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. Except as provided in §§ 4–701.1 and 4–701.2 of this subtitle, the Department shall utilize a single, commercial license, to be known and designated as a tidal fish license. A tidal fish license authorizes a licensee: To engage in each activity indicated on the license; and For catching blue crabs, to utilize the number of crew members authorized under § 4–814 of this title. Except for a person receiving a license as a beneficiary of a deceased licensee under subsection (k)(4)(i) of this section, the Department may not issue a tidal fish license to an individual who is younger than 14 years of age. A person may not guide fishing parties or catch, sell, buy, process, transport, export, or otherwise deal in fish caught in tidal waters unless licensed under this section. The license year for every tidal fish license shall be 12 months from September 1 through August 31 of the following year. A licensee and crew members may engage only in those activities for which the annual fees for that license year have been paid. The Department may issue no more than one authorization to a person to engage in each activity under paragraph (2)(ii)1 and 2 of this subsection during a license year. On a tidal fish license, the Department may issue an authorization for any of the following activities for which the indicated fee has been paid. The following annual fees for an authorization shall apply regardless of when the license is issued or an activity is authorized: To provide services as: A fishing guide in the tidal waters of Maryland – $100 for a resident and $200 for a nonresident; and A master fishing guide, in addition to the fee under item A of this item – $100 per vessel; To catch for sale fish with equipment which is legal under this title: Finfish: Hook and line only, anywhere – $100; and II.    All other equipment – $150; Blue crabs: Up to 50 pots, trotlines, nets, dip nets, traps, pounds, and scrapes – $100; and II.    Over 50 pots, plus any other gear listed in item I of this item – $150; Clams – $100; Oysters – $250 for a dredge boat and $100 for other than a dredge boat; Conch, turtles, lobster, and all crabs of the genus Cancer – $100; and For all activities in item 1A of this subparagraph and in items A through E of this item, unlimited tidal fish – $300; For one or two crew members employed under § 4–814 of this title to enable a licensee to catch blue crabs under item 2BII and F of this subparagraph with more than 300 pots, the licensee shall pay an additional: $100 for up to 600 pots total per vessel; or $150 for up to 900 pots total per vessel; For a person to buy, process, pack, resell, market or otherwise deal in fish caught in the tidal waters of Maryland, seafood dealer: $50 for a person licensed under item 2 of this subparagraph or § 4–701.1 or § 4–701.2 of this subtitle; or $250 for a person not licensed under item 2 of this subparagraph; and For a person who is not licensed under this section to land fish caught in out–of–state tidal waters, seafood landing – $350. Before catching fish for sale under an authorization issued under subsection (d)(2)(ii)2 of this section, a tidal fish licensee shall obtain a harvester registration from the Department. The annual fee for a harvester registration is $215. A harvester registration is nontransferable. 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: To catch for sale: Striped bass: $200 for a licensee authorized under subsection (d)(2)(ii)2A of this section; or $150 for a licensee authorized under subsection (d)(2)(ii)2F of this section; Yellow perch: $25; Horseshoe crab: $25; Black sea bass: $25; Summer flounder: $25; or Snapping turtle: $25. The Department may establish by regulation a permit and an annual permit fee not exceeding $25 for any species not subject to a permit under this subsection. A person may not catch oysters for sale without: Possessing a valid license under this section; Paying an annual surcharge of $300; and Certifying to the Department that the person received the publications required under § 4–1006.2 of this title. The Department shall use the surcharges collected under this paragraph only for oyster repletion activities. In addition to the normal license fees imposed under subsection (d)(2)(ii)2 and 4 of this section, a licensee shall pay to the Department an annual surcharge in the following amounts to be credited to the Seafood and Aquaculture Products Marketing Fund established under § 10–1002 of the Agriculture Article: To fund only the marketing of wild–caught seafood, $20 for a licensee authorized under subsection (d)(2)(ii)1, 2, 3, or 5 of this section, if the licensee is not also authorized under subsection (d)(2)(ii)4 of this section; or To fund only the marketing of wild–caught seafood and aquaculture products, $50 for a licensee authorized under subsection (d)(2)(ii)4 of this section, regardless of whether the licensee is also authorized under subsection (d)(2)(ii)1, 2, 3, or 5 of this section. In this paragraph, “fishing activities” means those activities that are directly related to catching fish. “Fishing activities” does not include the activities of buying, selling, processing, transporting, exporting, or similarly dealing in fish. For every nonresident license issued under this subtitle and Subtitles 8 and 9 of this title, except under subsection (d)(2)(ii)1A of this section, the Department shall assess an annual surcharge in addition to the normal license fees imposed by this subsection, which shall be the greater of: An amount equal to the difference between the total fees charged to a Maryland resident engaged in like fishing activities in the state of residence of the nonresident applicant and the total of normal license fees for fishing activities in Maryland; or $450. 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: Fish tags issued to the licensee; and The use by a licensee of a hailing system. The Department shall accept applications for new authorizations to participate in fishing activities under subsection (d)(2)(ii)1 or 2 of this section from qualified persons and maintain a waiting list of candidates for each fishing activity in order of the date and time that applications are received. An applicant for a license to provide services as a commercial fishing guide in tidal waters of the State shall supply as part of the application verifiable references to any federal license that is issued by the U.S. Coast Guard to operate a vessel carrying passengers for hire in the applicant’s name, as a condition precedent to engaging as a commercial fishing guide in tidal waters. The Department may set by regulation targets for the number of tidal fish license authorizations under subsection (d)(2)(ii) of this section to be the number issued between September 1, 1998, and March 31, 1999. The Department may modify by regulation the target number of authorizations based on: Recommendations of the Tidal Fisheries Advisory Commission; Recommendations of fishery management plans adopted by the Department, the Chesapeake Bay Program, the Atlantic States Marine Fisheries Commission, the Mid–Atlantic Fisheries Management Council, or any other appropriate management body; The number of people historically participating; Target species, size, number, weight, incidental catch, total biomass, annual harvest, mortality rates, and other factors which are necessary and appropriate; and The number of authorizations relinquished to the Department under subsection (m) of this section. The Department shall by regulation limit the total number of commercial authorizations to fish for striped bass not to exceed 1,231 participants in the commercial fishery and 499 participants in the charter boat fishery. The Department shall provide in its regulations for reallocation of any authorizations that may be revoked or voluntarily relinquished to the Department. The Department shall provide in its regulations for the allocation of any available quota on a monthly basis to ensure that all areas of the State have ample opportunity to attain an equitable portion of the available quota. A license or authorization may be transferred only under the provisions of this subsection. A person who desires to obtain a license or authorization by transfer under this subsection shall, for each license or authorization applied for: Pay a $50 application fee; and Submit a completed application to the Department. The Department shall review and may approve the permanent transfer of a license or an authorization to a person who is the licensee’s spouse, daughter, son, stepchild, grandchild, stepgrandchild, parent, sister, brother, grandparent, aunt, uncle, niece, nephew, father–in–law, mother–in–law, son–in–law, daughter–in–law, sister–in–law, or brother–in–law. On the death of a licensee, the Department shall review and may approve the permanent transfer of a license or authorization to the person indicated on the beneficiary form submitted by the deceased licensee. The personal representative of the estate of the deceased licensee may retain the license or authorization for 2 years from the date of appointment as personal representative if: The deceased licensee did not indicate a license beneficiary; The Department determines that the license beneficiary is not qualified to receive the license or authorization; or The license beneficiary does not accept the license or authorization. On appointment, the personal representative shall notify the Department of the appointment and the intent to retain the license or authorization. A license or authorization retained under this paragraph may be renewed annually as required by this title. Before the end of the 2–year period, the personal representative may submit a completed transfer application to transfer the license or authorization to a qualified individual. If a license or authorization is not transferred under subparagraph (i) of this paragraph, and a transfer application is not submitted under subparagraph (ii) of this paragraph, the license or authorization is void. A person may not operate under the license or authorization of the deceased licensee without approval of the application by the Department. Twice per license year, the Department may approve a temporary transfer of a license or authorization for not more than the remainder of the license year. A temporary transferee who is convicted or receives an accepted plea of nolo contendere for a violation of federal or State fisheries law that results in a license suspension or revocation may not engage in that fishing activity or receive a transfer of a tidal fish license during the period of suspension or revocation. The Department may approve the permanent transfer of a license or authorization under this subsection from a person who has held a valid tidal fish license for at least 2 years to a person who provides a notarized bill of sale for the license or authorization being transferred. Except for a fishing guide licensee or a master fishing guide licensee, a licensee may allow one individual to use the licensee’s commercial fishing vessel to engage in activities authorized under the license if: The licensee’s commercial fishing vessel number is registered on the license; and The licensee has identified the assigned individual to the Department on a form provided by the Department. A licensee may change the assignment once per license year. If a licensee allows an individual to utilize a vessel under this paragraph, the individual and the licensee shall be held responsible for any violations committed by the individual using the vessel. Notwithstanding the qualification criteria for a license and authorization to engage in an activity under this section, licensees may renew a harvester registration and any valid existing authorizations on their licenses annually. Application to renew a tidal fish license shall be made not later than August 31, or the next business day in the instance that the Department is not open, for the following license year. The Department may not accept application for renewal after that date, as stated in subparagraph (i) of this paragraph unless: Application is made by March 31, or the next business day in the instance that the Department is not open, of the following license year; The applicant shows good cause why application was not made by August 31 of the previous license year; and A late fee of $50 is paid by the applicant in addition to the license fee. A licensee who possesses an unlimited tidal fish license under subsection (d)(2)(ii)2F of this section may relinquish the unlimited tidal fish license and receive one or more authorizations under subsection (d)(2)(ii)1A through E of this section. If the fee for an unlimited tidal fish license is less than the total of the fees for authorizations received by a licensee under subparagraph (i) of this paragraph, the licensee shall pay to the Department an amount equal to the difference between the fee for the unlimited tidal fish license and the total of the fees for the authorizations received. The Department shall adjust the number of authorizations under subsection (d)(2)(ii) of this section to reflect the number of license conversions under paragraph (1) of this subsection. In addition to any other penalty provided in this title, the Department may suspend or revoke a person’s entitlement to engage in a particular activity or activities under a tidal fish license. During a period of suspension or revocation imposed by the Department, the person penalized is not and shall not be authorized under any existing, renewed, transferred, or new tidal fish license to engage in the particular activity or activities for which the suspension is imposed. The following are grounds for suspension or revocation of a tidal fish license: Making any false statement in an application for a tidal fish license; A serious violation of a State or federal commercial fisheries law that results in a conviction or an accepted plea of nolo contendere; Failure to submit reports required by the provisions of this title or by the Department pursuant to provisions of this title; or Failure for a nonresident of the State to appear in court pursuant to a citation issued by a Natural Resources police officer, or to any other process issued by any court of Maryland, for violation of this title. A penalty imposed in accordance with this subtitle shall be in addition to any other penalty authorized under § 4–1201 of this title regarding striped bass. The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations relating to the suspension and revocation of licenses and authorizations issued under this title, including: A schedule of points assigned to various offenses under this title; A schedule of the maximum number of days that a license may be suspended according to the number of points accumulated; Suspension or revocation of a license or authorization for a serious violation of a State or federal commercial fisheries law that results in an individual receiving a conviction or an accepted plea of nolo contendere; Enhanced penalties for repeated violations of this title; and Enhanced penalties for violations of provisions of this title that regulate species deemed by the Department to be in need of special protection, including striped bass, crabs, oysters, and menhaden. Before the suspension or revocation of a tidal fish license under this section, the Department shall notify the licensee in writing of the licensee’s right to a hearing on request. 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 commercial 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. If a person is engaged in an activity for which a license or authorization is required under this section, the person shall possess: Any required license, authorization, registration, or permit; and For a person to whom a license or authorization has been temporarily transferred, documentation indicating the Department’s approval of the temporary transfer application. This paragraph does not limit the Department’s authority to inspect books, statements, and accounts under § 4–206(b) of this title. The licensee or any person to whom a licensee has transferred a license under subsection (k) of this section shall allow any police officer, at reasonable times, including when the licensee or person is engaged in an activity that requires a license under this section, to inspect: The license, authorization, or permit; Any applicable application to transfer the commercial tidal fish license approved by the Department for a temporary transfer; Commercial fishing vessels; Vehicles used to transport fish for commercial purposes; and Fish businesses owned or operated by a person licensed under this section. Inspections of vessels, vehicles, and businesses authorized under this paragraph shall be restricted to inspections of fishing gear and places where fish may be stored. Inspections of businesses authorized under this paragraph may be conducted in any building other than a dwelling house. An inspector may seize fishing gear or fish found during an inspection under this subsection that is used or possessed in connection with a violation of this title or a regulation adopted under this title. Fishing gear seized under this paragraph shall be held by the Department pending disposition of court proceedings, and on conviction the property seized or proceeds from the seizure shall be forfeited to the State for destruction or disposition as the Department may deem appropriate. The Department may dispose of fish seized under this paragraph at its discretion. 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: Deposit to the credit of the Fisheries Research and Development Fund all fees received for tidal fish licenses, authorizations, and permits under this section; and Use the funds received from the sale of striped bass surcharges for striped bass management and enforcement purposes. This subsection applies only to a person who, on April 1, 1997: Held a valid fishing guide license; and Either: Owned two or more vessels used to carry passengers for fishing; Owned or operated a federally licensed vessel of 50 tons or more that was used to carry passengers for fishing; or Owned or operated a marina from which 10 or more vessels operate to carry passengers for fishing. A person who meets the requirements of paragraph (1) of this subsection may obtain an annual master fishing guide license by: Filing an application on a form provided by the Department; Supplying with the application proofs of ownership of the required vessels; and Paying the master fishing guide license fee set forth in subsection (d)(2)(ii)1 of this section. A person holding a master fishing guide license may: Employ other persons to guide fishing parties on vessels owned by the master fishing guide; and Allow a person who holds a valid Coast Guard license to operate a vessel to carry passengers for fishing from the marina owned or operated by the master guide license holder authorized under paragraph (1)(ii)3 of this subsection as follows: One person for 10 vessels; Two persons for 11 to 20 vessels; Three persons for 21 to 30 vessels; Four persons for 31 to 40 vessels; Five persons for 41 to 50 vessels; and Six persons for 51 or more vessels. The Department shall issue a number of copies of the master fishing guide license corresponding to the number of vessels owned or operated by the master fishing guide, with each copy bearing the registration number of one of the vessels. The master fishing guide shall ensure that when a vessel is operated, the appropriate copy of the license is on board. If a master fishing guide employs another person to operate a vessel to carry passengers for fishing, for purposes of the license suspension criteria in subsection (n) of this section, the master fishing guide shall be held responsible for any violations committed by the person employed to operate the vessel.

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: A bow and arrow attached to a retrieval line; or Hook and line. 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. The license authorizes the holder to catch for sale blue and flathead catfish in the tidal waters of the State using a finfish trotline, as defined in Department regulations. A licensee shall fish in accordance with Department regulations. 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: A person who buys finfish, crabs, or shellfish for personal use or consumption; A person who buys for resale finfish or shellfish species defined as bait under subsection (c) of this section; and A person who buys finfish, crabs, or shellfish from a person with a seafood dealer authorization under § 4–701 of this subtitle. Any person not otherwise licensed under § 4–701(d)(2)(ii)2 of this subtitle that harvests and sells finfish or shellfish species defined as bait under paragraph (3) of this subsection shall obtain a bait harvester permit from the Department. The annual fee for a bait harvester permit is $25. The Department shall adopt regulations defining which species of finfish and shellfish may be caught and sold as bait in accordance with a bait harvester permit issued under this subsection. 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 person may not catch striped bass for sale unless the person has purchased a valid license to catch striped bass from the Department under § 4-701 of this subtitle.

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: Commit a separate violation of this title related to the suspended or revoked license or authorization while the person’s license or authorization to fish or deal in fish under § 4–701 of this subtitle is suspended or revoked; or Engage in an activity for which a license or an authorization is required under § 4–701 of this subtitle without holding that license or authorization. A person may not set any net during the time his commercial net fishing license is suspended or revoked.

A person may not catch finfish for any purpose in the tidal waters of the State by use of any purse net, beam trawl, otter trawl, trammel net, troll net, or drag net. A person may use a gig or gig iron to catch finfish only for recreational purposes in the tidal waters of the State. Any person who violates this section by catching fish with any of the equipment or devices referred to in this subsection, with the exception of a gig or gig iron, is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court. Any person who illegally catches fish with a gig or gig iron is subject to the penalties provided by this title. 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: Setting seasons when otter trawl or beam trawl fishing is permitted; and Enumerating the species of fish which may be taken. A person may not fish with any net whose size of stretched mesh, allowing a reasonable tolerance for shrinkage, is less than the following: pound net, 1 1/2 inches; haul seine, 1 1/2 inches; gill net, 2 1/2 inches; fyke or hoop net, 1 1/2 inches. Any hedging or lead attached to a fish trap, fyke net, or pound net shall be constructed of materials which have meshes having a twine size of #12 or larger. In the Chesapeake Bay and its tributaries, a person may not set or fish any gill net whose size of stretched mesh is more than 6 inches. This subsection does not apply to catching eels with a net. Except as provided in subparagraph (ii) of this paragraph, a person may not use a monofilament gill net to catch fish. The Department may adopt regulations to authorize the use of a monofilament gill net to catch fish. A person may use a monofilament cast net or a monofilament throw net to catch baitfish in any tidal water of the Chesapeake Bay or its tributaries. In casting a monofilament net as provided under paragraph (2) of this subsection, a person: May not use a cast net that has a radius greater than 10 feet; and May cast a cast net only by hand. 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. This subsection applies only to waters more than 50 feet in depth in the Chesapeake Bay south of the William Preston Lane, Jr., Memorial Bridge and is not applicable to any Chesapeake Bay tributaries. This provision does not apply to any designated anchorage in existence on July 1, 1975. The Department has the authority to permit exceptions to this section by regulations when it can be shown that the obstruction will not interfere with a usable fishing reach. Except when using finfish trotline or in State waters in the Atlantic Ocean, a tidal fish licensee may not use more than 2 hooks or 2 sets of hooks for each rod or line. For the purposes of this subsection, artificial lures or plugs with multiple or gang hooks are considered 1 set of hooks.

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: In Chesapeake Bay, south of a line from Sandy Point to Love Point and in the Choptank River from the mouth of the Choptank River to a line drawn from Drum Point to Kate Point –– 1500 feet. In Chesapeake Bay, north of a line from Sandy Point to Love Point and south of line from the northernmost point of Poole’s Island to Worton’s Point –– 1200 feet. In Chesapeake Bay, north of a line from the northernmost point of Poole’s Island to Worton’s Point –– 1000 feet. In the tributaries of the Chesapeake Bay except as provided, and in the Potomac River –– 1200 feet. In Chincoteague, Sinepuxent, Isle of Wight, and Assawoman Bays, and their tributaries, and in the Atlantic Ocean within 3 miles of the Maryland shore –– 1500 feet. In Honga River, south of a line drawn from Hickory Point on Middle Hoopers Island to Windmill Point on Aisquith Island –– 1500 feet. In Hoopers Straits –– 1500 feet. In Fishing Bay, south of a line from Point No Point to Department Triangulation Station Cler at southerly side of Gray’s Island –– 1650 feet. In the Nanticoke River, south of a line from the southeasterly most point of entrance into Jack’s Creek in Dorchester County to Triangulation Station Earle in Wicomico County –– 1650 feet. 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. Every licensee shall: Maintain the licensee’s stakes in good condition; and Promptly remove and renew any stake that may be unsound, broken, or liable to go adrift. A licensee may not permit or allow to remain in the water: Any pound net stake for a period greater than 30 days following the removal of the net from each stake; Any pound net or stake for a period greater than 30 days following the discontinuance of fishing of the net; or Any pound net or stake between January 1 and January 31 of any year unless the owner of the pound net or stake notifies the Department by certified mail, return receipt requested, that the net is being actively fished. A licensee who fails to comply with the provisions of this subsection is guilty of a misdemeanor and upon conviction is subject to a fine of at least $200 and not exceeding $1,000 with costs imposed in the discretion of the court. For a licensee who is convicted twice within 2 years of violating paragraph (1) of this subsection, the Department may suspend the licensee’s striped bass authorization in the following year. 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: Notice from the licensee that the pound net will be set and actively fished; and A pound net activity registration fee of $20. The Department may adopt regulations on the placement of pound or stake nets, including a limit on the number of locations of pound nets that may be assigned to a licensee. In the regulations adopted under paragraph (1) of this subsection, the Department may impose a limit of up to eight locations of pound nets that may be assigned to a licensee.

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. The notice provisions of this section do not apply in the waters of Baltimore, Caroline, Charles, Dorchester, Prince George’s, St. Mary’s, and Talbot counties where the permission of the shore owner always shall be necessary. The provisions of this section do not apply to Anne Arundel, Calvert, Cecil, Queen Anne’s, Kent, and Somerset counties.

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 paragraphs (2) through (4) of this subsection, a person may not fish with a haul seine during the period from 12:01 a.m. Saturday until sunrise on Monday in the tidal waters of the State. In Baltimore County and Harford County, on prior notification to the Department a person may catch carp during the period from 12:01 a.m. Saturday until sunrise on Monday, except in areas where it is prohibited by the Department. Except in areas where it is prohibited by the Department, a person may set a haul seine at a distance greater than one–third the distance across a river, creek, cove, or inlet in any of the tributary waters of Baltimore County or Harford County only to catch carp and catfish, notwithstanding any other provision of this subtitle regarding the distance across which a haul seine may be set. A person may not set the haul seine to impede or obstruct navigation or block in any way the main channel of the river, creek, cove, or inlet. Any person who catches fish of a variety other than carp or catfish in any haul seine shall return them immediately to the water unharmed. A person always shall attend a haul seine for catching carp or catfish. Any person whose haul seine is found more than one–third the distance across the waters where it is set without a person in attendance is guilty of violating this subsection. The Department, by regulation: Shall establish procedures for the prior notification required under subparagraph (i) of this paragraph; and May prohibit fishing for carp and catfish in certain areas as provided in subparagraph (ii) of this paragraph. In Kent County, on prior notification to the Department, a person may catch gizzard shad, also known as mud shad, carp, or catfish, with a haul seine during the period from 12:01 a.m. Saturday until sunrise on Monday. The Department, by regulation, shall establish procedures for the prior notification required under subparagraph (i) of this paragraph. If a haul seine is set on a Friday, a person may empty that haul seine during the period from 12:01 a.m. on the following Saturday until sunrise on the following Monday if the person provides the Natural Resources Police with: A notification before 11:59 p.m. on Friday that the person will be emptying the haul seine between 12:01 a.m. on the following Saturday and sunrise the following Monday; The location of the haul seine that will be emptied; and Contact information for the tidal fish licensee who is responsible for the haul seine.

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. A person may not catch fish by any means in the headwaters of the Magothy River beginning at the base of Lake Waterford Dam and extending for a distance of 3300 feet downstream during February, March, and April. Except as provided in subsection (f) of this section, a person may fish only with a rod, or hook and line, in the waters of the Little Magothy River and its tributaries and in the Magothy River and its tributaries lying westerly of the mouth of the Magothy River and inside a line drawn 214 degrees true from extreme end of Mountain Point to Persimmon Point, referring to the last edition of the Coast and Geodetic Survey Chart No. 566. Except as provided in subsection (f) of this section, a person may fish only with a rod, or hook and line, in the waters of Bodkin Creek and tributaries lying westerly and inside of a line drawn 340 degrees true from extreme end of Cedar Point to Old Landen Point, referring to the latest edition of the Coast and Geodetic Survey Chart No. 549. In the waters of the Magothy, Little Magothy Rivers, and Bodkin Creek and their tributaries, a person may use an eel pot or minnow trap which does not exceed 30 inches in length, 11 inches in width and 11 inches in height. During February, March, and April, a person may use a “D” bow frame net with handle attached which does not exceed 36 inches in width or 36 inches in height in the waters of the Magothy and Little Magothy Rivers and Bodkin Creek. However, a person may not use a “D” bow frame net as a stationary or set net in the bodies of water named in this subsection. During February, March, and April, a person may not catch fish by any means in the waters of the Severn River or Severn Run from the dividing line between tidal and nontidal waters to a point 2400 feet downstream. Except as provided in subsection (f) of this section, a person may fish only with a rod, or hook and line, in the waters of the Severn River or any creek, cove, tributary, or inlet of the Severn River. A line drawn from the extreme projection of Greenberry Point into the Chesapeake Bay to the extreme point of Horn Point, marks the mouth of the Severn River for the purpose of this title. A person may not set a pound net or other similar device at any time in the waters of South River, or any creek, cove, or inlet of the South River above Saunders Point on the south side and Marsh Point on the north. A person may not set any net at any time except a gill net or a haul seine in any creek, cove, tributary, or inlet of the South River. A person may not set any net or equipment during February, March, and April in the headwaters of South River from a line drawn from Howards Point on the west side of the river to Brier Bottom on the east side, and in the headwaters of Beards Creek and in the headwaters of any of the creeks of South River for a distance of 1200 feet from its headwaters. A person may not set a haul seine exceeding 50 feet in length in the following waters: Herring Bay from a line drawn from the extreme projection of Parker’s Island Point into the Chesapeake Bay to the extreme point of Holland Point; South River, Rhode River, and West River; From a line drawn from the extreme projection from Thomas Point into the Chesapeake Bay to the extreme point of Curtis Point; Within the headlands of Whitehall Creek; and Within the headlands of Meredith Creek and Lake Ogleton. Any person who violates this subsection is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $2,500 with costs imposed in the discretion of the court. 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: Back River, except in the portion lying west of a line drawn from Stansbury’s Point on the south shore to Walnut Point on the north shore; Bird River and its tributaries lying within Baltimore County; Dark Head Creek, except in the portion lying north of a line drawn from Clark Point on the west shore directly across the creek to Sharp Point on Bull Neck Shore; Frog Mortar Creek, except in the portion lying northerly of a line drawn from Strawberry Point on the west shore to Weiskettle’s Landing on the east shore; Gunpowder River and its tributaries lying within Baltimore County; Hogpen Creek, except in the portion lying southwest of natural headlands marking entrance into the creek; Middle River, except in the portion lying west of a line drawn from Clark Point, also known as Maryland Yacht Club Point, on the north shore to the point of shore directly south of Clark Point; Norman Creek, except in the portion lying west of a line drawn from Cape May Beach on the south shore to Barren Point on the north shore; Seneca Creek, except in the portion lying northwest of a line drawn from Gun Point on the north shore directly south to Blackberry or Flying Point on the south shore; Seneca River; Saltpeter Creek; Dundee Creek and in the waters of their tributaries; Stansbury’s Creek, except in the portion lying northwest of a line drawn from Wilson Point on south shore to Strawberry Point on north shore; and Sue Creek, except in the portion lying west of a line drawn from the northeasternmost point of Sue’s Island to extremity of Rockaway Beach Road at the southern tip of Turkey Point. 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. Except as provided in paragraph (2) of this subsection, a person may not fish in the waters of Gunpowder River lying in Baltimore County, with nets, from May 15 to September 15, both dates inclusive. Except in areas where it is prohibited by the Department, in the waters of the Gunpowder River lying in Baltimore County or Harford County, on prior notification to the Department a person may catch carp 6 weeks before and during Passover in each year and 4 weeks before and during Rosh Hashanah through Yom Kippur in each year. If a person catches any fish variety other than carp under this paragraph, the person shall return them immediately to the water unharmed. The Department, by regulation: Shall establish procedures for the prior notification required under subparagraph (i) of this paragraph; and May prohibit fishing for carp and catfish in certain areas as provided in subparagraph (i) of this paragraph. 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 place pound nets to catch fish for commercial use in the waters of the Susquehanna River in Cecil County.

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 use a haul seine in the water area west of a line from Locust Point to the pumping station at Perry Point. This section does not prohibit catching fish for conservation or scientific purposes under the supervision of the Department, or prohibit catching carp. If 25 or more rockfish are found in a seine or net, there is a violation of this section, and the exception stated does not apply. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction is subject to a fine of at least $100 and not more than $1,000 with costs imposed in the discretion of the court.

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 fish a pound net in any part of the Gunpowder and Bush rivers lying in Harford County further than 1,500 feet from the shoreline of the Gunpowder River below Maxwell Point at mean low water tide and 750 feet from the shoreline of the Bush River at mean low water tide. Except within the boundaries of the Aberdeen Proving Grounds, a person may not set a fyke net in the Bush River within 300 feet of another fyke net or 750 feet of a pound net, measured at right angles to existing nets or line of nets for enforcement purposes. An owner, tenant, or lessee of the riparian rights of any property bordering the Bush River may maintain a single fyke net that is closer than 300 feet to another fyke net or pound net set in front of an adjacent property. A person may not use a pound net or stake net in the waters of the Susquehanna River. A person may not set or maintain a commercial drift gill net, stake gill net, or anchor gill net so that any portion of the net is closer than 500 feet from any portion of any other commercial drift gill net, stake gill net, or anchor gill net in the designated striped bass spawning area of the Susquehanna River north of Concord Point and Stump Point. South of the line outlined, in paragraph (1) of this subsection, to Bears Point and Turkey Point, a person may set a commercial drift gill net only as provided in paragraph (1) of this subsection and may set and maintain a stake gill net or anchor gill net only as provided in paragraph (1) of this subsection.

A person may set a pound net in the waters of Sassafras River and its tributaries lying in Kent County from Luke’s Point to the head of this river from August 1 to May 31 following, both dates inclusive. A pound net may not be set so as to obstruct the haul of any seine on any established fishing shore on these waters, unless set by the owners of the fishing shore.

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.

A person may not drag or set any haul seine to catch fish in the waters of Monie Bay and its tributaries easterly of a straight line drawn from Long Point to Wingate Point in Somerset County.

In the waters of Talbot County, a person may set only the following types of nets in the areas and during the times prescribed: 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.

In this subsection, “connected line of nets” means a series of connected nets set in single file. Except as otherwise provided in this title, a person may not set: A fish pot, fyke net, or connected line of fyke nets within 500 feet in any direction of any other net or connected line of nets; A fyke net or connected line of fyke nets that exceeds 1,500 feet in length, including the net’s leaders, hedges, or wings; or A fish pot, fyke net, or connected line of fyke nets at a distance greater than one–fourth the distance across the bay, measured from the low water mark. In the waters in the part of the Chesapeake Bay which lies between a straight line drawn from Drum Point Lighthouse in Calvert County to Hog Point in St. Mary’s County, and a straight line drawn from Cove Point Lighthouse in Calvert County to Cedar Point Lighthouse in St. Mary’s County, a person may not set any kind of net: Nearer than 500 yards in every direction from any other net; Of a total length of more than 550 yards including the net’s leaders, hedges, or wings; or At a greater distance than one–fourth the distance across these waters measured from the low water mark on either side. 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: Beginning at Concord Point and running in a northeasterly direction, crossing Susquehanna River to Stump Point, then to Carpenter’s Point, then to Turkey Point, then to Grove Point, all in Cecil County, then to Howell Point, Kent County, continuing in a straight line from Howell Point in a southwesterly direction across the bay to Abbey Point, the northernmost point at the entrance of Bush River, then northerly by a line following the bay shore of Harford County to Mulberry Point, then to Bear Point, Sandy Point, and to Locust Point on Spesutie Island, then to the southernmost point at the entrance of Swan Creek, and then crossing Swan Creek and continuing in a northerly direction following the bay shore to Concord Point, the place of beginning. A person may not set an anchored gill net in the area of Chesapeake Bay bounded on the north by a line drawn from Turkey Point on the eastern shore to Sandy Point in Harford County, and on the south by a line drawn from Abbey Point to channel buoy Number 29, following the channel northward to buoy Number 1, off Grove Point, thence to Grove Point. This paragraph does not apply to the commercial fishing area within the Aberdeen Proving Grounds as specified by the Proving Ground. A person may not set or fish with any gill net within 1,200 feet of any pier that supports either span of the William Preston Lane, Jr. Memorial Bridge between May 1 and October 31, inclusive. A person may not set or fish with any gill net in the Chesapeake Bay, excluding its tributaries, south of a line drawn from Howell Point to Taylor Island Point in the upper bay to a line drawn from Kent Point to Curtis Point in the mouth of West River between June 1 and October 31, inclusive.

A person may not set a haul seine of any description in the waters of the Choptank River and its tributaries from May 21 to July 31, both dates inclusive.

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.

Except as provided in paragraph (2) of this subsection, a person may not sell, offer for sale, or transport across a boundary of the State any striped bass, commonly known as rockfish, caught from the State waters of the Chesapeake Bay and its tributaries unless the person possesses one of the following: A valid commercial fishing license issued in his name; A dated bill of sale signed by the licensed commercial fisherman who caught the fish; or A dated bill of sale signed by a dealer or wholesaler from whom the fish were purchased. However, a nonresident of the State who has caught striped bass from State waters by hook and line may transport across a boundary of the State not more than 100 pounds of striped bass on any day for any purpose other than sale. 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.

The Department may restrict or prohibit by rule or regulation catching fish in areas where striped bass spawn during the spawning season of striped bass.

A person may not possess aboard any boat on the tidal waters of the State more than 15 pounds of any fish for which a size or weight limit is prescribed by law, or rule or regulation in a condition that the size or weight of the fish cannot be determined.

A person may not sell, offer to buy or sell, or possess any of the following fish: Bass, largemouth or smallmouth less than 15 inches from March 1 through June 15, and less than 12 inches from June 16 through the end of February; Pike less than 14 inches; and Taylor less than 8 inches. 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. A person may not catch eels for sale with pots or other devices in the tidal waters of the State without first obtaining a tidal fish license to catch finfish for commercial purposes from the Department. A licensee who is authorized to catch blue crabs under this subtitle may use up to 50 pots to catch eels for personal use as crab trotline bait without obtaining an authorization to catch finfish. 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.

A person in charge of any boat or vessel catching or transporting shellfish commercially may not carry on board a domestic animal of any kind.

If the Department of the Environment determines by appropriate investigation that any area of waters of the State devoted to the production or storage of shellfish is polluted so that shellfish produced or stored in the area are a hazard to public health, it shall restrict the area for the catching or storing of shellfish. If the Department of the Environment finds it necessary to restrict an area of water for the taking and storing of shellfish because of the proximity of the area to the point of discharge of a sewage treatment plant or a point of overflow of a sewage pumping station, the Department of the Environment may increase or decrease the size of a restricted area in relation to the operational effectiveness of the sewage treatment plant or sewage pumping station. In determining whether to restrict, or lift any restrictions on, an area for the catching or storing of shellfish, the Department of the Environment shall use the most reliable available tests to: Determine whether a shellfish production area poses a risk to consumer health; and Rule out contaminants that do not pose a risk to consumer health, including bacteria from vegetation. The action of the Department of the Environment to restrict an area of water becomes effective immediately upon giving formal notice of the action to the Department. Notice also shall be given the appropriate governing body and the committee of oystermen of any county affected by the restriction. The Natural Resources Police Force shall patrol the area to warn watermen until public notice is given in newspapers of general circulation in each of the counties whose watermen work the restricted area normally. No arrests may be made until the next workday following the day the notice appeared unless the watermen fail to heed a warning of the officers. If the Department of the Environment closes any area to the catching of shellfish under this section, in addition to the notice required in paragraph (1) of this subsection, the Department of Natural Resources shall mark the area so that the area can be seen from the water. The Department of Natural Resources shall adopt rules and regulations to provide for the marking in a plain and visibly obvious fashion of any area that is closed to the catching of shellfish because of pollution. Even in the absence of such marking devices, a person may not catch shellfish in a restricted area as designated by the Department of the Environment if notice has been given to the appropriate governing body and the committee of watermen of any county affected by the restriction. After establishing a restriction, the Department of the Environment shall test the water in the restricted area or inspect the source of pollution of the water. A copy of the report of analysis of every test and inspection shall be filed promptly with the appropriate governing body of every county affected by the restriction. Updated charts of the Chesapeake Bay and its tributaries showing all polluted areas shall be filed promptly with the appropriate governing body and oystermen’s committee of every tidewater county. Copies of these charts shall be filed also with the Fisheries Administration and the Natural Resources Police. 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.

The Department shall issue a synopsis of laws covering pertinent information when issuing any commercial fishing license. A chart or adequate description of restricted waters shall be available at cost upon request.

Except as provided in subsections (c) and (d) of this section and § 4–217 of this title, a person may not fish for finfish in the Chesapeake Bay or in its tributaries up to tidal boundaries or in State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries without first obtaining a Chesapeake Bay and coastal sport fishing license or registration issued under subsection (d)(3) of this section and possessing the license or registration. The license may be obtained from the Department or from any authorized agent of the Department. Subject to paragraph (4) of this subsection, the following annual license fees shall apply: Resident………………………………………………………$15 Short–term resident license valid for 7 consecutive days from date of issue...........................................................................................................$6 For a short–term nonresident license valid for 7 consecutive days from date of issue.............................................................................$12 Nonresident………………………………………………$22.50 Resident and nonresident blind persons………………No fee Complimentary license under subsection (e) of this section......................................................................................................................No fee The Department shall implement a program to provide discounted Chesapeake Bay and coastal sport fishing licenses to Maryland residents who are recipients of the Purple Heart Award. Except as provided in subsection (d)(1) of this section, every Chesapeake Bay and coastal sport fishing license and registration shall be valid for 1 year following the date of issuance. An applicant for a license issued under this section: Shall provide all the information requested by the Department; and May not willfully make a false statement or representation to the Department on the application. The Department may designate a person engaged in a commercial enterprise to sell the Chesapeake Bay and coastal sport fishing license or issue a registration under subsection (d) of this section as an agent under the Department’s control and supervision. As compensation, the agent shall retain $1 for each license issued. There is no agent compensation for each registration issued. Except as provided in subparagraph (ii) of this paragraph, all fees collected on behalf of the Department pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit with the State Treasurer to the credit of the Fisheries Research and Development Fund to be used for the replenishment, protection, and conservation of fish stocks caught by recreational fishermen, for enhancement of recreational fishing opportunities, and for research concerning tidal fishery resources. The Department shall publicly report annually the amounts collected and the expenditures. In fiscal year 1999 and in each subsequent fiscal year, the Department, for the purposes set forth in subparagraph (iii) of this paragraph, shall use: $2 from the sale of each license under subsection (a) of this section; $20 from the sale of each license under subsection (d)(2) of this section; and $225 of the special charter boat license under subsection (d)(1) of this section. The Department shall use the money specified in subparagraph (ii) of this paragraph for: Achieving the maximum federal fund apportionments; Management assessment and sport fishing surveys; and Angler outreach and public fishing information. In the preparation of plans for the expenditure of license receipts, the Secretary annually shall solicit the advice and opinions of the Department’s Sport Fisheries Advisory Commission, representative fishing and boating associations, and other interested parties. In addition to any other penalty provided for in this title, an agent convicted of violating this section shall lose the agent’s privileges. 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: Is under the age of 16; Possesses a valid commercial license; Holds a valid tidal water sport fishing license issued by the Commonwealth of Virginia, Potomac River Fisheries Commission, or District of Columbia, provided that this exemption shall not take effect until the Secretary has published notice in the Maryland Register of the Secretary’s determination that the Virginia, Potomac River Fisheries Commission, or District of Columbia requirements for a tidal water sport fishing license are substantially similar to and reciprocal with the Chesapeake Bay and coastal sport fishing license requirements of this section; Is fishing pursuant to any special charter boat license issued under subsection (d)(1) of this section; Is a resident who is an active service member while on leave in the State, during the resident’s leave period, if, while fishing, the resident possesses a copy of the resident’s official leave order; Fishes on a free fishing day designated by the Secretary; Holds a current resident consolidated senior sport fishing license issued under § 4–216 of this title; Holds a current registration issued under subsection (d)(3) of this section; or Is fishing on a commercial fishing pier licensed under subsection (d)(4) of this section. The Department may provide by regulation for issuance of a special charter boat license that shall be effective for not more than 1 year and shall expire on August 31 and that would be valid for all individuals on a single vessel operated by a fishing guide licensed under § 4–210.1 of this title or § 4–701 of this subtitle or for all individuals on a vessel under the guidance of a fishing guide licensed under § 4–210 of this title in tidal waters of the State. The fee shall be: For 6 fishermen or less     $240. For 7 or more fishermen     $290. The Department may provide by regulation for issuance of an annual special Chesapeake Bay and coastal sport fishing license, which when permanently affixed to a boat registered in any state shall authorize any person on the boat to fish for finfish in the Chesapeake Bay or in its tributaries up to tidal boundaries or in State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries, except that such a license may not be used on a boat that has been hired to take such persons fishing. The annual fee for this special license shall be: For a resident applicant………..............………… $50. For a nonresident applicant………….................$100. If a boat owner purchases the special license under this paragraph, the boat owner may fish anywhere in the Chesapeake Bay and its tributaries or the State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries, whether the boat owner is fishing in the owner’s boat, in another person’s boat, on land, or elsewhere. The Department shall issue a complimentary Chesapeake Bay and coastal sport fishing license to the boat owner who purchases a special license under this paragraph. If a boat to which the special license is affixed has more than one owner, then only the individual applicant who signs the application for the special license shall be entitled to a complimentary Chesapeake Bay and coastal sport fishing license under this paragraph. An individual shall register with the Department before fishing in any of the following areas that do not require a Chesapeake Bay and coastal sport fishing license: A free fishing area established under § 4–214(b)(1) of this title with hook and line; On private real property bordering on tidal water as an owner or tenant of the property, or a spouse or an immediate family member who resides on the property with the owner or tenant; and On a boat licensed under paragraph (2) of this subsection. There is no fee for registration under this paragraph. An individual required to register under this paragraph shall provide all the information requested by the Department. The Department may provide by regulation for the issuance of a special commercial fishing pier license that is valid for all individuals fishing from the pier in tidal waters of the State. The annual fee for the special commercial fishing pier license shall be $290. Individuals fishing from a licensed commercial fishing pier are exempt from purchasing a Chesapeake Bay and coastal sport fishing license. The owner or operator of a licensed commercial fishing pier shall maintain a log of the contact information of the persons fishing from that structure each day. The logs required under subsubparagraph 1 of this subparagraph must be submitted electronically as prescribed or approved by the Department. In this subsection, “former prisoner of war” means a person who, while an active service member, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict. The Department may issue a lifetime complimentary Chesapeake Bay and coastal sport fishing license to any Maryland resident who certifies that the resident is: A former prisoner of war; An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or A 100% service connected disabled American veteran. The Department may issue a lifetime complimentary Chesapeake Bay and coastal sport fishing license to an out–of–state person: Who certifies that the person is: A former prisoner of war; An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or A 100% service connected disabled American veteran; and Whose state of residence extends similar privileges to former prisoners of war, American veterans who the U.S. Department of Veterans Affairs determines are unemployable, or 100% service connected disabled American veterans of this State. A complimentary Chesapeake Bay and coastal sport fishing license is not transferable. The Department may issue annually a complimentary Chesapeake Bay and coastal sport fishing license to the President of the United States, the governor of any state, and any official of the game and fish department of any other state. Not more than 20 complimentary Chesapeake Bay and coastal sport fishing licenses for each state other than Maryland shall be outstanding at any time. 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: Collect contact information and demographic data of individuals fishing under a consolidated Chesapeake Bay and coastal sport boat license issued under § 4–745(d)(2) of this subtitle; Collect information regarding the number of trips taken and fish caught and released under a consolidated Chesapeake Bay and coastal sport boat license; and Improve registration compliance with the free registration authorized under § 4–745(d)(3) of this subtitle. 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 conduct annually a scientific survey to determine the relative abundance of striped bass or rockfish of approximately 18 inches in length that are in the Chesapeake Bay and its tributaries. The survey shall be conducted in areas that are used by the Department to determine its young–of–the–year index of striped bass or rockfish.

In this section the following words have the meanings indicated. “Shark” means any species of the subclass Elasmobranchii. “Shark” does not include smooth–hounds, spiny dogfish, or species in the superorder Batoidea. “Shark fin” means the raw, dried, or otherwise processed detached fin or tail of a shark. Except as provided in paragraphs (2) and (3) of this subsection, a person may not possess, sell, offer for sale, trade, or distribute a shark fin. A person may possess a shark fin if: The person holds the appropriate State or federal license or permit authorizing the taking or landing of a shark for recreational or commercial purposes; The shark fin is taken from a shark that the person has taken or landed; and The shark fin is taken in a manner consistent with the person’s license. A museum, college, or university may possess a shark fin if the shark fin is used solely for display or research purposes. The Department shall adopt regulations to implement this section.