. If the fine is imposed by the circuit court for any county, the fine when collected shall be remitted to the Department.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-503" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>A person may not place, throw, or make use of any dynamite or other explosive substance in any water in the State, except for engineering, milling, or mining purposes. Any person who violates this section is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $300 or imprisonment not exceeding three years, or both, with costs imposed in the discretion of the court.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-504" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>A person may not whip or beat any waters of the State with a pole, stick, or any other thing in order to drive fish into any device for catching fish. In Kent County and Queen Anne’s County, this section applies only to waters of the Sassafras River and its tributaries.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-505" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>A person may not molest, disturb, destroy, or catch and carry away fish belonging to another person from any boat, live box, crab pot, trot line, or the pocket or crib of any pound net or enclosed or gilled in any fish net of any kind, or take or carry away any net or gear belonging to another person used in catching fish. This section does not apply directly or indirectly to seine haulers actually engaged in laying and taking up nets when making a haul.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-506" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>A person may not fasten, tie, or anchor any boat to or in any other way interfere with any other person’s fishing nets, stakes, or other personal property in or close to the waters of the State.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-506.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <level label="a"> <text>While on private or public land, or Maryland waters, a person may not for the purpose of disrupting a lawful fishing activity:</text> <level label="1"> <text>Interfere intentionally with the lawful taking of fish or other marine life by another person;</text> </level> <level label="2"> <text>Intentionally harass, drive, or disturb any fish for the purpose of disrupting a lawful fishing activity;</text> </level> <level label="3"> <text>Intentionally block, impede, harass, or disturb a person engaged in a lawful fishing activity;</text> </level> <level label="4"> <text>Intentionally deny passage by creating or erecting barriers on public property or on private property without the landowner’s prior permission to areas where a lawful fishing activity is permitted; or</text> </level> <level label="5"> <text>Intentionally hinder a lawful fishing activity by placing obstacles or objects in waters of the State.</text> </level> </level> <level label="b"> <text>The conduct declared unlawful in this section does not include any incidental interference arising from lawful activity by private land users or users of land managed by the Department, including farmers, miners, or persons engaged in recreation.</text> </level> <level label="c"> <text>A Natural Resources police officer or other police officer of the State who has probable cause to believe that a person has violated this section may:</text> <level label="1"> <text>Order the person to desist or to leave the area; or</text> </level> <level label="2"> <text>Arrest the person who refuses to desist or to leave the area.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-507" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>A person may not sink any obstruction in the berth or haul of any fishery, or deliberately interfere with the operation of a haul seine after it has been set and is being hauled.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-508" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>A skipper, captain or other person commanding a vessel, float, or boat may not pass knowingly, wantonly, maliciously, or as a result of gross negligence, through any net lawfully placed and marked. Any person who violates this section is guilty of a misdemeanor and upon conviction is subject to a fine equal to the damages suffered by the owner or occupier of the fishery, and court costs.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-509" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>A person may not use or attempt to use any electronic device on any boat in the waters of the State or on any aircraft within the State, or use or attempt to use any aircraft, to detect the presence of finfish for any purpose. However, fishermen may use depth finders from boats to detect the presence of finfish. A person also may not use or attempt to use any device that may lure finfish by electrical impulses. This section does not prohibit the Department from using any electronic or electrical device for scientific research, law enforcement or other purpose, nor prohibit use of a fathometer or depth recorder for navigational purposes. Any person who violates this section is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-510" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>A person may fish with a speargun and spear in the waters of the State only under the rules and regulations, and control of the Department. A speargun as used in this section means any type of device used for propelling a spear underwater by any means other than manual in order to catch fish.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-511" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>A person other than a duly authorized officer of the Department may not move, destroy, or deface any State buoy, marker, or monument placed in the waters of the State, or fasten, tie, or anchor any boat to it.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-512" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>During the open season for migratory waterfowl, a person may not fish by any means within 500 yards of any stationary blind or blind site which is occupied and is being used for hunting migratory waterfowl.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-513" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>Consistent with the requirements of any license issued by the federal Energy Regulatory Commission, a person who owns or operates a dam or obstruction on the waters of the State used for the generation of electric power and the Secretary shall cooperate to ensure the release of a sufficient flow of impounded water to maintain both water quality and aquatic habitat below the dam or obstruction.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-514" title_number="4" title_name="Fish and Fisheries" subtitle_number="5" subtitle_name="Obstructing the Passage of Fish; Interference With Nets and Fishing, and Other Prohibitions Generally"> <text>Except during an emergency, a person may not fasten, tie, or anchor a boat to another person’s commercial fishing equipment or device including the hedging, stakes, buoys, or anchors of the equipment or device.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-601" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <text>“Angling” means catching or attempting to catch fish by hook and line, with the line held in hand, attached to a pole or rod held in hand, or attended in a manner that the fish voluntarily takes bait or lure in its mouth.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-602" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <text>With due regard for distribution, abundance, economic value, and breeding habits of fish in nontidal waters, the Secretary may adopt rules and regulations to extend, restrict, or prohibit catching, possessing, purchasing, transporting, or exporting fish from nontidal waters.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-603" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <text>Pursuant to § 4–602 of this subtitle, the Department shall establish open seasons for catching species of game and freshwater fish in nontidal waters.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-604" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <level label="a"> <text>This section provides a fund to pay the expense of protecting and managing game and freshwater fish and preventing unauthorized persons from fishing or attempting to fish for any game and freshwater fish without first procuring an angler’s license.</text> </level> <level label="b"> <text>Any person 16 years old or older shall secure an angler’s license to fish in the nontidal waters of the State. An angler’s license entitles the holder to fish in the nontidal waters of the State only during the open season.</text> </level> <level label="c"> <text>An angler’s license is not required of the following:</text> <level label="1"> <text>The owner or tenant of land bordering on nontidal water, his spouse and children, or the spouse of any child who resides on the land with the owner or tenant when he fishes in nontidal water adjoining his land;</text> </level> <level label="2"> <text>Any resident who is an active service member, while on leave in the State, during the resident’s leave period, if, while angling, the resident possesses a copy of the resident’s official leave order;</text> </level> <level label="3"> <text>A person who fishes in nontidal waters of the State on free fishing days designated by the Secretary;</text> </level> <level label="4"> <text>A person holding a current resident consolidated senior sport fishing license issued under § 4–216 of this title;</text> </level> <level label="5"> <text>A person fishing in a free fishing area established under § 4–214(b)(2) of this title; or</text> </level> <level label="6"> <text>A person authorized by a disability exemption issued under § 4–217 of this title.</text> </level> </level> <level label="d"> <text>A person who wishes to obtain an angler’s license shall complete and submit an application to the Department or to any person designated by the Department to issue an angler’s license.</text> </level> <level label="e"> <level label="1"> <text>An applicant for a license issued under this section:</text> <level label="i"> <text>Shall provide all the information requested by the Department; and</text> </level> <level label="ii"> <text>May not willfully make a false statement or representation to the Department on the application.</text> </level> </level> <level label="2"> <text>The Department shall require an applicant for a license under this section to provide the last four digits of the applicant’s Social Security number, if the applicant has a Social Security number.</text> </level> </level> <level label="f"> <level label="1"> <text>Subject to paragraph (3) of this subsection, the following annual license fees shall apply:</text> <level label="i"> <text>Resident ……………………………………………………... $32</text> </level> <level label="ii"> <text>Subject to paragraph (2)(ii) of this subsection, short–term license valid for 7 consecutive days from date of issuance ………………………….... $16</text> </level> <level label="iii"> <text>Resident and nonresident blind persons ………..…… No fee</text> </level> <level label="iv"> <text>Complimentary license …………………..…………….. No fee</text> </level> </level> <level label="2"> <text>For a nonresident:</text> <level label="i"> <text>The fee for an annual angler’s license is the greater of:</text> <level label="1"> <text>$55; or</text> </level> <level label="2"> <text>A fee equal to the fee charged a Maryland resident by the nonresident’s home state for a similar license; and</text> </level> </level> <level label="ii"> <text>The fee for a short–term license valid for 7 consecutive days from the date of issuance is the greater of:</text> <level label="1"> <text>$45; or</text> </level> <level label="2"> <text>A fee equal to the fee charged a Maryland resident by the nonresident’s home state for a license that permits an equal number of days of fishing or the next higher number of days as permitted by the Maryland license.</text> </level> </level> <level label="iii"> <text>The fee for a short–term license valid for 3 consecutive days from the date of issuance is the greater of:</text> <level label="1"> <text>$35; or</text> </level> <level label="2"> <text>A fee equal to the fee charged a Maryland resident by the nonresident’s home state for a license that permits an equal number of days of fishing or the next higher number of days as permitted by the Maryland license.</text> </level> </level> </level> <level label="3"> <text>The Department shall implement a program to provide discounted angler’s licenses and trout stamps to Maryland residents who are recipients of the Purple Heart Award.</text> </level> <level label="4"> <level label="i"> <text>All fees collected by the Department under this section may only be used in accordance with § 4–208 of this title.</text> </level> <level label="ii"> <text>The Department shall publicly report annually the amounts collected and the expenditures under this section.</text> </level> </level> </level> <level label="g"> <text>A person designated to sell an angler’s license shall issue the license and collect the fee prescribed in subsection (f) of this section. The collected money shall be transmitted to the Department as prescribed by the Department. As compensation, the agent shall retain $1 for each license issued.</text> </level> <level label="h"> <level label="1"> <text>Every angler’s license shall be valid for 1 year following the date of issuance.</text> </level> <level label="2"> <text>The license may not be transferred to another person, nor used or presented by any person other than the person to whom it was issued.</text> </level> </level> <level label="i"> <text>Every person licensed under this section shall submit any report the Department requires in accordance with Department regulations.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-606" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <level label="a"> <level label="1"> <text>A resident of Virginia possessing a valid Virginia fishing license issued in that resident’s name may fish in nontidal waters of the Potomac River opposite the shore of Virginia without obtaining a Maryland angler’s license.</text> </level> <level label="2"> <text>This subsection is only effective if Virginia enters into and maintains a reciprocal agreement with the Department, approved by the Secretary, which allows a person possessing a valid Maryland angler’s license issued in that person’s name to fish from the Virginia banks of the Potomac River opposite the shore of Maryland without acquiring a Virginia fishing license.</text> </level> </level> <level label="b"> <level label="1"> <text>A resident of West Virginia possessing a valid West Virginia fishing license issued in that resident’s name may fish in nontidal waters of the Potomac River opposite the shore of West Virginia, including the North Branch of the Potomac River and the Jennings Randolph Reservoir, without obtaining a Maryland angler’s license.</text> </level> <level label="2"> <text>This subsection is only effective if West Virginia enters into and maintains a reciprocal agreement with the Department, approved by the Secretary, which allows a person possessing a valid Maryland angler’s license issued in that person’s name to fish from the West Virginia banks of the Potomac River opposite the shore of Maryland, including the North Branch of the Potomac River and the Jennings Randolph Reservoir, without acquiring a West Virginia fishing license.</text> </level> </level> <level label="c"> <level label="1"> <text>A resident of Pennsylvania possessing a valid Pennsylvania fishing license issued in that resident’s name may fish in the waters of the Conowingo and Youghiogheny Reservoirs without obtaining a Maryland angler’s license.</text> </level> <level label="2"> <text>This subsection is effective only if Pennsylvania first enters into and maintains a reciprocal agreement with the Department, approved by the Secretary, which allows a person possessing a valid Maryland angler’s license issued in that person’s name to fish on the portion of the Conowingo and Youghiogheny Reservoirs lying within the boundaries of Pennsylvania without acquiring a Pennsylvania fishing license.</text> </level> </level> <level label="d"> <level label="1"> <text>The reciprocal fishing privileges granted by this section to a Pennsylvania resident holding a valid fishing license from Pennsylvania are valid only for the Conowingo and Youghiogheny Reservoirs.</text> </level> <level label="2"> <text>The reciprocal fishing privileges granted by this section to a West Virginia resident holding a valid fishing license from West Virginia are valid only for the main stem of the Potomac River, the North Branch of the Potomac River, and the Jennings Randolph Reservoir opposite the shore of West Virginia.</text> </level> <level label="3"> <text>The reciprocal fishing privileges granted by this section to a Virginia resident holding a valid fishing license from Virginia are valid only for the main stem of the Potomac River opposite the shore of Virginia.</text> </level> </level> <level label="e"> <text>If a state fails to maintain the reciprocal fishing privileges in accordance with an approved agreement, the Secretary may revoke the reciprocal fishing privileges accorded to those holding licenses issued by that state by publishing a notice of revocation in the Maryland Register and notifying the head of the appropriate licensing agency for that state.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-607" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <level label="a"> <level label="1"> <text>The Department may issue annually a complimentary angler’s license to the President of the United States, the governor of any state, and any official of the game and fish department of any other state.</text> </level> <level label="2"> <text>The Department may issue a lifetime complimentary angler’s license to any Maryland resident who certifies that the resident is:</text> <level label="i"> <text>A former prisoner of war;</text> </level> <level label="ii"> <text>An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or</text> </level> <level label="iii"> <text>A 100% service connected disabled American veteran.</text> </level> </level> <level label="3"> <text>The Department may issue a lifetime complimentary angler’s license to an out–of–state person:</text> <level label="i"> <text>Who certifies that the person is:</text> <level label="1"> <text>A former prisoner of war;</text> </level> <level label="2"> <text>An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or</text> </level> <level label="3"> <text>A 100% service connected disabled American veteran; and</text> </level> </level> <level label="ii"> <text>Whose state of residence extends similar privileges to former prisoners of war, American veterans who the U.S. Department of Veterans Affairs determines are unemployable, or 100% service connected disabled American veterans of this State.</text> </level> </level> </level> <level label="b"> <text>Not more than 20 complimentary angler’s licenses for each state other than Maryland shall be outstanding at any time.</text> </level> <level label="c"> <text>A complimentary angler’s license is not transferable and shall be issued without a fee.</text> </level> <level label="d"> <text>For the purposes of this section, “former prisoner of war” means a person who, while an active service member, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-608" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <text>Any money the Department receives for angler’s licenses shall be accounted for by the Department to the State Treasurer. The amount the Treasurer receives shall be placed to the credit of angler’s licenses in the State Fisheries Management and Protection Fund, and the Treasurer shall pay out of it on warrant of the Comptroller upon requisition of the Department.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-610" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <text>A person shall possess his angler’s license while angling in nontidal waters and, upon demand, shall exhibit the license to any Natural Resources police officer, law enforcement officer, or landowner or his representative.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-611" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <level label="a"> <text>Any person engaged in a retail business who desires to sell angler’s licenses as an agent under the Department’s control and supervision shall apply to the Department and provide a bond or other security deemed sufficient and adequate by the Department to ensure payment for the licenses.</text> </level> <level label="b"> <text>License fees collected by an agent shall be forwarded to the Department on a schedule and in a manner prescribed by the Department.</text> </level> <level label="c"> <level label="1"> <text>An agent may not make any false statement concerning any date of issuance or other license data.</text> </level> <level label="2"> <text>An agent may not issue any license without receiving the license fees required by law.</text> </level> </level> <level label="d"> <text>In addition to any other penalty provided for in this title, any agent convicted of violating this section shall lose the agent’s privileges.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-612" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <text>If any person, convicted of violating § 4-610 of this subtitle under any penalty provided in this title, presents his angler’s license to the court within five days after his conviction, the court, if it determines the person held the license prior to his arrest and violation was due to inadvertence, may reduce by half any penalty originally imposed.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-613" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <level label="a"> <text>The Department may suspend a person’s angler’s license if it is transferred to another person or used or presented to a law enforcement officer by a person other than the person to whom it was issued, pending the disposition of a criminal proceeding against the other person.</text> </level> <level label="b"> <text>In addition to any penalty provided in this title, if any person is convicted of fishing without a proper angler’s license in his possession, or using another person’s angler’s license, the angler’s license shall be rendered void. The person upon whom the angler’s license is found and the licensee may not procure an angler’s license for 1 year following the date of conviction. However, the provisions of this section do not apply to a licensee who does not knowingly give his license to another.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-614" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <level label="a"> <level label="1"> <text>The Department shall adopt regulations to establish fishing areas where a trout stamp is required.</text> </level> <level label="2"> <text>Except as provided in paragraph (3) of this subsection, a person may not fish or possess trout in an area established in paragraph (1) of this subsection unless the person first obtains a trout stamp in addition to an angler’s license.</text> </level> <level label="3"> <text>A trout stamp is not required of the following:</text> <level label="i"> <text>A holder of a lifetime complimentary angler’s license issued under § 4–607(a)(2) or (3) of this subtitle;</text> </level> <level label="ii"> <text>A person authorized by a disability exemption issued under § 4–217 of this title;</text> </level> <level label="iii"> <text>Any resident serving in the uniformed services while on leave in the State, during the resident’s leave period, if, while angling, the resident possesses a copy of the resident’s official leave order; or</text> </level> <level label="iv"> <text>A person under 16 years of age.</text> </level> </level> <level label="4"> <text>The stamp may be obtained from the Department or an authorized agent of the Department.</text> </level> </level> <level label="b"> <text>A person is not required to have a trout stamp to possess trout taken from:</text> <level label="1"> <text>Any privately owned lake or pond that is stocked with trout artificially propagated by commercial hatcheries or purchased from persons licensed to sell fish; or</text> </level> <level label="2"> <text>Any fee fishing lake or pond operated under § 4–11A–20 of this title.</text> </level> </level> <level label="c"> <text>The following annual trout stamp fees shall apply:</text> <level label="1"> <text>Resident……………………………………………………………… $20</text> </level> <level label="2"> <text>Nonresident…………………………………………………..…..…. $30</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-616" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <text>The Department shall set annually by rule or regulation the daily creel, possession, and size limits, for game and freshwater fish. The Department shall publish the rule or regulation by October 25 for the ensuing year.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-617" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <level label="a"> <text>The Department may regulate, supervise, and control ice–fishing.</text> </level> <level label="b"> <text>White shad, hickory shad, and herring may be caught or taken only by angling, unless otherwise provided.</text> </level> <level label="c"> <text>A person may catch large or small mouth black bass from nontidal waters of the State only by angling. An artificial lure is legal.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-625" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <level label="a"> <text>A person may not build, construct, have constructed, or place any wharf, pier, dock, float, or any projection along or running into or over the waters of Deep Creek Lake without first obtaining a written permit from the Department and the lessors of the area.</text> </level> <level label="b"> <text>The Department, for proper fish management, may close as many as three tributaries to the lake for their length, at any one time, or prohibit fishing during the period between one hour after sunset and half an hour before sunrise if necessary to police the area properly.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-627" title_number="4" title_name="Fish and Fisheries" subtitle_number="6" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Nontidal Waters"> <text>A person may not catch or possess any game and freshwater fish except during the period and in the manner provided in this subtitle, unless changed by rule or regulation the Department promulgates.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-701" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>Except as provided in §§ 4–701.1 and 4–701.2 of this subtitle, this section applies to any person who is required under this subtitle or Subtitle 2, 8, 9, or 10 of this title to be licensed to guide fishing parties or to catch, sell, buy, process, transport, export, or otherwise deal in fish caught in tidal waters.</text> </level> <level label="b"> <level label="1"> <text>Except as provided in §§ 4–701.1 and 4–701.2 of this subtitle, the Department shall utilize a single, commercial license, to be known and designated as a tidal fish license.</text> </level> <level label="2"> <text>A tidal fish license authorizes a licensee:</text> <level label="i"> <text>To engage in each activity indicated on the license; and</text> </level> <level label="ii"> <text>For catching blue crabs, to utilize the number of crew members authorized under § 4–814 of this title.</text> </level> </level> <level label="3"> <text>Except for a person receiving a license as a beneficiary of a deceased licensee under subsection (k)(4)(i) of this section, the Department may not issue a tidal fish license to an individual who is younger than 14 years of age.</text> </level> <level label="4"> <text>A person may not guide fishing parties or catch, sell, buy, process, transport, export, or otherwise deal in fish caught in tidal waters unless licensed under this section.</text> </level> </level> <level label="c"> <level label="1"> <text>The license year for every tidal fish license shall be 12 months from September 1 through August 31 of the following year.</text> </level> <level label="2"> <text>A licensee and crew members may engage only in those activities for which the annual fees for that license year have been paid.</text> </level> </level> <level label="d"> <level label="1"> <text>The Department may issue no more than one authorization to a person to engage in each activity under paragraph (2)(ii)1 and 2 of this subsection during a license year.</text> </level> <level label="2"> <level label="i"> <text>On a tidal fish license, the Department may issue an authorization for any of the following activities for which the indicated fee has been paid.</text> </level> <level label="ii"> <text>The following annual fees for an authorization shall apply regardless of when the license is issued or an activity is authorized:</text> <level label="1"> <text>To provide services as:</text> </level> <level label="A"> <text>A fishing guide in the tidal waters of Maryland – $100 for a resident and $200 for a nonresident; and</text> </level> <level label="B"> <text>A master fishing guide, in addition to the fee under item A of this item – $100 per vessel;</text> </level> <level label="2"> <text>To catch for sale fish with equipment which is legal under this title:</text> </level> <level label="A"> <text>Finfish:</text> </level> <level label="I"> <text>Hook and line only, anywhere – $100; and</text> <text>II. All other equipment – $150;</text> </level> <level label="B"> <text>Blue crabs:</text> </level> <level label="I"> <text>Up to 50 pots, trotlines, nets, dip nets, traps, pounds, and scrapes – $100; and</text> <text>II. Over 50 pots, plus any other gear listed in item I of this item – $150;</text> </level> <level label="C"> <text>Clams – $100;</text> </level> <level label="D"> <text>Oysters – $250 for a dredge boat and $100 for other than a dredge boat;</text> </level> <level label="E"> <text>Conch, turtles, lobster, and all crabs of the genus Cancer – $100; and</text> </level> <level label="F"> <text>For all activities in item 1A of this subparagraph and in items A through E of this item, unlimited tidal fish – $300;</text> </level> <level label="3"> <text>For one or two crew members employed under § 4–814 of this title to enable a licensee to catch blue crabs under item 2BII and F of this subparagraph with more than 300 pots, the licensee shall pay an additional:</text> </level> <level label="A"> <text>$100 for up to 600 pots total per vessel; or</text> </level> <level label="B"> <text>$150 for up to 900 pots total per vessel;</text> </level> <level label="4"> <text>For a person to buy, process, pack, resell, market or otherwise deal in fish caught in the tidal waters of Maryland, seafood dealer:</text> </level> <level label="A"> <text>$50 for a person licensed under item 2 of this subparagraph or § 4–701.1 or § 4–701.2 of this subtitle; or</text> </level> <level label="B"> <text>$250 for a person not licensed under item 2 of this subparagraph; and</text> </level> <level label="5"> <text>For a person who is not licensed under this section to land fish caught in out–of–state tidal waters, seafood landing – $350.</text> </level> </level> </level> </level> <level label="e"> <level label="1"> <text>Before catching fish for sale under an authorization issued under subsection (d)(2)(ii)2 of this section, a tidal fish licensee shall obtain a harvester registration from the Department.</text> </level> <level label="2"> <text>The annual fee for a harvester registration is $215.</text> </level> <level label="3"> <text>A harvester registration is nontransferable.</text> </level> </level> <level label="f"> <text>For a tidal fish license, the Department may issue a permit for any of the following activities for which the indicated annual fee has been paid:</text> <level label="1"> <text>To catch for sale:</text> <level label="i"> <text>Striped bass:</text> <level label="1"> <text>$200 for a licensee authorized under subsection (d)(2)(ii)2A of this section; or</text> </level> <level label="2"> <text>$150 for a licensee authorized under subsection (d)(2)(ii)2F of this section;</text> </level> </level> <level label="ii"> <text>Yellow perch: $25;</text> </level> <level label="iii"> <text>Horseshoe crab: $25;</text> </level> <level label="iv"> <text>Black sea bass: $25;</text> </level> <level label="v"> <text>Summer flounder: $25; or</text> </level> <level label="vi"> <text>Snapping turtle: $25.</text> </level> </level> <level label="2"> <text>The Department may establish by regulation a permit and an annual permit fee not exceeding $25 for any species not subject to a permit under this subsection.</text> </level> </level> <level label="g"> <level label="1"> <level label="i"> <text>A person may not catch oysters for sale without:</text> <level label="1"> <text>Possessing a valid license under this section;</text> </level> <level label="2"> <text>Paying an annual surcharge of $300; and</text> </level> <level label="3"> <text>Certifying to the Department that the person received the publications required under § 4–1006.2 of this title.</text> </level> </level> <level label="ii"> <text>The Department shall use the surcharges collected under this paragraph only for oyster repletion activities.</text> </level> </level> <level label="2"> <text>In addition to the normal license fees imposed under subsection (d)(2)(ii)2 and 4 of this section, a licensee shall pay to the Department an annual surcharge in the following amounts to be credited to the Seafood and Aquaculture Products Marketing Fund established under § 10–1002 of the Agriculture Article:</text> <level label="i"> <text>To fund only the marketing of wild–caught seafood, $20 for a licensee authorized under subsection (d)(2)(ii)1, 2, 3, or 5 of this section, if the licensee is not also authorized under subsection (d)(2)(ii)4 of this section; or</text> </level> <level label="ii"> <text>To fund only the marketing of wild–caught seafood and aquaculture products, $50 for a licensee authorized under subsection (d)(2)(ii)4 of this section, regardless of whether the licensee is also authorized under subsection (d)(2)(ii)1, 2, 3, or 5 of this section.</text> </level> </level> <level label="3"> <level label="i"> <level label="1"> <text>In this paragraph, “fishing activities” means those activities that are directly related to catching fish.</text> </level> <level label="2"> <text>“Fishing activities” does not include the activities of buying, selling, processing, transporting, exporting, or similarly dealing in fish.</text> </level> </level> <level label="ii"> <text>For every nonresident license issued under this subtitle and Subtitles 8 and 9 of this title, except under subsection (d)(2)(ii)1A of this section, the Department shall assess an annual surcharge in addition to the normal license fees imposed by this subsection, which shall be the greater of:</text> <level label="1"> <text>An amount equal to the difference between the total fees charged to a Maryland resident engaged in like fishing activities in the state of residence of the nonresident applicant and the total of normal license fees for fishing activities in Maryland; or</text> </level> <level label="2"> <text>$450.</text> </level> </level> </level> </level> <level label="h"> <text>The Department may assess annually on every person licensed under subsection (d)(2)(ii)2 of this section a surcharge for the costs incurred by the Department for:</text> <level label="1"> <text>Fish tags issued to the licensee; and</text> </level> <level label="2"> <text>The use by a licensee of a hailing system.</text> </level> </level> <level label="i"> <level label="1"> <text>The Department shall accept applications for new authorizations to participate in fishing activities under subsection (d)(2)(ii)1 or 2 of this section from qualified persons and maintain a waiting list of candidates for each fishing activity in order of the date and time that applications are received.</text> </level> <level label="2"> <text>An applicant for a license to provide services as a commercial fishing guide in tidal waters of the State shall supply as part of the application verifiable references to any federal license that is issued by the U.S. Coast Guard to operate a vessel carrying passengers for hire in the applicant’s name, as a condition precedent to engaging as a commercial fishing guide in tidal waters.</text> </level> </level> <level label="j"> <level label="1"> <text>The Department may set by regulation targets for the number of tidal fish license authorizations under subsection (d)(2)(ii) of this section to be the number issued between September 1, 1998, and March 31, 1999. The Department may modify by regulation the target number of authorizations based on:</text> <level label="i"> <text>Recommendations of the Tidal Fisheries Advisory Commission;</text> </level> <level label="ii"> <text>Recommendations of fishery management plans adopted by the Department, the Chesapeake Bay Program, the Atlantic States Marine Fisheries Commission, the Mid–Atlantic Fisheries Management Council, or any other appropriate management body;</text> </level> <level label="iii"> <text>The number of people historically participating;</text> </level> <level label="iv"> <text>Target species, size, number, weight, incidental catch, total biomass, annual harvest, mortality rates, and other factors which are necessary and appropriate; and</text> </level> <level label="v"> <text>The number of authorizations relinquished to the Department under subsection (m) of this section.</text> </level> </level> <level label="2"> <level label="i"> <text>The Department shall by regulation limit the total number of commercial authorizations to fish for striped bass not to exceed 1,231 participants in the commercial fishery and 499 participants in the charter boat fishery.</text> </level> <level label="ii"> <text>The Department shall provide in its regulations for reallocation of any authorizations that may be revoked or voluntarily relinquished to the Department.</text> </level> <level label="iii"> <text>The Department shall provide in its regulations for the allocation of any available quota on a monthly basis to ensure that all areas of the State have ample opportunity to attain an equitable portion of the available quota.</text> </level> </level> </level> <level label="k"> <level label="1"> <text>A license or authorization may be transferred only under the provisions of this subsection.</text> </level> <level label="2"> <text>A person who desires to obtain a license or authorization by transfer under this subsection shall, for each license or authorization applied for:</text> <level label="i"> <text>Pay a $50 application fee; and</text> </level> <level label="ii"> <text>Submit a completed application to the Department.</text> </level> </level> <level label="3"> <text>The Department shall review and may approve the permanent transfer of a license or an authorization to a person who is the licensee’s spouse, daughter, son, stepchild, grandchild, stepgrandchild, parent, sister, brother, grandparent, aunt, uncle, niece, nephew, father–in–law, mother–in–law, son–in–law, daughter–in–law, sister–in–law, or brother–in–law.</text> </level> <level label="4"> <level label="i"> <text>On the death of a licensee, the Department shall review and may approve the permanent transfer of a license or authorization to the person indicated on the beneficiary form submitted by the deceased licensee.</text> </level> <level label="ii"> <text>The personal representative of the estate of the deceased licensee may retain the license or authorization for 2 years from the date of appointment as personal representative if:</text> <level label="1"> <text>The deceased licensee did not indicate a license beneficiary;</text> </level> <level label="2"> <text>The Department determines that the license beneficiary is not qualified to receive the license or authorization; or</text> </level> <level label="3"> <text>The license beneficiary does not accept the license or authorization.</text> </level> </level> <level label="iii"> <text>On appointment, the personal representative shall notify the Department of the appointment and the intent to retain the license or authorization.</text> </level> <level label="iv"> <text>A license or authorization retained under this paragraph may be renewed annually as required by this title.</text> </level> <level label="v"> <text>Before the end of the 2–year period, the personal representative may submit a completed transfer application to transfer the license or authorization to a qualified individual.</text> </level> <level label="vi"> <text>If a license or authorization is not transferred under subparagraph (i) of this paragraph, and a transfer application is not submitted under subparagraph (ii) of this paragraph, the license or authorization is void.</text> </level> <level label="vii"> <text>A person may not operate under the license or authorization of the deceased licensee without approval of the application by the Department.</text> </level> </level> <level label="5"> <level label="i"> <text>Twice per license year, the Department may approve a temporary transfer of a license or authorization for not more than the remainder of the license year.</text> </level> <level label="ii"> <text>A temporary transferee who is convicted or receives an accepted plea of nolo contendere for a violation of federal or State fisheries law that results in a license suspension or revocation may not engage in that fishing activity or receive a transfer of a tidal fish license during the period of suspension or revocation.</text> </level> </level> <level label="6"> <text>The Department may approve the permanent transfer of a license or authorization under this subsection from a person who has held a valid tidal fish license for at least 2 years to a person who provides a notarized bill of sale for the license or authorization being transferred.</text> </level> <level label="7"> <level label="i"> <text>Except for a fishing guide licensee or a master fishing guide licensee, a licensee may allow one individual to use the licensee’s commercial fishing vessel to engage in activities authorized under the license if:</text> <level label="1"> <text>The licensee’s commercial fishing vessel number is registered on the license; and</text> </level> <level label="2"> <text>The licensee has identified the assigned individual to the Department on a form provided by the Department.</text> </level> </level> <level label="ii"> <text>A licensee may change the assignment once per license year.</text> </level> <level label="iii"> <text>If a licensee allows an individual to utilize a vessel under this paragraph, the individual and the licensee shall be held responsible for any violations committed by the individual using the vessel.</text> </level> </level> </level> <level label="l"> <level label="1"> <text>Notwithstanding the qualification criteria for a license and authorization to engage in an activity under this section, licensees may renew a harvester registration and any valid existing authorizations on their licenses annually.</text> </level> <level label="2"> <level label="i"> <text>Application to renew a tidal fish license shall be made not later than August 31, or the next business day in the instance that the Department is not open, for the following license year.</text> </level> <level label="ii"> <text>The Department may not accept application for renewal after that date, as stated in subparagraph (i) of this paragraph unless:</text> <level label="1"> <text>Application is made by March 31, or the next business day in the instance that the Department is not open, of the following license year;</text> </level> <level label="2"> <text>The applicant shows good cause why application was not made by August 31 of the previous license year; and</text> </level> <level label="3"> <text>A late fee of $50 is paid by the applicant in addition to the license fee.</text> </level> </level> </level> </level> <level label="m"> <level label="1"> <level label="i"> <text>A licensee who possesses an unlimited tidal fish license under subsection (d)(2)(ii)2F of this section may relinquish the unlimited tidal fish license and receive one or more authorizations under subsection (d)(2)(ii)1A through E of this section.</text> </level> <level label="ii"> <text>If the fee for an unlimited tidal fish license is less than the total of the fees for authorizations received by a licensee under subparagraph (i) of this paragraph, the licensee shall pay to the Department an amount equal to the difference between the fee for the unlimited tidal fish license and the total of the fees for the authorizations received.</text> </level> </level> <level label="2"> <text>The Department shall adjust the number of authorizations under subsection (d)(2)(ii) of this section to reflect the number of license conversions under paragraph (1) of this subsection.</text> </level> </level> <level label="n"> <level label="1"> <text>In addition to any other penalty provided in this title, the Department may suspend or revoke a person’s entitlement to engage in a particular activity or activities under a tidal fish license.</text> </level> <level label="2"> <text>During a period of suspension or revocation imposed by the Department, the person penalized is not and shall not be authorized under any existing, renewed, transferred, or new tidal fish license to engage in the particular activity or activities for which the suspension is imposed.</text> </level> <level label="3"> <text>The following are grounds for suspension or revocation of a tidal fish license:</text> <level label="i"> <text>Making any false statement in an application for a tidal fish license;</text> </level> <level label="ii"> <text>A serious violation of a State or federal commercial fisheries law that results in a conviction or an accepted plea of nolo contendere;</text> </level> <level label="iii"> <text>Failure to submit reports required by the provisions of this title or by the Department pursuant to provisions of this title; or</text> </level> <level label="iv"> <text>Failure for a nonresident of the State to appear in court pursuant to a citation issued by a Natural Resources police officer, or to any other process issued by any court of Maryland, for violation of this title.</text> </level> </level> <level label="4"> <text>A penalty imposed in accordance with this subtitle shall be in addition to any other penalty authorized under § 4–1201 of this title regarding striped bass.</text> </level> <level label="5"> <text>The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations relating to the suspension and revocation of licenses and authorizations issued under this title, including:</text> <level label="i"> <text>A schedule of points assigned to various offenses under this title;</text> </level> <level label="ii"> <text>A schedule of the maximum number of days that a license may be suspended according to the number of points accumulated;</text> </level> <level label="iii"> <text>Suspension or revocation of a license or authorization for a serious violation of a State or federal commercial fisheries law that results in an individual receiving a conviction or an accepted plea of nolo contendere;</text> </level> <level label="iv"> <text>Enhanced penalties for repeated violations of this title; and</text> </level> <level label="v"> <text>Enhanced penalties for violations of provisions of this title that regulate species deemed by the Department to be in need of special protection, including striped bass, crabs, oysters, and menhaden.</text> </level> </level> <level label="6"> <level label="i"> <text>Before the suspension or revocation of a tidal fish license under this section, the Department shall notify the licensee in writing of the licensee’s right to a hearing on request.</text> </level> <level label="ii"> <text>If a licensee submits a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed, the Department shall:</text> <level label="1"> <text>Hold a hearing after providing at least 10 days’ notice to the licensee; and</text> </level> <level label="2"> <text>Conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.</text> </level> </level> <level label="iii"> <text>The Department may suspend a commercial license issued under this title without a hearing if:</text> <level label="1"> <text>The licensee does not submit a written request for a hearing; or</text> </level> <level label="2"> <text>The licensee fails to appear for a scheduled hearing for which the Department provided notice.</text> </level> </level> </level> </level> <level label="o"> <level label="1"> <text>If a person is engaged in an activity for which a license or authorization is required under this section, the person shall possess:</text> <level label="i"> <text>Any required license, authorization, registration, or permit; and</text> </level> <level label="ii"> <text>For a person to whom a license or authorization has been temporarily transferred, documentation indicating the Department’s approval of the temporary transfer application.</text> </level> </level> <level label="2"> <level label="i"> <text>This paragraph does not limit the Department’s authority to inspect books, statements, and accounts under § 4–206(b) of this title.</text> </level> <level label="ii"> <text>The licensee or any person to whom a licensee has transferred a license under subsection (k) of this section shall allow any police officer, at reasonable times, including when the licensee or person is engaged in an activity that requires a license under this section, to inspect:</text> <level label="1"> <text>The license, authorization, or permit;</text> </level> <level label="2"> <text>Any applicable application to transfer the commercial tidal fish license approved by the Department for a temporary transfer;</text> </level> <level label="3"> <text>Commercial fishing vessels;</text> </level> <level label="4"> <text>Vehicles used to transport fish for commercial purposes; and</text> </level> <level label="5"> <text>Fish businesses owned or operated by a person licensed under this section.</text> </level> </level> <level label="iii"> <text>Inspections of vessels, vehicles, and businesses authorized under this paragraph shall be restricted to inspections of fishing gear and places where fish may be stored.</text> </level> <level label="iv"> <text>Inspections of businesses authorized under this paragraph may be conducted in any building other than a dwelling house.</text> </level> </level> <level label="3"> <level label="i"> <text>An inspector may seize fishing gear or fish found during an inspection under this subsection that is used or possessed in connection with a violation of this title or a regulation adopted under this title.</text> </level> <level label="ii"> <text>Fishing gear seized under this paragraph shall be held by the Department pending disposition of court proceedings, and on conviction the property seized or proceeds from the seizure shall be forfeited to the State for destruction or disposition as the Department may deem appropriate.</text> </level> <level label="iii"> <text>The Department may dispose of fish seized under this paragraph at its discretion.</text> </level> </level> </level> <level label="p"> <text>The Department shall assign a permanent identification number to each licensee. A licensee shall display the identification number on every vessel, vehicle, gear, or place of business, as the Department may require by regulation.</text> </level> <level label="q"> <text>The Department shall:</text> <level label="1"> <text>Deposit to the credit of the Fisheries Research and Development Fund all fees received for tidal fish licenses, authorizations, and permits under this section; and</text> </level> <level label="2"> <text>Use the funds received from the sale of striped bass surcharges for striped bass management and enforcement purposes.</text> </level> </level> <level label="r"> <level label="1"> <text>This subsection applies only to a person who, on April 1, 1997:</text> <level label="i"> <text>Held a valid fishing guide license; and</text> </level> <level label="ii"> <text>Either:</text> <level label="1"> <text>Owned two or more vessels used to carry passengers for fishing;</text> </level> <level label="2"> <text>Owned or operated a federally licensed vessel of 50 tons or more that was used to carry passengers for fishing; or</text> </level> <level label="3"> <text>Owned or operated a marina from which 10 or more vessels operate to carry passengers for fishing.</text> </level> </level> </level> <level label="2"> <text>A person who meets the requirements of paragraph (1) of this subsection may obtain an annual master fishing guide license by:</text> <level label="i"> <text>Filing an application on a form provided by the Department;</text> </level> <level label="ii"> <text>Supplying with the application proofs of ownership of the required vessels; and</text> </level> <level label="iii"> <text>Paying the master fishing guide license fee set forth in subsection (d)(2)(ii)1 of this section.</text> </level> </level> <level label="3"> <text>A person holding a master fishing guide license may:</text> <level label="i"> <text>Employ other persons to guide fishing parties on vessels owned by the master fishing guide; and</text> </level> <level label="ii"> <text>Allow a person who holds a valid Coast Guard license to operate a vessel to carry passengers for fishing from the marina owned or operated by the master guide license holder authorized under paragraph (1)(ii)3 of this subsection as follows:</text> <level label="1"> <text>One person for 10 vessels;</text> </level> <level label="2"> <text>Two persons for 11 to 20 vessels;</text> </level> <level label="3"> <text>Three persons for 21 to 30 vessels;</text> </level> <level label="4"> <text>Four persons for 31 to 40 vessels;</text> </level> <level label="5"> <text>Five persons for 41 to 50 vessels; and</text> </level> <level label="6"> <text>Six persons for 51 or more vessels.</text> </level> </level> </level> <level label="4"> <level label="i"> <text>The Department shall issue a number of copies of the master fishing guide license corresponding to the number of vessels owned or operated by the master fishing guide, with each copy bearing the registration number of one of the vessels.</text> </level> <level label="ii"> <text>The master fishing guide shall ensure that when a vessel is operated, the appropriate copy of the license is on board.</text> </level> </level> <level label="5"> <text>If a master fishing guide employs another person to operate a vessel to carry passengers for fishing, for purposes of the license suspension criteria in subsection (n) of this section, the master fishing guide shall be held responsible for any violations committed by the person employed to operate the vessel.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-701.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>There is a commercial northern snakehead or Chesapeake Channa license.</text> </level> <level label="b"> <text>The license authorizes the holder to catch for sale northern snakeheads, commonly known as Chesapeake Channa, in the tidal waters of the State using:</text> <level label="1"> <text>A bow and arrow attached to a retrieval line; or</text> </level> <level label="2"> <text>Hook and line.</text> </level> </level> <level label="c"> <text>An applicant for a license does not need to hold a tidal fish license under § 4–701 of this subtitle to be eligible for the license.</text> </level> <level label="d"> <text>A person who wishes to obtain a license shall complete and submit an application for the license to the Department or any person designated by the Department.</text> </level> <level label="e"> <text>The term of the license is 1 year from September 1 through August 31 of the following year.</text> </level> <level label="f"> <text>The annual license fee is $15.</text> </level> <level label="g"> <text>A licensee may not transfer a license issued under this section.</text> </level> <level label="h"> <text>A licensee who fishes for northern snakehead or Chesapeake Channa under the license shall possess the license.</text> </level> <level label="i"> <text>A licensee who fishes for northern snakehead under the license shall comply with all Department regulations governing the use of gear.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-701.2" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>There is a commercial blue and flathead catfish finfish trotline license.</text> </level> <level label="b"> <level label="1"> <text>The license authorizes the holder to catch for sale blue and flathead catfish in the tidal waters of the State using a finfish trotline, as defined in Department regulations.</text> </level> <level label="2"> <text>A licensee shall fish in accordance with Department regulations.</text> </level> </level> <level label="c"> <text>A person who wishes to obtain the license shall complete and submit an application for the license to the Department or any person designated by the Department.</text> </level> <level label="d"> <text>An applicant for the license does not need to hold a tidal fish license under § 4–701 of this subtitle to be eligible for the license.</text> </level> <level label="e"> <text>The term of the license is 1 year from September 1 through August 31 the following year.</text> </level> <level label="f"> <text>The annual license fee is $15.</text> </level> <level label="g"> <text>A licensee may not transfer a license issued under this section.</text> </level> <level label="h"> <text>A licensee shall have a commercial blue and flathead catfish finfish trotline license in the licensee’s possession when the licensee fishes under the license.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-702" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>Except as provided in subsection (b) of this section, a person may not buy for resale finfish, crabs, or shellfish from waters of the State unless the person is licensed and authorized as a seafood dealer under § 4–701 of this subtitle.</text> </level> <level label="b"> <text>The following persons are not required to obtain a seafood dealer authorization under this section:</text> <level label="1"> <text>A person who buys finfish, crabs, or shellfish for personal use or consumption;</text> </level> <level label="2"> <text>A person who buys for resale finfish or shellfish species defined as bait under subsection (c) of this section; and</text> </level> <level label="3"> <text>A person who buys finfish, crabs, or shellfish from a person with a seafood dealer authorization under § 4–701 of this subtitle.</text> </level> </level> <level label="c"> <level label="1"> <text>Any person not otherwise licensed under § 4–701(d)(2)(ii)2 of this subtitle that harvests and sells finfish or shellfish species defined as bait under paragraph (3) of this subsection shall obtain a bait harvester permit from the Department.</text> </level> <level label="2"> <text>The annual fee for a bait harvester permit is $25.</text> </level> <level label="3"> <text>The Department shall adopt regulations defining which species of finfish and shellfish may be caught and sold as bait in accordance with a bait harvester permit issued under this subsection.</text> </level> </level> <level label="d"> <text>The Department shall adopt regulations to define the species that are included as shellfish under this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-704" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>An applicant for a license to catch finfish shall furnish information the Department requires.</text> </level> <level label="b"> <text>The Department may not grant a license to any person, under the provisions of this subtitle, to set a pound net on the location occupied by any other pound net or within 4,500 feet in the Chesapeake Bay or 1,500 feet in a tributary of the Chesapeake Bay measured at right angles to the line of stakes, unless the other licensee failed to apply for renewal of his license by the expiration date of the year for which it was granted.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-704.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>A person may not catch striped bass for sale unless the person has purchased a valid license to catch striped bass from the Department under § 4-701 of this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-705" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A license does not lapse if the licensee fails to renew or make bona fide use of the license because of the licensee’s deployment in the uniformed services or employment in essential war industries.</text> </level> <level label="b"> <text>The licensee shall inform the Department before the licensee’s deployment and apply to the Department for the renewal of the license within 1 year of the termination of hostilities or from the date of the licensee’s release from deployment in the uniformed services.</text> </level> <level label="c"> <text>If a licensee cannot fish every net for which the licensee was licensed at any time during a war emergency because of some condition arising out of a war, the licensee may not be deprived of the right to a license for these nets thereafter.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-708" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not:</text> <level label="1"> <text>Commit a separate violation of this title related to the suspended or revoked license or authorization while the person’s license or authorization to fish or deal in fish under § 4–701 of this subtitle is suspended or revoked; or</text> </level> <level label="2"> <text>Engage in an activity for which a license or an authorization is required under § 4–701 of this subtitle without holding that license or authorization.</text> </level> </level> <level label="b"> <text>A person may not set any net during the time his commercial net fishing license is suspended or revoked.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-710" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <level label="1"> <text>A person may not catch finfish for any purpose in the tidal waters of the State by use of any purse net, beam trawl, otter trawl, trammel net, troll net, or drag net.</text> </level> <level label="2"> <text>A person may use a gig or gig iron to catch finfish only for recreational purposes in the tidal waters of the State.</text> </level> <level label="3"> <text>Any person who violates this section by catching fish with any of the equipment or devices referred to in this subsection, with the exception of a gig or gig iron, is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court.</text> </level> <level label="4"> <text>Any person who illegally catches fish with a gig or gig iron is subject to the penalties provided by this title.</text> </level> </level> <level label="b"> <text>An appropriately licensed person may fish in the waters of the Atlantic Ocean with an otter trawl or beam trawl, subject to Department rules and regulations, if the person is at least one mile from the shoreline. The Department rules and regulations shall include:</text> <level label="1"> <text>Setting seasons when otter trawl or beam trawl fishing is permitted; and</text> </level> <level label="2"> <text>Enumerating the species of fish which may be taken.</text> </level> </level> <level label="c"> <level label="1"> <text>A person may not fish with any net whose size of stretched mesh, allowing a reasonable tolerance for shrinkage, is less than the following: pound net, 1 1/2 inches; haul seine, 1 1/2 inches; gill net, 2 1/2 inches; fyke or hoop net, 1 1/2 inches.</text> </level> <level label="2"> <text>Any hedging or lead attached to a fish trap, fyke net, or pound net shall be constructed of materials which have meshes having a twine size of #12 or larger.</text> </level> <level label="3"> <text>In the Chesapeake Bay and its tributaries, a person may not set or fish any gill net whose size of stretched mesh is more than 6 inches.</text> </level> <level label="4"> <text>This subsection does not apply to catching eels with a net.</text> </level> </level> <level label="d"> <level label="1"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, a person may not use a monofilament gill net to catch fish.</text> </level> <level label="ii"> <text>The Department may adopt regulations to authorize the use of a monofilament gill net to catch fish.</text> </level> </level> <level label="2"> <text>A person may use a monofilament cast net or a monofilament throw net to catch baitfish in any tidal water of the Chesapeake Bay or its tributaries.</text> </level> <level label="3"> <text>In casting a monofilament net as provided under paragraph (2) of this subsection, a person:</text> <level label="i"> <text>May not use a cast net that has a radius greater than 10 feet; and</text> </level> <level label="ii"> <text>May cast a cast net only by hand.</text> </level> </level> </level> <level label="e"> <text>A person may not set any anchored gill net or fyke or hoop net or any line of these nets which has a length more than one–third the distance across the waters of the bay, sound, river, creek, cove, or inlet where it is set, or is set so that it impedes or obstructs navigation on or blocks in any way the main channel of the bay, sound, river, creek, cove, or inlet. The outer end of the submerged gear of any nets referred to in this subsection shall be marked by means of a paddle, a board, or a buoy or other floating device which shows the name and license number of the net owner.</text> </level> <level label="f"> <text>A person may not haul any seine or net more than one–third of the distance across the body of water, bay, sound, river, creek, cove, or inlet.</text> </level> <level label="g"> <text>A person may not catch or attempt to catch finfish by the use of any stationary fishing gear, or set an anchor or mooring buoy, or in any way obstruct the normal taking of finfish by drift net from December 1 through April 1.</text> <text>This subsection applies only to waters more than 50 feet in depth in the Chesapeake Bay south of the William Preston Lane, Jr., Memorial Bridge and is not applicable to any Chesapeake Bay tributaries. This provision does not apply to any designated anchorage in existence on July 1, 1975. The Department has the authority to permit exceptions to this section by regulations when it can be shown that the obstruction will not interfere with a usable fishing reach.</text> </level> <level label="h"> <level label="1"> <text>Except when using finfish trotline or in State waters in the Atlantic Ocean, a tidal fish licensee may not use more than 2 hooks or 2 sets of hooks for each rod or line.</text> </level> <level label="2"> <text>For the purposes of this subsection, artificial lures or plugs with multiple or gang hooks are considered 1 set of hooks.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-711" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not set any pound net or any line of these nets that is greater in length than one third the distance across the waters of the bay, sound, river, creek, cove, or inlet where it is set, or is set so that it impedes or obstructs navigation on or blocks in any way the main channel of the bay, sound, river, creek, cove, or inlet. The length limit provided here shall not be construed to apply to any line of nets running parallel to the bank or shore of any bay, sound, river, creek, cove, or inlet, but no net may be set across the mouth on any tributary, harbor, or navigation channel.</text> </level> <level label="b"> <text>A person may not set at any time a pound net within 4500 feet of another pound net in the Chesapeake Bay and within 1500 feet in a tributary of the Chesapeake Bay, measured at right angles to the line of stakes. Every pound net set licensed in the Chesapeake Bay or one of its tributaries may retain the locations it lawfully occupied on June 1, 1949. Except as otherwise provided by this title, a person may not set at any time a fyke net within 300 feet of a pound net, measured at right angles to the line of stakes. A person may set any fyke net closer to any pound net than the distance provided in this subsection if the owner of the pound net location gives written permission.</text> </level> <level label="c"> <text>Clear and unobstructed intervals of at least 200 feet shall be maintained between successive pound nets in the same row.</text> </level> <level label="d"> <text>A person may not set a pound net in or upon the waters covering leased oyster ground without the permission of the lessee.</text> </level> <level label="e"> <text>The outer end of each line of pound or net stakes shall be marked plainly by a brush or other suitable day marker, readily discernible to indicate the opening between nets. The name of the owner and the license number of each pound or stake net shall be displayed in black letters, at least 2 inches high, on a white background on a stake at the outer end of the pound or line, at a height and in a position as to be seen readily from adjacent navigable channels. The Secretary, after a public hearing, shall promulgate rules and regulations governing the lighting of pound nets.</text> </level> <level label="f"> <text>A single line of stakes, including the pound or head and the leader or hedging, may not have a length greater than the following:</text> <level label="1"> <text>In Chesapeake Bay, south of a line from Sandy Point to Love Point and in the Choptank River from the mouth of the Choptank River to a line drawn from Drum Point to Kate Point –– 1500 feet.</text> </level> <level label="2"> <text>In Chesapeake Bay, north of a line from Sandy Point to Love Point and south of line from the northernmost point of Poole’s Island to Worton’s Point –– 1200 feet.</text> </level> <level label="3"> <text>In Chesapeake Bay, north of a line from the northernmost point of Poole’s Island to Worton’s Point –– 1000 feet.</text> </level> <level label="4"> <text>In the tributaries of the Chesapeake Bay except as provided, and in the Potomac River –– 1200 feet.</text> </level> <level label="5"> <text>In Chincoteague, Sinepuxent, Isle of Wight, and Assawoman Bays, and their tributaries, and in the Atlantic Ocean within 3 miles of the Maryland shore –– 1500 feet.</text> </level> <level label="6"> <text>In Honga River, south of a line drawn from Hickory Point on Middle Hoopers Island to Windmill Point on Aisquith Island –– 1500 feet.</text> </level> <level label="7"> <text>In Hoopers Straits –– 1500 feet.</text> </level> <level label="8"> <text>In Fishing Bay, south of a line from Point No Point to Department Triangulation Station Cler at southerly side of Gray’s Island –– 1650 feet.</text> </level> <level label="9"> <text>In the Nanticoke River, south of a line from the southeasterly most point of entrance into Jack’s Creek in Dorchester County to Triangulation Station Earle in Wicomico County –– 1650 feet.</text> </level> </level> <level label="g"> <text>A person may not drive, maintain, or permit any stake to remain, in any line of stakes or otherwise, unless it projects above the surface of the water at least 3 feet at high tide.</text> </level> <level label="h"> <level label="1"> <text>Every licensee shall:</text> <level label="i"> <text>Maintain the licensee’s stakes in good condition; and</text> </level> <level label="ii"> <text>Promptly remove and renew any stake that may be unsound, broken, or liable to go adrift.</text> </level> </level> <level label="2"> <text>A licensee may not permit or allow to remain in the water:</text> <level label="i"> <text>Any pound net stake for a period greater than 30 days following the removal of the net from each stake;</text> </level> <level label="ii"> <text>Any pound net or stake for a period greater than 30 days following the discontinuance of fishing of the net; or</text> </level> <level label="iii"> <text>Any pound net or stake between January 1 and January 31 of any year unless the owner of the pound net or stake notifies the Department by certified mail, return receipt requested, that the net is being actively fished.</text> </level> </level> <level label="3"> <text>A licensee who fails to comply with the provisions of this subsection is guilty of a misdemeanor and upon conviction is subject to a fine of at least $200 and not exceeding $1,000 with costs imposed in the discretion of the court.</text> </level> <level label="4"> <text>For a licensee who is convicted twice within 2 years of violating paragraph (1) of this subsection, the Department may suspend the licensee’s striped bass authorization in the following year.</text> </level> </level> <level label="i"> <text>Before setting a pound net in accordance with this section and the regulations adopted under subsection (j) of this section, a licensee shall ensure that, at least 7 days before the setting of the net, the Department receives:</text> <level label="1"> <text>Notice from the licensee that the pound net will be set and actively fished; and</text> </level> <level label="2"> <text>A pound net activity registration fee of $20.</text> </level> </level> <level label="j"> <level label="1"> <text>The Department may adopt regulations on the placement of pound or stake nets, including a limit on the number of locations of pound nets that may be assigned to a licensee.</text> </level> <level label="2"> <text>In the regulations adopted under paragraph (1) of this subsection, the Department may impose a limit of up to eight locations of pound nets that may be assigned to a licensee.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-712" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>The owner, tenant, or lessee of any property bordering on tidal waters of the tributaries of the Chesapeake Bay, except the waters of the Great Choptank River, lying in the State, by virtue of his ownership or occupancy, may make first choice of the set or position to place nets or establish a haul seine fishery to catch fish for commercial use in front of the property for which he possesses riparian rights. This section does not permit any riparian owner or anyone acquiring the right of a riparian owner to fish with nets or seine in any manner prohibited by this subtitle.</text> </level> <level label="b"> <text>In any year, any other person may set any net or haul seine in front of the property of a riparian property owner if the owner, tenant, or lessee of the riparian rights does not exercise the privilege of locating the position where he desires to set his nets or haul seine within 20 days after receiving notice from the other person who desires to locate his nets or fishery in front of the riparian owner’s property.</text> </level> <level label="c"> <text>The notice required by this section shall be mailed to the owner, tenant, or lessee of the shore property. If the name and address are unknown, then notice shall be posted for 20 days on a board fastened to a stake driven in the water directly in front of the property and within 300 feet of the shore.</text> </level> <level label="d"> <text>This section does not grant by reason of the notice any right to any fisherman to fish without the permission of the shore owner in water within 1500 feet of any shore used as a resort so as to interfere with bathing or boating.</text> </level> <level label="e"> <level label="1"> <text>The notice provisions of this section do not apply in the waters of Baltimore, Caroline, Charles, Dorchester, Prince George’s, St. Mary’s, and Talbot counties where the permission of the shore owner always shall be necessary.</text> </level> <level label="2"> <text>The provisions of this section do not apply to Anne Arundel, Calvert, Cecil, Queen Anne’s, Kent, and Somerset counties.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-713" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person who fishes with haul seine equipment shall possess a tidal fish license to catch finfish.</text> </level> <level label="b"> <text>Haul seines shall be limited to a depth or width of 15 feet graduating to a width of 22 feet at the bunt or back. A haul seine may not have a length of its bunt or back greater than 100 feet, which is a “hung” measure.</text> </level> <level label="c"> <text>A person may not use a seine exceeding 50 feet in length and 5 feet in width to catch minnows in the tidal waters of the State.</text> </level> <level label="d"> <text>If the haul seine is used in the Chesapeake Bay, the length of brail line used on either end of the haul seine may not exceed 1500 feet. If the haul seine is used in the rivers and tributaries of the Chesapeake Bay, the maximum length of brail line may not exceed 750 feet.</text> </level> <level label="e"> <text>A person may not drag or haul any seine with two or more vessels or boats propelled by power, or use any haul seine more than 1800 feet in length. A power winch anchored in a vessel or boat, not propelled by power, may be used if the winch boat is anchored in 4 feet depth of water or less.</text> </level> <level label="f"> <text>A person may not empty a seine on the shore or beach, or in any water less than 12 inches deep so as to leave the small fish to perish. A person always shall empty the seine in waters of sufficient depth to enable the small fish to return to the waters for growth.</text> </level> <level label="g"> <text>A person may not haul any seine in waters covering leased oyster ground unless the permission of the lessee is obtained.</text> </level> <level label="h"> <level label="1"> <text>Except as provided in paragraphs (2) through (4) of this subsection, a person may not fish with a haul seine during the period from 12:01 a.m. Saturday until sunrise on Monday in the tidal waters of the State.</text> </level> <level label="2"> <level label="i"> <text>In Baltimore County and Harford County, on prior notification to the Department a person may catch carp during the period from 12:01 a.m. Saturday until sunrise on Monday, except in areas where it is prohibited by the Department.</text> </level> <level label="ii"> <text>Except in areas where it is prohibited by the Department, a person may set a haul seine at a distance greater than one–third the distance across a river, creek, cove, or inlet in any of the tributary waters of Baltimore County or Harford County only to catch carp and catfish, notwithstanding any other provision of this subtitle regarding the distance across which a haul seine may be set. A person may not set the haul seine to impede or obstruct navigation or block in any way the main channel of the river, creek, cove, or inlet. Any person who catches fish of a variety other than carp or catfish in any haul seine shall return them immediately to the water unharmed. A person always shall attend a haul seine for catching carp or catfish. Any person whose haul seine is found more than one–third the distance across the waters where it is set without a person in attendance is guilty of violating this subsection.</text> </level> <level label="iii"> <text>The Department, by regulation:</text> <level label="1"> <text>Shall establish procedures for the prior notification required under subparagraph (i) of this paragraph; and</text> </level> <level label="2"> <text>May prohibit fishing for carp and catfish in certain areas as provided in subparagraph (ii) of this paragraph.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>In Kent County, on prior notification to the Department, a person may catch gizzard shad, also known as mud shad, carp, or catfish, with a haul seine during the period from 12:01 a.m. Saturday until sunrise on Monday.</text> </level> <level label="ii"> <text>The Department, by regulation, shall establish procedures for the prior notification required under subparagraph (i) of this paragraph.</text> </level> </level> <level label="4"> <text>If a haul seine is set on a Friday, a person may empty that haul seine during the period from 12:01 a.m. on the following Saturday until sunrise on the following Monday if the person provides the Natural Resources Police with:</text> <level label="i"> <text>A notification before 11:59 p.m. on Friday that the person will be emptying the haul seine between 12:01 a.m. on the following Saturday and sunrise the following Monday;</text> </level> <level label="ii"> <text>The location of the haul seine that will be emptied; and</text> </level> <level label="iii"> <text>Contact information for the tidal fish licensee who is responsible for the haul seine.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-714" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>Except as provided in subsection (f) of this section, a person may only fish with a rod, or hook and line, in the waters of Coxes’ Creek, Furnace Branch Creek, or Marley Creek above the B. and O. Bridge.</text> </level> <level label="b"> <level label="1"> <text>A person may not catch fish by any means in the headwaters of the Magothy River beginning at the base of Lake Waterford Dam and extending for a distance of 3300 feet downstream during February, March, and April.</text> </level> <level label="2"> <text>Except as provided in subsection (f) of this section, a person may fish only with a rod, or hook and line, in the waters of the Little Magothy River and its tributaries and in the Magothy River and its tributaries lying westerly of the mouth of the Magothy River and inside a line drawn 214 degrees true from extreme end of Mountain Point to Persimmon Point, referring to the last edition of the Coast and Geodetic Survey Chart No. 566.</text> </level> <level label="3"> <text>Except as provided in subsection (f) of this section, a person may fish only with a rod, or hook and line, in the waters of Bodkin Creek and tributaries lying westerly and inside of a line drawn 340 degrees true from extreme end of Cedar Point to Old Landen Point, referring to the latest edition of the Coast and Geodetic Survey Chart No. 549.</text> </level> <level label="4"> <text>In the waters of the Magothy, Little Magothy Rivers, and Bodkin Creek and their tributaries, a person may use an eel pot or minnow trap which does not exceed 30 inches in length, 11 inches in width and 11 inches in height. During February, March, and April, a person may use a “D” bow frame net with handle attached which does not exceed 36 inches in width or 36 inches in height in the waters of the Magothy and Little Magothy Rivers and Bodkin Creek. However, a person may not use a “D” bow frame net as a stationary or set net in the bodies of water named in this subsection.</text> </level> </level> <level label="c"> <level label="1"> <text>During February, March, and April, a person may not catch fish by any means in the waters of the Severn River or Severn Run from the dividing line between tidal and nontidal waters to a point 2400 feet downstream.</text> </level> <level label="2"> <text>Except as provided in subsection (f) of this section, a person may fish only with a rod, or hook and line, in the waters of the Severn River or any creek, cove, tributary, or inlet of the Severn River. A line drawn from the extreme projection of Greenberry Point into the Chesapeake Bay to the extreme point of Horn Point, marks the mouth of the Severn River for the purpose of this title.</text> </level> </level> <level label="d"> <level label="1"> <text>A person may not set a pound net or other similar device at any time in the waters of South River, or any creek, cove, or inlet of the South River above Saunders Point on the south side and Marsh Point on the north.</text> </level> <level label="2"> <text>A person may not set any net at any time except a gill net or a haul seine in any creek, cove, tributary, or inlet of the South River.</text> </level> <level label="3"> <text>A person may not set any net or equipment during February, March, and April in the headwaters of South River from a line drawn from Howards Point on the west side of the river to Brier Bottom on the east side, and in the headwaters of Beards Creek and in the headwaters of any of the creeks of South River for a distance of 1200 feet from its headwaters.</text> </level> </level> <level label="e"> <level label="1"> <text>A person may not set a haul seine exceeding 50 feet in length in the following waters:</text> <level label="i"> <text>Herring Bay from a line drawn from the extreme projection of Parker’s Island Point into the Chesapeake Bay to the extreme point of Holland Point;</text> </level> <level label="ii"> <text>South River, Rhode River, and West River;</text> </level> <level label="iii"> <text>From a line drawn from the extreme projection from Thomas Point into the Chesapeake Bay to the extreme point of Curtis Point;</text> </level> <level label="iv"> <text>Within the headlands of Whitehall Creek; and</text> </level> <level label="v"> <text>Within the headlands of Meredith Creek and Lake Ogleton.</text> </level> </level> <level label="2"> <text>Any person who violates this subsection is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $2,500 with costs imposed in the discretion of the court.</text> </level> </level> <level label="f"> <text>Subject to Department regulations, a person may use archery equipment to fish for northern snakehead, commonly known as Chesapeake Channa, in Anne Arundel County waters.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-715" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not fish with rod or hook and line from any kind of boat or float, or fish with nets of any kind within 1500 feet of any occupied duck blind for the period beginning two days prior to the open season, as promulgated by the Department of Interior of the United States for hunting wild waterfowl, and ending the day following the closing of the season in the following waters:</text> <level label="1"> <text>Back River, except in the portion lying west of a line drawn from Stansbury’s Point on the south shore to Walnut Point on the north shore;</text> </level> <level label="2"> <text>Bird River and its tributaries lying within Baltimore County;</text> </level> <level label="3"> <text>Dark Head Creek, except in the portion lying north of a line drawn from Clark Point on the west shore directly across the creek to Sharp Point on Bull Neck Shore;</text> </level> <level label="4"> <text>Frog Mortar Creek, except in the portion lying northerly of a line drawn from Strawberry Point on the west shore to Weiskettle’s Landing on the east shore;</text> </level> <level label="5"> <text>Gunpowder River and its tributaries lying within Baltimore County;</text> </level> <level label="6"> <text>Hogpen Creek, except in the portion lying southwest of natural headlands marking entrance into the creek;</text> </level> <level label="7"> <text>Middle River, except in the portion lying west of a line drawn from Clark Point, also known as Maryland Yacht Club Point, on the north shore to the point of shore directly south of Clark Point;</text> </level> <level label="8"> <text>Norman Creek, except in the portion lying west of a line drawn from Cape May Beach on the south shore to Barren Point on the north shore;</text> </level> <level label="9"> <text>Seneca Creek, except in the portion lying northwest of a line drawn from Gun Point on the north shore directly south to Blackberry or Flying Point on the south shore;</text> </level> <level label="10"> <text>Seneca River; Saltpeter Creek; Dundee Creek and in the waters of their tributaries;</text> </level> <level label="11"> <text>Stansbury’s Creek, except in the portion lying northwest of a line drawn from Wilson Point on south shore to Strawberry Point on north shore; and</text> </level> <level label="12"> <text>Sue Creek, except in the portion lying west of a line drawn from the northeasternmost point of Sue’s Island to extremity of Rockaway Beach Road at the southern tip of Turkey Point.</text> </level> </level> <level label="b"> <text>A person may not set a pound net or any similar device in the waters of Back River and its tributaries.</text> </level> <level label="c"> <text>A person may not fish with rod, hook and line or a net in the waters of Bird River between November 1 and January 31, both dates inclusive. A person shall remove every net or stake used for taking fish before midnight on October 31.</text> </level> <level label="d"> <text>A person may not fish with a net of any kind in the waters of Dundee Creek west of a line drawn from Levering’s Point on the north to Marshy Point on the south.</text> </level> <level label="e"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a person may not fish in the waters of Gunpowder River lying in Baltimore County, with nets, from May 15 to September 15, both dates inclusive.</text> </level> <level label="2"> <level label="i"> <text>Except in areas where it is prohibited by the Department, in the waters of the Gunpowder River lying in Baltimore County or Harford County, on prior notification to the Department a person may catch carp 6 weeks before and during Passover in each year and 4 weeks before and during Rosh Hashanah through Yom Kippur in each year. If a person catches any fish variety other than carp under this paragraph, the person shall return them immediately to the water unharmed.</text> </level> <level label="ii"> <text>The Department, by regulation:</text> <level label="1"> <text>Shall establish procedures for the prior notification required under subparagraph (i) of this paragraph; and</text> </level> <level label="2"> <text>May prohibit fishing for carp and catfish in certain areas as provided in subparagraph (i) of this paragraph.</text> </level> </level> </level> </level> <level label="f"> <text>A person may not fish with nets or seines of any kind in the waters of Middle River and its tributaries, defined as those waters northeast of a line drawn from Bowley Point southwesterly to the navigation light at the western end of Sue Island, between March 1 and June 1, both dates inclusive.</text> </level> <level label="g"> <text>A person may not fish with seines or nets of any kind in the waters of Sue’s Creek west of a line drawn from the northeasternmost point of Sue’s Island to extremity of Rockaway Beach Road at the southern tip of Turkey Point.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-717" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>A person may not place pound nets to catch fish for commercial use in the waters of the Susquehanna River in Cecil County.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-718" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not use a haul seine greater than 960 feet in length in the tributaries of the Potomac River, and not greater than 1800 feet in length in the St. Mary’s County waters of the Wicomico River and its tributaries. Any person who possesses a seine greater than these lengths while actively engaging in seining in these waters is guilty of violating this subsection.</text> </level> <level label="b"> <text>A person may set a licensed haul seine and gill net at a distance greater than one third the distance across a river, creek, cove, or inlet in any of the tributary waters of Charles County only to catch carp and catfish, notwithstanding any other section of this subtitle. A person may not set the net to impede or obstruct navigation or block in any way the main channel of the river, creek, cove, or inlet. Any person who catches fish of a variety other than carp or catfish in any net shall return them immediately to the water unharmed. A person always shall attend a net for catching carp or catfish. Any person whose net is found more than one third the distance across the waters where it is set without a person in attendance is guilty of violating this subsection. The provisions of this subsection do not apply from March 1 through April 30 and September 1 through November 30 in each year.</text> </level> <level label="c"> <text>A person may not set a net of any description to catch fish in the Wicomico River proper above Woodland Point in Charles County.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-719" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not set a haul seine or seine of any description, or what is commonly called a put net, to catch fish in the following waters of Dorchester County: Transquaking River and Chicamacomico River and their tributaries, Big and Little Blackwater Rivers, White Hall Creek, Hurst’s Creek, Shoal Creek, and Jenkins Creek.</text> </level> <level label="b"> <text>A person may not set a patent twine weir, or any other twine weir, a pound net and hauling seine of a length greater than 350 feet in Blackwater River and its tributaries except Little Blackwater River. A person also may not fasten or stick a stake in the part of Blackwater River lying between a line drawn from Grog Point to the opposite side of the river and a line drawn from Berg’s Ditch to the opposite side of the river, except in the bends of the river where stake weirs now exist.</text> </level> <level label="c"> <text>A person may not set a gill net in the waters of Fishing Bay or Transquaking River north of a line drawn from Blackwater Point to Irish Creek, up the Transquaking River to Destroys Creek, or set any net whose farther end extends more than 1200 feet from shore or more than one third the breadth of the water at the place where the net is fished, or closer than 600 feet of another net in the Transquaking or Chicamacomico River. A person may not set any net whose farther end extends more than one half the breadth of the water at the place where the net is fished or closer than 600 feet of another net in the waters of the Transquaking River above Decourcey Bridge or placed in or across the channels of these rivers. In the waters of Fishing Bay south of a line drawn from Blackwater Point to Irish Creek and north of a line drawn from Roasting Ear Point to the northwesterly most point of the entrance to Duck Island Cove, a person may not set any weir more than 1200 feet from shore, or set any gill net or weir closer to each other than 1200 feet, or set any row of gill nets more than 1200 feet in length. A person may not set any weir beyond a depth of 18 feet in the waters of Fishing Bay south of the line from Roasting Ear Point to the northwesterly most point of the entrance to Duck Island Cove.</text> </level> <level label="d"> <text>A person may not place pound nets, weirs, or hedges less than one third of a mile apart in the northwest branch of the Nanticoke River, from Walnut Landing to the place known as Chimney Landing, on the west branch of this stream.</text> </level> <level label="e"> <text>A person may fish only with hook and line, eel pot, or gill net with at least a three–inch mesh in Goose Creek and Indian Creek.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-720" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>A person may not use a haul seine in the water area west of a line from Locust Point to the pumping station at Perry Point. This section does not prohibit catching fish for conservation or scientific purposes under the supervision of the Department, or prohibit catching carp. If 25 or more rockfish are found in a seine or net, there is a violation of this section, and the exception stated does not apply. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction is subject to a fine of at least $100 and not more than $1,000 with costs imposed in the discretion of the court.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-721" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not fish with a hauling seine or stake net in the waters of Swan Creek from July 15 to September 15, both dates inclusive, and in the waters of the Gunpowder River lying in Harford County from May 15 to September 15, both dates inclusive.</text> </level> <level label="b"> <text>A person may not fish at any time with a haul seine in the waters of Bush River or any of its tributaries in Harford County.</text> </level> <level label="c"> <level label="1"> <text>A person may not fish a pound net in any part of the Gunpowder and Bush rivers lying in Harford County further than 1,500 feet from the shoreline of the Gunpowder River below Maxwell Point at mean low water tide and 750 feet from the shoreline of the Bush River at mean low water tide.</text> </level> <level label="2"> <level label="i"> <text>Except within the boundaries of the Aberdeen Proving Grounds, a person may not set a fyke net in the Bush River within 300 feet of another fyke net or 750 feet of a pound net, measured at right angles to existing nets or line of nets for enforcement purposes.</text> </level> <level label="ii"> <text>An owner, tenant, or lessee of the riparian rights of any property bordering the Bush River may maintain a single fyke net that is closer than 300 feet to another fyke net or pound net set in front of an adjacent property.</text> </level> </level> </level> <level label="d"> <text>A person may not use a pound net or stake net in the waters of the Susquehanna River.</text> </level> <level label="e"> <level label="1"> <text>A person may not set or maintain a commercial drift gill net, stake gill net, or anchor gill net so that any portion of the net is closer than 500 feet from any portion of any other commercial drift gill net, stake gill net, or anchor gill net in the designated striped bass spawning area of the Susquehanna River north of Concord Point and Stump Point.</text> </level> <level label="2"> <text>South of the line outlined, in paragraph (1) of this subsection, to Bears Point and Turkey Point, a person may set a commercial drift gill net only as provided in paragraph (1) of this subsection and may set and maintain a stake gill net or anchor gill net only as provided in paragraph (1) of this subsection.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-722" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>A person may set a pound net in the waters of Sassafras River and its tributaries lying in Kent County from Luke’s Point to the head of this river from August 1 to May 31 following, both dates inclusive. A pound net may not be set so as to obstruct the haul of any seine on any established fishing shore on these waters, unless set by the owners of the fishing shore.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-723" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not fish with any kind of seine or net in the waters of Chaptico Bay and the Wicomico River within the limits of St. Mary’s County, within 1500 feet of any established duck blind during the open season for shooting ducks or other wild fowl.</text> </level> <level label="b"> <text>A person may not set a fish trap, net, or haul seine in the waters of St. Catherine’s Sound in St. Mary’s County. However, a gill net not exceeding a length of 90 yards is permitted.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-724" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>A person may not drag or set any haul seine to catch fish in the waters of Monie Bay and its tributaries easterly of a straight line drawn from Long Point to Wingate Point in Somerset County.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-725" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>In the waters of Talbot County, a person may set only the following types of nets in the areas and during the times prescribed:</text> <level label="1"> <text>Any net at any time in the waters of the Chesapeake Bay bordering Talbot County;</text> </level> <level label="2"> <text>Any net at any time in the waters of the Choptank River southeast of a straight line drawn from Benoni’s Point to Chlora’s Point;</text> </level> <level label="3"> <text>Gill nets and fyke nets at any time in any of the waters of Talbot County; and</text> </level> <level label="4"> <text>Haul seines in Harris Creek southerly and downstream from a straight line drawn between Station Hawk on the west side and Indian Point on the east side if the mesh in all seines is in bar not less than one and one-half inches.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-727" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not fish with a stationary net extended completely across the middle third of the waters measured in a straight line from the east to west shoreline of Sinepuxent Bay north of South Point, Isle of Wight Bay, Assawoman Bay and St. Martin’s River.</text> </level> <level label="b"> <text>A person may not haul or fish with any haul or set seine, or leave or permit to remain setting, any set seine in the waters of Sinepuxent Bay and its tributaries north of South Point, during the period between 6 o’clock p.m. Saturday, and 6 o’clock a.m., of the following Monday.</text> </level> <level label="c"> <text>A person may only fish with a rod, or hook and line in the waters of Herring Creek which lie south of the State Road Bridge.</text> </level> <level label="d"> <text>A person may not fish in the waters of Sinepuxent Bay or its tributaries within the limits of Worcester County with any seine or net of any description having meshes less than one and one-half inches square. However, during the months of July, August, September, and October, a person may fish for fat backs and croakers with any seine or net of this description.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-728" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <level label="1"> <text>In this subsection, “connected line of nets” means a series of connected nets set in single file.</text> </level> <level label="2"> <text>Except as otherwise provided in this title, a person may not set:</text> <level label="i"> <text>A fish pot, fyke net, or connected line of fyke nets within 500 feet in any direction of any other net or connected line of nets;</text> </level> <level label="ii"> <text>A fyke net or connected line of fyke nets that exceeds 1,500 feet in length, including the net’s leaders, hedges, or wings; or</text> </level> <level label="iii"> <text>A fish pot, fyke net, or connected line of fyke nets at a distance greater than one–fourth the distance across the bay, measured from the low water mark.</text> </level> </level> <level label="3"> <text>In the waters in the part of the Chesapeake Bay which lies between a straight line drawn from Drum Point Lighthouse in Calvert County to Hog Point in St. Mary’s County, and a straight line drawn from Cove Point Lighthouse in Calvert County to Cedar Point Lighthouse in St. Mary’s County, a person may not set any kind of net:</text> <level label="i"> <text>Nearer than 500 yards in every direction from any other net;</text> </level> <level label="ii"> <text>Of a total length of more than 550 yards including the net’s leaders, hedges, or wings; or</text> </level> <level label="iii"> <text>At a greater distance than one–fourth the distance across these waters measured from the low water mark on either side.</text> </level> </level> </level> <level label="b"> <text>A person may not set any pound net or stake net in the headwaters of the Chesapeake Bay, except those areas within 2,400 feet from the natural shoreline in Cecil County, the bay shore of Kent County up to Howell Point, and those areas within 2,400 feet from the shore on the west side of the bay from Pooles Island north to one-half mile north of Spesutie Island. For the purpose of this subsection the headwaters of the Chesapeake Bay are defined as the waters embraced in the area marked by the following line:</text> <text>Beginning at Concord Point and running in a northeasterly direction, crossing Susquehanna River to Stump Point, then to Carpenter’s Point, then to Turkey Point, then to Grove Point, all in Cecil County, then to Howell Point, Kent County, continuing in a straight line from Howell Point in a southwesterly direction across the bay to Abbey Point, the northernmost point at the entrance of Bush River, then northerly by a line following the bay shore of Harford County to Mulberry Point, then to Bear Point, Sandy Point, and to Locust Point on Spesutie Island, then to the southernmost point at the entrance of Swan Creek, and then crossing Swan Creek and continuing in a northerly direction following the bay shore to Concord Point, the place of beginning.</text> </level> <level label="c"> <level label="1"> <text>A person may not set an anchored gill net in the area of Chesapeake Bay bounded on the north by a line drawn from Turkey Point on the eastern shore to Sandy Point in Harford County, and on the south by a line drawn from Abbey Point to channel buoy Number 29, following the channel northward to buoy Number 1, off Grove Point, thence to Grove Point. This paragraph does not apply to the commercial fishing area within the Aberdeen Proving Grounds as specified by the Proving Ground.</text> </level> <level label="2"> <text>A person may not set or fish with any gill net within 1,200 feet of any pier that supports either span of the William Preston Lane, Jr. Memorial Bridge between May 1 and October 31, inclusive.</text> </level> <level label="3"> <text>A person may not set or fish with any gill net in the Chesapeake Bay, excluding its tributaries, south of a line drawn from Howell Point to Taylor Island Point in the upper bay to a line drawn from Kent Point to Curtis Point in the mouth of West River between June 1 and October 31, inclusive.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-729" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>A person may not set a haul seine of any description in the waters of the Choptank River and its tributaries from May 21 to July 31, both dates inclusive.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-730" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not set, nor construct any kind or description of net in the Patuxent River from Queen Anne Bridge to the mouth of the river, within 1,500 feet in every direction from any other net, without the permission of the owner of the other net. In addition, a person may not set, nor construct, any net more than 425 feet in length, including the net’s leaders, hedges, or wings, below a straight line from Holland’s Cliffs across the river to a point on the shore directly opposite Holland’s Cliffs, or more than 150 feet in length including the net’s leaders, hedges, or wings, above the straight line from Holland’s Cliffs. The provisions of this subsection do not apply to floating gill nets or seines.</text> </level> <level label="b"> <text>A person may not set or haul any seine or gill net in any creek, cove or tributary of the Patuxent River if the mouth of the creek or tributary is less than 200 feet wide.</text> </level> <level label="c"> <text>A person may not set or haul any drifting gill net in the Patuxent River south of the Patuxent River Bridge or in any creek, cove, or tributary of the river south of the Patuxent River Bridge at any time.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-731" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a person may not sell, offer for sale, or transport across a boundary of the State any striped bass, commonly known as rockfish, caught from the State waters of the Chesapeake Bay and its tributaries unless the person possesses one of the following:</text> <level label="i"> <text>A valid commercial fishing license issued in his name;</text> </level> <level label="ii"> <text>A dated bill of sale signed by the licensed commercial fisherman who caught the fish; or</text> </level> <level label="iii"> <text>A dated bill of sale signed by a dealer or wholesaler from whom the fish were purchased.</text> </level> </level> <level label="2"> <text>However, a nonresident of the State who has caught striped bass from State waters by hook and line may transport across a boundary of the State not more than 100 pounds of striped bass on any day for any purpose other than sale.</text> </level> </level> <level label="b"> <text>A person may not knowingly buy any striped bass caught from the State waters of the Chesapeake Bay and its tributaries from any person except the licensed commercial fisherman who caught the fish, or a wholesaler or retailer of fish.</text> </level> <level label="c"> <text>Any person who buys striped bass caught from State waters of the Chesapeake Bay and its tributaries for the purpose of resale shall maintain records showing every purchase made during the preceding 90 day period, the date and place of each purchase, the quantity purchased, and the name of the person from whom the fish were purchased.</text> </level> <level label="d"> <text>Any person who violates any provision of this section is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $1,000, or imprisonment not exceeding six months, or both, with costs imposed in the discretion of the court.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-732" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>The Department may restrict or prohibit by rule or regulation catching fish in areas where striped bass spawn during the spawning season of striped bass.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-733" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>A person may not possess aboard any boat on the tidal waters of the State more than 15 pounds of any fish for which a size or weight limit is prescribed by law, or rule or regulation in a condition that the size or weight of the fish cannot be determined.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-734" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not sell, offer to buy or sell, or possess any of the following fish:</text> <level label="1"> <text>Bass, largemouth or smallmouth less than 15 inches from March 1 through June 15, and less than 12 inches from June 16 through the end of February;</text> </level> <level label="2"> <text>Pike less than 14 inches; and</text> </level> <level label="3"> <text>Taylor less than 8 inches.</text> </level> </level> <level label="b"> <text>Measurement for each fish mentioned above shall be from the tip of the nose to the end of the tail.</text> </level> <level label="c"> <text>The Department may set the size limits for white perch. However, the Department may not prohibit catching white perch more than 8 inches.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-735" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>During the open season, a person may not catch by means of rod, or hook and line, more than ten chain pickerel in any one day.</text> </level> <level label="b"> <text>A person may not catch chain pickerel in the tidal waters of the State during the period from March 15 to April 30. A person may not sell, offer to sell, purchase, offer to purchase, or possess any chain pickerel during this period caught in tidal waters of the State.</text> </level> <level label="c"> <text>A person may not catch chain pickerel in any manner in the tidal waters of the State except with rod, or hook and line using natural or artificial baits. A person shall return uninjured immediately to the water any chain pickerel caught in any net, seine, or other device legally engaged in other fishing. However, a person may retain no more than one day’s legal creel limit of ten chain pickerel for his own private use during the open season.</text> </level> <level label="d"> <text>Chain pickerel may not be transported into or out of the State during April, May, and June. Anglers, however, may possess and transport chain pickerel caught with rod, or hook and line, in accordance with the provisions of this section. This subsection does not prevent shipment in interstate commerce of live chain pickerel for propagating, breeding, or stocking purposes under § 4–11A–21 of this title, nor prevent any person from catching or engaging in catching chain pickerel for propagating or restocking the waters of the State under the direction of the Department under § 4–410 of this title.</text> </level> <level label="e"> <text>The Department is authorized to supervise, regulate, and control the harvest of black bass in the tidal waters of the State.</text> </level> <level label="f"> <text>The Department shall adopt regulations concerning the fishing for black bass by area, gear, season, size, and catch limits.</text> </level> <level label="g"> <text>The provisions of this section do not apply to catching, selling, purchasing, or possessing black sea bass.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-736" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>The Department may supervise, regulate, and control catching eels in the tidal waters of the State. In exercising this power, the Department may prescribe the areas within and methods by which eels may be caught.</text> </level> <level label="b"> <level label="1"> <text>A person may not catch eels for sale with pots or other devices in the tidal waters of the State without first obtaining a tidal fish license to catch finfish for commercial purposes from the Department.</text> </level> <level label="2"> <text>A licensee who is authorized to catch blue crabs under this subtitle may use up to 50 pots to catch eels for personal use as crab trotline bait without obtaining an authorization to catch finfish.</text> </level> </level> <level label="c"> <text>The Department shall adopt rules and regulations concerning commercial fishing for eels by area, gear, season, size, and reporting of catch.</text> </level> <level label="d"> <text>Each individual who catches eels for sale or for personal use as bait shall make catch reports, as prescribed by rule or regulation, on forms provided by the Department.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-738" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may not catch or attempt to catch snapping turtles in the tributary waters of Charles County from April 15 to May 31, inclusive. A person may not use hook and line and trotline to catch snapping turtles in these waters.</text> </level> <level label="b"> <text>The Department may not prohibit the use of turtle pots in areas where nets are prohibited.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-739" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>The Department may make rules and regulations governing catching sturgeon in the waters of the State or possessing and selling within the State sturgeon caught in the waters of the State.</text> </level> <level label="b"> <text>The rules and regulations of the Department become effective only after a public hearing is held. The time, place, and purpose of the public hearing shall be advertised in one newspaper of general daily circulation in the State, and at least one newspaper circulated in each county, at least once per week for two successive weeks in advance of the hearing. After the hearing and adoption of the rules and regulations, they shall be published in the newspapers which published the notice of the hearing.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-740" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>A person may catch walleyed pike, commonly known as Susquehanna salmon, only by rod, or hook and line at any time in the tidal waters of the State. The open season for catching walleyed pike for commercial purposes is from March 15 to November 30.</text> </level> <level label="b"> <text>A person may not sell, purchase, offer to purchase, possess, or deliver to any private or common carrier for transportation, walleyed pike caught in the tidal waters of the State during the closed commercial season. A private or common carrier may not accept for transportation, and a person may not transport, carry, or cause to be transported, or carried by any means walleyed pike caught in the tidal waters of the State during the closed commercial season.</text> </level> <level label="c"> <text>Any person may possess or transport walleyed pike caught by rod, or hook and line, at any time during the year.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-741" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>A person in charge of any boat or vessel catching or transporting shellfish commercially may not carry on board a domestic animal of any kind.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-742" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <level label="1"> <text>If the Department of the Environment determines by appropriate investigation that any area of waters of the State devoted to the production or storage of shellfish is polluted so that shellfish produced or stored in the area are a hazard to public health, it shall restrict the area for the catching or storing of shellfish.</text> </level> <level label="2"> <text>If the Department of the Environment finds it necessary to restrict an area of water for the taking and storing of shellfish because of the proximity of the area to the point of discharge of a sewage treatment plant or a point of overflow of a sewage pumping station, the Department of the Environment may increase or decrease the size of a restricted area in relation to the operational effectiveness of the sewage treatment plant or sewage pumping station.</text> </level> <level label="3"> <text>In determining whether to restrict, or lift any restrictions on, an area for the catching or storing of shellfish, the Department of the Environment shall use the most reliable available tests to:</text> <level label="i"> <text>Determine whether a shellfish production area poses a risk to consumer health; and</text> </level> <level label="ii"> <text>Rule out contaminants that do not pose a risk to consumer health, including bacteria from vegetation.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>The action of the Department of the Environment to restrict an area of water becomes effective immediately upon giving formal notice of the action to the Department. Notice also shall be given the appropriate governing body and the committee of oystermen of any county affected by the restriction.</text> </level> <level label="2"> <text>The Natural Resources Police Force shall patrol the area to warn watermen until public notice is given in newspapers of general circulation in each of the counties whose watermen work the restricted area normally. No arrests may be made until the next workday following the day the notice appeared unless the watermen fail to heed a warning of the officers.</text> </level> <level label="3"> <level label="i"> <text>If the Department of the Environment closes any area to the catching of shellfish under this section, in addition to the notice required in paragraph (1) of this subsection, the Department of Natural Resources shall mark the area so that the area can be seen from the water.</text> </level> <level label="ii"> <text>The Department of Natural Resources shall adopt rules and regulations to provide for the marking in a plain and visibly obvious fashion of any area that is closed to the catching of shellfish because of pollution. Even in the absence of such marking devices, a person may not catch shellfish in a restricted area as designated by the Department of the Environment if notice has been given to the appropriate governing body and the committee of watermen of any county affected by the restriction.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>After establishing a restriction, the Department of the Environment shall test the water in the restricted area or inspect the source of pollution of the water. A copy of the report of analysis of every test and inspection shall be filed promptly with the appropriate governing body of every county affected by the restriction.</text> </level> <level label="2"> <text>Updated charts of the Chesapeake Bay and its tributaries showing all polluted areas shall be filed promptly with the appropriate governing body and oystermen’s committee of every tidewater county. Copies of these charts shall be filed also with the Fisheries Administration and the Natural Resources Police.</text> </level> </level> <level label="d"> <text>Whenever samples of water and shellfish of a restricted area indicate that the shellfish and water again comply with standards for harvesting shellfish, the restrictions promptly shall be lifted.</text> </level> <level label="e"> <text>The Secretary of the Environment may delegate authority to impose restrictions, or remove restrictions no longer required. These actions, however, shall be reported and consented to by the Secretary.</text> </level> <level label="f"> <text>Each violation of this section constitutes a separate offense punishable as provided by the provisions of this title.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-743" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>To protect the shellfish resources of the State, the Department may adopt rules and regulations prohibiting the importation of any shellfish and quarantining any area within the State populated by shellfish infected or affected or suspected of being infected or affected by any destructive disease, deleterious genetic characteristic, dangerous parasite, or other biological threat.</text> </level> <level label="b"> <text>The Department may establish by rules and regulations the penalty for violating any rule or regulation adopted pursuant to subsection (a) of this section. The penalty may not exceed a fine of $1,000 or imprisonment for one year, or both, together with confiscation of any gear and equipment, whether afloat or ashore, used to commit the violation, in the discretion of the court.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-744" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>The Department shall issue a synopsis of laws covering pertinent information when issuing any commercial fishing license. A chart or adequate description of restricted waters shall be available at cost upon request.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-745" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <level label="1"> <text>Except as provided in subsections (c) and (d) of this section and § 4–217 of this title, a person may not fish for finfish in the Chesapeake Bay or in its tributaries up to tidal boundaries or in State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries without first obtaining a Chesapeake Bay and coastal sport fishing license or registration issued under subsection (d)(3) of this section and possessing the license or registration.</text> </level> <level label="2"> <text>The license may be obtained from the Department or from any authorized agent of the Department.</text> </level> <level label="3"> <text>Subject to paragraph (4) of this subsection, the following annual license fees shall apply:</text> <level label="i"> <text>Resident………………………………………………………$15</text> </level> <level label="ii"> <text>Short–term resident license valid for 7 consecutive days from date of issue...........................................................................................................$6</text> </level> <level label="iii"> <text>For a short–term nonresident license valid for 7 consecutive days from date of issue.............................................................................$12</text> </level> <level label="iv"> <text>Nonresident………………………………………………$22.50</text> </level> <level label="v"> <text>Resident and nonresident blind persons………………No fee</text> </level> <level label="vi"> <text>Complimentary license under subsection (e) of this section......................................................................................................................No fee</text> </level> </level> <level label="4"> <text>The Department shall implement a program to provide discounted Chesapeake Bay and coastal sport fishing licenses to Maryland residents who are recipients of the Purple Heart Award.</text> </level> <level label="5"> <text>Except as provided in subsection (d)(1) of this section, every Chesapeake Bay and coastal sport fishing license and registration shall be valid for 1 year following the date of issuance.</text> </level> <level label="6"> <text>An applicant for a license issued under this section:</text> <level label="i"> <text>Shall provide all the information requested by the Department; and</text> </level> <level label="ii"> <text>May not willfully make a false statement or representation to the Department on the application.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>The Department may designate a person engaged in a commercial enterprise to sell the Chesapeake Bay and coastal sport fishing license or issue a registration under subsection (d) of this section as an agent under the Department’s control and supervision.</text> </level> <level label="2"> <level label="i"> <text>As compensation, the agent shall retain $1 for each license issued.</text> </level> <level label="ii"> <text>There is no agent compensation for each registration issued.</text> </level> </level> <level label="3"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, all fees collected on behalf of the Department pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit with the State Treasurer to the credit of the Fisheries Research and Development Fund to be used for the replenishment, protection, and conservation of fish stocks caught by recreational fishermen, for enhancement of recreational fishing opportunities, and for research concerning tidal fishery resources. The Department shall publicly report annually the amounts collected and the expenditures.</text> </level> <level label="ii"> <text>In fiscal year 1999 and in each subsequent fiscal year, the Department, for the purposes set forth in subparagraph (iii) of this paragraph, shall use:</text> <level label="1"> <text>$2 from the sale of each license under subsection (a) of this section;</text> </level> <level label="2"> <text>$20 from the sale of each license under subsection (d)(2) of this section; and</text> </level> <level label="3"> <text>$225 of the special charter boat license under subsection (d)(1) of this section.</text> </level> </level> <level label="iii"> <text>The Department shall use the money specified in subparagraph (ii) of this paragraph for:</text> <level label="1"> <text>Achieving the maximum federal fund apportionments;</text> </level> <level label="2"> <text>Management assessment and sport fishing surveys; and</text> </level> <level label="3"> <text>Angler outreach and public fishing information.</text> </level> </level> </level> <level label="4"> <text>In the preparation of plans for the expenditure of license receipts, the Secretary annually shall solicit the advice and opinions of the Department’s Sport Fisheries Advisory Commission, representative fishing and boating associations, and other interested parties.</text> </level> <level label="5"> <text>In addition to any other penalty provided for in this title, an agent convicted of violating this section shall lose the agent’s privileges.</text> </level> </level> <level label="c"> <text>A person may fish for finfish in the Chesapeake Bay or its tidal tributaries or in State waters of the Atlantic Ocean and coastal bays and their tributaries without a Chesapeake Bay and coastal sport fishing license if the person:</text> <level label="1"> <text>Is under the age of 16;</text> </level> <level label="2"> <text>Possesses a valid commercial license;</text> </level> <level label="3"> <text>Holds a valid tidal water sport fishing license issued by the Commonwealth of Virginia, Potomac River Fisheries Commission, or District of Columbia, provided that this exemption shall not take effect until the Secretary has published notice in the Maryland Register of the Secretary’s determination that the Virginia, Potomac River Fisheries Commission, or District of Columbia requirements for a tidal water sport fishing license are substantially similar to and reciprocal with the Chesapeake Bay and coastal sport fishing license requirements of this section;</text> </level> <level label="4"> <text>Is fishing pursuant to any special charter boat license issued under subsection (d)(1) of this section;</text> </level> <level label="5"> <text>Is a resident who is an active service member while on leave in the State, during the resident’s leave period, if, while fishing, the resident possesses a copy of the resident’s official leave order;</text> </level> <level label="6"> <text>Fishes on a free fishing day designated by the Secretary;</text> </level> <level label="7"> <text>Holds a current resident consolidated senior sport fishing license issued under § 4–216 of this title;</text> </level> <level label="8"> <text>Holds a current registration issued under subsection (d)(3) of this section; or</text> </level> <level label="9"> <text>Is fishing on a commercial fishing pier licensed under subsection (d)(4) of this section.</text> </level> </level> <level label="d"> <level label="1"> <text>The Department may provide by regulation for issuance of a special charter boat license that shall be effective for not more than 1 year and shall expire on August 31 and that would be valid for all individuals on a single vessel operated by a fishing guide licensed under § 4–210.1 of this title or § 4–701 of this subtitle or for all individuals on a vessel under the guidance of a fishing guide licensed under § 4–210 of this title in tidal waters of the State. The fee shall be:</text> <level label="i"> <text>For 6 fishermen or less $240.</text> </level> <level label="ii"> <text>For 7 or more fishermen $290.</text> </level> </level> <level label="2"> <level label="i"> <text>The Department may provide by regulation for issuance of an annual special Chesapeake Bay and coastal sport fishing license, which when permanently affixed to a boat registered in any state shall authorize any person on the boat to fish for finfish in the Chesapeake Bay or in its tributaries up to tidal boundaries or in State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries, except that such a license may not be used on a boat that has been hired to take such persons fishing.</text> </level> <level label="ii"> <text>The annual fee for this special license shall be:</text> <level label="1"> <text>For a resident applicant………..............………… $50.</text> </level> <level label="2"> <text>For a nonresident applicant………….................$100.</text> </level> </level> <level label="iii"> <text>If a boat owner purchases the special license under this paragraph, the boat owner may fish anywhere in the Chesapeake Bay and its tributaries or the State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries, whether the boat owner is fishing in the owner’s boat, in another person’s boat, on land, or elsewhere. The Department shall issue a complimentary Chesapeake Bay and coastal sport fishing license to the boat owner who purchases a special license under this paragraph. If a boat to which the special license is affixed has more than one owner, then only the individual applicant who signs the application for the special license shall be entitled to a complimentary Chesapeake Bay and coastal sport fishing license under this paragraph.</text> </level> </level> <level label="3"> <level label="i"> <text>An individual shall register with the Department before fishing in any of the following areas that do not require a Chesapeake Bay and coastal sport fishing license:</text> <level label="1"> <text>A free fishing area established under § 4–214(b)(1) of this title with hook and line;</text> </level> <level label="2"> <text>On private real property bordering on tidal water as an owner or tenant of the property, or a spouse or an immediate family member who resides on the property with the owner or tenant; and</text> </level> <level label="3"> <text>On a boat licensed under paragraph (2) of this subsection.</text> </level> </level> <level label="ii"> <text>There is no fee for registration under this paragraph.</text> </level> <level label="iii"> <text>An individual required to register under this paragraph shall provide all the information requested by the Department.</text> </level> </level> <level label="4"> <level label="i"> <level label="1"> <text>The Department may provide by regulation for the issuance of a special commercial fishing pier license that is valid for all individuals fishing from the pier in tidal waters of the State.</text> </level> <level label="2"> <text>The annual fee for the special commercial fishing pier license shall be $290.</text> </level> </level> <level label="ii"> <text>Individuals fishing from a licensed commercial fishing pier are exempt from purchasing a Chesapeake Bay and coastal sport fishing license.</text> </level> <level label="iii"> <level label="1"> <text>The owner or operator of a licensed commercial fishing pier shall maintain a log of the contact information of the persons fishing from that structure each day.</text> </level> <level label="2"> <text>The logs required under subsubparagraph 1 of this subparagraph must be submitted electronically as prescribed or approved by the Department.</text> </level> </level> </level> </level> <level label="e"> <level label="1"> <text>In this subsection, “former prisoner of war” means a person who, while an active service member, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict.</text> </level> <level label="2"> <text>The Department may issue a lifetime complimentary Chesapeake Bay and coastal sport fishing license to any Maryland resident who certifies that the resident is:</text> <level label="i"> <text>A former prisoner of war;</text> </level> <level label="ii"> <text>An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or</text> </level> <level label="iii"> <text>A 100% service connected disabled American veteran.</text> </level> </level> <level label="3"> <text>The Department may issue a lifetime complimentary Chesapeake Bay and coastal sport fishing license to an out–of–state person:</text> <level label="i"> <text>Who certifies that the person is:</text> <level label="1"> <text>A former prisoner of war;</text> </level> <level label="2"> <text>An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or</text> </level> <level label="3"> <text>A 100% service connected disabled American veteran; and</text> </level> </level> <level label="ii"> <text>Whose state of residence extends similar privileges to former prisoners of war, American veterans who the U.S. Department of Veterans Affairs determines are unemployable, or 100% service connected disabled American veterans of this State.</text> </level> </level> <level label="4"> <text>A complimentary Chesapeake Bay and coastal sport fishing license is not transferable.</text> </level> <level label="5"> <text>The Department may issue annually a complimentary Chesapeake Bay and coastal sport fishing license to the President of the United States, the governor of any state, and any official of the game and fish department of any other state.</text> </level> <level label="6"> <text>Not more than 20 complimentary Chesapeake Bay and coastal sport fishing licenses for each state other than Maryland shall be outstanding at any time.</text> </level> </level> <level label="f"> <text>Every person licensed under this section shall submit any report the Department requires in accordance with Department regulations.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-745.1" effective_note="EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 409 AND 410 OF 2022" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <text>In this section, “Pilot Program” means the Chesapeake Bay and Coastal Sport Fishing License Pilot Program.</text> </level> <level label="b"> <text>There is a Chesapeake Bay and Coastal Sport Fishing License Pilot Program in the Department.</text> </level> <level label="c"> <text>The purpose of the Pilot Program is to:</text> <level label="1"> <text>Collect contact information and demographic data of individuals fishing under a consolidated Chesapeake Bay and coastal sport boat license issued under § 4–745(d)(2) of this subtitle;</text> </level> <level label="2"> <text>Collect information regarding the number of trips taken and fish caught and released under a consolidated Chesapeake Bay and coastal sport boat license; and</text> </level> <level label="3"> <text>Improve registration compliance with the free registration authorized under § 4–745(d)(3) of this subtitle.</text> </level> </level> <level label="d"> <text>To maintain eligibility to purchase a consolidated Chesapeake Bay and coastal sport boat license, the holder of the license shall provide to the Department all information requested under subsection (c) of this section.</text> </level> <level label="e"> <text>The Department shall track on a monthly basis costs associated with implementing the Pilot Program.</text> </level> <level label="f"> <text>On or before December 1, 2023, and each December 1 thereafter for the duration of the Pilot Program, the Department shall report recommendations on expected funding needed to grow and establish the Pilot Program as a permanent program to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.</text> </level> <level label="g"> <text>On or before January 1, 2023, the Department shall adopt regulations to carry out this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-746" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <text>The Department shall conduct annually a scientific survey to determine the relative abundance of striped bass or rockfish of approximately 18 inches in length that are in the Chesapeake Bay and its tributaries. The survey shall be conducted in areas that are used by the Department to determine its young–of–the–year index of striped bass or rockfish.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-747" title_number="4" title_name="Fish and Fisheries" subtitle_number="7" subtitle_name="Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <level label="i"> <text>“Shark” means any species of the subclass Elasmobranchii.</text> </level> <level label="ii"> <text>“Shark” does not include smooth–hounds, spiny dogfish, or species in the superorder Batoidea.</text> </level> </level> <level label="3"> <text>“Shark fin” means the raw, dried, or otherwise processed detached fin or tail of a shark.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraphs (2) and (3) of this subsection, a person may not possess, sell, offer for sale, trade, or distribute a shark fin.</text> </level> <level label="2"> <text>A person may possess a shark fin if:</text> <level label="i"> <text>The person holds the appropriate State or federal license or permit authorizing the taking or landing of a shark for recreational or commercial purposes;</text> </level> <level label="ii"> <text>The shark fin is taken from a shark that the person has taken or landed; and</text> </level> <level label="iii"> <text>The shark fin is taken in a manner consistent with the person’s license.</text> </level> </level> <level label="3"> <text>A museum, college, or university may possess a shark fin if the shark fin is used solely for display or research purposes.</text> </level> </level> <level label="c"> <text>The Department shall adopt regulations to implement this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-801" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Buckram crab” means a crab that has a paper shell.</text> </level> <level label="c"> <text>“Crab” means the blue crab species.</text> </level> <level label="d"> <text>“Green crab” means an under-developed peeler.</text> </level> <level label="e"> <text>“Peeler” means a crab which has a soft shell that is developing under the hard shell, on which there is a white, pink, or red line or rim on the edge of that part of the back fin next to the outer section of this fin.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-802" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <text>The provisions of this subtitle apply only to the species of crab commonly known as the blue crab.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-802.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <text>Any crabs caught in the waters of Worcester County shall be landed in the State. However, the Department may waive the provisions of this section in case of emergency, necessity, or for other good cause.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-803" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <level label="a"> <text>The Department may adopt rules and regulations to effectuate the following purposes:</text> <level label="1"> <text>To restrict catching and possessing any blue crab;</text> </level> <level label="2"> <text>The methods by which crabs are taken;</text> </level> <level label="3"> <text>To close or open any specified area to catch crabs;</text> </level> <level label="4"> <text>To prohibit or restrict devices used to catch crabs;</text> </level> <level label="5"> <text>To establish seasons to catch crabs;</text> </level> <level label="6"> <text>To establish that the workday for tidal fish licensees who catch crabs using trotline gear may begin earlier than 1 hour before sunrise; and</text> </level> <level label="7"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department may not adopt regulations to:</text> <level label="i"> <text>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; or</text> </level> <level label="ii"> <text>Establish time restrictions on a tidal fish licensee using trotline gear for setting and taking up gear.</text> </level> </level> <level label="2"> <text>Except as provided in subsection (c) of this section, if the Department authorizes the workday to begin earlier than 1 hour before sunrise, then:</text> <level label="i"> <text>The Department may not adopt regulations to restrict a tidal fish licensee who catches crabs using trotline gear to a workday of less than 11 hours per day, including time spent setting or taking up gear; and</text> </level> <level label="ii"> <text>Trotline gear may not be set earlier than the catch time established by the Department.</text> </level> </level> </level> <level label="c"> <text>The Department shall adopt regulations that authorize a tidal fish licensee who is authorized to catch crabs using all legal gear to work 1 additional early hour on Labor Day, Memorial Day, July 4, and the day before each of these holidays in a license year.</text> </level> <level label="d"> <text>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 at least once per week for 2 successive weeks in advance of the hearings.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-804" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <text>Any person who owns or is in charge of operating a vessel utilized to catch crabs in the waters of the State for commercial purposes shall obtain a license.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-805" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <text>An individual under the age of 16 years catching or attempting to catch crabs in the waters of the Chesapeake Bay and its tidal tributaries without a recreational crabbing license may use a collapsible trap, net ring, handline, or dip net, as described by the Department in regulations. </text> </section> <section article="gnr" article_name="Natural Resources" number="4-807" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <level label="a"> <text>Any person desiring to engage in the business of picking, canning, or packing crabs, except a person picking and selling crab meat for local family trade, first shall obtain a license. “Local family trade” means the selling of picked crab meat directly to the consumer by the picker, with the meat being picked entirely from crabs harvested by the picker or family of the picker. Nothing in this section exempts persons engaged in picking, canning, or packing crabs from the applicable Maryland Department of Health requirements.</text> </level> <level label="b"> <text>This section does not require any person licensed to catch crabs to obtain a license to sell the crabs caught, or require a license for retail crab sellers who purchase crabs from a person licensed under this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-809" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <level label="a"> <level label="1"> <text>Except as provided in regulations adopted under paragraph (2) of this subsection, a person may not catch or possess soft crabs measuring less than three and one–half inches across the shell from tip to tip of the spike.</text> </level> <level label="2"> <level label="i"> <text>The Department shall adopt regulations establishing and governing a permissible bycatch for soft crabs under this subsection.</text> </level> <level label="ii"> <text>The regulations that the Department adopts under this paragraph may not be more restrictive than the applicable restrictions on the permissible bycatch for hard crabs and peeler crabs.</text> </level> </level> </level> <level label="b"> <text>In the waters of Worcester County, a person may not catch, possess, or keep in floats any fat crabs, or any crab known as snot crab, green crab, or buckram crab.</text> </level> <level label="c"> <text>The minimum size of crabs does not apply to mature female crabs, identified by the rounded apron.</text> </level> <level label="d"> <text>The minimum size for peeler crabs set by the Department in regulation does not apply to crabs imported into Maryland during the closed season for catching crabs if the person possessing the imported crabs has a certificate of origin.</text> </level> <level label="e"> <text>Once taken, peelers shall be kept separate from other crabs.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-810" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <text>The Department may adopt rules and regulations, after reasonable notice by publication, to permit or prohibit catching, canning, packing, shipping, or possessing the egg-bearing female crab or the female crab from which eggs have been removed.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-812" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <level label="a"> <text>A person may set crab pots in the waters of Tangier Sound, including Kedges Straits and the Somerset County waters of Holland Straits, south of a line running from Lower Island Point on Bloodsworth Island, following the Dorchester County-Somerset County line to its junction with county line buoy A; thence in a northerly direction toward Sharkfin Shoal Light to its junction with a straight line running from range marker AA northeasterly to range marker BB and the Dorchester County-Somerset County line; thence in a northeasterly direction following the straight line running from range marker AA northeasterly to range marker BB and the Dorchester County-Somerset County line to its junction with a line running from the former dwelling of Thomas Tigner near Haines Point to the southwesterly most point of land on Clay Island, provided that no crab pots be set in water that is less than 4 feet deep at mean low tide.</text> </level> <level label="b"> <text>A person may set crab pots outside of marked channels in the waters of Tyler Creek on Smith Island from April 1 to June 15.</text> </level> <level label="c"> <text>A person may not set crab pots in the Dorchester County waters of Holland Straits.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-814" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <level label="a"> <text>Except as otherwise provided in this section, a person authorized to catch crabs for commercial purposes may not set or fish more than 300 crab pots.</text> </level> <level label="b"> <text>For the license year ending August 31, 1994, a licensee who held a valid license to catch crabs for commercial purposes on April 1, 1994, may set and fish 300 additional crab pots for each additional crew member authorized on the license, but may not set more than 600 additional crab pots, regardless of the number of crew members, and may not set more than 900 pots per boat.</text> </level> <level label="c"> <level label="1"> <text>After August 31, 1994, an authorization granted under subsection (b) of this section to employ one or two additional crew members and thereby fish additional crab pots, shall be valid until the license is transferred, revoked by the Department or relinquished voluntarily by the licensee.</text> </level> <level label="2"> <text>An authorization granted under subsection (b) of this section may be transferred to another licensee separately from the original crab harvester license or tidal fish license in any valid transfer under Subtitle 7 of this title.</text> </level> </level> <level label="d"> <level label="1"> <text>The Department shall determine the total number of additional crew authorizations granted under subsection (b) of this section.</text> </level> <level label="2"> <text>When a license is revoked or voluntarily relinquished, the Department may award the unused crew authorization to another licensee under criteria and procedures to be promulgated as regulations by the Department, provided that the number of crew authorizations in use may not exceed the total number granted under subsection (b) of this section as of August 31, 1994.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-815" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <text>In St. Mary’s County, a person may not harvest crabs with a bank trap or a channel pound after October 1, 2000.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-816" title_number="4" title_name="Fish and Fisheries" subtitle_number="8" subtitle_name="Crabs"> <text>The Department may adopt regulations to limit or prohibit the importation, use, catching, or possessing of the following nonnative crab species, which are determined to be harmful to the ecology and natural resources of the State:</text> <level label="1"> <text>Green crab (Carcinus maenas) of the family Portunidae;</text> </level> <level label="2"> <text>Japanese shore crab (Hemigrapsus sanguineus) of the family Grapsidae; and</text> </level> <level label="3"> <text>Chinese mitten crab (Eriocheir sinensis) of the family Grapsidae.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-901" title_number="4" title_name="Fish and Fisheries" subtitle_number="9" subtitle_name="Lobster, Shrimp, Terrapin, and Conch"> <level label="a"> <text>The Department may adopt rules and regulations to:</text> <level label="1"> <text>Restrict the possession, landing, selling, or transporting of any lobster or lobster parts; and</text> </level> <level label="2"> <text>Establish minimum size limits for lobsters.</text> </level> </level> <level label="b"> <text>The Department shall publish a notice of any lobster harvest regulations proposed under this section, and of any subsequent amendments to the regulations, and shall hold a public hearing on the proposal unless a public hearing on a substantially similar proposal has been conducted in the State by a federal management authority with notice advertised by the Department as required by this section. The notice shall include the time and place of any hearing.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-902" title_number="4" title_name="Fish and Fisheries" subtitle_number="9" subtitle_name="Lobster, Shrimp, Terrapin, and Conch"> <level label="a"> <text>Except as provided in subsection (b) of this section:</text> <level label="1"> <text>A person may not take or possess diamondback terrapin for commercial purposes; and</text> </level> <level label="2"> <text>A person may not possess more than three diamondback terrapin for noncommercial purposes.</text> </level> </level> <level label="b"> <text>This section does not prohibit:</text> <level label="1"> <text>The incidental catch of diamondback terrapin, provided the diamondback terrapin are returned immediately to the water;</text> </level> <level label="2"> <text>The collection or possession of diamondback terrapin in accordance with the terms of a scientific or educational certificate or permit issued in accordance with § 4–212 of this title or § 10–909 of this article; or</text> </level> <level label="3"> <text>The possession and breeding of diamondback terrapin by a person who holds a valid permit issued by the Department for:</text> <level label="i"> <text>Aquaculture activities under Subtitle 11A of this title; or</text> </level> <level label="ii"> <text>Captive wildlife breeding under Title 10, Subtitle 9 of this article.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The Department, in consultation with the Maryland Aquaculture Coordinating Council, shall adopt regulations for diamondback terrapin aquaculture and captive breeding before issuing any additional permits relating to diamondback terrapin under Subtitle 11A of this title or Title 10, Subtitle 9 of this article.</text> </level> <level label="2"> <text>The regulations adopted in accordance with paragraph (1) of this subsection shall include:</text> <level label="i"> <text>Verifiable safeguards to identify legally obtained diamondback terrapin;</text> </level> <level label="ii"> <text>Standards for diamondback terrapin husbandry; and</text> </level> <level label="iii"> <text>Standards for shipping diamondback terrapin.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-903" title_number="4" title_name="Fish and Fisheries" subtitle_number="9" subtitle_name="Lobster, Shrimp, Terrapin, and Conch"> <text>The Department shall adopt regulations governing the conservation of diamondback terrapin.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-904" title_number="4" title_name="Fish and Fisheries" subtitle_number="9" subtitle_name="Lobster, Shrimp, Terrapin, and Conch"> <level label="a"> <text>A person may not catch shrimp for commercial purposes unless the person first obtains a license from the Department.</text> </level> <level label="b"> <level label="1"> <text>Notwithstanding any other provisions of this title, the Department may adopt regulations:</text> <level label="i"> <text>Governing any aspect of the shrimp fishery; and</text> </level> <level label="ii"> <text>Establishing and implementing a pilot program related to fishing for shrimp.</text> </level> </level> <level label="2"> <text>Regulations adopted under paragraph (1)(i) of this subsection may authorize the Department to establish for the shrimp fishery by public notice:</text> <level label="i"> <text>Closed areas;</text> </level> <level label="ii"> <text>Catch limits;</text> </level> <level label="iii"> <text>Seasons;</text> </level> <level label="iv"> <text>Size limits;</text> </level> <level label="v"> <text>Gear restrictions; and</text> </level> <level label="vi"> <text>Reporting requirements.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-906" title_number="4" title_name="Fish and Fisheries" subtitle_number="9" subtitle_name="Lobster, Shrimp, Terrapin, and Conch"> <text>A person may not catch conch for commercial purposes unless the person first obtains a license from the Department.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1001" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Buy boat” means any boat engaged or used in buying, selling, or transporting oysters caught by other boats.</text> </level> <level label="c"> <text>“Chesapeake Bay” means the waters, commonly known as the Chesapeake Bay as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.</text> </level> <level label="d"> <text>“County waters” means the waters lying within the territorial limits of any county in the State as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.</text> </level> <level label="e"> <text>“Diving apparatus” means any diving equipment that is supplied with air from the surface through a hose, or diving equipment generally referred to as scuba, the use of which allows a person to catch oysters by hand beneath the water.</text> </level> <level label="f"> <text>“Dredge” includes any dredge, scoop, scrape, or similar device used in catching oysters or clams by dragging.</text> </level> <level label="g"> <text>“Dredge boat” means any sailboat which does not have a screw, propeller, engine, turbine, or other device for self–propulsion, used in catching oysters or clams by dredge.</text> </level> <level label="h"> <text>“Dunnaged boat” means any boat having a false bottom, partition, ceiling, or deck, designed to diminish or having the effect of diminishing visible cargo space.</text> </level> <level label="i"> <text>“Handscrape” means any dredge cast and hauled by hand and without any winch, winder, or spool.</text> </level> <level label="j"> <text>“Hard–shell clams” means mollusks of the species Mercenaria mercenaria.</text> </level> <level label="k"> <text>“Harvest” means to take, kill, trap, gather, catch or in any manner reduce any hard–shell clam, soft–shell clam, or oyster to personal possession or to attempt to engage in this conduct.</text> </level> <level label="l"> <text>“Harvest reserve area” means an area designated by the Department for the restoration and harvesting of oysters on a rotational basis.</text> </level> <level label="m"> <text>“Hydraulic clam dredge” means any device used for dredging clams which consists of a manifold through which water is forced under pressure for the purpose of digging clams and working them into the mouth of the dredge where the clams then are brought up to boat level by means of an escalator. “Hydraulic clam dredge” includes the vessel on which the dredge is carried.</text> </level> <level label="n"> <text>“Marketable oyster” means any oyster measuring 3 inches or more from hinge to mouth.</text> </level> <level label="o"> <text>“Natural oyster bar” means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the Oyster Survey of 1906 to 1912 and its amendments.</text> </level> <level label="p"> <text>“Packer” means any person having a fixed place of business and buying, selling, packing, shucking, or preparing oysters for sale, trade, barter, or shipment to any dealer, merchant, or retailer.</text> </level> <level label="q"> <text>“Patent tongs” means any pincers, nippers, tongs, or similar device used to catch oysters and clams raised with rope, cable, or other hoisting gear.</text> </level> <level label="r"> <text>“Shinnecock rake” means a tool used to catch hard–shell clams or oysters that:</text> <level label="1"> <text>Is towed from a vessel under power; and</text> </level> <level label="2"> <text>Consists of a tooth bar with projecting long, outwardly, and upwardly curving teeth which are progressively smaller towards the ends, form a basket, and are set transversely at the end of a long, usually wooden handle.</text> </level> </level> <level label="s"> <text>“Soft–shell clams” means mollusks of the species Mya arenaria and of the species Genus Tagelus.</text> </level> <level label="t"> <level label="1"> <text>“Tong” means any pincers, nippers, tongs, or similar device used in catching oysters and clams and consisting of 2 shafts or handles and a metal body composed of 2 opposable and complementary baskets that:</text> <level label="i"> <text>Are opened, closed, and emptied entirely by hand; and</text> </level> <level label="ii"> <level label="1"> <text>Are lifted by hand; or</text> </level> <level label="2"> <text>May use power to assist lifting the tongs with a single lifting cable or rope attached at only a single point on 1 shaft of the tongs.</text> </level> </level> </level> <level label="2"> <text>“Tong” includes:</text> <level label="i"> <text>Shaft tongs; and</text> </level> <level label="ii"> <text>Hand tongs.</text> </level> </level> <level label="3"> <text>“Tong” does not include a patent tong.</text> </level> </level> <level label="u"> <text>“Tong boat” means any boat on or from which tongs or patent tongs are used in catching oysters.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1002" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>Notwithstanding any other provision of this title, a person may not catch or attempt to catch clams or oysters by power dredge, hydraulic clam dredge, or other mechanical means in the Atlantic Coastal Bays, as defined in § 8–1802 of this article.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1003" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>Any resident of the State may catch oysters or clams on any area in the waters of the State from which catching oysters or clams is permitted under the provisions of this subtitle. This section applies to catching oysters or clams by rakes, tongs, patent tongs, dredges, handscrapes, or by other means permitted by law for the particular area. This section applies also to catching clams by hydraulic or mechanical dredges or rigs permitted by law for the particular area. This section does not affect any provision of this subtitle concerning the licensing or regulation of catching oysters or clams, except as specifically provided in this section.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1004" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <level label="1"> <text>A resident may catch clams in accordance with regulations adopted by the Department.</text> </level> <level label="2"> <text>A nonresident may catch in the tidal bays of Worcester County hard clams for the nonresident’s own use and consumption in accordance with regulations adopted by the Department.</text> </level> </level> <level label="b"> <text>Only a resident of the State may obtain a license to catch:</text> <level label="1"> <text>Oysters or clams for commercial purposes in the waters of the State; or</text> </level> <level label="2"> <text>Oysters for recreational purposes in the waters of the State.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1004.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>In this section, “former prisoner of war” means an individual who, while serving in the active military, naval, or air service of the United States, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict.</text> </level> <level label="b"> <text>There is a recreational oyster license.</text> </level> <level label="c"> <text>Except as provided in subsection (f) of this section, a person at least 16 years old shall secure a recreational oyster license to harvest oysters in the tidal waters of the State.</text> </level> <level label="d"> <level label="1"> <text>The Department shall develop and publish an application form for obtaining a recreational oyster license.</text> </level> <level label="2"> <level label="i"> <text>Except as provided in subsection (f) of this section, to obtain a recreational oyster license to harvest oysters in the waters of the State, a State resident at least 16 years old shall submit to the Department an application using the form developed and published by the Department.</text> </level> <level label="ii"> <text>The application shall include:</text> <level label="1"> <text>The last four digits of the applicant’s Social Security number, if the applicant has a Social Security number;</text> </level> <level label="2"> <text>Payment of a $10 application fee; and</text> </level> <level label="3"> <text>Any other information requested by the Department.</text> </level> </level> <level label="iii"> <text>The Department shall use a portion, as determined by the Department, of the application fee collected under this paragraph to replenish public fishery oyster bars by planting shell and juvenile oysters.</text> </level> </level> <level label="3"> <text>An applicant may not willfully make a false statement or representation to the Department on the application.</text> </level> </level> <level label="e"> <level label="1"> <level label="i"> <text>A recreational oyster license may be issued by an authorized agent of the Department.</text> </level> <level label="ii"> <text>The Department may designate a person engaged in a commercial enterprise as an agent to sell recreational oyster licenses.</text> </level> <level label="iii"> <text>An agent may retain 50 cents for each recreational oyster license issued by the agent.</text> </level> </level> <level label="2"> <text>The Department shall issue a complimentary recreational oyster license to a resident of the State who certifies that the resident is:</text> <level label="i"> <text>A former prisoner of war;</text> </level> <level label="ii"> <text>An American veteran who is determined to be unemployable by the U.S. Department of Veterans Affairs;</text> </level> <level label="iii"> <text>A 100% service–connected disabled American veteran; or</text> </level> <level label="iv"> <text>Blind.</text> </level> </level> <level label="3"> <text>The Department shall:</text> <level label="i"> <text>Issue a discounted recreational oyster license to a resident of the State who is a recipient of the Purple Heart Award; and</text> </level> <level label="ii"> <text>Determine the cost of the discounted application fee.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>Subject to paragraph (2) of this subsection, an individual may catch oysters without a recreational oyster license if the individual:</text> <level label="i"> <text>Owns or leases property bordering tidal waters of the State; or</text> </level> <level label="ii"> <level label="1"> <text>Is the spouse or immediate family member of the individual under item (i) of this paragraph; and</text> </level> <level label="2"> <text>Resides on the property owned or leased under item (i) of this paragraph.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>Before an individual may catch oysters in accordance with this subsection, the individual shall:</text> <level label="1"> <text>Register with the Department; and</text> </level> <level label="2"> <text>Provide all information requested by the Department.</text> </level> </level> <level label="ii"> <text>The Department may not establish a fee to register under this paragraph.</text> </level> </level> </level> <level label="g"> <text>A licensee shall physically possess the license while harvesting or attempting to harvest oysters.</text> </level> <level label="h"> <level label="1"> <text>A recreational oyster license shall be valid for 1 year following the date of issuance.</text> </level> <level label="2"> <text>A licensee may not transfer a recreational oyster license.</text> </level> </level> <level label="i"> <text>The Department may adopt regulations to implement this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1005" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>Subject to restrictions promulgated pursuant to this subtitle, a person may catch oysters or clams in the waters of the State only by hand, rakes, tongs, patent tongs, diving apparatus, dredges, handscrapes, cultch material suspended on strings, in trays, in bags, or similar devices. Soft-shell clams may be caught by hydraulic or mechanical dredges or rigs.</text> </level> <level label="b"> <text>The Department may make uniform the size and weight of patent tongs in waters where patent tongs are permitted. However, any person using any size or weight patent tongs on June 1, 1964, may continue to use them.</text> </level> <level label="c"> <text>A person may catch oyster spat in the waters of the State by suspended means such as cultch material on strings, trays, bags, or similar devices, which do not touch the bottom and do not interfere with navigation.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1006" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>A person may not catch oysters or clams within 400 yards of the Federal Research Laboratory at Oxford.</text> </level> <level label="b"> <level label="1"> <text>A person may not catch oysters or clams on any area closed by the Department of the Environment due to pollution.</text> </level> <level label="2"> <text>However, oysters may be transplanted from areas deemed polluted during the closed season in accordance with the provisions of § 4-1009 of this subtitle and § 4-1106 of this title.</text> </level> <level label="3"> <level label="i"> <text>If the Department of the Environment closes any area to the catching of oysters or clams under this subsection, in addition to the notice required in subparagraph (ii) of this paragraph, the Department of Natural Resources shall mark the area so that the area can be seen from the water.</text> </level> <level label="ii"> <text>The Department of Natural Resources shall adopt rules and regulations to provide for the marking in a plain and visibly obvious fashion of any area that is closed to the catching of oysters or clams because of pollution. Even in the absence of such marking devices, a person may not catch oysters or clams in a restricted area as designated by the Department of the Environment if notice has been given to the appropriate governing body and the committee of watermen of any county affected by the restriction.</text> </level> </level> </level> <level label="c"> <text>During the open season for migratory wild waterfowl, a person may not catch oysters in Charles County within 500 yards of any stationary blind or blind site which is occupied and is being used for hunting migratory wild waterfowl.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1006.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“SAV protection zone” means an area delineated by the Department for the protection from uprooting and the restoration of submerged aquatic vegetation.</text> </level> <level label="3"> <text>“SAV survey” means:</text> <level label="i"> <text>The annual submerged aquatic vegetation survey compiled by the Virginia Institute of Marine Sciences for the Chesapeake Bay and Atlantic Coastal Bays; or</text> </level> <level label="ii"> <text>Any other survey that:</text> <level label="1"> <text>Encompasses the distribution of submerged aquatic vegetation in:</text> </level> <level label="A"> <text>The Chesapeake Bay;</text> </level> <level label="B"> <text>The Atlantic Coastal Bays; or</text> </level> <level label="C"> <text>The Chesapeake Bay and the Atlantic Coastal Bays;</text> </level> <level label="2"> <text>Uses a methodology for SAV surveys approved by the U.S. Environmental Protection Agency’s Chesapeake Bay Program; and</text> </level> <level label="3"> <text>Is approved by the Department.</text> </level> </level> </level> </level> <level label="b"> <level label="1"> <text>In 2004 and every 3 years thereafter, the Department shall update the delineations of SAV protection zones that were completed in 2001.</text> </level> <level label="2"> <text>The updated delineations shall include areas where submerged aquatic vegetation has been mapped by SAV surveys during at least 1 of the previous 3 years.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a previously delineated SAV protection zone may be opened to the use of the gear set forth in subsection (f) of this section during an update if:</text> <level label="i"> <text>SAV surveys have not shown any submerged aquatic vegetation in the area during the past 3 years; or</text> </level> <level label="ii"> <text>SAV surveys have shown the density of submerged aquatic vegetation in that area to be less than 10% during each of the past 6 years.</text> </level> </level> <level label="2"> <text>The areas in the vicinity of Smith Island, South Marsh Island, and Bloodsworth Island that were closed to hydraulic clam dredging in the 1999 delineation shall be closed to the gear set forth in subsection (f) of this section and may not be reopened.</text> </level> </level> <level label="d"> <level label="1"> <text>To the extent possible, the Department shall adjust SAV protection zones so that delineations are geographically manageable, utilizing straight lines and existing points of reference.</text> </level> <level label="2"> <level label="i"> <text>To the extent possible, an adjustment made in accordance with paragraph (1) of this subsection shall result in no net loss or gain of protected area.</text> </level> <level label="ii"> <text>To the extent possible, to prevent the net loss or gain of protected area resulting from an adjustment made in accordance with paragraph (1) of this subsection, the adjustment may:</text> <level label="1"> <text>Exclude small areas of vegetated bottom; or</text> </level> <level label="2"> <text>Include small areas of unvegetated bottom.</text> </level> </level> </level> </level> <level label="e"> <text>The Department:</text> <level label="1"> <text>Shall utilize buoys or other visible landmarks as appropriate to mark SAV protection zones;</text> </level> <level label="2"> <text>May make revisions to the delineations of SAV protection zones at any time if determined to be necessary; and</text> </level> <level label="3"> <text>Shall publish, by public notice, delineations of SAV protection zones and revisions to SAV protection zones.</text> </level> </level> <level label="f"> <text>A person may not use the following gear in a SAV protection zone:</text> <level label="1"> <text>A hydraulic clam dredge;</text> </level> <level label="2"> <text>A traditional bottom dredge; and</text> </level> <level label="3"> <text>A shinnecock rake.</text> </level> </level> <level label="g"> <text>This section may not be construed to affect the authority of the Department to adopt any additional measures that the Department determines are necessary to protect submerged aquatic vegetation beds in the waters of the State.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1006.2" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department annually shall publish maps and coordinates of oyster sanctuaries, closed oyster harvest reserve areas, and areas closed to shellfish harvest by the Department of the Environment.</text> </level> <level label="b"> <level label="1"> <text>The Department shall provide the publications required under this section to each tidal fish licensee who pays the oyster surcharges required under § 4–701(g) of this title.</text> </level> <level label="2"> <text>Before a person may catch oysters under a tidal fish license that has an oyster authorization and for which the oyster surcharges have been paid, the person shall certify to the Department on a form the Department prescribes that the person received the publications required under this section.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1007" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department may adopt regulations designating oyster and clam buying stations and establishing the procedures for selling oysters and clams.</text> </level> <level label="b"> <text>The Department shall print up and make available to the buyer of oysters or clams the necessary forms required in regulations adopted under this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1008" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Introduction” means the intentional or accidental placement in State waters of a nonnative oyster for any purpose other than scientific research that is conducted in accordance with standards developed by the Chesapeake Bay Program under the U.S. Environmental Protection Agency.</text> </level> <level label="3"> <text>“Nonnative” means a species of oyster other than the Crassostrea virginica.</text> </level> </level> <level label="b"> <text>Except for the Department, a person may not introduce a nonnative oyster into State waters unless the person has a permit issued by the Department.</text> </level> <level label="c"> <level label="1"> <text>The Department may not introduce a nonnative oyster into State waters or issue a permit to another person for an introduction unless:</text> <level label="i"> <text>The recommendations set forth in the 2004 report, “Nonnative Oysters in the Chesapeake Bay”, produced by the Committee on Nonnative Oysters in the Chesapeake Bay, Ocean Studies Board, Division on Earth and Life Studies of the National Research Council, have been met to the extent feasible for the State of Maryland;</text> </level> <level label="ii"> <text>The specific research recommendations set forth in “Identifying and Prioritizing Research Required to Evaluate Ecological Risks and Benefits of Introducing Diploid Crassostrea Ariakensis to Restore Oysters to the Chesapeake Bay” (STAC Publication 04–002), have been fully met;</text> </level> <level label="iii"> <text>A draft environmental impact statement conducted in accordance with the recommendations specified in items (i) and (ii) of this paragraph has been completed; and</text> </level> <level label="iv"> <text>An independent oyster advisory panel of scientific experts appointed by the Secretary has:</text> <level label="1"> <text>Reviewed and approved the sufficiency of the data and assessments used to identify the ecological and economic risks and benefits of introducing a nonnative oyster into State waters and the degree of risk associated with implementing each oyster restoration alternative identified in the draft environmental impact statement prepared in accordance with item (iii) of this paragraph; and</text> </level> <level label="2"> <text>Identified any additional research that the panel recommends to reduce the level of risk and uncertainty.</text> </level> </level> </level> <level label="2"> <text>Before the Department may introduce a nonnative oyster into State waters or issue a permit to another person for an introduction, the Department shall:</text> <level label="i"> <text>Subject to § 2–1257 of the State Government Article, submit a report to the General Assembly demonstrating that the Department has met the requirements of paragraph (1) of this subsection;</text> </level> <level label="ii"> <text>Conduct public hearings regarding the Department’s decision to introduce or to issue a permit to introduce a nonnative oyster into State waters;</text> </level> <level label="iii"> <text>For at least 30 days following the last public hearing conducted under item (ii) of this paragraph, receive written public comments on the Department’s decision to introduce or to issue a permit to introduce; and</text> </level> <level label="iv"> <level label="1"> <text>Issue and publish a final decision, including a full scientific rationale for the final decision, a summary of oral and written comments received under items (ii) and (iii) of this paragraph, and the Department’s response to these comments, in the Maryland Register; and</text> </level> <level label="2"> <text>Publish the final decision, including all accompanying documentation under item 1 of this item, on the Department’s website.</text> </level> </level> </level> <level label="3"> <text>Introduction of a nonnative oyster may not occur until at least 60 days after issuance of a final decision under paragraph (2)(iv) of this subsection.</text> </level> </level> <level label="d"> <text>In addition to any other penalty provided under law, a person who violates subsection (b) of this section is:</text> <level label="1"> <text>Guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $25,000 or both, with costs imposed in the discretion of the court; and</text> </level> <level label="2"> <text>Liable for the imposition of a civil penalty up to $25,000 and, in the discretion of the court, the actual costs associated with remediation of the introduction.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1008.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department may prolong by not more than two weeks the season for catching oysters.</text> </level> <level label="b"> <level label="1"> <text>On the recommendation of the Calvert County or the St. Mary’s County tongers’ committee, the Department may authorize handscraping of oysters in the waters of Calvert and St. Mary’s counties for 2 weeks, if inclement weather has prevailed during the tonging season.</text> </level> <level label="2"> <text>The Department shall determine the areas where handscraping of oysters is permitted.</text> </level> <level label="3"> <text>The Department shall establish regulations for the handscraping of oysters under this subsection. There shall be a catch limit of 10 bushels per person and no more than 30 bushels per boat. A person may not handscrape for oysters after 12:00 noon.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1009" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>During the closed season for taking oysters, a person may take seed oysters from the natural bars of the State marked by the Department for a period not exceeding one month in any one year, at times designated by the Department. The seed oysters shall be taken only in accordance with rules and regulations the Department prescribes, sold only to lessees of private oyster grounds, delivered only on leased oyster bottoms and subject to the provisions of § 4–1103(c) of this title.</text> </level> <level label="b"> <text>The Secretary may establish by rule or regulation daily catch limits on the quantities of oysters which may be caught from the waters of the State except leased areas and aquaculture enterprise zones, and may amend the daily catch limits to conserve the public oyster resource. Notice of the establishment or amendment of these catch limits, including all applicable reasons for the Department’s action, shall be given before publication, to the Joint Committee on Administrative, Executive, and Legislative Review and by publication of the notice in at least one newspaper of general circulation in the State, in at least one newspaper of general circulation in each county in which the affected waters are located, and on the website of the Department not less than one week prior to the effective date.</text> </level> <level label="c"> <text>A person may not land, sell, or attempt to land or sell on any day oysters from the waters of the State exceeding the daily catch limit established by the Secretary by more than 10 percent. However, in emergencies, the Department may authorize unloading up to two daily catch limits in 1 day. A licensed oyster buyer or dealer may sell or attempt to sell oysters which he shows were purchased from another catcher.</text> </level> <level label="d"> <text>All oysters landed or offered for sale on any day by any person licensed to catch oysters which are in excess of the daily catch limit shall become the property of the State, and payment shall be made directly to the State by the buyer or receiver of the oysters at the same price paid the catcher for the balance of his catch. All funds received under this subsection shall be deposited to the credit of the Fisheries Research and Development Fund and shall be used for repletion of the natural oyster bars of the State.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1009.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department may adopt regulations which designate an area as a harvest reserve area for oysters.</text> </level> <level label="b"> <text>Notwithstanding any other provision of law, by publishing public notice, the Department may establish for a harvest reserve area:</text> <level label="1"> <text>The opening or closure of an area for the harvesting or conservation of oysters;</text> </level> <level label="2"> <text>The harvest limit;</text> </level> <level label="3"> <text>The seasons, days, and times when oysters may be harvested;</text> </level> <level label="4"> <text>A minimum size limit of not less than 3 inches; and</text> </level> <level label="5"> <text>A maximum size limit.</text> </level> </level> <level label="c"> <level label="1"> <text>An action of the Department under subsection (b) of this section may not become effective until:</text> <level label="i"> <text>A copy of the notice to be published under item (ii) of this paragraph has been delivered to the Joint Committee on Administrative, Executive, and Legislative Review; and</text> </level> <level label="ii"> <text>48 hours after notice has been published:</text> <level label="1"> <text>In at least one newspaper of general circulation in the State;</text> </level> <level label="2"> <text>In at least one newspaper of general circulation in each county in which the affected waters are located; and</text> </level> <level label="3"> <text>On the website of the Department.</text> </level> </level> </level> <level label="2"> <text>The notice required under paragraph (1) of this subsection shall state all applicable reasons for the Department’s action.</text> </level> </level> <level label="d"> <text>The Department shall use the following biological criteria for the opening and closing of a harvest reserve area:</text> <level label="1"> <text>Growth rates;</text> </level> <level label="2"> <text>Disease prevalence and intensity;</text> </level> <level label="3"> <text>Mortality thresholds; and</text> </level> <level label="4"> <text>Biomass thresholds.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1010" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>A person may not have patent tong heads on board a boat when shaft tonging in Queen Anne’s County, Wicomico County, and Kent County waters.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1012" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>A person may not catch oysters by dredge in the Atlantic Coastal Bays, as defined in § 8–1802 of this article, or in the following areas of the Chesapeake Bay: the area bounded by a line drawn from Lowes Point towards the Bloody Point Lighthouse for a distance of 1.8 miles, and then direct to North Point on Poplar Island; then southerly around the westerly shore of Poplar Island to the southwesterly most point; then running in a straight line to the Department marker on the northern shore of Pawpaw Cove which area shall be reserved for catching of oysters with shaft tongs only; all the area lying within one–fourth mile of the western shore of Poplar Island; all the area within one–half mile of Plum Point; all the area within one and one–half miles of Sandy Point, Hackett Point, Tolly Point, and Thomas Point within Anne Arundel County waters; and the following oyster bars: 2–9, 2–10, 5–1, 5–2, 5–3A, 5–3B, 8–2, 8–6, and 8–9, as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.</text> </level> <level label="b"> <text>Any boat sailing over any areas of the State which are exempt from dredging, by this subtitle or by rule or regulation of the Department, with any dredge, scrape, scoop, or similar instrument on board or in tow, may be apprehended by any Natural Resources police officer or any other law enforcement officer. If the boat has on board any wet oysters, dredge, or dredge line, or if the deck is wet and the boat is equipped for catching oysters with dredge or similar instrument, these facts shall be prima facie evidence that the boat has been used to violate the provisions of this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1013" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <level label="1"> <text>This subsection applies only to a dredge boat that:</text> <level label="i"> <text>Is a functional sailing vessel used to catch oysters or clams by dredge;</text> </level> <level label="ii"> <text>Is built in the style of a traditional Chesapeake Bay bugeye, schooner, or skipjack;</text> </level> <level label="iii"> <text>Uses a sailing rig composed of at least one mast and one boom capable of holding sails and configured for sailing;</text> </level> <level label="iv"> <text>Includes a set of davits capable of removing an auxiliary yawl boat from the water;</text> </level> <level label="v"> <text>Does not have a screw, a propeller, an engine, a turbine, or any other device for self–propulsion used in catching oysters by dredge; and</text> </level> <level label="vi"> <text>Meets all United States Coast Guard requirements.</text> </level> </level> <level label="2"> <text>Any person who owns or is in charge of operating any dredge boat shall have a license to catch oysters by dredge boat.</text> </level> <level label="3"> <text>The owner, captain, master, or any crew member of any dredge boat capable of self–propulsion by any motor, turbine, or other engine attached to the dredge boat, may not have on board the dredge boat, or in tow, or permit on board or in tow, any scoop, handscrape, dredge, or similar instrument used in dredging, or any winch, spool, winder, or other tackle used in dredging, unless the dredge boat is permitted by the Department to dredge on leased land, or is engaged in taking seed oysters under the surveillance and with the permission of the Department.</text> </level> <level label="4"> <text>Notwithstanding any other provisions of this subtitle, the Department may designate by regulation a period of time not to exceed 3 days in any one week during which dredge boats licensed under this subtitle may be propelled by means of the auxiliary yawl boat carried on the dredge boat in the waters of the Chesapeake Bay.</text> </level> </level> <level label="b"> <text>The Department may prescribe the maximum daily harvest limit on any day.</text> </level> <level label="c"> <text>The owner, captain, master, or any crew member of any boat may not catch oysters by scoop, handscrape, or dredge, or permit oysters to be caught by scoop, handscrape, or dredge, on any land in the State leased for cultivating oysters unless the boat is permitted by the Department for dredging on leased land, and the owner, captain, or master of the boat has on board the written consent of the lessee or tenant of the leased land from which any oysters are caught.</text> </level> <level label="d"> <level label="1"> <text>All submerged land of the State not leased for cultivation of oysters nor designated as dredging territory by this subtitle shall be reserved for tongers exclusively.</text> </level> <level label="2"> <text>The owner, captain, master or any crew member of any boat may not catch oysters by scoop, handscrape, or dredge, or attempt or conspire to catch oysters by scoop, handscrape, or dredge, from any submerged land of the State reserved for tongers exclusively or closed by any regulation or order of the Department.</text> </level> <level label="3"> <text>The taking of oysters by scoop, dredge or handscrape by hand may be authorized by the Secretary upon the recommendations of the appropriate county tongers committee, in areas reserved for tonging when areas which are designated for tonging oysters are closed because of icing conditions at least 7 consecutive days.</text> </level> <level label="4"> <text>Handscraping may be authorized on a day for working day basis according to the number of days when tonging is not possible because of ice cover, but not to exceed 14 working days.</text> </level> <level label="5"> <text>The Secretary may specify areas to be opened and restrictions on gear.</text> </level> <level label="6"> <text>There shall be a limit of 10 bushels per person and no more than 30 bushels per boat.</text> </level> <level label="7"> <text>A person may not handscrape for oysters after 12 noon.</text> </level> <level label="8"> <text>This subsection does not apply to catching seed oysters under the surveillance and with the permission of the Department.</text> </level> </level> <level label="e"> <text>A person may not catch oysters in the waters of the State or possess any scoop, dredge, handscrape, or similar instrument having a tooth bar more than 42 inches in length measuring from the outside teeth on dredges used in dredging on rock bottoms or 44 inches in length measuring from the outside teeth on dredges used in dredging on mud bottoms, or of a weight exceeding 200 pounds.</text> </level> <level label="f"> <text>Subject to the laws relating to firearms, the captain, master or any person on board or having control of any dredge boat, may not have or permit to be kept on the dredge boat more than two shotguns not larger than a number ten gauge and using shot not larger than number one.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1014" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>There is established a network of oyster sanctuaries in the five tributaries identified by the Department for large–scale restoration in accordance with the 2014 Chesapeake Bay Watershed Agreement.</text> </level> <level label="b"> <text>In accordance with subsection (a) of this section:</text> <level label="1"> <text>There is an oyster sanctuary in Harris Creek that includes all of the waters of Harris Creek enclosed by a line beginning at a point on the east shore of Tilghman Island defined by Latitude 38 degrees 42.241 minutes north, Longitude 76 degrees 19.997 minutes west; then running northerly to a point on the south shore of Knapps Narrows, defined by Latitude 38 degrees 42.925 minutes north, Longitude 76 degrees 19.709 minutes west; then running 49 degrees true to a point on the north shore of Knapps Narrows, defined by Latitude 38 degrees 43.035 minutes north, Longitude 76 degrees 19.547 minutes west; then running northerly along the west shore of Harris Creek to its headwaters and then southerly along the east shore of Harris Creek to a point on the shore of Change Point defined by Latitude 38 degrees 43.008 minutes north, Longitude 76 degrees 17.656 minutes west; then running 247 degrees true to the point of beginning;</text> </level> <level label="2"> <text>There is an oyster sanctuary in the Little Choptank River that includes all of the waters of the Little Choptank River upstream of a line beginning at a point on the shore of Susquehanna Point defined by Latitude 38 degrees 30.642 minutes north, Longitude 76 degrees 15.492 minutes west; then running 329 degrees true to a point on shore at the south end of Ragged Point Island, defined by Latitude 38 degrees 31.886 minutes north, Longitude 76 degrees 16.440 minutes west;</text> </level> <level label="3"> <text>There is an oyster sanctuary in the Tred Avon River that includes all of the waters of the Tred Avon River north and east of a line beginning at a point on the shore on the east side of Town Creek, defined by Latitude 38 degrees 41.835 minutes north, Longitude 76 degrees 9.923 minutes west; then running 255 degrees true to a point defined by Latitude 38 degrees 41.823 minutes north, Longitude 76 degrees 9.981 minutes west; then running 0 degrees true to a point on the shore of the east side of Plaindealing Creek, defined by Latitude 38 degrees 42.576 minutes north, Longitude 76 degrees 9.978 minutes west;</text> </level> <level label="4"> <text>There is an oyster sanctuary in the St. Mary’s River that includes all of the waters of the St. Mary’s River beginning at a point on the shore southwest of Deep Point defined by Latitude 38 degrees 11.279 minutes north, Longitude 76 degrees 26.639 minutes west; then running 89 degrees true to a point on the shore at Church Point defined by Latitude 38 degrees 11.286 minutes north, Longitude 76 degrees 26.263 minutes west; and</text> </level> <level label="5"> <text>There is an oyster sanctuary in the Manokin River that includes all of the waters of the Manokin River upstream of a line beginning at a point on the shore of Hazard Point defined by Latitude 38 degrees 4.571 minutes north, Longitude 75 degrees 52.694 minutes west; then running 306 degrees true to a point on the shore at Pin Point on Little Deal Island, defined by Latitude 38 degrees 6.750 minutes north, Longitude 75 degrees 56.552 minutes west; and east of a line beginning at a point on the shore at the north end of Little Deal Island, defined by Latitude 38 degrees 7.695 minutes north, Longitude 75 degrees 56.816 minutes west; then running 209 degrees true to a point on the shore on the west side of Lower Thorofare, defined by Latitude 38 degrees 7.652 minutes north, Longitude 75 degrees 56.847 minutes west; and southeast of a line beginning on the shore on the east side of Laws Thorofare, defined by Latitude 38 degrees 8.904 minutes north, Longitude 75 degrees 55.964 minutes west; then running 251 degrees true to a point on the west side of Laws Thorofare, defined by Latitude 38 degrees 8.873 minutes north, Longitude 75 degrees 56.077 minutes west.</text> </level> </level> <level label="c"> <level label="1"> <text>This subsection does not apply to a person who engages in aquaculture activities within an oyster sanctuary in accordance with a valid lease issued under Subtitle 11A of this title.</text> </level> <level label="2"> <text>A person may not catch oysters in or remove oyster seed from an oyster sanctuary:</text> <level label="i"> <text>Described in subsection (b) of this section; or</text> </level> <level label="ii"> <text>Established by the Department in regulation.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>The Department, in coordination with the Oyster Advisory Commission, the Oyster Interagency Workgroup, and interested stakeholders, shall develop and implement restoration plans for each of the oyster sanctuaries described in subsection (b) of this section.</text> </level> <level label="2"> <text>Each restoration plan shall:</text> <level label="i"> <text>Establish acreage targets that exceed 50% of the currently restorable oyster habitat in the sanctuary, as defined by the Oyster Interagency Workgroup;</text> </level> <level label="ii"> <text>For reef construction, require the use of substrate that has been demonstrated in previous tributary–scale oyster restoration projects to maximize oyster density;</text> </level> <level label="iii"> <text>Establish a project implementation timeline that demonstrates how restoration targets will be achieved by 2025, in accordance with the 2014 Chesapeake Bay Watershed Agreement; and</text> </level> <level label="iv"> <text>Include plans for continued monitoring of the sanctuary and corrective actions to be taken by the Department if future monitoring indicates that a sanctuary is no longer meeting the following minimum requirements:</text> <level label="1"> <text>On restored reefs:</text> </level> <level label="A"> <text>A minimum density of 15 oysters per square meter;</text> </level> <level label="B"> <text>A minimum biomass of 15 grams dry weight per square meter;</text> </level> <level label="C"> <text>A minimum of at least 2–year classes of oysters; and</text> </level> <level label="D"> <text>Substrate or oysters present on at least 30% of the reef area; and</text> </level> <level label="2"> <text>Within the whole sanctuary, a minimum of 50% of reef habitat, constituting at least 8% of historic oyster habitat, meeting the requirements of item 1 of this item.</text> </level> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1014.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>This section applies only to the waters of the State that lie contiguous to Somerset County in the Chesapeake Bay.</text> </level> <level label="b"> <text>There is an oyster sanctuary in Monie Bay known as the Webster ground that includes all the waters inshore of a line northeasterly from Long Point to a designated point in Monie Bay at latitude 38 degrees, 12 minutes, 37.8 seconds north, longitude 75 degrees, 51 minutes, 51.0 seconds west, then southwesterly to the eastern entrance to Pigeon House Creek.</text> </level> <level label="c"> <text>A person may not catch oysters in the oyster sanctuary described in subsection (b) of this section or an oyster sanctuary that was established by regulations adopted by the Department.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1014.2" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>This section applies only to the waters of the State that lie contiguous to Calvert County in the Chesapeake Bay.</text> </level> <level label="b"> <text>A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1014.3" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>This section applies only to the waters of the State that lie contiguous to St. Mary’s County in the Chesapeake Bay.</text> </level> <level label="b"> <text>A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1014.4" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>This section applies only to the waters of the State that lie contiguous to Dorchester County in the Chesapeake Bay.</text> </level> <level label="b"> <text>A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1015" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>A person who catches oysters from the waters of the State with any scoop, dredge, tong, rake, or any similar instrument shall cull the oysters on the natural bar from which they were caught, and return to the bar all shells, stones, gravel, and slag. Any oyster whose shell measures less than 3 inches in distance between its longest or widest points, whether or not attached to a marketable oyster, shall be included in the culling and replaced on the bar from which caught. The Department by rule may permit the possession of marketable oysters to which nonmarketable oysters adhere so closely that it is impossible to remove them without destroying the smaller oyster. Oyster culling shall be completed before any oyster is thrown or deposited in the hold or bottom of any boat.</text> </level> <level label="b"> <text>After culling and placing in the hold or bottom of a boat, a person’s possession of oysters may not include a combined total of more than 5 percent of oysters which measure less than 3 inches from hinge to bill, and cultch consisting of shells, stones, gravel, and slag. In ascertaining this percentage the Department shall select by random sample an amount of oysters from any pile, hold, bin, house, or place as deemed proper and require it to be culled and disposed of, as provided by this section. All small oysters and cultch that adhere to marketable oysters shall be separated, and the marketable oysters shall be excluded from any measurement of small oysters and cultch. However, a person may possess marketable oysters that have undersized oysters or spat less than 1 inch in length from hinge to bill attached to them that cannot be separated without destroying the small oyster.</text> </level> <level label="c"> <text>A person may not transport or attempt to transport outside the State oysters measuring less than 3 inches in length from hinge to mouth regardless of whether they are caught on the natural bars of the State or from private beds and lots in the State.</text> </level> <level label="d"> <text>The provisions of this subtitle relating to the inspection and culling of oysters and the imposition of penalties for any violation of the cull law apply to oysters in the shell found anywhere within the State, whether afloat or ashore, and whether said oysters have been caught within the waters of the State or shipped or brought into the State. However, oysters containing more than 5 percent shells or small oysters legally taken from privately owned beds outside the State may be admitted if:</text> <level label="1"> <text>Inspected by the Department prior to storage in a shucking house; and</text> </level> <level label="2"> <text>Accompanied by a bill of sale or bill of lading issued by the private planters selling the cargo or an appropriate certificate from the authorities of the state of origin, certifying that the cargo was caught from privately owned oyster beds in the state of origin and that the oysters were caught in full compliance with the laws of that state.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1015.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <level label="1"> <text>Notwithstanding any other provision of this subtitle or regulation promulgated thereunder, a person who catches oysters from the waters of this State using any sort of diving apparatus shall cull the oysters on the natural bar from which they were caught, and return to the bar all shells, stones, gravel, and slag. Any oyster whose shell measures less than 3 inches in distance between its longest or widest points, whether or not attached to a marketable oyster, shall be included in the culling and replaced on the bar from which caught. Oyster culling shall be completed before any oyster is thrown or deposited in the hold or bottom of any boat.</text> </level> <level label="2"> <text>After culling and placing in the hold or bottom of a boat, a diver’s possession of oysters may not include a combined total of more than 5 percent of oysters which measure less than 3 inches between its longest or widest points, and cultch consisting of shells, stones, gravel, and slag. In ascertaining this percentage the Department shall select by random sample an amount of oysters from any pile, hold, bin, house, or place as deemed proper and require it to be culled and disposed of, as provided by this section. All small oysters and cultch that adhere to marketable oysters shall be separated, and the marketable oysters shall be excluded from any measurement of small oysters and cultch. However, a person may possess marketable oysters that have undersized oysters or spat less than 1 inch in distance between their longest or widest points attached to them that cannot be separated without destroying the small oyster.</text> </level> </level> <level label="b"> <level label="1"> <text>This subsection applies to persons aboard a boat who are using diving apparatus to catch oysters for commercial purposes from the waters of the State.</text> </level> <level label="2"> <text>Not more than two divers may work from a boat at any one time.</text> </level> <level label="3"> <text>Each diver shall have one attendant on the boat.</text> </level> <level label="4"> <text>For each combination of a diver and an attendant, either the diver or the attendant or both shall possess an authorization to catch oysters for commercial purposes.</text> </level> <level label="5"> <text>Subject to paragraph (6) of this subsection and notwithstanding any other provision of this subtitle:</text> <level label="i"> <text>If both the diver and the attendant possess an oyster authorization, the combination may catch up to the equivalent of two times the daily catch limit as set forth in COMAR 08.02.04.06; or</text> </level> <level label="ii"> <text>If only one of the diver or attendant combination possesses an oyster authorization, the combination may catch up to the daily catch limit as set forth in COMAR 08.02.04.06.</text> </level> </level> <level label="6"> <text>Persons on a boat may not catch more than the equivalent of two times the daily catch limit as set forth in COMAR 08.02.04.06.</text> </level> <level label="7"> <level label="i"> <text>Any person aboard a boat on which more than the equivalent of two times the daily catch limit as set forth in COMAR 08.02.04.06 have been caught in a day may be charged with a violation of this subsection.</text> </level> <level label="ii"> <text>Any person aboard a boat may be charged with a violation of this subsection for a boat on which:</text> <level label="1"> <text>One diver is working from the boat;</text> </level> <level label="2"> <text>Only one of the diver and attendant combination possesses an oyster authorization; and</text> </level> <level label="3"> <text>More than the daily catch limit as set forth in COMAR 08.02.04.06 has been caught in a day.</text> </level> </level> </level> </level> <level label="c"> <text>The Department shall by rule and regulation set aside certain waters of this State to be used exclusively by hand tongers in catching oysters. Before adopting the regulations in their final form, the Department shall consult each of the local hand tonger committees.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1017" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>Unless a license first is obtained from the Department, a person may not (1) have a fixed place of business buying oysters and employing labor to prepare them for market, or (2) buy more than 25 bushels of oysters per year from persons who catch them from the natural oyster bars of the State.</text> </level> <level label="b"> <text>The Department may not issue a license required by this section unless the applicant pays all taxes due for the prior year under § 4-1020 of this subtitle.</text> </level> <level label="c"> <text>A person may possess oysters caught from the natural oyster bars of the State until one week past the close of the season for taking oysters as established in § 4–1008.1 of this subtitle. Oysters may be caught by dredge or handscrape at any time in Worcester County and may be shipped in the shell at any time within or from that county. In counties where oysters may be caught from leased areas at any time pursuant to the provisions of Subtitle 11A of this title, a person may possess oysters at any time.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1018" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department may adopt regulations governing the size, type, and use of containers used to measure oysters harvested or sold in the State.</text> </level> <level label="b"> <text>Due to the quantity of water contained in measures of newly shucked oysters, any proprietor or manager of a plant, house, or establishment shall measure oysters as received from the shuckers in a special gallon cup which contains no more than 9 pints. Any device other than this 9 pint gallon cup may not be used to measure any oysters received from shuckers. A Natural Resources police officer shall stamp every 9 pint gallon measure used in measuring newly shucked oysters. A proprietor or manager of any house, plant, or establishment which shucks oysters shall have every 9 pint gallon measure stamped.</text> </level> <level label="c"> <text>Every shucked oyster sold in the State shall be sold by the standard United States one–half pint, pint, quart, or gallon liquid measure, or by fractions or multiples of these liquid measures.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1019" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>Any person buying or selling oyster shells shall report to the Department, at times the Department prescribes by rule or regulation, every purchase or sale of oyster shells, stating the number of bushels purchased or sold, the date of sale, the name and address of the other party to the transaction, and any other information the Department prescribes by rule or regulation.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1019.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department shall provide annual grants to nonprofit organizations, community associations, restaurants, and seafood processors and dealers that recycle oyster shells by providing the shell to an authorized shell recycling collector certified by the Department.</text> </level> <level label="b"> <level label="1"> <text>Grants to nonprofit organizations and community associations shall be provided in the following amounts:</text> <level label="i"> <text>$100 for the recycling of at least 5 but less than 20 bushels of oyster shells in a year; and</text> </level> <level label="ii"> <text>$250 for the recycling of at least 20 bushels of oyster shells in a year.</text> </level> </level> <level label="2"> <text>Grants to restaurants and seafood processors and dealers shall be provided at a rate of $5 per bushel up to a maximum of $2,000 per year.</text> </level> </level> <level label="c"> <text>The Department shall provide, at no cost, receptacles for the collection of oyster shells to restaurants that agree to recycle at least 25 bushels of oyster shells per year.</text> </level> <level label="d"> <level label="1"> <text>The Department shall adopt regulations to carry out the provisions of this section.</text> </level> <level label="2"> <text>The regulations shall establish eligibility criteria and provide for the certification of nonprofit organizations, community associations, restaurants, and seafood processors and dealers to verify the amount of oyster shells recycled by each entity.</text> </level> <level label="3"> <text>The Department may enter into agreements with nonprofit organizations with expertise in oyster shell recycling to execute the provisions of this section.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1019.2" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>This section does not apply to:</text> <level label="1"> <text>An individual who takes or uses oysters for personal use or consumption purposes; or</text> </level> <level label="2"> <text>Old oyster shells that are dredged from the Chesapeake Bay or its tributaries.</text> </level> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, any licensed oyster dealer shall reserve for 8 months after the opening of each annual public shellfish fishery season all shells of oysters harvested from the Chesapeake Bay or its tributaries and commercially shucked in the State for purchase by the Department for oyster restoration, unless the dealer plants or provides the shells for planting:</text> <level label="1"> <text>In an area privately leased for aquaculture purposes;</text> </level> <level label="2"> <text>On riparian bottom as provided in § 4–11A–17 of this title for the propagation of oysters; or</text> </level> <level label="3"> <text>On public shellfish fishery areas designated by the Department.</text> </level> </level> <level label="c"> <level label="1"> <text>The Department shall determine whether sufficient funds are available for the Oyster Shell Purchase Program under this section.</text> </level> <level label="2"> <text>The Department shall notify every licensed oyster dealer not later than September 1 of each year whether the Oyster Shell Purchase Program will be carried out during the ensuing license year.</text> </level> <level label="3"> <text>If the Department does not notify licensed oyster dealers that the Oyster Shell Purchase Program will be carried out during the ensuing license year, a licensed oyster dealer may sell or dispose of fresh oyster shell at any time to any person for any lawful purpose.</text> </level> <level label="4"> <text>The Department shall:</text> <level label="i"> <text>Establish procedures for the expeditious notice, payment, and removal of shells purchased; and</text> </level> <level label="ii"> <text>Provide for the transportation, storage, and placement on public oyster bars in State waters.</text> </level> </level> </level> <level label="d"> <text>All existing contracts executed prior to July 1, 1988, concerning the purchase of oyster shell shall be valid and exempt from the provisions of this section for the length of time for which the contract covers.</text> </level> <level label="e"> <text>Unless permission has been obtained from the Department, it shall be unlawful for any person to take or catch oysters or shell in any of the waters of the State for the purpose of converting the oysters or shell into lime, chickenmeal, or road construction materials.</text> </level> <level label="f"> <level label="1"> <text>In consultation with the Oyster Advisory Commission and the Tidal Fisheries Advisory Commission, the Department shall determine annually the fair market value that the Department pays for:</text> <level label="i"> <text>Fresh oyster shells; and</text> </level> <level label="ii"> <text>Transportation and placement of fresh oyster shells.</text> </level> </level> <level label="2"> <text>The Secretary shall adopt regulations to implement the requirement set forth in paragraph (1) of this subsection.</text> </level> </level> <level label="g"> <text>The Department may use the Fisheries Research and Development Fund to purchase oyster shells.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1020" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <level label="1"> <text>A separate permit shall be obtained for shipping each cargo, truckload, or other consignment of oysters in the shell out of the State.</text> </level> <level label="2"> <text>An inspection tax of $1 per bushel shall be levied on marketable oysters shipped in the shell to any place outside the State and shall be paid by the shipper.</text> </level> <level label="3"> <text>The tax imposed by this subsection shall be levied in addition to every other tax imposed on oysters.</text> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>A severance tax of $2 per bushel shall be levied on every bushel of oysters caught within the limits of the natural oyster bars of the State exclusive of the Potomac River.</text> </level> <level label="ii"> <text>The oyster buyer or receiver shall pay the tax to the Department for deposit to the credit of the Fisheries Research and Development Fund.</text> </level> </level> <level label="2"> <level label="i"> <text>This section does not prevent any person licensed to catch and sell oysters in the State from selling the person’s oysters in the shell directly to a consumer in the State.</text> </level> <level label="ii"> <level label="1"> <text>If the consumer is a licensed buyer of oysters, the consumer shall assume the obligations placed by this subsection on the first buyer of the oysters to remit the tax to the Department.</text> </level> <level label="2"> <text>If the consumer is not a licensed buyer of oysters, the seller of oysters shall assume this obligation.</text> </level> </level> </level> </level> <level label="c"> <level label="1"> <text>All taxes collected under this section shall be credited to the Fisheries Research and Development Fund and used only for the repletion of the natural oyster bars of the State.</text> </level> <level label="2"> <text>Of the severance tax collected under subsection (b) of this section, $1 of each $2 collected shall be used by the county oyster committees in the following counties for the repletion of natural oyster bars located in the waters of the county:</text> <level label="i"> <text>Anne Arundel;</text> </level> <level label="ii"> <text>Baltimore;</text> </level> <level label="iii"> <text>Calvert;</text> </level> <level label="iv"> <text>Charles;</text> </level> <level label="v"> <text>Dorchester;</text> </level> <level label="vi"> <text>Kent;</text> </level> <level label="vii"> <text>Queen Anne’s;</text> </level> <level label="viii"> <text>Somerset;</text> </level> <level label="ix"> <text>St. Mary’s;</text> </level> <level label="x"> <text>Talbot; and</text> </level> <level label="xi"> <text>Wicomico.</text> </level> </level> </level> <level label="d"> <text>If the Department finds that an oyster buyer or an oyster packer or dealer does not have adequate records or has incorrect reports of oyster purchases or sales and that the amount of inspection taxes due on these purchases or sales cannot be accurately determined, the Department shall determine the taxable purchases or sales of the buyer or of the oyster packer or dealer for any period involved and compute the tax from the best information available. If within 30 days the oyster buyer or oyster packer does not produce proof that the computations are incorrect, the determination or computation is prima facie correct.</text> </level> <level label="e"> <text>If the Department determines the purchases and sales of oysters and computes the tax due, it shall levy a deficiency assessment against the oyster buyer or the oyster packer or dealer and notify him of the tax due and of the amount of the deficiency assessment. If the oyster buyer or oyster packer or dealer fails to pay the tax and assessment within ten days after receiving notice from the Department, the Department shall levy, in addition to the tax assessment, a penalty not exceeding 10 percent of the amount due, plus one half of one percent for each month the tax or additional tax remains unpaid.</text> </level> <level label="f"> <text>The Department, through the Attorney General, may collect unpaid taxes provided for in this section in the same manner as other unpaid taxes due the State are collected. In addition, the Department may seize and hold any boat, truck, or other vehicle in which any oysters were or are transported until the taxes are paid.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1020.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>In this section, “Program” means the Chesapeake Bay Enhancement Program.</text> </level> <level label="b"> <text>There is a Chesapeake Bay Enhancement Program in the Department.</text> </level> <level label="c"> <text>The purpose of the Program is to provide funding for oyster propagation and replenishment projects that mitigate the effects of transportation projects on the State’s oyster population.</text> </level> <level label="d"> <text>The Department shall use funding under the Program to support oyster propagation and replenishment and Program management.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1021" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department may adopt rules and regulations governing the type, number, and size of dredges used in Pocomoke and Tangier sounds and governing those areas in which dredges may be operated. A person may have two dredges aboard any boat if no more than one dredge is in operation at any given time.</text> </level> <level label="b"> <text>A person may not catch clams in Pocomoke and Tangier sounds between sunset on one day and sunrise the following day or on Sundays. The season for catching hard-shell clams by dredge under this section is from September 15 in each year to May 31 of the year following, inclusive.</text> </level> <level label="c"> <text>A person may not have any oysters aboard any boat in Pocomoke or Tangier sounds when a dredge is aboard.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1021.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>A person may not catch hard–shell clams by hydraulic clam dredge or other mechanical means in the Atlantic Coastal Bays, as defined in § 8–1802 of this article.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1021.2" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department may adopt regulations governing the use of patent tongs to harvest hard–shell clams in areas of Somerset County where the use of patent tongs to catch oysters is authorized.</text> </level> <level label="b"> <level label="1"> <text>This subsection applies only in Somerset County.</text> </level> <level label="2"> <text>A person may not catch hard–shell clams with patent tongs:</text> <level label="i"> <text>Between sunset on any day and sunrise the following day; or</text> </level> <level label="ii"> <text>On Sundays.</text> </level> </level> <level label="3"> <text>The season for catching hard–shell clams with patent tongs is the same as the season for catching oysters with patent tongs as provided in § 4–1008.1 of this subtitle or as altered by regulations adopted under § 4–2A–05 of this title.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1022" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>Except as provided in subsection (b) of this section, a person may not catch hard–shell clams in the waters of the State with a shinnecock rake or similar device.</text> </level> <level label="b"> <level label="1"> <text>Subject to paragraph (2) of this subsection, a person may catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge in the State waters of the Atlantic Ocean.</text> </level> <level label="2"> <text>A person may not catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge within 300 feet of any shore or wharf without first obtaining the permission of the shore or wharf owner.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1023" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>Notwithstanding the provisions of this subtitle, the Department may adopt and modify rules and regulations governing catching hard-shell clams in the waters of Worcester County. These rules and regulations may specify the type and size of gear used, maximum quantity of clams caught per day, minimum size of clams caught, season for catching clams, days of the week and hours of the day when clams may be caught or landed, and the areas in which clams may be caught with any type of gear. A person may not catch clams by handscrape, shinnecock rake, hydraulic dredge, or any mechanical means from June 1 to September 15.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1027" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>The Department, in consultation with the Maryland Department of Health, may adopt regulations to carry out the requirements of the National Shellfish Sanitation Program.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1028" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>Every hard-shell clam dealer shall pay a special tax of 25 cents for each bag, which shall contain no more than 105 hard-shell clams, on all clams sold by the dealer. All taxes pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit to the credit of the Fisheries Research and Development Fund and shall be used solely to replenish the hard-shell clam resources of the State.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1029" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>Any money received by the Department for licenses, fees, or taxes shall be transmitted by the Department to the State Comptroller for deposit to the credit of the Fisheries Research and Development Fund.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1030" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>Any hard–shell clams caught in the waters of the State shall be landed in the State. However, the Department may waive the provisions of this section in case of emergency, necessity, or for other good cause.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1031" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>In this section, “transverse dimension” means the measurement across both shells of a hard–shell clam at the widest point perpendicular to the hinge line where the two shells meet.</text> </level> <level label="b"> <text>A clam dealer may possess hard–shell clams having a transverse dimension of less than the size required by the Department if the dealer offers a bill of lading approved by the Department as proof that all clams were caught in waters outside the State.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1032" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>Advisory committees shall be formed in each county where soft-shell clams may be caught by hydraulic clam dredge. Each committee shall be composed of five persons, four of whom possess a hydraulic clam dredge license and one who possesses a soft-shell clam dealer’s and shipper’s license. Committee members shall be elected by persons possessing a hydraulic clam dredge license or a soft-shell clam dealer’s and shipper’s license. The Department shall confer with the elected committees on any matter affecting the management of the soft-shell clam fishery.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1033" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department shall adopt rules and regulations ensuring that a tidal fish license authorizes a person to use only one hydraulic clam dredge. The Department also shall adopt rules and regulations requiring all licensees operating a hydraulic clam dredge owned by another person, or subject to a lien held by another person to have the license in possession when engaged in licensed activities and to affix the license identification number permanently to the vessel as required in § 4–701(i) of this title.</text> </level> <level label="b"> <level label="1"> <text>The Department shall adopt rules and regulations governing licensing of persons buying, selling, shipping, transporting, or otherwise dealing in soft–shell clams, and the methods by which they may do so. However, a license may not be required to sell or dispose of clams in any retail market, restaurant, or other establishment where clams are sold or served for immediate use or consumption, when the clams are purchased from a person possessing a dealer’s or shipper’s license.</text> </level> <level label="2"> <text>The Department shall require any person licensed to dredge for soft–shell clams or licensed pursuant to the provisions of this subsection to maintain and submit records to the Department.</text> </level> </level> <level label="c"> <text>The Department may promulgate rules and regulations relating to any aspect of the soft–shell clam fishery and shall adopt rules and regulations governing:</text> <level label="1"> <text>Measurement and structural details of a hydraulic clam dredge;</text> </level> <level label="2"> <text>The number of hydraulic clam dredges which may be carried on a vessel;</text> </level> <level label="3"> <text>The use of mufflers on motors or engines on hydraulic clam dredges or on board boats carrying hydraulic clam dredges;</text> </level> <level label="4"> <text>The establishment of limits on the number of bushels which may be caught by a hydraulic clam dredge, or by a boat carrying a hydraulic clam dredge;</text> </level> <level label="5"> <text>The minimum size of soft–shell clams;</text> </level> <level label="6"> <text>The times and dates for taking, landing, and unloading soft–shell clams; and</text> </level> <level label="7"> <text>Protection of soft–shell clams from contamination, or from deterioration as a result of excessive heat.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1035" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>A severance tax of 50 cents per bushel shall be levied on all soft-shell clams of all species Mya arenaria caught within the State. The tax shall be paid by the buyer of clams at the place in the State where the clams are to be shipped in bulk no further by vessel, or before clams are shipped out of the State by vessel. All taxes pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit to the credit of the Fisheries Research and Development Fund and shall be used solely to replenish the soft-shell clam resources of the State. A severance tax may not be levied on soft-shell clams of the species genus Tagelus.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1036" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>A person may sell soft-shell clams of the species Mya arenaria caught by hydraulic clam dredge only to a person possessing a soft-shell clam dealer’s and shipper’s license. A person may sell soft-shell clams of the species genus Tagelus to persons other than a licensed dealer or shipper.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1037" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>A person may not catch or attempt to catch soft–shell clams with a hydraulic clam dredge or any other gear except hand–held tools, such as shovels and hoes, in the following areas:</text> <level label="1"> <text>Within 150 feet of a natural oyster bar or area leased under Subtitle 11A of this title and marked as required by that subtitle;</text> </level> <level label="2"> <text>Within 1,000 feet of any occupied duck blind where decoys are set out during waterfowl hunting season;</text> </level> <level label="3"> <text>Except for the William Preston Lane, Jr. Memorial Bridge and its parallel span, the Governor Thomas Johnson Memorial Bridge, and the area of the Choptank River Bridge that is within Talbot County, within 50 feet of any bulkhead, structure, wharf, pier, or piling that is erected in, over, or under the waters of the State under a permit granted by the State or federal government;</text> </level> <level label="4"> <text>Within 300 feet of any private bathing beach running not more than 300 feet along the shore which is marked as required by rule and regulation or within 1,000 feet of any public bathing beach from May 1 to September 30. However, the owner or lessee of a single property may not claim protection for more than one private bathing beach contiguous to this property;</text> </level> <level label="5"> <level label="i"> <text>Within 50 feet of the mean high watermark of any shoreline in Queen Anne’s, Talbot, or Somerset counties;</text> </level> <level label="ii"> <text>Within 300 feet in Dorchester County; or</text> </level> <level label="iii"> <text>Within 150 feet in Anne Arundel County, Calvert County, St. Mary’s County, or Kent County downriver from Nichols Point at the eastern side of the mouth of Langford Creek and within 300 feet upriver from Nichols Point;</text> </level> </level> <level label="6"> <text>The Dorchester County waters of the Choptank River and its tributaries, east of a line running from Horn Point to Martin Point and west of a line running from Sharp’s Island Light to Hill’s Point; Brannock Bay; the Little Choptank River; Tar Bay; the Honga River; all waters east of a line running from the most southerly point of Holland Island to Holland Island Bar Light; all waters east of a line running from Richland Point to Okahanikan Point; and any areas reserved by the Department for production of seed oysters; and</text> </level> <level label="7"> <text>In the Atlantic Coastal Bays, as defined in § 8–1802 of this article.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1038" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>Except as provided in § 4–1039 of this subtitle, a person may not catch soft–shell clams by hydraulic clam dredge in the following waters:</text> <level label="1"> <text>Anne Arundel County. –– (i) Within 500 feet of any sea nettle net;</text> <level label="ii"> <text>Within 800 feet of any public bathing beach between Saunders and Dutchman’s Point, if the beach is marked as required by rule or regulation and the public uses the beach for bathing;</text> </level> <level label="iii"> <text>In Marley Creek; Stoney Creek; Bodkin Creek; Magothy River above a line drawn from Mountain Point to Persimmon Point; Little Magothy River; Whitehall Bay between the shore and a line drawn from Hackett’s Point to Possum Point; Mill Creek; Severn River between the shore and a line drawn from Greenbury Point to the east side of the entrance to Lake Ogleton; South River between the shore and a line drawn between Turkey Point and east side of Duvall Creek, and extending 1,500 feet in front of Sandy Point State Park and Fort Smallwood State Park; West River south and west of a line running from Cheston Point to Curtis Point; or</text> </level> <level label="iv"> <text>Anywhere in Anne Arundel County north of the Chesapeake Bay Bridge within 800 feet of the shoreline, or south of the Chesapeake Bay Bridge and north of Thomas Point within 300 feet of the shoreline from September 16 to April 15 and within 800 feet of the shoreline from April 16 to September 15; south of Thomas Point within 300 feet of the shoreline, except that between Turkey Point and Ramsey Lake clamming is prohibited within 800 feet of the shoreline. This subsection does not prohibit the catching of clams by hydraulic clam dredge in West River or Rhode River.</text> </level> </level> <level label="2"> <text>Queen Anne’s County. –– In the waters of Eastern Bay and its tributaries; Shipping Creek; Cox’s Creek; Crab Alley Creek; Wye River south of a line from the southernmost tip of Ferry Point to the northernmost tip of Drum Point; Wye East River west of a line from the southernmost tip of Wye Island to northernmost tip of Bruff’s Island; Kent Narrows south of a line drawn from the northernmost tip of Ferry Point to the northernmost tip of Long Point.</text> </level> <level label="3"> <text>Somerset County. –– In the Wicomico River or Monie Bay east of a line from the easternmost entrance of Rock Creek to the southeast extremity of Mollie’s Point.</text> </level> <level label="4"> <text>Talbot County. –– (i) In the Tred Avon River and in Town Creek in front of Oxford, between the shoreline and the center of the channel, except during October and November;</text> <level label="ii"> <text>Within 1,200 feet of the Federal Research Laboratory at Oxford.</text> </level> </level> </level> <level label="b"> <text>A person may not catch by hydraulic or mechanical clam dredge soft–shell clams from the waters of Charles or Wicomico counties, or the Atlantic Coastal Bays, as defined in § 8–1802 of this article.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1039" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>The Department may open or close any area in which the catching of soft–shell clams by hydraulic clam dredge is not prohibited under the provisions of this subtitle if: (1) in its opinion other natural resources will not be significantly damaged; (2) the area to be opened is clearly defined and plainly marked; and (3) the area is patrolled by Natural Resources Police vessels during dredging operations.</text> </level> <level label="b"> <text>In any area where hydraulic clam dredging is prohibited under § 4–1038(a) of this subtitle the Department may open selected areas if the areas opened are patrolled by Natural Resources Police vessels during dredging operations.</text> </level> <level label="c"> <text>Before opening or closing any area the Department shall publish notice in at least one newspaper of general circulation in the State, and in at least one newspaper of general circulation in each county. Any closing or opening shall be effective no less than 24 hours from publication of notice.</text> </level> <level label="d"> <text>The provisions of this section do not apply to Charles and Wicomico counties, or the Atlantic Coastal Bays, as defined in § 8–1802 of this article.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1040" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <level label="a"> <text>A clam dredge in or crossing a restricted area shall have the dredge’s conveyor raised above the surface of the water.</text> </level> <level label="b"> <text>A person may not have any oysters aboard a clam dredge boat.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1043" title_number="4" title_name="Fish and Fisheries" subtitle_number="10" subtitle_name="Oysters and Clams"> <text>The Department may establish size limits and open and close areas for harvesting of surf clams. The Department shall publish a notice of its proposal to open or close an area or change size limits at least 30 days before the effective date of the proposal and shall hold a public hearing on the proposal at least 15 days before the effective date unless a public hearing on a substantially similar proposal has been conducted in the State by a federal management authority with notice advertised by the Department as required by this section. The notice shall include the time and place of any hearing and shall be published in at least one newspaper of general circulation in the State and at least one newspaper of general circulation in Worcester County.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1101" title_number="4" title_name="Fish and Fisheries" subtitle_number="11" subtitle_name="Oyster and Clam Culture"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Chesapeake Bay” means the waters, commonly known as the Chesapeake Bay, as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.</text> </level> <level label="c"> <text>“County waters” means the waters lying within the territorial limits of any county in the State as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.</text> </level> <level label="d"> <text>“Dredge” includes any dredge, scoop, handscrape, or similar device used in catching oysters and clams by dragging.</text> </level> <level label="e"> <text>“Hydraulic clam dredge” means any device used for dredging clams which consists of a manifold through which water is forced under pressure for the purpose of digging clams and working them into the mouth of the dredge where the clams then are brought up to boat level by means of an escalator. “Hydraulic clam dredge” includes the vessel on which the dredge is carried.</text> </level> <level label="f"> <text>“Leased oyster bottom” means any land lying beneath the waters of the State leased by the State to any person for the purpose of protecting, sowing, bedding, or cultivating oysters and other shellfish.</text> </level> <level label="g"> <text>“Marketable oyster” means an oyster measuring 3 inches or more from hinge to mouth.</text> </level> <level label="h"> <text>“Natural clam bar” means any area of submerged tidal bottom not classified as a natural oyster bar which has a population of clams of any species judged by the Secretary to have significant commercial value.</text> </level> <level label="i"> <text>“Natural oyster bar” means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the Oyster Survey of 1906 to 1912 and its amendments.</text> </level> <level label="j"> <text>“Patent tongs” means any pincers, nippers, tongs, or similar device used to catch oysters or clams and raised with rope, cable, or other hoisting gear.</text> </level> <level label="k"> <text>“Shinnecock rake” means a tool used to catch hard–shell clams or oysters that:</text> <level label="1"> <text>Is towed from a vessel under power; and</text> </level> <level label="2"> <text>Consists of a tooth bar with projecting long, outwardly and upwardly curving teeth which are progressively smaller toward the ends, form a basket, and are set transversely at the end of a long, usually wooden handle.</text> </level> </level> <level label="l"> <text>“Tong” means any pincers, nippers, tongs, or similar device operated entirely by hand and consisting of two shafts or handles and a metal body composed of two opposable and complementary baskets used in catching oysters and clams.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1102" title_number="4" title_name="Fish and Fisheries" subtitle_number="11" subtitle_name="Oyster and Clam Culture"> <level label="a"> <text>The Department may resurvey any submerged area of the State to determine the position and extent of any natural oyster bar.</text> </level> <level label="b"> <text>If, after conducting a survey in accordance with subsection (a) of this section, the Department finds that any natural oyster bar is located incorrectly on existing charts or that the existing charts do not reflect the actual condition of submerged lands, the Department shall amend the existing charts or coordinates by regulation.</text> </level> <level label="c"> <level label="1"> <text>Beginning in fiscal year 2024, the Maryland Geological Survey, in conjunction with the University of Maryland Center for Environmental Science, shall survey submerged areas of the State to map existing and potential oyster habitats in accordance with the provisions of this subsection.</text> </level> <level label="2"> <text>In selecting sites for surveying under this subsection, the Maryland Geological Survey and the University of Maryland Center for Environmental Science shall prioritize:</text> <level label="i"> <text>Eastern Bay and its tributaries; and</text> </level> <level label="ii"> <text>Public fishery areas where there are likely to be shallowly buried shell deposits from previous repletion activities, identified in consultation with the Department, who shall consult with county oyster committees, and commercial oyster harvesters.</text> </level> </level> <level label="3"> <text>To the extent practicable, surveys carried out under this subsection shall use sub–bottom profiling combined with physical sampling to quantify the total volume of subsurface shell material.</text> </level> <level label="4"> <level label="i"> <text>For fiscal years 2024 through 2026, the Governor shall include in the annual budget bill an appropriation of $2,000,000 to the Department to fund the surveys required under this subsection.</text> </level> <level label="ii"> <text>The Governor shall prioritize the use of federal funds for appropriations required under this paragraph.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1103" title_number="4" title_name="Fish and Fisheries" subtitle_number="11" subtitle_name="Oyster and Clam Culture"> <level label="a"> <text>The Department shall take measures which in its judgment seem best calculated to increase the productivity or utility of oyster resources in the State, including:</text> <level label="1"> <text>Identifying and using effective methods of cleaning diseased oyster bars;</text> </level> <level label="2"> <text>Providing clean shell for the bars;</text> </level> <level label="3"> <text>Using hatchery produced oysters to replant sites; and</text> </level> <level label="4"> <text>Applying for a permit to dredge buried oyster shells.</text> </level> </level> <level label="b"> <text>The Department may select and reserve for its own use areas, to be known as seed areas, within the waters of the State for the propagation of seed oysters. The number, size, and location of these areas shall be determined from time to time by the Department. The Department shall, before publication, deliver a notice of reservation, including all applicable reasons for the Department’s act, to the Joint Committee on Administrative, Executive, and Legislative Review and publish the notice not less than 30 days before the closing date of any seed area in one newspaper of general circulation in the State and at least one newspaper of general circulation in each county in which the affected waters are located, and on the website of the Department. The Department shall schedule a public hearing on the proposal not less than 15 days before the proposed closing date. The hearing shall be held at the county seat of the county in which the affected waters are located. If the affected waters are located in more than one county, the hearing shall be held in that county seat closest to the affected waters, but if the area affected is totally within State waters, the hearing shall be held in Annapolis.</text> </level> <level label="c"> <text>The State may sell seed oysters to persons who hold a valid aquaculture or submerged land lease for no less than the prevailing price of seed oysters of similar quality in nearby states. Conditions of sale may be prescribed by rule or regulation of the Department. The proceeds from these sales shall be credited by the Comptroller to the Fisheries Research and Development Fund.</text> </level> <level label="d"> <level label="1"> <text>In addition to the provisions of subsections (b) and (c) of this section concerning the establishment of oyster seed areas and the sale of seed oysters to a leaseholder, the Department may:</text> <level label="i"> <text>Sell or remove seed oysters from oyster seed areas if the sale or removal is made under disease protocols; and</text> </level> <level label="ii"> <text>Adopt regulations necessary to implement the provisions of this subsection.</text> </level> </level> <level label="2"> <text>The Department shall credit the proceeds of any sale of seed oysters under this subsection to the Fisheries Research and Development Fund in the Department.</text> </level> <level label="3"> <text>The Department shall:</text> <level label="i"> <text>Sell, at prevailing market prices, seed oysters produced in an aquaculture oyster seed area to a person who holds a valid lease issued under Subtitle 11A of this title, or an aquaculture permit to cultivate shellfish; and</text> </level> <level label="ii"> <text>Use any revenue derived from the sale of seed oysters to reimburse the Fisheries Research and Development Fund for any expenditure needed to create the aquaculture oyster seed areas under this subsection.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1103.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="11" subtitle_name="Oyster and Clam Culture"> <text>The Department shall enter into an agreement with the Potomac River Fisheries Commission to establish oyster seed areas in the Potomac River from Cornfield Point to Point Lookout for the purpose of propagating seed oysters to replenish natural oyster bars in Calvert, Charles, St. Mary’s counties, and other areas of the State.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1105" title_number="4" title_name="Fish and Fisheries" subtitle_number="11" subtitle_name="Oyster and Clam Culture"> <text>A person may not catch oysters on any area closed or reserved for propagation of oyster seed under the provisions of this subtitle. This section does not prohibit the Department from catching oysters.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1106" title_number="4" title_name="Fish and Fisheries" subtitle_number="11" subtitle_name="Oyster and Clam Culture"> <level label="a"> <text>The Department may transplant oysters, shells, or other cultch from one closed area to another, transplant or otherwise utilize within the State seed oysters produced on shells or other cultch planted by the Department, or transplant or utilize any other seed oyster which may accumulate on areas where seed oysters are not likely to develop into desirable marketable oysters.</text> </level> <level label="b"> <level label="1"> <text>The Department shall have licensed oystermen in each tidewater county of this State select a county committee of five representative licensed tongers, who earn their livelihood by catching oysters, to confer with the Department concerning oyster propagation conducted by the Department in that county. Each county committee shall elect a chairman to serve on a statewide committee of oystermen to advise the Department on statewide issues concerning oyster propagation.</text> </level> <level label="2"> <text>A similar advisory committee that includes licensed dredgers shall be selected to confer with the Department concerning the propagation of oysters in the dredging areas. The committee shall elect a chairman to serve on a statewide committee of oystermen to advise the Department on statewide issues concerning oyster propagation.</text> </level> <level label="3"> <text>The Department shall appoint 5 representative, licensed oystermen of this State who earn their livelihood catching oysters by using diving apparatus as a committee to confer with the Department concerning oyster propagation conducted by the Department in the areas of the State where the catching of oysters by using diving apparatus is permitted. The committee shall select a chairman to serve on a statewide committee of oystermen to advise the Department on statewide issues concerning oyster propagation.</text> </level> <level label="4"> <text>The Department shall appoint 5 representative, licensed oystermen of this State who earn their livelihood catching oysters by using patent tongs as a committee to confer with the Department concerning oyster propagation conducted by the Department in the areas of the State where the catching of oysters by using patent tongs is permitted. The committee shall select a chairman to serve on a statewide committee of oystermen to advise the Department on statewide issues concerning oyster propagation.</text> </level> <level label="5"> <text>The term of membership for each committee is four years, except that of the original committeemen, three are to serve a four-year term and two are to serve a two-year term. Each term begins on March 1.</text> </level> <level label="6"> <text>If a vacancy occurs because a member is unable or unwilling to serve, the Department immediately shall notify in writing each member of the committee of the vacancy. The committee shall arrange for a new election to fill the vacancy. If the vacancy is not filled within 60 days after the vacancy occurs, the Department shall make the necessary appointments to fill each vacancy. When committee members are selected or when any vacancy is filled, the Department shall notify promptly the members of the General Assembly from the county of the names of the committee members selected or appointed to fill a vacancy in that county. An appointment to a vacancy in an unexpired term is limited to the remainder of the term.</text> </level> <level label="7"> <text>The Department shall prescribe by rule and regulation the time, place, and manner of selection of the oyster committees.</text> </level> <level label="8"> <text>The Fisheries Administration shall submit an annual summary of the Fisheries Research and Development Fund to the committee of oystermen for each county. The summary shall include an accounting of receipts and expenditures.</text> </level> </level> <level label="c"> <text>The Department shall expend any fund appropriated in the budget for oyster propagation for the planting of oyster shells, other cultch, or seed oysters on natural oyster bars or seed areas, or for the purchase of necessary equipment.</text> </level> <level label="d"> <text>The Department may close without holding a public hearing any natural oyster bar in the waters of the State with the approval of the appropriate committee of oystermen.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1107" title_number="4" title_name="Fish and Fisheries" subtitle_number="11" subtitle_name="Oyster and Clam Culture"> <text>The Department may cooperate with any county or political subdivision providing funds to purchase and plant shells and transplant seed oysters. The appropriate governing body of any county or political subdivision that expends funds for this purpose may designate the planting areas for the purchased shells.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1118.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="11" subtitle_name="Oyster and Clam Culture"> <level label="a"> <text>Except for normal harvesting activities, the dredging and transplanting of oyster shell or seed oysters as part of the Department’s Oyster Propagation Program, or as authorized in a State wetlands license, a person may not destroy, damage, or injure any oyster bar, reef, rock, or other area located on a natural oyster bar in the Chesapeake Bay that is not a leased oyster bottom.</text> </level> <level label="b"> <text>Any person who destroys, damages, or injures any oyster bar, reef, rock, or other area referred to in subsection (a) of this section is liable to the State in a civil action, as the Department considers appropriate, for the restoration of, mitigation of, or monetary damages for any destruction, damage, or injury that the person causes to resources on the natural oyster bar.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-01" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Aquaculture” means the commercial rearing of fish or aquatic plants for sale, trade, barter, or shipment.</text> </level> <level label="c"> <text>“Aquaculture Enterprise Zone” means an area of the Chesapeake Bay approved for the leasing of submerged land or the water column by the Department in consultation with the Department of the Environment and the Wetlands Administrator of the State Board of Public Works.</text> </level> <level label="d"> <text>“Aquaculture lease” means a lease of any submerged land or the water column located in an Aquaculture Enterprise Zone for cultivating oysters or other shellfish for commercial purposes.</text> </level> <level label="e"> <text>“Atlantic Coastal Bays” means the waters of the Assawoman, Isle of Wight, Sinepuxent, Newport, and Chincoteague Bays and their tributaries.</text> </level> <level label="f"> <text>“Chesapeake Bay” means the waters commonly known as the Chesapeake Bay as defined by the charts of the Oyster Survey of 1906 to 1912 and its amendments.</text> </level> <level label="g"> <text>“Demonstration lease” means a lease of submerged land for the purpose of demonstrating the ecological benefits of growing shellfish or for research or education.</text> </level> <level label="h"> <text>“Dredge” includes any dredge, scoop, handscrape, or similar device used in catching oysters and clams by dragging.</text> </level> <level label="i"> <text>“Enterprise lease” means a lease of the water column for the purpose of researching or testing the feasibility of cultivating native or naturalized species, as those terms are defined in § 4–205.1 of this title, of aquatic plants for commercial purposes.</text> </level> <level label="j"> <text>“Natural clam bar” means any area of submerged tidal bottom not classified as a natural oyster bar which has a population of clams of any species judged by the Secretary to have significant commercial value.</text> </level> <level label="k"> <text>“Natural oyster bar” means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the Oyster Survey of 1906 to 1912 and its amendments.</text> </level> <level label="l"> <text>“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.</text> </level> <level label="m"> <text>“Public shellfish fishery area” means an area in which shellfish is harvested for commercial purposes.</text> </level> <level label="n"> <text>“SAV Protection Zone” means an area of submerged aquatic vegetation as mapped in an SAV survey, as defined in § 4–1006.1 of this title, in 1 or more of the 5 years preceding the designation of an Aquaculture Enterprise Zone or an application for a lease under this subtitle.</text> </level> <level label="o"> <text>“Submerged land lease” means any land lying beneath the waters of the State leased by the State to any person for cultivating oysters and other shellfish for commercial purposes.</text> </level> <level label="p"> <text>“Tong” means any pincers, nippers, tongs, or similar device operated entirely by hand and consisting of 2 shafts or handles and a metal body composed of 2 opposable and complementary baskets used in catching oysters and clams.</text> </level> <level label="q"> <text>“Water column lease” means a lease of the column of water on or under the surface of the water and above the surface of the submerged land.</text> </level> <level label="r"> <text>“Yates Bar” means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the Oyster Survey of 1906 to 1912, not including any amendments.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-02" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <level label="1"> <text>The Department shall promulgate by regulation requirements that are necessary to ensure that aquaculture operations do not adversely impact wild stocks of fish, including measures for identifying fish as products of an aquaculture operation. In developing these regulations, the Department shall consult with the Aquaculture Coordinating Council, established by § 4–11A–03.2 of this subtitle, and incorporate in the regulations public notice provisions in accordance with § 4–11A–09 of this subtitle.</text> </level> <level label="2"> <text>The Department may not issue a permit for the raising of nonnative species, including hybrids of striped bass, or nonnative stocks unless:</text> <level label="i"> <text>The permit limits the aquaculture operation to nontidal ponds, lakes, or impoundments; and</text> </level> <level label="ii"> <text>The aquaculture operation is constructed in a manner that assures that nonnative stocks are precluded from entering the tidal waters or contaminating the native species of the State.</text> </level> </level> </level> <level label="b"> <text>A person may not engage in aquaculture unless the person has obtained a permit from the Department. The permit shall be conditioned upon the person complying with the regulations promulgated under subsection (a) of this section.</text> </level> <level label="c"> <text>A permittee under this section shall allow the Department to inspect at reasonable hours any facilities, equipment, or fish involved in the permittee’s aquaculture operations.</text> </level> <level label="d"> <text>Except as otherwise provided by law or by regulations adopted by the Department, all provisions of this title and regulations adopted under this title applicable to the taking, possession, sale, and transport of finfish do not apply to finfish that are in or from aquaculture operations in nontidal ponds, lakes, or impoundments.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-03" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <level label="1"> <text>The General Assembly defines aquaculture as an agricultural and fisheries management activity.</text> </level> <level label="2"> <text>“Aquaculture” includes the commercial rearing of finfish, shellfish, and aquatic plants for sale, trade, barter, or shipment.</text> </level> </level> <level label="b"> <text>It is the intent of the General Assembly to create:</text> <level label="1"> <text>An Aquaculture Review Board and an Aquaculture Coordinating Council to promote the development of an aquaculture industry in this State; and</text> </level> <level label="2"> <text>An Aquaculture Coordinator, employed by the Department, to assist persons in obtaining the permits and licenses necessary to conduct aquaculture in the State.</text> </level> </level> <level label="c"> <text>The Department is the lead agency for:</text> <level label="1"> <text>The development and overall management of aquaculture and aquaculture products;</text> </level> <level label="2"> <text>Coordinating and streamlining the process of applying for a State aquaculture permit;</text> </level> <level label="3"> <text>Enforcing laws, regulations, and rules related to aquaculture; and</text> </level> <level label="4"> <text>Identifying economic development opportunities related to aquaculture.</text> </level> </level> <level label="d"> <text>The University System of Maryland is the lead agency for research in aquaculture production and shall be responsible for development of education and extension programs which promote aquaculture as an industry.</text> </level> <level label="e"> <text>The Department of Agriculture is the lead agency for the marketing of aquaculture products.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-03.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>There is an Aquaculture Review Board.</text> </level> <level label="b"> <level label="1"> <text>The Review Board shall consist of the following members, each of whom shall represent one of the following State departments charged with responsibility for an aspect of the State aquaculture permitting process or oversight of permit compliance:</text> <level label="i"> <text>The Department of Natural Resources, to be represented by the Aquaculture Coordinator, who shall serve as chair;</text> </level> <level label="ii"> <text>One representative of the Department of the Environment, designated by the Secretary of the Environment;</text> </level> <level label="iii"> <text>One representative of the Maryland Department of Health, designated by the Secretary of Health; and</text> </level> <level label="iv"> <text>One representative of the Department of Agriculture, designated by the Secretary of Agriculture.</text> </level> </level> <level label="2"> <text>The National Marine Fisheries Service shall be invited to designate a representative to the Review Board.</text> </level> <level label="3"> <text>The United States Army Corps of Engineers shall be invited to designate a representative to the Review Board.</text> </level> </level> <level label="c"> <level label="1"> <text>The Aquaculture Coordinator shall be the single point of contact for an applicant for all permits and licenses necessary to conduct aquaculture in the State.</text> </level> <level label="2"> <text>The Review Board shall:</text> <level label="i"> <text>Coordinate the development of statewide aquaculture policy and, to the maximum extent feasible, the streamlining of the application process;</text> </level> <level label="ii"> <text>Track each application as it is processed; and</text> </level> <level label="iii"> <text>Ensure full and meaningful departmental communication with an applicant during each stage of the application process.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-03.2" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>There is an Aquaculture Coordinating Council.</text> </level> <level label="b"> <text>The Coordinating Council shall consist of the following members:</text> <level label="1"> <text>1 member of the Maryland Senate designated by the President of the Senate;</text> </level> <level label="2"> <text>1 member of the Maryland House of Delegates designated by the Speaker of the House;</text> </level> <level label="3"> <text>1 representative of the Department of Agriculture designated by the Secretary of Agriculture;</text> </level> <level label="4"> <text>1 representative of the Department of Natural Resources Police designated by the Secretary of Natural Resources;</text> </level> <level label="5"> <text>1 representative of the Department of Natural Resources, Fisheries Service, designated by the Secretary of Natural Resources;</text> </level> <level label="6"> <text>2 representatives of the University of Maryland designated by the President of the University of Maryland, College Park Campus:</text> <level label="i"> <text>1 with expertise in aquaculture research; and</text> </level> <level label="ii"> <text>1 representing the Maryland Cooperative Extension;</text> </level> </level> <level label="7"> <text>1 representative of the Department of Commerce designated by the Secretary of Commerce;</text> </level> <level label="8"> <text>1 representative of the Department of the Environment designated by the Secretary of the Environment;</text> </level> <level label="9"> <text>1 representative of the Maryland Department of Health designated by the Secretary of Health;</text> </level> <level label="10"> <text>3 representatives of the aquaculture industry designated by the Governor;</text> </level> <level label="11"> <text>3 tidal fisheries licensed harvesters, including at least one who is a member of the Maryland Watermen’s Association designated by the Governor;</text> </level> <level label="12"> <text>1 representative designated by the President of the University of Maryland Center for Environmental Science;</text> </level> <level label="13"> <text>1 representative of the Oyster Recovery Partnership designated by the Oyster Recovery Partnership; and</text> </level> <level label="14"> <text>1 representative of the Maryland Farm Bureau designated by the Maryland Farm Bureau.</text> </level> </level> <level label="c"> <level label="1"> <text>The Coordinating Council shall:</text> <level label="i"> <text>Formulate and make proposals to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee on or before September 1 each year for advancing Maryland aquaculture, including recommendations for a fee structure on aquaculture operations in order to reduce State expenditures on aquaculture programs;</text> </level> <level label="ii"> <text>Establish and monitor a grant program for the implementation of appropriate projects that support the economic health of the State aquaculture industry;</text> </level> <level label="iii"> <text>Conduct applied studies of projects and products that will expand the aquaculture industry in the State;</text> </level> <level label="iv"> <text>Conduct market tests to determine acceptability and potential demand for new aquaculture products;</text> </level> <level label="v"> <text>As appropriate, implement pilot projects and small commercial demonstrations to resolve any outstanding quality or production issues and to educate industry representatives, regulators, and other partners;</text> </level> <level label="vi"> <text>Support the aquaculture industry in its efforts to implement innovative procedures and to comply with associated regulations;</text> </level> <level label="vii"> <text>Enhance the awareness of innovative aquaculture products and programs among commercial buyers and the general public;</text> </level> <level label="viii"> <text>On or before December 31, 2006, develop best management practices that:</text> <level label="1"> <text>Provide guidance for freshwater and marine aquaculture permitting and compliance; and</text> </level> <level label="2"> <text>Serve as the basis for the adoption of State regulations regarding tidal and nontidal aquaculture;</text> </level> </level> <level label="ix"> <text>Investigate and, to the extent feasible, enhance the area of State waters that is available to private lease for purposes related to the aquaculture and seafood industries;</text> </level> <level label="x"> <text>Provide for the establishment of Aquaculture Enterprise Zones in the Chesapeake and coastal bays, so as to:</text> <level label="1"> <text>Streamline the permitting process in these zones;</text> </level> <level label="2"> <text>Provide incentives for private investment in leasing operations; and</text> </level> <level label="3"> <text>Encourage individuals with historical records in the commercial fishery to adapt their expertise to the raising and harvesting of seafood by aquaculture; and</text> </level> </level> <level label="xi"> <text>On a regular basis, review State regulations impacting aquaculture and make recommendations to the Aquaculture Review Board regarding any necessary or advisable regulatory changes.</text> </level> </level> <level label="2"> <text>The Coordinating Council may establish subcommittees to provide technical assistance to the Council, with subcommittee topics and membership as the Council determines to be appropriate.</text> </level> </level> <level label="d"> <level label="1"> <text>The term of a member appointed by the Governor is 3 years.</text> </level> <level label="2"> <text>The terms of the members appointed by the Governor serving on July 1, 2006, expire as follows:</text> <level label="i"> <text>2 members in 2007;</text> </level> <level label="ii"> <text>2 members in 2008; and</text> </level> <level label="iii"> <text>2 members in 2009.</text> </level> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>A member who is appointed after a term begins serves only for the rest of the term and until a successor is appointed and qualifies.</text> </level> <level label="5"> <text>An appointed member may not serve more than 2 consecutive terms.</text> </level> </level> <level label="e"> <text>The Governor may remove a member for incompetence or misconduct.</text> </level> <level label="f"> <text>The Coordinating Council may elect from among its members a chairman, vice–chairman, secretary and other officers it deems appropriate.</text> </level> <level label="g"> <text>The Coordinating Council shall determine the time and place of its meetings.</text> </level> <level label="h"> <text>The members of the Coordinating Council may not receive a salary, but shall be reimbursed for reasonable expenses incurred in attending meetings and other Council business, as provided under the Standard State Travel Regulations.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-04" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>In consultation with the Oyster Advisory Commission, the Department shall identify by regulation the public shellfish fishery area in the Chesapeake Bay based on commercial harvesting activity during the 3 years preceding June 1, 2009, any surveys conducted by the Department, and other quantitative data known or made available to the Department.</text> </level> <level label="b"> <text>The public shellfish fishery area may not be leased for shellfish aquaculture.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-05" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>This section applies to enterprise leases.</text> </level> <level label="b"> <level label="1"> <text>The Department may issue an enterprise lease to a person for use in the waters of the State.</text> </level> <level label="2"> <text>The Department may not issue an enterprise lease for the purpose of cultivating a nonnative species, as defined in § 4–205.1 of this title.</text> </level> <level label="3"> <text>A person who wishes to obtain an enterprise lease shall:</text> <level label="i"> <text>Complete and submit an application to the Department on a form the Department requires; and</text> </level> <level label="ii"> <text>Pay a nonrefundable application fee established by the Department in consultation with the Aquaculture Coordinating Council.</text> </level> </level> <level label="4"> <text>An application for an enterprise lease shall include:</text> <level label="i"> <text>A declaration that the applicant intends to actively use the leased area for assessing the feasibility of cultivating aquatic plants for commercial purposes; and</text> </level> <level label="ii"> <text>A proposed plan for active use of the lease that includes:</text> <level label="1"> <text>The species of aquatic plants to be cultivated;</text> </level> <level label="2"> <text>The source of the aquatic plants to be cultivated;</text> </level> <level label="3"> <text>The methods and means that the applicant will use to cultivate the aquatic plants;</text> </level> <level label="4"> <text>The quantity of aquatic plants that the applicant expects to grow and harvest during the initial 3 years of the lease; and</text> </level> <level label="5"> <text>A description of the labor, materials, and equipment to be used to cultivate the aquatic plants.</text> </level> </level> </level> <level label="5"> <text>The Department may:</text> <level label="i"> <text>Deny an enterprise lease application for reasonable cause; or</text> </level> <level label="ii"> <text>Include any conditions in an enterprise lease.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The term of an enterprise lease may not exceed 5 years.</text> </level> <level label="2"> <text>The size of an enterprise lease may not exceed 2 acres.</text> </level> <level label="3"> <text>The Department shall establish, in consultation with the Aquaculture Coordinating Council, an annual amount of rent for an enterprise lease.</text> </level> </level> <level label="d"> <level label="1"> <text>An enterprise lease may not be located:</text> <level label="i"> <text>Within 50 feet of a shoreline or any pier without the written permission of the riparian owner at the time of initial application for the lease;</text> </level> <level label="ii"> <text>Within 150 feet of the public shellfish fishery or a registered pound net site;</text> </level> <level label="iii"> <text>Within 150 feet of an oyster harvest reserve area or any Yates Bar located in an oyster sanctuary;</text> </level> <level label="iv"> <text>Within 150 feet of a federal navigational channel;</text> </level> <level label="v"> <text>Subject to paragraph (2) of this subsection, in any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide;</text> </level> <level label="vi"> <text>In an SAV Protection Zone; or</text> </level> <level label="vii"> <text>In a setback or buffer from the Assateague Island National Seashore established by the Department.</text> </level> </level> <level label="2"> <text>The provisions of paragraph (1)(v) of this subsection do not apply to the riparian owner or a lawful occupant of the riparian property.</text> </level> </level> <level label="e"> <level label="1"> <text>An enterprise lease may not be assigned, transferred, or renewed.</text> </level> <level label="2"> <text>Any transfer or assignment of or attempt to transfer or assign an enterprise lease shall void the lease and the interest in the water column shall revert to the State without the necessity of any action by the State.</text> </level> </level> <level label="f"> <level label="1"> <text>A person with an enterprise lease in the waters of the State may cultivate aquatic plants in any manner approved by the Department.</text> </level> <level label="2"> <text>The Department may adopt regulations to implement this section, including regulations concerning species that may not be cultivated or gear that may not be used in a leased area.</text> </level> </level> <level label="g"> <level label="1"> <text>If the Department determines that an application for an enterprise lease meets the requirements of this section:</text> <level label="i"> <text>The applicant for the lease shall mark the proposed area with a stake; and</text> </level> <level label="ii"> <text>The Department shall:</text> <level label="1"> <text>Advertise the application on the website of the Department for at least 2 consecutive weeks;</text> </level> <level label="2"> <text>Notify the owners of property directly in front of the proposed activity; and</text> </level> <level label="3"> <text>Notify other interested parties that the Department deems appropriate.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>Within 37 days after the first day that the notice of the enterprise lease application is posted on the Department’s website, a person may request a public informational meeting on the issuance of the lease.</text> </level> <level label="ii"> <text>The Department shall hold a public informational meeting on the issuance of an enterprise lease on the request of any person under subparagraph (i) of this paragraph.</text> </level> </level> <level label="3"> <level label="i"> <text>Within 37 days after the first day that notice of the enterprise lease is posted on the Department’s website, any person who has a specific right, duty, privilege, or interest that is different from that of the general public and may be adversely affected by the proposed lease may file a petition with the Department protesting the issuance of the lease.</text> </level> <level label="ii"> <text>The protest shall be heard in accordance with the requirements of the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.</text> </level> <level label="iii"> <text>Immediately after termination of the period prescribed in subparagraph (i) of this paragraph for filing a petition or after a final decision dismissing a protest, the Department shall issue an enterprise lease to the applicant.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-06" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>This section applies to a submerged land lease in the Chesapeake Bay that is not in an Aquaculture Enterprise Zone.</text> </level> <level label="b"> <level label="1"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, the Department may issue to a person a submerged land lease in waters of the Chesapeake Bay after the Department of the Environment classifies the waters as:</text> <level label="1"> <text>Approved, conditionally approved, or restricted for harvest; or</text> </level> <level label="2"> <text>Prohibited, provided that the lease is used exclusively for the planting and gathering of seed for aquaculture and the leaseholder complies with the requirements of the National Shellfish Sanitation Program as implemented by the Department.</text> </level> </level> <level label="ii"> <text>The Department may issue a submerged land lease in the waters of the Chesapeake Bay to a corporation only if:</text> <level label="1"> <text>The corporation is organized under the laws of the State; and</text> </level> <level label="2"> <text>More than 50% of the stock in the corporation is owned by residents of the State.</text> </level> </level> </level> <level label="2"> <text>A submerged land lease may not be located:</text> <level label="i"> <text>Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of initial application for the lease;</text> </level> <level label="ii"> <text>Within 150 feet of the public shellfish fishery or a registered pound net site;</text> </level> <level label="iii"> <text>Within 150 feet of an oyster reserve or any Yates Bar located in an oyster sanctuary;</text> </level> <level label="iv"> <text>Except as provided in paragraph (4) of this subsection, within 150 feet of a federal navigational channel;</text> </level> <level label="v"> <text>Subject to paragraph (3) of this subsection, in any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide; or</text> </level> <level label="vi"> <text>In an SAV Protection Zone.</text> </level> </level> <level label="3"> <text>Paragraph (2)(v) of this subsection does not apply to a riparian owner or a lawful occupant of the riparian property.</text> </level> <level label="4"> <text>A submerged land lease of a riparian owner or a lawful occupant of the riparian property may be located in Herring Creek in St. Mary’s County.</text> </level> </level> <level label="c"> <text>A person with a submerged land lease in the Chesapeake Bay may cultivate shellfish on the submerged land, in temporary protective enclosures approved by the Department on the surface of the submerged land, or in any other manner authorized by the Department.</text> </level> <level label="d"> <text>Notwithstanding any other provision of this subtitle, a lease of submerged land located within a sanctuary must be compatible with oyster restoration and must satisfy the criteria for permissible leasing within a sanctuary as provided in regulations adopted under this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-07" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>This section applies to a submerged land lease in the waters of the Atlantic Coastal Bays.</text> </level> <level label="b"> <level label="1"> <text>Subject to paragraph (2) of this subsection, the Department may issue to a person a submerged land lease in waters of the Atlantic Coastal Bays after the Department of the Environment classifies the waters as:</text> <level label="i"> <text>Approved, conditionally approved, or restricted for harvest; or</text> </level> <level label="ii"> <text>Prohibited, provided that the lease is used exclusively for the planting and gathering of seed for aquaculture and the leaseholder complies with the requirements of the National Shellfish Sanitation Program as implemented by the Department.</text> </level> </level> <level label="2"> <text>The Department may issue a submerged land lease in the waters of the Atlantic Coastal Bays to a corporation only if:</text> <level label="i"> <text>The corporation is organized under the laws of the State; and</text> </level> <level label="ii"> <text>More than 50% of the stock in the corporation is owned by residents of the State.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>A submerged land lease may not be located:</text> <level label="i"> <text>Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of initial application for the lease;</text> </level> <level label="ii"> <text>Within 150 feet of the public shellfish fishery or a registered pound net site;</text> </level> <level label="iii"> <text>Within 150 feet of any oyster reserve or a Yates Bar located in an oyster sanctuary;</text> </level> <level label="iv"> <text>Within 150 feet of a federal navigational channel;</text> </level> <level label="v"> <text>Subject to paragraph (2) of this subsection, in any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide;</text> </level> <level label="vi"> <text>In an SAV Protection Zone; or</text> </level> <level label="vii"> <text>In a setback or buffer from the Assateague Island National Seashore established by the Department.</text> </level> </level> <level label="2"> <text>Paragraph (1)(v) of this subsection does not apply to a riparian owner or a lawful occupant of the riparian property.</text> </level> </level> <level label="d"> <text>A person with a submerged land lease in the Atlantic Coastal Bays may cultivate shellfish on the submerged land, in temporary protective enclosures approved by the Department on the surface of the submerged land, or in any other manner authorized by the Department.</text> </level> <level label="e"> <level label="1"> <text>The Department may establish submerged land areas in the Atlantic Coastal Bays that:</text> <level label="i"> <text>Are preapproved for leasing;</text> </level> <level label="ii"> <text>May not be leased; or</text> </level> <level label="iii"> <text>May be approved for leasing only on specific application and review by the Department.</text> </level> </level> <level label="2"> <text>In establishing areas that are preapproved for leasing or that may not be leased under paragraph (1) of this subsection, the Department shall consider potential conflicts presented by other uses of the proposed area, including navigation, recreation, and commercial fishing.</text> </level> </level> <level label="f"> <text>Notwithstanding any other provision of this subtitle, a lease of submerged land located within a sanctuary must be compatible with oyster restoration and must satisfy the criteria for permissible leasing within a sanctuary as provided in regulations adopted under this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-08" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>This section applies to a water column lease in the waters of the State.</text> </level> <level label="b"> <text>The Department may issue to a person a water column lease in waters of the State after the Department of the Environment classifies the waters as:</text> <level label="1"> <text>Approved, conditionally approved, or restricted for harvest; or</text> </level> <level label="2"> <text>Prohibited, provided that the lease is used exclusively for the planting and gathering of seed for aquaculture and the leaseholder complies with the requirements of the National Shellfish Sanitation Program as implemented by the Department.</text> </level> </level> <level label="c"> <level label="1"> <text>A water column lease may not be located:</text> <level label="i"> <text>Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of initial application for the lease;</text> </level> <level label="ii"> <text>Within 150 feet of the public shellfish fishery or a registered pound net site;</text> </level> <level label="iii"> <text>Within 150 feet of an oyster reserve or any Yates Bar located in an oyster sanctuary;</text> </level> <level label="iv"> <text>Except as provided in paragraph (3) of this subsection, within 150 feet of a federal navigational channel;</text> </level> <level label="v"> <text>Subject to paragraph (2) of this subsection, in any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide;</text> </level> <level label="vi"> <text>In an SAV Protection Zone; or</text> </level> <level label="vii"> <text>In a setback or buffer from the Assateague Island National Seashore established by the Department.</text> </level> </level> <level label="2"> <text>The provisions of paragraph (1)(v) of this subsection do not apply to the riparian owner or a lawful occupant of the riparian property.</text> </level> <level label="3"> <text>A water column lease of a riparian owner or a lawful occupant of the riparian property may be located in Herring Creek in St. Mary’s County.</text> </level> </level> <level label="d"> <text>A person with a water column lease in the waters of the State may cultivate shellfish:</text> <level label="1"> <text>Subject to approval by the United States Army Corps of Engineers, on or under the surface of the water in a floating structure; or</text> </level> <level label="2"> <text>In any other manner authorized by the Department.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-09" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>A person who wishes to obtain an aquaculture, water column, or submerged land lease shall pay a nonrefundable application fee established by the Department, in consultation with the Aquaculture Coordinating Council, and complete and submit an application to the Department.</text> </level> <level label="b"> <text>An application for an aquaculture lease, water column lease, or submerged land lease shall include:</text> <level label="1"> <text>A declaration that the applicant intends to actively use the leased area for commercial purposes; and</text> </level> <level label="2"> <text>A proposed plan for active use of the lease that shall include:</text> <level label="i"> <text>The lessee’s source and quantity of shellfish seed;</text> </level> <level label="ii"> <text>The methods and means the applicant will use to grow shellfish;</text> </level> <level label="iii"> <text>The quantity of shellfish that the lessee expects to plant and harvest, and the time for planting and harvesting, during the initial 3 years of the lease; and</text> </level> <level label="iv"> <text>A description of the labor, materials, and equipment to be used by the lessee.</text> </level> </level> </level> <level label="c"> <text>The requirements for active use of a lease shall include:</text> <level label="1"> <text>Annually planting at least one–fourth of the leased area at a minimum density of 1,000,000 shellfish seed per acre; or</text> </level> <level label="2"> <text>Complying with any other requirements established by the Department.</text> </level> </level> <level label="d"> <level label="1"> <text>The term of a lease is 20 years.</text> </level> <level label="2"> <text>Except for a demonstration lease under § 4–11A–11 of this subtitle, a lease may be of any size provided that the leaseholder actively uses the area.</text> </level> <level label="3"> <text>The Department shall establish, in consultation with the Aquaculture Coordinating Council, an annual amount of rent and an aquaculture development surcharge for an aquaculture, water column, or submerged land lease.</text> </level> <level label="4"> <text>The Department, as it considers necessary to protect the public health, safety, and welfare, may:</text> <level label="i"> <text>Deny a lease application for reasonable cause; or</text> </level> <level label="ii"> <text>Include any conditions in a lease.</text> </level> </level> </level> <level label="e"> <text>If an application for an aquaculture lease meets the requirements of this subtitle, the Department shall survey the leased area and issue a lease to the applicant.</text> </level> <level label="f"> <text>If an application for a submerged land lease in an area preapproved for leasing in the Atlantic Coastal Bays meets the requirements of this subtitle, the Department shall survey the leased area and issue a submerged land lease to the applicant.</text> </level> <level label="g"> <level label="1"> <text>If an application for a submerged land or water column lease in the Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this subtitle:</text> <level label="i"> <text>The applicant for the lease shall mark the center of the proposed area with a stake; and</text> </level> <level label="ii"> <text>The Department shall:</text> <level label="1"> <text>Survey the corners of the proposed lease area;</text> </level> <level label="2"> <text>Advertise the application on the website of the Department and once a week for 2 weeks in a newspaper published in the county or counties where the proposed lease is to be located;</text> </level> <level label="3"> <text>Notify the owners of property directly in front of the proposed activity;</text> </level> <level label="4"> <text>Notify each Chair of an Oyster Committee in the county in which the proposed activity is located; and</text> </level> <level label="5"> <text>Notify other interested parties that the Department considers appropriate.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>Any person may submit a written request for a public informational meeting on the issuance of a lease within 30 days after publication of the last advertisement under paragraph (1) of this subsection.</text> </level> <level label="ii"> <text>The request for a public informational meeting submitted to the Department under subparagraph (i) of this paragraph must contain the name, mailing address, and e–mail address of the requestor.</text> </level> <level label="iii"> <text>The Department shall hold a public informational meeting on the issuance of a lease on the request of any person.</text> </level> </level> <level label="3"> <level label="i"> <text>Any person who has a specific right, duty, privilege, or interest that is different from that held by the general public and may be adversely affected by the proposed lease may file a written petition with the Department protesting the issuance of the lease:</text> <level label="1"> <text>Within 30 days after publication of the last advertisement under paragraph (1) of this subsection; or</text> </level> <level label="2"> <text>Within 7 days after a public informational meeting held in accordance with paragraph (2) of this subsection.</text> </level> </level> <level label="ii"> <text>A protest filed with the Department under subparagraph (i) of this paragraph must contain:</text> <level label="1"> <text>The name, mailing address, and e–mail address of the protestant;</text> </level> <level label="2"> <text>A statement indicating that the protestant intends to protest the lease and the reasons for the protest; and</text> </level> <level label="3"> <text>A statement describing the protestant’s specific right, duty, privilege, or interest that is different from that held by the general public and may be adversely affected by the proposed lease.</text> </level> </level> <level label="iii"> <text>The Department may require mediation between the protestant, the applicant, and the Department before transmitting the protest to the Office of Administrative Hearings.</text> </level> <level label="iv"> <text>The protest shall be heard in accordance with the requirements of the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.</text> </level> <level label="v"> <text>Immediately after termination of the period specified in subparagraph (i) of this paragraph for filing a petition or after a final decision dismissing a protest, the Department shall issue a lease to the applicant.</text> </level> </level> </level> <level label="h"> <text>The Department, in consultation with the Aquaculture Coordinating Council, may charge an applicant reasonable advertising and survey fees.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-10" future_version_removed="true" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>A leaseholder shall:</text> <level label="1"> <text>Subject to subsection (b) of this section, actively use the lease and comply with any standards for planting, harvesting, and use of the leased area established by the Department;</text> </level> <level label="2"> <text>Mark each lease area with an 8–inch by 12–inch marker displaying the initials of the leaseholder and posted on a minimum of four poles;</text> </level> <level label="3"> <text>Comply with any other marking requirements established by the Department for the protection of navigation;</text> </level> <level label="4"> <text>Comply with the regulations established by the Maryland Department of Health in consultation with the Department of the Environment to carry out the mandate of the National Shellfish Sanitation Program; and</text> </level> <level label="5"> <text>Pay the rent and the aquaculture development surcharge for the lease at the time established by the Department.</text> </level> </level> <level label="b"> <text>The Department may waive the requirements for active use of a lease on a showing that conditions not present at the time of execution of the lease, including the unavailability of shellfish seed, prevent active use of the leased area.</text> </level> <level label="c"> <text>A leaseholder may not:</text> <level label="1"> <text>Place shellfish, bags, nets, or structures on submerged aquatic vegetation without prior written approval from the Department;</text> </level> <level label="2"> <text>Plant or harvest shellfish within 500 yards of any stationary blind or blind site that is occupied and being used for hunting migratory waterfowl;</text> </level> <level label="3"> <text>Sublease a lease;</text> </level> <level label="4"> <text>Transfer a lease without the approval of the Department;</text> </level> <level label="5"> <text>Harvest shellfish outside the hours established by the Department in regulation; or</text> </level> <level label="6"> <text>Place unlawfully harvested oysters on a lease.</text> </level> </level> <level label="c–1"> <text>In approving the placement of shellfish, bags, nets, or structures on submerged aquatic vegetation under subsection (c)(1) of this section, the Department:</text> <level label="1"> <text>May not authorize harvesting by dredge in areas where submerged aquatic vegetation is present;</text> </level> <level label="2"> <text>Shall authorize for water column leases the placement of shellfish, bags, nets, or structures in at least 10% of the area where submerged aquatic vegetation is present; and</text> </level> <level label="3"> <text>Shall authorize harvest by diving in areas on any submerged land lease where submerged aquatic vegetation is present.</text> </level> </level> <level label="d"> <text>Shellfish planted or harvested in accordance with a lease issued under this subtitle are subject to inspection by the Department.</text> </level> <level label="e"> <level label="1"> <text>A person who wishes to renew a lease issued under this subtitle or an existing shellfish lease or oyster lease shall submit an application that meets the requirements for an initial application in § 4–11A–09 or § 4–11A–11 of this subtitle.</text> </level> <level label="2"> <text>Before the termination or expiration of a lease issued under this subtitle, the leaseholder shall have the right of first refusal with respect to future leases of the leased area.</text> </level> </level> <level label="f"> <level label="1"> <text>The Department may terminate a lease issued under this subtitle for failure to comply with the requirements of this subtitle.</text> </level> <level label="2"> <text>The Department shall notify a leaseholder by registered mail of its intention and proposed decision to terminate a lease for failure to comply with the requirements of this subtitle.</text> </level> <level label="3"> <text>A leaseholder who wishes to contest the Department’s proposed decision may request a review of the decision by the Secretary, which shall be filed not later than 30 days after receipt of the Department’s decision.</text> </level> <level label="4"> <text>Failure of a leaseholder to respond to the Department’s proposed decision within 30 days of the date of the decision shall cause the leasehold to revert to the State.</text> </level> </level> <level label="g"> <text>In consultation with the Aquaculture Coordinating Council, the Department shall establish by regulation the hours for harvesting shellfish within leased areas.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-11" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>This section applies to demonstration leases.</text> </level> <level label="b"> <level label="1"> <text>The Department may issue a demonstration lease to a public high school, an incorporated college or university within the State, a 4–H club, or a nonstock, nonprofit corporation organized under the laws of the State exclusively for educational, conservation, or ecological purposes.</text> </level> <level label="2"> <text>An application for a demonstration lease shall include a declaration that the applicant intends to actively use the leased area for demonstration purposes and a proposed plan for active use of the lease.</text> </level> </level> <level label="c"> <text>The size of the lease may not exceed 5 acres.</text> </level> <level label="d"> <text>The proposed lease area may not be located:</text> <level label="1"> <text>Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of application for the lease;</text> </level> <level label="2"> <text>Within 150 feet of the public shellfish fishery or a registered pound net site;</text> </level> <level label="3"> <text>Within 150 feet of an oyster reserve or any Yates Bar located in an oyster sanctuary;</text> </level> <level label="4"> <text>Within 150 feet of a federal navigational channel;</text> </level> <level label="5"> <text>In any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide;</text> </level> <level label="6"> <text>In an SAV Protection Zone; or</text> </level> <level label="7"> <text>In a setback or buffer from the Assateague Island National Seashore established by the Department.</text> </level> </level> <level label="e"> <level label="1"> <text>A demonstration lease may not be assigned or transferred.</text> </level> <level label="2"> <text>Any transfer or assignment or attempt to transfer or assign a lease shall be void and the interest in submerged land shall revert to the State without the necessity of any action by the State.</text> </level> </level> <level label="f"> <level label="1"> <level label="i"> <text>A demonstration leaseholder shall actively use the lease for the purpose of demonstrating the ecological benefits of growing shellfish or for research or education.</text> </level> <level label="ii"> <text>Failure to actively use the lease may result in termination of the lease.</text> </level> </level> <level label="2"> <text>A person may not harvest shellfish for commercial or consumption purposes from an area that is subject to a demonstration lease.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-12" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>The Department shall maintain a record of leases issued under this subtitle.</text> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, all fees, funds, and revenues derived from the administration of this subtitle shall be paid to the Comptroller of the Treasury and credited to the Fisheries Research and Development Fund.</text> </level> <level label="2"> <text>The Department shall transfer any funds derived from the aquaculture development surcharge to the State Department of Agriculture to be used for development of, and training and grants for, shellfish aquaculture.</text> </level> </level> <level label="c"> <text>In accordance with § 4–742 of this title, the Department of the Environment may close to the catching, planting, or harvesting of shellfish waters in:</text> <level label="1"> <text>The shellfish public fishery area;</text> </level> <level label="2"> <text>An Aquaculture Enterprise Zone;</text> </level> <level label="3"> <text>An area preapproved for leasing in the Atlantic Coastal Bays; or</text> </level> <level label="4"> <text>An area subject to an aquaculture lease, submerged land lease, or demonstration lease.</text> </level> </level> <level label="d"> <text>In consultation with the Department of the Environment and the Wetlands Administrator of the Board of Public Works, the Department shall adopt regulations to implement this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-13" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>Except as provided in § 4–1008 of this title, a leaseholder may plant, cultivate, sow, or protect oysters only of the species known as Crassostrea virginica in the waters of the State.</text> </level> <level label="b"> <level label="1"> <text>In this subsection, the word “shellfish” includes live bivalves and bivalve shells.</text> </level> <level label="2"> <text>A person may not import or possess within the State shellfish taken from waters outside the waters of the State for planting in the waters of the State without the approval of the Department.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-14" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a leaseholder may cultivate or remove shellfish planted on the leaseholder’s aquaculture or submerged land lease area in any manner the leaseholder considers proper.</text> </level> <level label="2"> <text>A person may not use a hydraulic escalator dredge to harvest shellfish in the Atlantic Coastal Bays.</text> </level> </level> <level label="b"> <level label="1"> <text>Each leaseholder shall keep accurate records concerning the seeding and planting of cultch and shellfish on and the harvesting and selling of shellfish from the leaseholder’s aquaculture, submerged land, or demonstration lease area.</text> </level> <level label="2"> <text>Each leaseholder shall report this information to the Department electronically or on forms specified by the Department.</text> </level> </level> <level label="c"> <level label="1"> <text>On or before January 31 of each year, a leaseholder shall provide to the Department a report documenting the use of the lease during the prior year.</text> </level> <level label="2"> <text>A leaseholder shall provide to the Department any other report that the Department may require.</text> </level> <level label="3"> <text>Failure to file a report may result in termination of the lease.</text> </level> <level label="4"> <text>Failure to actively use a lease may result in termination of the lease.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-16" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <level label="1"> <text>A person, other than the leaseholder, may not willfully and without authority catch oysters on any aquaculture or submerged land lease area, or willfully destroy or transfer oysters on this land in any manner.</text> </level> <level label="2"> <text>The Department shall request the office of the local State’s Attorney or the Attorney General to bring a criminal action under § 7–104 of the Criminal Law Article against a person found to be in violation of this subsection provided that the leased area is designated and marked with buoys and other signage or the person knew or should have known that the harvest of oysters from the area was unlawful.</text> </level> <level label="3"> <level label="i"> <text>On conviction of a person for a violation of this subsection, the Department may suspend all existing tidal fish licenses issued to that person for a period not to exceed:</text> <level label="1"> <text>1 year for a first conviction; or</text> </level> <level label="2"> <text>2 years for a second or subsequent conviction.</text> </level> </level> <level label="ii"> <text>Before suspending any license under this section, the Department shall give the licensee written notice of the right to request a hearing.</text> </level> <level label="iii"> <text>A licensee may request a hearing within 15 days from the date that the notice required by this section is mailed.</text> </level> <level label="iv"> <text>The Department shall hold a hearing within 30 days of the date of the request and render a decision within 30 days of the hearing.</text> </level> </level> </level> <level label="b"> <text>A person, other than a leaseholder, may not remove, alter, transfer, or destroy any marker, shellfish, equipment, or structures on any aquaculture or submerged land lease area.</text> </level> <level label="c"> <text>A person, other than an aquaculture or submerged land leaseholder, while he is in default in payment of any rent or fee, may not use for any purpose any submerged land of the State.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-16.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>Subject to subsection (b) of this section, a person who willfully, negligently, recklessly, wrongfully, or maliciously enters any area leased to another person under this subtitle to harvest, damage, or transfer shellfish or to alter, damage, or remove any markings or equipment is liable to the leaseholder or any agent, employee, business partner, or contractor of the leaseholder for damages in an amount of:</text> <level label="1"> <text>Three times the value of the shellfish harvested, damaged, or transferred;</text> </level> <level label="2"> <text>The actual restoration costs for the leased area and any altered, damaged, or removed markings or equipment; and</text> </level> <level label="3"> <text>Any attorney fees or court costs incurred by the leaseholder or any agent, employee, business partner, or contractor of the leaseholder in the matter.</text> </level> </level> <level label="b"> <text>Subsection (a) of this section does not apply to a person engaging in aquaculture activity on a leased area in accordance with the terms and conditions of:</text> <level label="1"> <text>A shellfish aquaculture harvester registration card that is in the person’s possession; or</text> </level> <level label="2"> <text>An operator card that is in the possession of the person or another person present in the lease area.</text> </level> </level> <level label="c"> <text>On the request of a law enforcement officer, a person who enters an area leased to another person under this subtitle and engages in any act specified in subsection (a) of this section shall display a shellfish aquaculture harvester registration card or an operator card for the lease area.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-17" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <text>The owner of any pier, wharf, or other structure constructed on or about the water and approved by the corps of engineers, shall have exclusive use, for the purpose of growing and harvesting shellfish, of the area:</text> <level label="1"> <text>Below the owner’s pier, wharf, or structure; and</text> </level> <level label="2"> <text>In Calvert, Howard, St. Mary’s, and Talbot counties only, within 10 feet of the owner’s pier, wharf, or structure, for oysters grown in trays, baskets, or containers that are attached by lines or ropes that are the property of the owner of the pier, wharf, or structure to:</text> <level label="i"> <text>The private pier, wharf, or structure; or</text> </level> <level label="ii"> <text>Another oyster tray, basket, or container that is attached to the private pier, wharf, or structure.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-17.1" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <text>Oysters grown and harvested under § 4–11A–17 of this subtitle may not be commercially harvested, sold, or marketed for human consumption. </text> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-18" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <text>The Department shall establish 3 separate areas of 10 acres of submerged land each for oyster propagation research in the vicinity of:</text> <level label="1"> <text>Horn Point in Cambridge in Dorchester County;</text> </level> <level label="2"> <text>Deale Island in Somerset County; and</text> </level> <level label="3"> <text>The waters of St. Mary’s County, other than in the Potomac River.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-19" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <text>Notwithstanding any other provision of this title, the Department may adopt regulations that allow taking, possession, transport, or sale of oysters, from leased oyster bottoms that are less than the minimum size limit in §§ 4–1015 and 4–1015.1 of this title. </text> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-20" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>The Department may issue a permit authorizing a person to establish and operate an artificial or man-made pond or lake which he owns, leases, or controls, where fishing is permitted for payment of a fee, and in which fish stocked are artificially propagated by commercial hatcheries, or purchased from persons licensed to sell fish. The Department may issue the permit if it determines the lake or pond does not conflict with any reasonable prior public interest. The permit fee shall be $25 a year. The permit expires on December 31 following the date of issuance.</text> </level> <level label="b"> <text>The Department shall prescribe by regulation the size of the area, method of fishing, open and closed seasons, and the catching of fish by furnishing tags for a reasonable fee. The Department also shall regulate the release, possession, and use of legally propagated game and freshwater fish, and may require any report necessary concerning the operation of these areas.</text> </level> <level label="c"> <text>Any permit issued under the provisions of this section may be revoked for violation of any provision of this section or any regulation of the Department relating to fee-fishing lakes. The owner or operator of a fee-fishing lake or pond may not operate it without a permit.</text> </level> <level label="d"> <level label="1"> <text>The provisions of this title do not apply to any privately owned recreational area if the following factors are present:</text> <level label="i"> <text>The payment of a fee to the owner of the area is not exclusively for the privilege of fishing in any ponds or lake on the property;</text> </level> <level label="ii"> <text>The lakes or ponds are stocked privately by the owner with privately owned fish; and</text> </level> <level label="iii"> <text>Activities other than fishing are provided for the users of the recreational area.</text> </level> </level> <level label="2"> <text>The owner or owners of any privately owned recreational area and the users of the area are not required to display fishing licenses.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-21" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <text>A person may apply in writing to the Department for a permit to breed, propagate, and sell any species of game and freshwater fish protected by law, in ponds or lakes which he owns or leases. The Department, upon receipt of a permit fee of $5 may issue to the applicant a breeder’s license permitting him to hatch, rear, transport, sell, barter or exchange any fish. A fish breeder’s permit expires on December 31 following the date of issuance.</text> </level> <level label="b"> <text>The Department shall promulgate regulations governing the release, possession, sale, shipment, and identification of every game and freshwater fish bred under a fish breeder’s permit. The Department may require any report necessary concerning the operation of a fish breeder’s permit. Any permit issued under the provisions of this section may be revoked for a violation of any provision of this section or any regulation made pursuant to it.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-22" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <text>If a person who owns, controls, or erects an artificial pond on land he owns or possesses, puts any fish or the eggs or spawn of fish in the pond for breeding and cultivating purposes, and gives notice by written or printed handbills in public places near the pond, no other person may enter the premises to fish, without obtaining the consent of the owner.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-23" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Permit” means a shellfish nursery permit.</text> </level> <level label="3"> <text>“Pier” has the meaning stated in § 16–101 of the Environment Article.</text> </level> </level> <level label="b"> <text>A person may not engage in the commercial rearing of shellfish seed outside an area leased under this subtitle without first obtaining a permit from the Department.</text> </level> <level label="c"> <text>For a shellfish nursery to be located on land, the Department may issue a permit only to the owner or legal tenant of the property or to a person with the permission of the property owner.</text> </level> <level label="d"> <level label="1"> <text>For a shellfish nursery to be located in waters of the State outside a leased area, the Department may issue a permit only:</text> <level label="i"> <text>To the owner of a pier or other structure constructed on or about the water and approved by the U.S. Army Corps of Engineers, or to a person with the permission of the owner of the pier or other structure; and</text> </level> <level label="ii"> <text>For the cultivation of shellfish seed within 20 feet of the pier or other structure, in an area of water not exceeding 200 square feet.</text> </level> </level> <level label="2"> <text>A person is not required to obtain a water column lease or a submerged land lease for a permitted in–water shellfish nursery operation.</text> </level> <level label="3"> <text>Shellfish nursery products are exempt from water quality classifications and restrictions established by the Department of the Environment under the National Shellfish Sanitation Program.</text> </level> <level label="4"> <text>A person cultivating shellfish seed using a pump, a pipe, or any other equipment attached to a pier in accordance with a permit issued under this section is not required to obtain a tidal wetlands license or permit from the Department of the Environment or a State wetlands license from the Board of Public Works under Title 16 of the Environment Article, provided that the pump, pipe, or other equipment does not require increasing the length, width, or channelward encroachment of the pier.</text> </level> </level> <level label="e"> <level label="1"> <text>To obtain a permit, a person shall:</text> <level label="i"> <text>Complete and submit an application to the Department on a form prescribed by the Department; and</text> </level> <level label="ii"> <text>Pay a nonrefundable application fee established by the Department in consultation with the Aquaculture Coordinating Council.</text> </level> </level> <level label="2"> <text>The application fee may not exceed the cost of processing the permit.</text> </level> </level> <level label="f"> <text>The Department may, as it considers necessary to protect the public health, safety, and welfare:</text> <level label="1"> <text>Deny a permit application for reasonable cause; or</text> </level> <level label="2"> <text>Include conditions in a permit.</text> </level> </level> <level label="g"> <level label="1"> <text>The term of a shellfish nursery permit is 5 years.</text> </level> <level label="2"> <text>The Department may revoke or suspend a permit issued under this section at any time for noncompliance with the requirements of this section, regulations adopted under this section, or the conditions of the permit.</text> </level> </level> <level label="h"> <text>A permit holder shall allow the Department to inspect at reasonable hours any facilities, equipment, or shellfish that are part of the permit holder’s shellfish nursery operations.</text> </level> <level label="i"> <text>The Department may adopt regulations to implement this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-11A-24" future_version_removed="true" future_effective_date="EFFECTIVE UNTIL SEPTEMBER 30, 2029 PER CHAPTER 372 OF 2023" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture"> <text>IN EFFECT</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1201" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <level label="a"> <text>Except as otherwise specifically provided in this title, a person who violates any provision of this title is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, with costs imposed in the discretion of the court.</text> </level> <level label="b"> <text>Unless another penalty is specifically provided elsewhere in this title, any person found guilty of a second or subsequent violation of any provision of this title is subject to a fine not exceeding $2,000, or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.</text> </level> <level label="c"> <text>In addition to any administrative penalty provided in this title, violation of any rule or regulation adopted by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.</text> </level> <level label="d"> <level label="1"> <text>In addition to any other applicable penalty set forth in subsections (a) and (b) of this section, a person who violates any provision of this title or any regulations adopted by the Secretary under the authority of this title concerning the taking of or creel limits for striped bass, commonly known as rockfish, shall be subject to the following penalties:</text> <level label="i"> <text>For a first violation, a fine not exceeding $1,500 per fish;</text> </level> <level label="ii"> <text>For a second violation, within a 2–year period, a fine not exceeding $2,500 per fish and revocation of the fishing license for a period not less than 1 year but not more than 2 years; and</text> </level> <level label="iii"> <text>For a third violation within a 4–year period, a fine not exceeding $2,500 per fish and revocation of the fishing license for a period not less than 2 years but not more than 5 years.</text> </level> </level> <level label="2"> <text>In addition to any other penalty provided under this title, a person who commits any of the following violations, and the violation results in the unlawful capture of over $20,000 worth of striped bass as determined by the proceeds of the unlawful capture, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years:</text> <level label="i"> <text>Using unlawful gear;</text> </level> <level label="ii"> <text>Harvesting during closed seasons;</text> </level> <level label="iii"> <text>Harvesting from a closed area;</text> </level> <level label="iv"> <text>Violating established harvest, catch, or size limits; or</text> </level> <level label="v"> <text>Violating tagging and reporting requirements.</text> </level> </level> </level> <level label="e"> <text>A common carrier transporting fish who is not the buyer, seller, or catcher of the fish or is not controlled by the buyer, seller, or catcher of the fish is not subject to any penalty under this section for transporting fish which is either unlawfully caught or of unlawful size provided that the operator of the common carrier has in his possession a valid bill of lading, stating the origin, shipper, destination and receiver of the fish and the common carrier does not know or have reason to know that the fish were unlawfully caught or of unlawful size.</text> </level> <level label="f"> <text>In addition to any other applicable penalty set forth in this title, a person who unlawfully takes oysters from a leased oyster bottom, an oyster sanctuary, an oyster reserve, or an area closed to shellfish harvest by the Department of the Environment, when the area is designated and marked by buoys or other signage or the person knew or should have known that taking the oysters from the area was unlawful, is subject to a fine not exceeding $3,000.</text> </level> <level label="g"> <level label="1"> <text>If a person is convicted of violating any provision of this title and the violation causes or results in the injury, death, or destruction of any fish, including a protected species of animal, in addition to any other penalty provided in this title, the Secretary may order the person to pay restitution to the Department for the resource value of the fish, as determined by the regulations adopted by the Department under paragraph (2) of this subsection.</text> </level> <level label="2"> <text>The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations that establish a schedule of resource values for individual species.</text> </level> <level label="3"> <text>If two or more defendants are convicted for the same violation causing or resulting in the injury, death, or destruction of protected species of animals, the court may impose restitution against the defendants jointly and equally.</text> </level> <level label="4"> <level label="i"> <text>Restitution under this section shall be paid within 30 days or a time prescribed by regulation.</text> </level> <level label="ii"> <text>In each instance, restitution paid under this section shall be credited to the Department to be used only for the replacement, habitat management, or enforcement programs for injured, killed, or destroyed fish or protected species of animals.</text> </level> </level> </level> <level label="h"> <text>In addition to any other applicable penalty under this title, a person who violates § 4–708(a)(1) of this title (Committing separate commercial fishing violation while license or authorization is suspended or revoked) or § 4–708(a)(2) of this title (Engaging in commercial fishing activity without holding appropriate license or authorization) is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $25,000 or both, with costs imposed in the discretion of the court.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1202" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, if any fine is imposed by the District Court for a violation of any provision of this title, the fine shall be collected pursuant to the provisions of law of the District Court system.</text> </level> <level label="2"> <text>Notwithstanding any other provision of law, a fine imposed by the District Court under § 4–1201(h) of this subtitle on a person who commits a separate commercial fishing violation while the license or authorization is suspended or revoked or who engages in commercial fishing activity without holding the appropriate license or authorization, less the costs of collection, shall be paid to the Fisheries Research and Development Fund.</text> </level> </level> <level label="b"> <text>If any fine is imposed by the circuit court of any county, the fine, less the costs of collection, shall be paid to the Fisheries Research and Development Fund, unless otherwise provided for.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1203" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <text>If any Natural Resources police officer or any law enforcement officer has probable cause to believe that any person possesses any fish or any device in violation of this title, the officer shall go before any District Court judge of the county in which the fish or device is supposed to be and make affidavit to that fact. If the judge finds the affidavit legally sufficient, the judge shall issue a search warrant against the person complained of, directed to the officer making the affidavit, commanding the officer to proceed at once and search for the fish or device and, upon finding it, to seize, take possession, and keep it until further order by the judge. The warrant shall be executed pursuant to Rule 4-601 of the Maryland Rules. The warrant shall be returned within 5 days from the issuing date or within a shorter period of time as set forth in the search warrant.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1204" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <level label="a"> <text>If a Natural Resources police officer or any law enforcement officer has probable cause to believe that any fish or device is possessed, in violation of this title, and it is not possible or feasible to secure a search warrant in time to seize the fish or device, then he may examine without a warrant any boat, railway car, box, crate, package, or game bag.</text> </level> <level label="b"> <text>In this event, a Natural Resources police officer, in uniform or accompanied by a uniformed police officer, may stop and search an automobile, any vehicle, or trailer for the purpose of examining the fish bag. He also may determine whether the person has an appropriate license.</text> </level> <level label="c"> <text>However, this section does not permit entering a dwelling house without first procuring a search warrant.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1205" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <text>A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any rule or regulation promulgated pursuant to it, shall seize every fish unlawfully caught, sold, offered for sale, transported, or possessed. The Department may dispose of the seized fish at its discretion.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1206" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <level label="a"> <text>A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any rule or regulation promulgated pursuant to it, may seize every device, equipment, conveyance, or property unlawfully used. If the owner or person in charge of the seized device, equipment, conveyance, or property is convicted, the court may declare the device, equipment, conveyance, or property forfeited in addition to any other penalty provided in this title. Any forfeiture becomes the property of the Department for disposition at its discretion. If the owner is not known, the court may proceed ex parte to hear and determine any question of forfeiture. If the owner or person charged with the violation is not convicted, the device, equipment, conveyance, or property seized shall be released and returned to the owner or person charged.</text> </level> <level label="b"> <text>However, the device, equipment, conveyance, or property may not be forfeited if the owner was not a consenting party or privy to a violation.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1207" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <level label="a"> <text>In addition to any other penalty or fine provided in this title, any person who is convicted of violating any provision of this title or any regulation adopted under the authority of this title may have the license under which the person operated in the commission of violation suspended or revoked by the court.</text> </level> <level label="b"> <level label="1"> <text>A court may suspend for not more than 1 year a fishing license of a person who is convicted of violating § 6-402 of the Criminal Law Article while carrying a fishing rod or net for the purpose of fishing.</text> </level> <level label="2"> <text>When a person not holding a fishing license is convicted of violating § 6-402 of the Criminal Law Article while carrying a fishing rod or net for the purpose of fishing, the court may order that the person not obtain a fishing license for a period of not more than 1 year.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1208" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <level label="a"> <text>In this section, “violation” means a violation of:</text> <level label="1"> <text>Any provision of this title; and</text> </level> <level label="2"> <text>Any rule or regulation concerning fish and fisheries adopted by the Department.</text> </level> </level> <level label="b"> <text>If a person applies for the expungement of the person’s record concerning any violation, the Department shall expunge the record if, at the time of application:</text> <level label="1"> <text>The person has not been convicted of a violation for the preceding 3 years, and any license issued to the person under this title has never been suspended or revoked;</text> </level> <level label="2"> <text>The person has not been convicted of a violation for the preceding 5 years, and any license issued to the person under this title shows not more than 1 suspension and no revocations; or</text> </level> <level label="3"> <text>The person has not been convicted of a violation for the preceding 10 years, regardless of the number of suspensions or revocations.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1209" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <text>Upon the failure of any person to appear in a court of this State as required by any charging document accusing the person of committing any offense under this title, in addition to any other appropriate action taken by the court or the Department, the Department may immediately suspend, without hearing, any license issued to the person under this title. The Department may not issue any new license under this title to the person until the person appears in court to answer the charging document.</text> </section> <section article="gnr" article_name="Natural Resources" number="4-1210" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <level label="a"> <level label="1"> <text>In addition to any other penalty or fine provided in this title, a person who holds an authorization to catch oysters under § 4–701 of this title and receives a citation for an offense listed under paragraph (2) of this subsection may, in accordance with this section, have the authorization:</text> <level label="i"> <text>For a first violation, suspended for up to 5 years; and</text> </level> <level label="ii"> <text>For a second or subsequent violation, revoked.</text> </level> </level> <level label="2"> <text>The following offenses, committed in violation of this title or of any regulation adopted under this title, are grounds for suspension or revocation of an authorization to catch oysters under this section:</text> <level label="i"> <text>Taking oysters located more than 200 feet within a closed or prohibited area;</text> </level> <level label="ii"> <text>Taking oysters with gear that is prohibited in that area while more than 200 feet within the prohibited area;</text> </level> <level label="iii"> <text>Taking oysters outside of a time restriction for the harvest of oysters by more than 1 hour;</text> </level> <level label="iv"> <text>Taking oysters during closed seasons; and</text> </level> <level label="v"> <text>Taking oysters from a leased area by a person other than the leaseholder or the leaseholder’s designee.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Before the suspension or revocation of an authorization to catch oysters under this section, the Department shall hold a hearing on the matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.</text> </level> <level label="2"> <text>After a hearing is conducted under paragraph (1) of this subsection, if the presiding officer finds or concludes that the person knowingly has committed an offense listed under subsection (a)(2) of this section, the Department shall suspend or revoke the person’s authorization to catch oysters in accordance with subsection (a)(1) of this section.</text> </level> </level> <level label="c"> <text>A person who is aggrieved by the final decision of the Department may obtain judicial review of the decision in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.</text> </level> <level label="d"> <text>A person whose authorization has been suspended or revoked in accordance with this section may not engage or work in the oyster fishery while suspended or revoked whether or not the work requires the use of another license.</text> </level> <level label="e"> <level label="1"> <text>The Department may accept an application for and issue an oyster authorization to a person whose oyster authorization was revoked under this section before July 1, 2025, beginning 5 years after the date of revocation.</text> </level> <level label="2"> <text>The Department shall reinstate a person’s entitlement to engage or work in the oyster fishery for a person whose authorization to catch oysters was revoked under this section before July 1, 2025, beginning 5 years after the date of revocation.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1211" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <level label="a"> <level label="1"> <text>In addition to any other penalty or fine provided in this title, a person who is authorized to catch striped bass or crabs under § 4–701 of this title and who commits an offense established under paragraph (2) of this subsection may have the authorization to catch striped bass or crabs revoked in accordance with this section.</text> </level> <level label="2"> <text>The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations that establish grounds for the revocation of an authorization to catch striped bass or crabs under § 4–701 of this title, which shall include egregious or repeat violations in the following categories:</text> <level label="i"> <text>Using illegal gear;</text> </level> <level label="ii"> <text>Harvesting during closed seasons;</text> </level> <level label="iii"> <text>Harvesting from a closed area;</text> </level> <level label="iv"> <text>Violating established harvest, catch, or size limits; and</text> </level> <level label="v"> <text>Violating tagging and reporting requirements.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Before the revocation of an authorization to catch striped bass or crabs under this section, the Department shall hold a hearing on the matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.</text> </level> <level label="2"> <text>After a hearing is conducted under paragraph (1) of this subsection, if the presiding officer finds or concludes that the person knowingly has committed an offense listed under subsection (a)(2) of this section, the Department shall revoke the person’s authorization to catch striped bass or crabs.</text> </level> </level> <level label="c"> <text>A person who is aggrieved by the final decision of the Department may obtain judicial review of the decision in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.</text> </level> <level label="d"> <text>A person whose authorization has been revoked in accordance with this section may not engage or work in the fishery for which the authorization was revoked whether or not it requires the use of another authorization.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="4-1212" title_number="4" title_name="Fish and Fisheries" subtitle_number="12" subtitle_name="Penalties and Fines, Searches, Seizures and Forfeitures"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Permit” means a shellfish aquaculture harvester permit issued by the Department.</text> </level> <level label="3"> <text>“Registration card” means a shellfish aquaculture harvester registration card issued by the Department.</text> </level> </level> <level label="b"> <level label="1"> <text>In addition to any other penalty or fine provided in this title, a person who holds a shellfish aquaculture harvester permit or shellfish aquaculture harvester registration card and receives a citation for an offense listed under paragraph (2) of this subsection may, in accordance with this section, have the permit or registration card:</text> <level label="i"> <text>For a first violation, suspended for up to 5 years; and</text> </level> <level label="ii"> <text>For a second or subsequent violation, revoked.</text> </level> </level> <level label="2"> <text>The following offenses, committed in violation of this title or of any regulation adopted under this title, are grounds for suspension or revocation of a permit or registration card under this section:</text> <level label="i"> <text>Taking oysters from a closed or prohibited area more than 200 feet outside a shellfish aquaculture lease;</text> </level> <level label="ii"> <text>Delivering oysters to a dealer more than 1 hour after the time required by the Maryland Department of Health’s Vibrio Parahaemolyticus Control Plan as set forth in COMAR 10.15.07.06;</text> </level> <level label="iii"> <text>Taking oysters from a leased area by a person other than the leaseholder or the leaseholder’s designee;</text> </level> <level label="iv"> <text>Taking oysters for commercial purposes from a natural oyster bar or a public shellfish fishery area without a valid authorization to catch oysters under § 4–701 of this title; and</text> </level> <level label="v"> <text>Unlawfully taking oysters for commercial purposes from a natural oyster bar or a public shellfish fishery area and planting those oysters on a shellfish aquaculture lease.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>Before the suspension or revocation of a permit or registration card under this section, the Department shall hold a hearing on the matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.</text> </level> <level label="2"> <text>After a hearing is conducted under paragraph (1) of this subsection, if the presiding officer finds or concludes that the person knowingly has committed an offense listed under subsection (b)(2) of this section, the Department shall suspend or revoke the person’s permit or registration card in accordance with subsection (b)(1) of this section.</text> </level> </level> <level label="d"> <text>A person who is aggrieved by the final decision of the Department may obtain judicial review of the decision in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.</text> </level> <level label="e"> <text>A person whose permit or registration card has been suspended or revoked in accordance with this section may not engage or work in any aquaculture activity during the suspension or revocation whether or not the work requires the use of another permit or registration card.</text> </level> <level label="f"> <level label="1"> <level label="i"> <text>This subsection applies only to a person who is the sole holder of a shellfish aquaculture lease under Subtitle 11A of this title and whose permit or registration card has been suspended or revoked under this section.</text> </level> <level label="ii"> <text>Within 90 days after the conclusion of an administrative proceeding under § 4–11A–10 of this title that results in the termination of a lease, a person may provide to the Department a plan to remove any gear or other equipment from the leased area or transfer the lease to another person.</text> </level> <level label="iii"> <text>Within 60 days after receipt of the plan under subparagraph (ii) of this paragraph, the Department shall review the plan and notify the person whether the plan is complete or requires revisions.</text> </level> <level label="iv"> <text>Within 30 days after the Department’s notification under subparagraph (iii) of this paragraph, the person shall submit any required plan revisions and a lease transfer application to the Department.</text> </level> <level label="v"> <text>Within 90 days after receipt of the person’s completed lease transfer application, the Department shall approve the lease transfer.</text> </level> </level> <level label="2"> <text>The Department may not terminate a person’s lease before the conclusion of the process under paragraph (1) of this subsection.</text> </level> <level label="3"> <text>A person’s failure to complete the process under paragraph (1) of this subsection may result in the forfeiture of any gear and equipment on the leased area to the State for destruction or disposition as the Department may deem appropriate.</text> </level> </level> </section>