The Secretary is responsible for conservation management of the fish, fisheries, fish resources and aquatic life within the State.

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.

There is a Tidal Fisheries Advisory Commission in the Department. 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. The Commission consists of: Up to 14 commercial watermen; One member of the Sport Fisheries Advisory Commission; and One representative of the aquaculture industry in the State. The composition of the Commission shall reflect the geographic regions of the State where the commercial fishing industry is operating. The term of a member is 4 years. The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015. At the end of a term, a member continues to serve until a successor is appointed and qualifies. 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. There is a Sport Fisheries Advisory Commission in the Department. The Commission shall provide the Department advice on recreational fisheries matters. The Commission is composed of 17 members appointed and serving in accordance with the provisions of § 1–102(c) of this article. The Commission shall include: 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 One representative of the aquaculture industry in the State. The experience and backgrounds of Commission members shall represent the diversified angling interests and waters of the State. The term of a member is 4 years and a member may be reappointed. The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015. At the end of a term, a member continues to serve until a successor is appointed and qualifies. 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. There is an Oyster Advisory Commission in the Department. 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. The Commission shall include only: A representative from each county oyster committee established under § 4–1106(b) of this title designated by the committee; A representative from the Maryland Watermen’s Association, designated by the Association; A representative from the Maryland Oystermen’s Association, designated by the Association; A representative from the Blacks of the Chesapeake Foundation, designated by the Foundation; A representative from the aquaculture industry, designated by the Aquaculture Coordinating Council; A representative from the commercial seafood buyer industry, designated by the Secretary; A representative from the Coastal Conservation Association of Maryland, designated by the Association; A representative from the Chesapeake Bay Foundation, designated by the Foundation; A representative from the Nature Conservancy, designated by the Conservancy; A representative from the ShoreRivers Riverkeeper Association, designated by the Association; A representative from the Arundel Rivers Federation, designated by the Federation; A representative from the Oyster Recovery Partnership, designated by the Partnership; A representative from the Chesapeake Bay Commission, designated by the Chesapeake Bay Commission; A representative from Blue Oyster Environmental, designated by Blue Oyster Environmental; A representative from the Chesapeake BaySavers, designated by the Chesapeake BaySavers; A representative from the National Aquarium, designated by the National Aquarium; A representative from the University of Maryland Center for Environmental Science, designated by the Center; and A representative from the Patuxent Environmental and Aquatic Research Laboratory, Morgan State University, designated by the Research Laboratory. The following persons shall provide information to the Commission at the request of the Commission but may not participate as voting members: 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; Two members of the Senate, one from each political party, appointed by the President of the Senate; and Two members of the House of Delegates, one from each political party, appointed by the Speaker of the House. The Commission shall: Provide the Department with advice on matters related to oysters in the Chesapeake Bay; 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; Review the latest findings relevant to the Environmental Impact Statement evaluating oyster restoration alternatives for the Chesapeake Bay; Review any other scientific, economic, or cultural information relevant to oysters in the Chesapeake Bay; 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 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: Strategies to minimize the impact of oyster disease, including the State repletion program and bar cleaning; 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; Strategies to maximize the ecological benefits of natural oyster bars; and Strategies to improve enforcement of closed oyster areas. The Department may not use funds allocated to a county oyster committee for the Commission established under this subsection.

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. 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. 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. 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. The Department shall inspect the waters of the State in order to stock them with food fish which in its judgment are most advantageous. The Department may negotiate any agreement with any other state concerning catching fish, the size of fish, and opening and closing fishing seasons. 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. 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. The Department may issue a new commercial fishing license when the license is forfeited. The Department may define the boundaries of tidal and nontidal waters within the jurisdiction of the State, and promulgate them by rule or regulation. 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: Assawoman Bay and the Isle of Wight; Chincoteague Bay; Sinepuxent Bay; St. Martin River; and Atlantic Ocean adjacent to Worcester County. 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. 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. 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.

In this section the following words have the meanings indicated. “Aquatic organism” means an organism that lives part of its life in water. “Ecosystem” means a system of living organisms and their environment, each influencing the life of the other and necessary for the maintenance of life. “Introduction into State waters” includes use of an organism as bait in the waters of the State. “Native” means having historically lived, grown, and reproduced in State waters. “Naturalized” means documented as having lived, grown, and reproduced in State waters without known harm to the ecosystem. “Nonnative” means other than native or naturalized. “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. “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. Except as provided under paragraph (2) of this subsection, the Secretary may adopt regulations to: 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; Manage the sale, transport, purchase, importation, possession, harvest, season, size limits, open area, catch devices, and introduction of nuisance organisms; and Conduct pilot projects to demonstrate and evaluate new approaches for the management and control of nuisance organisms. The provisions of this section do not apply to: An aquaculture operation for which the Department has issued a permit under Subtitle 11A of this title; The possession, importation, or transport of a nonnative aquatic organism for purposes related to a permitted aquaculture operation; or 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. 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. 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. 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. The Department shall investigate and determine, to the extent possible, the person who is causing or has caused the state of nuisance. The Department may seize a nuisance organism that has created or will foreseeably create a state of nuisance. The Department may dispose of a seized nuisance organism in any manner deemed appropriate. 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. The notice shall be served: On the person determined to have caused the state of nuisance; or If the person determined to have caused the state of nuisance cannot be found, on the owner or occupant of the property: Where the state of nuisance exists; or That must be entered to access or abate the state of nuisance. 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. A complaint filed under paragraph (3) of this subsection may seek a court order requiring the person to: Comply with the requirements of the Secretary’s abatement notice; Abate the state of nuisance within a time specified in the order; or Prevent the state of nuisance from recurring. This paragraph applies to a person served with a notice under paragraph (2)(ii) of this subsection. 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. 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. 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. A complaint filed under subparagraph (iii) of this paragraph may seek a court order requiring the person to allow the Department to: Enter on the property; and At the expense of the Department, do any work and use any materials necessary to abate the state of nuisance. If the Department abates a state of nuisance under this paragraph, the Department shall: Make reasonable efforts to repair any property damage caused by abatement activities; or Reimburse the person for repair or replacement costs associated with damages caused by abatement activities. 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. Before summarily abating a state of nuisance under this subsection, the Secretary shall, as appropriate: 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; 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 If a person other than the property owner, occupant, or tenant is reasonably believed to have caused the state of nuisance: Serve an abatement order on that person; and 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 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. An abatement order under this subsection shall require and state: 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 To the best knowledge of the Department, the work and materials necessary to abate the state of nuisance. 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. 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: Enter on the property; and 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. 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. 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. To the extent possible, the Department shall minimize property damage during abatement activities. If the Department has not determined that the property owner, occupant, or tenant caused the state of nuisance, the Department shall: Make reasonable efforts to repair any property damage caused by abatement activities; or Reimburse the owner, occupant, or tenant for repair or replacement costs associated with damages caused by abatement activities. All abatement activities shall be performed in accordance with criteria established by the Department. 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. A person may not: 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 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. 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. Each nuisance organism imported or possessed in violation of this section or a regulation adopted under this section constitutes a separate offense.

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. 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. 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. Every book, statement, and account shall be open for the Department to inspect at reasonable hours. 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. 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. 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. 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.

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.

In this section, “Fund” means the State Fisheries Management and Protection Fund. There is a State Fisheries Management and Protection Fund in the Department. The purpose of the Fund is to finance the scientific investigation, protection, propagation, and management of nontidal finfish. The Department shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund. The Fund consists of: Any money received for a fish and fisheries license, stamp, permit, or application fee under this title, unless otherwise provided; Any investment earnings of the Fund; and Money appropriated from the General Fund of the State in accordance with subsection (j) of this section. The Fund may be used only for: The scientific investigation, protection, propagation, and management of nontidal finfish; and Administrative costs calculated in accordance with § 1–103(b)(2) of this article. The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. 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. Expenditures from the Fund may be made only in accordance with the State budget. 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.

In this section, “Fund” means the Fisheries Research and Development Fund. There is a Fisheries Research and Development Fund in the Department. The purpose of the Fund is to: Finance the replenishment of fisheries resources and related research; and Match federal funds available for research and development of fisheries resources. The Department shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund. The Fund consists of: Any money received under this title for: Commercial licenses and permits; 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; The sale of seed oysters under § 4–1103 of this title; and Any fine or forfeiture collected under § 4–1202 of this title; Any investment earnings of the Fund; Money received from any other source; and Money appropriated from the General Fund of the State in accordance with subsection (j) of this section. Subject to §§ 4–701(q), 4–1020, 4–1028, and 4–1035 of this title, the Fund may be used only for: Replenishing fisheries resources and related research; Matching federal funds available for research and development of fisheries resources; and Administrative costs calculated in accordance with § 1–103(b)(2) of this article. The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. 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. Expenditures from the Fund may be made only in accordance with the State budget. 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. 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. 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.

In this section, “Fund” means the Black Bass Conservation Fund. There is a Black Bass Conservation Fund in the Department. The purpose of the Fund is to further black bass management. The Department shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. The Fund consists of: Donations collected by the Department under § 1–403(f) of this article; Money appropriated in the State budget to the Fund; Interest earnings; and Any other money from any other source accepted for the benefit of the Fund. The Department may use money in the Fund to: Stock black bass; Enhance aquatic habitats for black bass; Support responsible black bass tournaments; and Support scientific research related to black bass conservation. The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Any interest earnings of the Fund shall be credited to the Fund.

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. 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. 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. A commercial fishing guide shall be required to submit reports monthly on forms provided by the Department. The Secretary may establish by regulation vessel marking, first aid, and safety requirements with which all licensed fishing guides shall comply. The Department may suspend, revoke, or refuse to issue a license for failure to comply with the terms of the license. 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. 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: Anglers in up to 3 boats or vessels that: Have 1 or 2 occupants; and Are propelled by human power; or Except as provided in item 2 of this item, up to 10 anglers fishing from shore or on foot in the water; or 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. 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. A recreational angler under the guidance of a limited fishing guide in tidal waters may not: 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 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. The fee for a limited fishing guide license under subsection (g) of this section shall be: For a resident, $50; and For a nonresident, $100. All fees collected by the Department under this subsection shall be used for monitoring the freshwater fishery.

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. An applicant for a license shall: Submit to the Department an application on the form that the Department requires; Pay to the Department an application fee of: $20 for residents or $50 for nonresidents to operate in nontidal freshwater; and $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 Possess any necessary fishing licenses and stamps. 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: Otherwise is entitled to hold the license; Submits to the Department a renewal application on the form that the Department requires; and Submits to the Department the annual license application fee under subsection (b) of this section. 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. The Department may issue a freshwater fishing guide license which shall be valid for a term established by the Department in regulation. The freshwater fishing guide license is not valid in tidal waters except for the following designated areas: In the upper Chesapeake Bay upstream of a line from Sandy Point to Turkey Point; In the Elk River upstream of a line from Turkey Point to the State launching ramp at Pearce Creek; In the Pond Creek upstream of a line connecting the two unnamed points at the entrance to the creek; In the Sassafras River upstream of a line from Grove Point to Howell Point; In the Still Pond Creek upstream of a line from Meeks Point to Rocky Point; In the Worton Creek upstream of a line from the point at Copeland to Handys Point; In the Fairlee Creek upstream of a line across the entrance of the creek; In the Chester River upstream of a line from Spaniard Point to Nichols Point; In the Corsica River, a tributary of the Chester River, upstream of a line from Spaniard Point to Holton Point; In the Langford Creek, a tributary of the Chester River, upstream of a line from Nichols Point to Grays Inn Point; In the Grays Inn Creek, a tributary of the Chester River upstream from Grays Inn Point to Little Gum Point; In the Choptank River upstream of the Dover Bridge on Route 331; In the Blackwater River upstream of a line from the lower point of Snake Island to the southernmost point on the opposite shore; In the Transquaking River upstream of a line from Alabaster Point running magnetic north to the opposite shore; In the Nanticoke River upstream of a line from Long Point to Runaway Point; In the Wicomico River upstream of the Whitehaven ferry crossing; In the Pocomoke River upstream of the landing at Rehobeth; In the Maryland tributaries of the Potomac River above the Route 301 bridge; and 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; In the Patuxent River upstream of the overhead power lines north of Gods Grace Point; In the Swanson Creek, a tributary of the Patuxent River, upstream of a line from Teague Point to Chalk Point; In the Patapsco River upstream of the Hanover Street crossing parallel to the Potee Street crossing; In the Back River upstream of a line from Cuckhold Point to Rocky Point; In the Middle River upstream of a line from Booby Point to Bowley Bar Point; In the Seneca Creek upstream of a line from Bowley Bar Point to Lowen Point; In the Gunpowder River upstream of a line from Weir Point to Rickett Point; and In the Bush River upstream of a line from Abbey Point to Sandy Point. A recreational angler under the guidance of a freshwater fishing guide in tidal waters may not: Possess the species of fish known as striped bass or rockfish; or From March 1 through May 31, catch or attempt to catch striped bass in spawning areas and rivers. 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. 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. The Department shall adopt regulations necessary to implement this section including regulations that: 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; 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; 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 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.

In this section, “permit” means a Maryland Provisional Chesapeake Bay Charter Boat Permit. The Department shall establish a Maryland Provisional Chesapeake Bay Charter Boat Permit. The Department may issue a permit if the person: Is licensed by Virginia to operate a charter boat in its jurisdictional tidal waters; and Provides the Department with documentation of fishing activity for 2001 and 2002 based upon licensing and reporting requirements of the Virginia Marine Resources Commission. A permit issued by the Department: Is valid only for an authorized person operating a vessel for charter fishing trips originating from the tidal waters of Virginia; and Is nontransferable. 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. 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. The holder of a permit issued under this section is subject to the penalties under Subtitle 12 of this title. The Department may adopt regulations necessary to implement this section.

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. A taxidermist and fur–tanning license also shall permit the holder: To mount, preserve, or tan any species of wildlife legally acquired; and 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. 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. A person desiring a taxidermist and fur-tanning license shall: Apply on forms the Secretary supplies; Pay a $50 annual license fee; and Provide recent work samples for examination by the Department. 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. A taxidermist and fur-tanning license: Shall expire on June 30 following the date of issuance; and May be renewed by providing information on forms the Secretary supplies and paying the $50 annual license fee. 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. The licensee shall allow any Natural Resources police officer or any law enforcement officer to enter at all reasonable hours for the following purposes: To inspect the premises and holding facilities where operations are being carried on; To inspect finfish; and To inspect records. 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.

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. 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. The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit. The permit: Shall expire December 31 of the issuing year; and May not be transferred to another person. The permit may become void on proof that the permittee has: Violated any provision of the permit; Captured or killed any fish, fish eggs, shellfish, or aquatic invertebrates in violation of the terms and conditions of the permit; Taken any nests or eggs for other than scientific or educational purposes; or Taken or possessed any fish, fish eggs, shellfish, or aquatic invertebrates not authorized by the permit.

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. This section does not apply to activities involved in: The harvesting of fish, shellfish, or crabs; or The construction, operation, and maintenance of agricultural drainage channels. 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: Why the alteration or removal of submerged aquatic vegetation is necessary; The proposed method of alteration or removal; A plan showing the site at which the activity is proposed; and The extent of submerged aquatic vegetation to be altered or removed. 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. 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. 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. There is no limitation to a 20 foot wide strip for a utility company or telecommunications carrier when: Performing an emergency investigation; or Performing repair work. 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: Contact the Department for information on best harvesting methods; Use best harvesting methods; and Provide the Department with the: Location of the submerged aquatic vegetation that will be altered or removed; and Date on which the alteration or removal will occur. This paragraph does not apply to: Any person who has a national pollution discharge elimination system permit; or Any publicly or privately owned sewage treatment plant. A person may not use any chemical to trim, harvest, cut, or otherwise remove or eradicate submerged aquatic vegetation under this subsection. 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. If a plan is approved, the Department may prescribe the time, method, and extent of the removal or eradication to: Control the effect of the removal or eradication on water quality; or Protect the growth and proliferation of fish and aquatic grasses. The Secretary may adopt regulations to administer this section. As part of the regulations, the Secretary may authorize specific categories of removal of submerged aquatic vegetation. 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. The plan under this subsection shall include the following requirements: The name, address, and telephone number of the person making the request; A written description by the person making the request of the reasons why it is necessary to alter or remove the submerged aquatic vegetation; The proposed method to alter or remove the submerged aquatic vegetation; and A diagram showing the location and extent of the submerged aquatic vegetation that is proposed to be altered or removed. The authorization required by this section is in addition to any other permit or license required by law.

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. By regulation, the Secretary may establish free fishing areas where a person may catch finfish for recreational purposes in: 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 Nontidal waters of the State without an angler’s license or a trout stamp.

In this section the following words have the meanings indicated. “Conservation and management measures” means 1 or more techniques through which the objectives of a fishery management plan are achieved. “Fishery” or “fishery resource” means: 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 The group or industry harvesting those stocks. “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. “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. “Supplement” means a Maryland–specific supplement prepared under subsection (b) of this section. The Department shall prepare fishery management plans for the following species: White perch; Yellow perch; Oysters; Blue crabs; Hard shell clams; Catfish; and Cownose ray. 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: Shall manage those species in accordance with those plans and any supplements to those plans; May implement conservation and management measures in accordance with those plans; 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; May implement conservation and management measures in accordance with a supplement adopted under this section; and May manage those species in accordance with a fishery management plan prepared by the Department in accordance with subsection (c) of this section. 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: Lack of management by the Atlantic States Marine Fisheries Commission or a federal Regional Fishery Management Council; The population of the species; The distribution of the species; The habitat needs of the species; or Other biological, ecological, climatological, or socioeconomic factors concerning the species or Chesapeake Bay region. A fishery management plan may include: 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; Incorporation of relevant fishery conservation and management measures proposed or adopted by interstate bodies of which Maryland is a member; and Other proposed measures, requirements, or conditions and restrictions that are necessary and appropriate for fishery management. The Department may implement conservation and management measures in accordance with a fishery management plan adopted under this section. Conservation and management measures implemented under a fishery management plan, to the extent possible: Shall prevent overfishing while attempting to achieve the best and most efficient utilization of the State’s fishery resources; Shall be based on the best information available; 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; Shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches; Shall avoid duplication of regulatory efforts and unnecessary costs to the State and to any other person; and Shall take into account changes in environmental factors, including climatological factors. 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: Fair and equitable to all individuals; Reasonably calculated to promote conservation; and Carried out in such a manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges. 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: The best available estimates of sustainable harvest rates; Indicators that would trigger any tightening or loosening of harvest restrictions; A description of the fishery, including: The history of the fishery, and its current condition relative to historic populations; 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; The type and quantity of fishing gear used commercially; Where practicable, the cost likely to be incurred in the management of the fishery; and The actual and potential revenues from the recreational and commercial fishery; If the Department determines that a fishery has been, or is currently, overfished: A species–specific time period for: Ending or appropriately addressing overfishing; and Rebuilding the stock of the species to a sustainable level; and A description of: 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 The appropriate assignment or allocation of fishing privileges in accordance with paragraph (4) of this subsection; and 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. 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: The specific biology of the species; The management of the species under a federal or multi–state fishery management plan; The designation of the species as a nuisance; Environmental conditions; or Other ecological factors. The Department shall: 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: Oyster abundance; Oyster habitat; Oyster harvest; Oyster harvest revenue; and Nitrogen removal; and Hold public listening sessions throughout the State to identify possible management actions for use in the public oyster fishery. The Oyster Advisory Commission, with the assistance of external conflict resolution and facilitation specialists, shall: Develop a package of consensus recommendations through a facilitated consensus solutions process, based on a 75% majority agreement level for each recommendation; 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 Review model results for each management action or combination of management actions to inform its recommendations. 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. In addition to the requirements under subsubparagraph 1 of this subparagraph, the Department shall include in the interim report submitted by August 1, 2021: The status of the development of the science–based modeling tool used to quantify the long–term impacts of identified management actions; and A summary of the model results of any actions identified by the Oyster Advisory Commission on or before the date of the interim report. 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. To be responsive to changes in the oyster resource due to environmental conditions, the Department shall: 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 With the input of interested stakeholders, implement management actions that increase oyster habitat, maintain harvest, and grow the oyster stock. The fishery management plan developed in accordance with paragraph (1) of this subsection shall: 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; Achieve fishing mortality rates at target levels; Increase oyster abundance; Increase oyster habitat; and Facilitate the long–term sustainable harvest of oysters, including the public fishery. 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: The Legislative Policy Committee; The Senate Committee on Education, Energy, and the Environment; and The Environment and Transportation Committee. The Department: Shall adopt by regulation: A fishery management plan prepared by the Department under this section; and A supplement prepared by the Department under this section; and May adopt conservation and management measures by regulation for: An Atlantic States Marine Fisheries Commission fishery management plan; A federal Regional Fishery Management Council fishery management plan; A fishery management plan prepared and adopted by the Department under this section; and A supplement prepared and adopted by the Department under this section. The Secretary may adopt conservation and management measures in separate proceedings and by separate regulations. 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. 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. 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. 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. 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. 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. The provisions of this section do not apply to aquaculture activities in nontidal ponds, lakes, or impoundments in the State.

The provisions of this section do not apply if: 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; An abatement or a summary abatement of a state of nuisance is necessary under § 4-205.1 of this subtitle; or The Department closes an area of State waters: For the stocking of coldwater trout; or In order to provide a security zone adjacent to a production hatchery. The Department may completely close an area of State waters to all finfishing if the Department: In a written report made available to the general public: Makes a finding that the closure is necessary, after due consideration of: The scientific basis for the closure; The purpose of the closure; The rationale for the selection of the specific area to be closed; The sufficiency of the area closed to generate the benefits projected; and The likelihood that the same objective could be effectively accomplished through the use of alternative management measures; and Develops protocols and a reporting timeline to monitor and evaluate the effectiveness of the closure; and Holds at least one public hearing in accordance with the requirements under subsection (d) of this section. 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. For 2 successive weeks in advance of a public hearing required under subsection (b)(2) of this section, the Department shall: 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 Advertise the date, time, place, and purpose of the hearing in at least: One newspaper of general daily circulation in the State; and One newspaper circulated in the affected region of each county in which waters may be directly affected by the proposed closure. 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. 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: 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 Determine what, if any, management modifications would be appropriate, including the reopening of the closed area.

On or before January 1, 2008, the Department shall adopt regulations that: Provide a management strategy for yellow perch that enables yellow perch to migrate to historical spawning rivers and streams before spawning; and Equitably allocate harvests of yellow perch between recreational and commercial harvesters. 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. 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.

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. 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.

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. The resident consolidated senior sport fishing license may be obtained from the Department or from any authorized agent of the Department. The annual fee for the license is $12. As compensation, an agent shall retain 50 cents for each license issued. A resident consolidated senior sport fishing license shall be valid for 1 year following the date of issuance. A holder of a resident consolidated senior sport fishing license may: Engage in angling on the nontidal waters of the State without holding an angler’s license under § 4–604 of this title; and 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.

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. The primary caregiver or representative of the organization attending to the disabled individuals is included in the license exemption under this subsection. 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. The Department may issue an annual license exemption to a governmental entity or a nonprofit organization to: 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 Provide fishing clinics and instructional opportunities to: Individuals who are veterans or active service members; Individuals who are participating in a physical or mental wellness outdoor event; Individuals who are participating in a special needs outdoor event; Individuals who are acting under the authority of a scientific collection permit issued under § 4–212 of this subtitle; or Residents of the State who are underserved with respect to fishing opportunities, as determined by the Department in regulation. 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. 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. 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. 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. An individual covered under a license exemption under subsection (a) or (b) of this section may: Engage in angling on the nontidal waters of the State without holding an angler’s license under § 4–604 of this title; Engage in angling for trout on the nontidal waters of the State without holding a trout stamp under § 4–614 of this title; and 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. An angler’s license is not required of the following: 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 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: 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 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. The Department may adopt regulations to carry out this section.

The Secretary may adopt rules and regulations to restrict, permit, or prohibit the catching, possessing, purchasing, transporting, or exporting of snapping turtles.

The Department shall adopt regulations defining which species may be harvested, imported, transported, sold, or used as bait in the State.

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. 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. 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. The following are grounds for an immediate suspension of a license issued under this title: Knowingly making a false statement in an application; Three convictions for violations occurring on separate days within any 3–year period of provisions under this title; Failure to submit a report required under this title or by regulation; or 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. 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. 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. 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. 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: Hold a hearing after providing at least 10 days’ notice to the licensee; and Conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The Department may suspend a recreational license issued under this title without a hearing if: The licensee does not submit a written request for a hearing; or The licensee fails to appear for a scheduled hearing for which the Department provided notice.

The authority provided by this section is in addition to any other authority of the Secretary provided by law. 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: Recreational fishing gear; and The following types of commercial fishing gear: Fish pots; Bank traps; Fyke nets; Hoop nets; Finfish trotlines; and Bowfishing gear. The Department shall consider relevant biological, ecological, and socioeconomic factors before adopting regulations under this subsection.

The Department shall develop a mobile application for use by an individual while on the waters of the State. 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: Aquaculture leases; Demonstration leases; Registered pound net sites; Natural oyster bars; Oyster sanctuaries; Public shellfish fishery areas; SAV Protection Zones; Yates bars; or Any other areas that the Department deems relevant. The Department may contract with a third party to develop the mobile application required under this section.