§ 4-701. Tidal fish
West's Annotated Code of MarylandNatural ResourcesEffective: April 24, 2023
Effective: April 24, 2023
MD Code, Natural Resources, § 4-701
§ 4-701. Tidal fish
(a) 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.
(b)(1) 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.
(c)(1) The license year for every tidal fish license shall be 12 months from September 1 through August 31 of the following year.
(d)(1) 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.
(e)(1) 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.
(f) 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:
(g)(1)(i) A person may not catch oysters for sale without:
(2) 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:
(h) 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:
(i)(1) 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.
(2) 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.
(j)(1) 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:
(k)(1) A license or authorization may be transferred only under the provisions of this subsection.
(3) 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.
(ii) 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.
(l)(1) 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.
(m)(1)(i) 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.
(ii) 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.
(n)(1) 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.
(o)(1) If a person is engaged in an activity for which a license or authorization is required under this section, the person shall possess:
(p) 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.
(q) The Department shall:
(r)(1) This subsection applies only to a person who, on April 1, 1997:
(5) 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.
Credits
Added by Acts 1983, c. 579. Amended by Acts 1984, c. 312; Acts 1984, c. 598; Acts 1984, c. 670; Acts 1985, c. 486; Acts 1985, c. 667; Acts 1985, c. 762; Acts 1985, c. 777; Acts 1986, c. 304; Acts 1986, c. 460; Acts 1987, c. 440; Acts 1988, c. 6, § 1; Acts 1988, c. 164, § 2; Acts 1990, c. 6, § 2; Acts 1990, c. 27; Acts 1990, c. 166; Acts 1990, c. 433; Acts 1990, c. 462; Acts 1991, c. 199; Acts 1991, c. 347; Acts 1991, c. 438; Acts 1992, c. 23; Acts 1992, c. 86; Acts 1993, c. 5, § 1; Acts 1994, c. 184, § 1, eff. May 2, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 1996, c. 31, § 1, eff. Oct. 1, 1996; Acts 1998, c. 418, § 2, eff. June 1, 1998; Acts 1998, c. 419, § 2, eff. Oct. 1, 1998; Acts 1998, c. 769, § 1, eff. Oct. 1, 1998; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 1999, c. 286, § 1, eff. July 1, 1999; Acts 2000, c. 597, § 1, eff. June 1, 2000; Acts 2001, c. 20, § 1, eff. Oct. 1, 2001; Acts 2001, c. 294, § 1, eff. June 1, 2001; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2004, c. 83, § 1, eff. Oct. 1, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2005, c. 231, § 1, eff. June 1, 2005; Acts 2007, c. 113, § 1, eff. June 1, 2007; Acts 2007, c. 114, § 1, eff. June 1, 2007; Acts 2009, c. 453, § 1, eff. Oct. 1, 2009; Acts 2010, c. 392, § 1, eff. July 1, 2010; Acts 2011, c. 411, § 3, eff. July 1, 2011; Acts 2011, c. 468, § 1, eff. July 1, 2011; Acts 2011, c. 469, § 1, eff. July 1, 2011; Acts 2012, c. 435, § 2, eff. July 1, 2012; Acts 2013, c. 519, § 1, eff. July 1, 2013; Acts 2015, c. 22, § 1, eff. April 14, 2015; Acts 2016, c. 9, § 1, eff. March 14, 2016; Acts 2016, c. 117, § 1, eff. June 1, 2016; Acts 2016, c. 708, § 1, eff. Oct. 1, 2016; Acts 2016, c. 709, § 1, eff. Oct. 1, 2016; Acts 2017, c. 62, § 1, eff. April 11, 2017; Acts 2017, c. 101, § 2, eff. July 1, 2017; Acts 2018, c. 12, § 1, eff. April 5, 2018; Acts 2018, c. 61, § 1, eff. Oct. 1, 2018; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2019, c. 80, § 2, eff. June 1, 2019; Acts 2019, c. 81, § 1, eff. Oct. 1, 2019; Acts 2023, c. 104, § 1, eff. April 24, 2023; Acts 2023, c. 105, § 1, eff. April 24, 2023.
MD Code, Natural Resources, § 4-701, MD NAT RES § 4-701
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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