# COMAR Title 08 — Department of Natural Resources

## Subtitle 02 — Fisheries Service

### Chapter 18 — Fishing Guide Provisions

**Authority:** Natural Resources Article, §§4-206, 4-210, 4-210.1, 4-215, 4-701, and 4-745, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 2000 (26:24 Md. R. 1857)

**Administrative History:** Regulation .04C amended effective March 3, 2003 (30:4 Md. R. 315)

**Administrative History:** Chapter revised effective August 28, 2006 (33:17 Md. R. 1436)

**Administrative History:** Regulation .04C amended effective December 28, 2020 (47:26 Md. R. 1107)

**Administrative History:** Regulation .05B, D amended effective December 28, 2020 (47:26 Md. R. 1107)

**Administrative History:** Regulation .06A, C amended effective April 4, 2011 (38:7 Md. R. 429)

**Administrative History:** Regulation .06D, E amended effective December 28, 2020 (47:26 Md. R. 1107)

**Administrative History:** Regulation .06H amended effective February 22, 2010 (37:4 Md. R. 338)

#### Regulation .01 Scope.

*COMAR 08.02.18.01*

This chapter applies to an individual who is licensed in accordance with Natural Resources Article, §4-210 or 4-210.1, Annotated Code of Maryland, to accept direct or indirect consideration for providing services as a fishing guide to an individual fishing in the waters of the State. This chapter also applies to an individual under the guidance of the licensee.

#### Regulation .02 Definitions.

*COMAR 08.02.18.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Department of Natural Resources.

  (2) “Licensee” means an individual who holds a valid type NT, type NTT, or type L fishing guide license issued by the Department.

  (3) “Nonresident” means an individual who resides in a state other than Maryland on the date of application for or renewal of a fishing guide license.

  (4) Resident.

    (a) “Resident” means an individual who resides in this State on the date of application for or renewal of a fishing guide license.

    (b) “Resident” includes a member of the armed forces of the United States who is:

      (i) On active duty; and

      (ii) Stationed officially in this State.

  (5) “Striped bass” means the species Morone saxatilis, also known as rockfish, and all hybrids of striped bass.

  (6) “Fishing guide” means an individual who accepts direct or indirect consideration for providing instruction, direction, supervision, or transportation to an individual for the purpose of catching fish by angling.

#### Regulation .03 Freshwater Fishing Guide License — Type NT.

*COMAR 08.02.18.03*

A. A type NT freshwater fishing guide license, as authorized by Natural Resources Article, §4-210.1, Annotated Code of Maryland, authorizes the licensee to provide fishing guide services only in the nontidal waters of the State.

B. Striped Bass. An angler under the guidance of a licensee with a valid type NT license in nontidal waters of the State may:

  (1) Hook striped bass and immediately release the striped bass unharmed to the water from which the striped bass was taken; and

  (2) Harvest striped bass from the following areas:

    (a) Youghiogheny Reservoir;

    (b) Piney Run Reservoir;

    (c) Tridelphia Reservoir;

    (d) Loch Raven Reservoir;

    (e) Prettyboy Reservoir;

    (f) T. Howard Duckett (Rocky Gorge) Reservoir;

    (g) Liberty Reservoir; and

    (h) Conowingo Reservoir.

C. Fees. The fees for a type NT license are:

  (1) For a resident, $20; and

  (2) For a nonresident, $50.

D. General. Except in Deep Creek Lake, the maximum number of individuals present on a vessel which is operated by a licensee may not exceed four, including the licensee.

#### Regulation .04 Freshwater Fishing Guide License — Type NTT.

*COMAR 08.02.18.04*

A. A type NTT freshwater fishing guide license, as authorized by Natural Resources Article, §4-210.1, Annotated Code of Maryland, authorizes the licensee to provide fishing guide services in nontidal waters and designated tidal waters of the State.

B. Fishing Area. A type NTT license authorizes the licensee to provide fishing guide services in:

  (1) All nontidal waters of the State; and

  (2) The following designated areas located in tidal waters of the State:

    (a) Chesapeake Bay upstream of a line from Sandy Point on Spesutie Island to Turkey Point;

    (b) Elk River upstream of a line from Turkey Point to the State launching ramp at Pearce Creek;

    (c) Pond Creek upstream of a line connecting the two unnamed points at the entrance to the creek;

    (d) Sassafras River upstream of a line from Grove Point to Howell Point;

    (e) Still Pond Creek upstream of a line from Meeks Point to Rocky Point;

    (f) Worton Creek upstream of a line from Copeland Point to Handys Point;

    (g) Fairlee Creek upstream of a line across the entrance of the creek;

    (h) Chester River upstream of a line from Spaniard Point to Nichols Point;

    (i) Corsica River, a tributary of the Chester River, upstream of a line from Spaniard Point to Holton Point;

    (j) Langford Creek, a tributary of the Chester River, upstream of a line from Nichols Point to Grays Inn Point;

    (k) Grays Inn Creek, a tributary of the Chester River, upstream from Grays Inn Point to Little Gum Point;

    (l) Choptank River upstream of the Dover Bridge on Route 331;

    (m) Blackwater River upstream of a line from the lower point of Snake Island to the southernmost point on the opposite shore;

    (n) Transquaking River upstream of a line from Alabaster Point running magnetic north to the opposite shore;

    (o) Nanticoke River upstream of a line from Long Point to Runaway Point;

    (p) Wicomico River upstream of the Whitehaven ferry crossing;

    (q) Pocomoke River upstream of the landing at Rehobeth;

    (r) Maryland tributaries of the Potomac River above the Route 301 bridge;

    (s) Wicomico River, a tributary of the Potomac River, upstream of a line from Mills Point in a westerly direction to the northernmost point at the entrance to Dolly Boarmans Creek;

    (t) Patuxent River upstream of the overhead power lines north of Gods Grace Point;

    (u) Swanson Creek, a tributary of the Patuxent River, upstream of a line from Teague Point to Chalk Point;

    (v) Patapsco River upstream of the Hanover Street crossing parallel to the Potee Street crossing;

    (w) Back River upstream of a line from Cuckhold Point to Rocky Point;

    (x) Middle River upstream of a line from Booby Point to Bowley Bar Point;

    (y) Seneca Creek upstream of a line from Bowley Bar Point to Lowen Point;

    (z) Gunpowder River upstream of a line from Weir Point to Rickett Point; and

    (aa) Bush River upstream of a line from Abbey Point to Sandy Point.

C. Striped Bass.

  (1) Notwithstanding COMAR 08.02.15.08—.11, an angler under the guidance of a licensee with a valid type NTT license in tidal waters of the State may not possess the species of fish known as striped bass.

  (2) Notwithstanding COMAR 08.02.15, an angler under the guidance of a licensee with a valid type NTT license in tidal waters of the State may not catch or attempt to catch striped bass from waters of the State north of a line drawn from Abbey Point to Worton Point, from March 1 through May 31, inclusive.

  (3) An angler under the guidance of a licensee with a valid type NTT license in nontidal waters of the State may:

    (a) Hook striped bass and immediately release the striped bass unharmed to the water from which the striped bass was taken; and

    (b) Harvest striped bass from the areas set forth in Regulation .03 of this chapter.

D. Fees. The fees for a type NTT license are:

  (1) For a resident, $50; and

  (2) For a nonresident, $100.

E. License Allocations.

  (1) The number of type NTT licenses issued annually is limited to:

    (a) 120 for residents; and

    (b) 30 for nonresidents.

  (2) The Department shall maintain separate waiting lists of qualified resident and nonresident individuals in chronological order who have applied for a type NTT license.

  (3) A type NTT license that is revoked or voluntarily relinquished to the Department may be reallocated to an individual who meets all qualifications for a type NTT license.

  (4) The Department shall issue a type NTT license to the first individual on the appropriate waiting list described in §D(2) of this regulation when a license is available.

F. General. Except in Deep Creek Lake, the maximum number of individuals present on a vessel which is operated by a licensee may not exceed four, including the licensee.

#### Regulation .05 Limited Fishing Guide License — Type L.

*COMAR 08.02.18.05*

A. A type L limited fishing guide license, as authorized by Natural Resources Article, §4-210, Annotated Code of Maryland, authorizes the licensee to provide fishing guide services in all waters of the State.

B. Striped Bass.

  (1) Notwithstanding COMAR 08.02.15, an angler under the guidance of a licensee with a valid type L license in tidal waters of the State may not catch or possess striped bass in the following areas:

    (a) Chesapeake Bay upstream of a line from Sandy Point on Spesutie Island to Turkey Point;

    (b) Elk River upstream of a line from Turkey Point to the State launching ramp at Pearce Creek;

    (c) Pond Creek upstream of a line connecting the two unnamed points at the entrance to the creek;

    (d) Sassafras River upstream of a line from Grove Point to Howell Point;

    (e) Still Pond Creek upstream of a line from Meeks Point to Rocky Point;

    (f) Worton Creek upstream of a line from Copeland's Point to Handys Point;

    (g) Fairlee Creek upstream of a line across the entrance of the creek;

    (h) Chester River upstream of a line from Spaniard Point to Nichols Point;

    (i) Corsica River, a tributary of the Chester River, upstream of a line from Spaniard Point to Holton Point;

    (j) Langford Creek, a tributary of the Chester River, upstream of a line from Nichols Point to Grays Inn Point;

    (k) Grays Inn Creek, a tributary of the Chester River, upstream from Grays Inn Point to Little Gum Point;

    (l) Choptank River upstream of the Dover Bridge on Route 331;

    (m) Blackwater River upstream of a line from the lower point of Snake Island to the southernmost point on the opposite shore;

    (n) Transquaking River upstream of a line from Alabaster Point running magnetic north to the opposite shore;

    (o) Nanticoke River upstream of a line from Long Point to Runaway Point;

    (p) Wicomico River upstream of the Whitehaven ferry crossing;

    (q) Pocomoke River upstream of the landing at Rehobeth;

    (r) Wicomico River, a tributary of the Potomac River, upstream of a line from Mills Point in a westerly direction to the northernmost point at the entrance to Dolly Boarmans Creek;

    (s) Patuxent River upstream of the overhead power lines north of Gods Grace Point;

    (t) Swanson Creek, a tributary of the Patuxent River, upstream of a line from Teague Point to Chalk Point;

    (u) Patapsco River upstream of the Hanover Street crossing parallel to the Potee Street crossing;

    (v) Back River upstream of a line from Cuckhold Point to Rocky Point;

    (w) Middle River upstream of a line from Booby Point to Bowley Bar Point;

    (x) Seneca Creek upstream of a line from Bowley Bar Point to Lowen Point;

    (y) Gunpowder River upstream of a line from Weir Point to Rickett Point;

    (z) Bush River upstream of a line from Abbey Point to Sandy Point; and

    (aa) Maryland tributaries of the Potomac River above the Route 301 bridge.

  (2) Notwithstanding COMAR 08.02.15, an angler under the guidance of a licensee with a valid type L license in tidal waters of the State may not catch or attempt to catch striped bass from waters of the State north of a line drawn from Abbey Point to Worton Point, from March 1 through May 31, inclusive.

  (3) An angler under the guidance of a licensee with a valid type L license in nontidal waters of the State may:

    (a) Hook striped bass and immediately release the striped bass unharmed to the water from which the striped bass was taken; and

    (b) Harvest striped bass from the areas set forth in Regulation .03 of this chapter.

C. Fees. The fees for a type L license are:

  (1) For a resident, $50; and

  (2) For a nonresident, $100.

D. General. A type L licensee may guide:

  (1) Anglers in no more than three boats or vessels that:

    (a) Have one or two occupants per boat; and

    (b) Are propelled by human power;

  (2) Ten anglers on foot; or

  (3) Any number of anglers who are participating in an educational or recreational program sponsored by a State, local, or municipal government and who are fishing from shore or on foot in the water.

#### Regulation .06 General Provisions.

*COMAR 08.02.18.06*

A. Licensee Requirements. In addition to a type NT, NTT, or L license, a licensee shall possess, as applicable, the following when engaged in fishing guide activities:

  (1) A valid angler's license in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland;

  (2) A valid Chesapeake Bay and coastal sport fishing license or registration in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland;

  (3) Any necessary stamps issued by the Department; and

  (4) A valid license issued by the U. S. Coast Guard.

B. Safety Requirements. An applicant for a type NT, NTT, or L license shall provide a valid copy of the following documentation:

  (1) A cardiopulmonary resuscitation (CPR) certificate; and

  (2) An American Red Cross First Aid Certification or equivalent.

C. Angler Requirements. An individual guided by a licensee shall possess, as applicable:

  (1) A valid angler's license in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland,

  (2) A valid Chesapeake Bay and coastal sport fishing license or registration in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland; and

  (3) Any necessary stamps issued by the Department.

D. Dividing Lines. The dividing lines for tidal and nontidal waters are designated in COMAR 08.02.01.09.

E. A licensee may not possess fish for personal use while providing fishing guide services.

F. Term. A type NT, NTT, or L license is valid from the date of issuance through December 31 of each year following the date of issuance.

G. Renewal. A licensee may renew a type NT, NTT, or L license for an additional 1 year term if the licensee:

  (1) Is otherwise entitled to hold the license;

  (2) Provides a valid copy of the documents set forth in §B of this regulation; and

  (3) Submits to the Department, by December 31:

    (a) A renewal application on the form that the Department requires; and

    (b) The applicable annual fee.

H. Reporting.

  (1) A licensee shall submit reports as required on forms provided by the Department.

  (2) Any person who is licensed to guide fishing parties on tidal waters shall accurately record their catch on a commercial charter boat captain's daily log and submit the log in accordance with COMAR 08.02.13.06.