Section 4-217 - Fishing licenses - Disability exemption [Subject to amendment effective January 1, 2011].

§ 4-217. Fishing licenses - Disability exemption [Subject to amendment effective January 1, 2011; amended version follows this section].
 

(a)  In general.-  

(1) The Department may issue a 1-day license exemption to a nonprofit organization to take individuals with physical or mental disabilities fishing from shore in the tidal or nontidal waters of the State. 

(2) The primary caregiver or representative of the organization attending to the disabled individuals is included in the license exemption. 

(b)  Contents of application for exemption.- Application for a license exemption for an organization attending to disabled individuals shall state the location, time, and day of the event and the number of individuals covered by the exemption. 

(c)  Caregiver or representative or organization to retain letter of exemption.- The primary caregiver or representative of the organization shall have in possession the letter of exemption from the Director of the Fisheries Service while the organization is engaged in fishing activity. 

(d)  Permitted activities.- An individual covered under the organization's license exemption may: 

(1) Engage in angling on the nontidal waters of the State without holding an angler's license under § 4-604 of this title; 

(2) Engage in angling for trout on the nontidal waters of the State without holding a trout stamp under § 4-614 of this title; and 

(3) Fish for finfish in the Chesapeake Bay and its tributaries without holding a Chesapeake Bay sport fishing license under § 4-745 of this title. 

(e)  Exemptions.- An angler's license is not required of the following: 

(1) A convalescent patient of a veterans' hospital hospitalized for a service-connected disability who fishes in waters of the State if the patient secures a permit issued by a special service officer of the American Red Cross under authority granted by the Department; 

(2) A patient who is under treatment by a State-approved mental health facility and an individual who attends or resides in a State-approved retardation facility; or 

(3) A caregiver, family member, or designee of a mental health care facility or private group home of a patient who is under treatment by a State-approved mental health facility, if: 

(i) The Administrator of the mental health care facility, or treating physician or psychologist provides the Department with a letter stating that the caregiver or family member is the primary caretaker of the patient; or 

(ii) The individual accompanying the patient carries a copy of the letter described under item (i) of this paragraph, or a professional license or certificate of a health care professional involved in the care of the patient. 
 

[2005, ch. 288.]