Title 4. Fish and Fisheries — Subtitle 7. Licensing, Regulation, and Supervision of Fishing and Fisheries in Tidal Waters

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.

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:

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:

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.

The Department shall:

There is a commercial northern snakehead or Chesapeake Channa license.

The license authorizes the holder to catch for sale northern snakeheads, commonly known as Chesapeake Channa, in the tidal waters of the State using:

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.

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.

The term of the license is 1 year from September 1 through August 31 of the following year.

The annual license fee is $15.

A licensee may not transfer a license issued under this section.

A licensee who fishes for northern snakehead or Chesapeake Channa under the license shall possess the license.

A licensee who fishes for northern snakehead under the license shall comply with all Department regulations governing the use of gear.

There is a commercial blue and flathead catfish finfish trotline license.

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.

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.

The term of the license is 1 year from September 1 through August 31 the following year.

The annual license fee is $15.

A licensee may not transfer a license issued under this section.

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.

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.

The following persons are not required to obtain a seafood dealer authorization under this section:

The Department shall adopt regulations to define the species that are included as shellfish under this section.

An applicant for a license to catch finfish shall furnish information the Department requires.

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.

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.

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.

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.

A person may not:

A person may not set any net during the time his commercial net fishing license is suspended or revoked.

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:

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.

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.

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.

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.

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.

Clear and unobstructed intervals of at least 200 feet shall be maintained between successive pound nets in the same row.

A person may not set a pound net in or upon the waters covering leased oyster ground without the permission of the lessee.

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.

A single line of stakes, including the pound or head and the leader or hedging, may not have a length greater than the following:

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.

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:

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.

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.

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.

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.

A person who fishes with haul seine equipment shall possess a tidal fish license to catch finfish.

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.

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.

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.

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.

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.

A person may not haul any seine in waters covering leased oyster ground unless the permission of the lessee is obtained.

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.

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.

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:

A person may not set a pound net or any similar device in the waters of Back River and its tributaries.

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.

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.

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.

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.

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.

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.

A person may not set a net of any description to catch fish in the Wicomico River proper above Woodland Point in Charles County.

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.

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.

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.

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.

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.

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.

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.

A person may not use a pound net or stake net in the waters of the Susquehanna River.

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.

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.

Any net at any time in the waters of the Chesapeake Bay bordering Talbot County;

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;

Gill nets and fyke nets at any time in any of the waters of Talbot County; and

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

A person may not sell, offer to buy or sell, or possess any of the following fish:

Measurement for each fish mentioned above shall be from the tip of the nose to the end of the tail.

The Department may set the size limits for white perch. However, the Department may not prohibit catching white perch more than 8 inches.

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.

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.

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.

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.

The Department is authorized to supervise, regulate, and control the harvest of black bass in the tidal waters of the State.

The Department shall adopt regulations concerning the fishing for black bass by area, gear, season, size, and catch limits.

The provisions of this section do not apply to catching, selling, purchasing, or possessing black sea bass.

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.

The Department shall adopt rules and regulations concerning commercial fishing for eels by area, gear, season, size, and reporting of catch.

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.

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.

The Department may not prohibit the use of turtle pots in areas where nets are prohibited.

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.

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.

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.

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.

Any person may possess or transport walleyed pike caught by rod, or hook and line, at any time during the year.

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.

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.

Each violation of this section constitutes a separate offense punishable as provided by the provisions of this title.

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.

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.

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:

Every person licensed under this section shall submit any report the Department requires in accordance with Department regulations.

In this section, “Pilot Program” means the Chesapeake Bay and Coastal Sport Fishing License Pilot Program.

There is a Chesapeake Bay and Coastal Sport Fishing License Pilot Program in the Department.

The purpose of the Pilot Program is to:

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.

The Department shall track on a monthly basis costs associated with implementing the Pilot Program.

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.

On or before January 1, 2023, the Department shall adopt regulations to carry out this section.

The Department shall adopt regulations to implement this section.