# Natural Resources (GNR)

## Title 4. Fish and Fisheries

### Subtitle 1. In General

#### Section 4-101

(a) In this title the following words have the meanings indicated.

(b) "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.

(c) "Authorization" means an authorization under a tidal fish license issued by the Department which entitles a licensee to engage in a particular fishing activity.

(d) "Catch" includes to take, kill, trap, gather, harvest, or in any manner reduce any fish to personal possession.

(e) "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.

(f) "Commercial fishing pier" means a pier open to the public that charges a fee to fish in the tidal waters of the State.

(g) "County" includes Baltimore City unless otherwise indicated.

(h) "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.

(i) "Department" means Department of Natural Resources.

(j) "Fish" means, except as provided in Sec. 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.

(k) "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.

(l) "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.

(m) "Nontidal water" means water above a point where the tide ebbs and flows.

(n) "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.

(o) "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.

(p) "Resident" means an individual who:

  (1) For more than 6 months of the taxable year maintains a residence in the State; or

  (2) Moves to the State with the intent to be domiciled in the State.

(q) "Secretary" means Secretary of Natural Resources.

(r) "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.

(s) "Tidal water" means water below a point where the tide ebbs and flows.

#### Section 4-102

(a) 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.

(b) 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.

#### Section 4-103

(a) The General Assembly finds that:

  (1) Fishing is a valued part of the State's cultural and social heritage that provides unique recreational benefits to residents of the State; and

  (2) 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.

(b) 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.

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Md. Code Ann., Nat. Res. (as displayed at mgaleg.maryland.gov, October 16, 2026)