Section 4-701 - Tidal fish license.
§ 4-701. Tidal fish license.
(a) Application of section.- This section applies to any person who is required under Subtitle 2, 7, 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) Established.-
(1) The Department shall utilize a single, commercial license, to be known and designated as a tidal fish license.
(2) A tidal fish license authorizes a licensee:
(i) To engage in each activity indicated on the license; and
(ii) For catching crabs, to utilize the number of crew members indicated on the license.
(3) Except for a person receiving a license under subsection (i)(2)(ii) of this section, the Department may not issue a tidal fish license to an individual who is younger than 14 years of age.
(4) 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.
(c) Term.-
(1) The license year for every tidal fish license shall be 12 months from September 1 through August 31 of the following year.
(2) A licensee and crew members may engage only in those activities for which the annual fees for that license year have been paid.
(d) Annual license fees.-
(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.
(2) (i) 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.
(ii) The following annual fees for an authorization shall apply regardless of when the license is issued or an activity is authorized:
1. To provide services as:
A. A fishing guide in the tidal waters of Maryland - $50 for a resident and $100 for a nonresident; and
B. A master fishing guide, in addition to the fee under item A of this item - $50 per vessel
2. To catch for sale fish with equipment which is legal under this title:
A. Finfish:
I. Hook and line only, anywhere: $37.50
II. All other equipment: $100
B. Crabs:
I. Up to 50 pots, trotlines, nets, dip nets, traps, pounds, and scrapes: $50
II. Over 50 pots, plus any other gear listed in item I of this sub-sub-subparagraph: $150
C. Clams - $100
D. Oysters - $250 for a dredge boat and $50 for other than a dredge boat
E. Conch, turtles, and lobster - $50
F. For all activities in item 1A of this subparagraph and in items A through E of this item, unlimited tidal fish - $300
3. For one or two crew members employed under § 4-814 of this title to enable a licensee to catch crabs under subparagraph (ii)2BII and F of this paragraph with more than 300 pots, the licensee shall pay $20 for each crew member.
4. Except for a licensee dealing in his own catch, for a person to buy, process, pack, resell, market or otherwise deal in fish caught in the tidal waters of Maryland, seafood dealer - $150
5. For a person who is not licensed under this section to land fish caught in out-of-state tidal waters, seafood landing - $150
(e) Surcharge.-
(1) To catch striped bass for sale:
(i) A licensee authorized under subsection (d)(2)(ii)2A of this section shall pay an annual surcharge of $200; or
(ii) A licensee authorized under subsection (d)(2)(ii)2F of this section shall pay with the license fee an annual surcharge of $100.
(2)
(2) (i) A person may not catch oysters for sale without:
1. Possessing a valid license under this section;
2. Paying an annual surcharge of $300; and
3. Certifying to the Department that the person received the publications required under § 4-1006.2 of this title.
(ii) The Department shall use the surcharges collected under this paragraph only for oyster repletion activities.
(3) 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 of $10 to be credited to the Seafood Marketing Office of the Department of Agriculture to fund seafood marketing programs which have been approved by the Department.
(4) (i) 1. In this paragraph, "fishing activities" means those activities that are directly related to catching fish.
2. "Fishing activities" does not include the activities of buying, selling, processing, transporting, exporting, or similarly dealing in fish.
(ii) The Department shall assess annually on every nonresident license applicant for the applicant's fishing activities under Subtitles 7, 8, and 9 of this title, in addition to the normal license fees imposed by this subsection, a surcharge which cumulatively for the license year, shall be the greater of:
1. 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
2. $350.
(f) Applications.- An applicant for a new license to provide services as a commercial fishing guide in tidal waters of the State shall supply as part of the initial 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.
(g) Number of authorizations; regulations.-
(1) Notwithstanding any other provision of this section, the Department may issue an apprenticeship permit for any activity under subsection (d)(2)(ii)1 or 2 of this section to a person who currently resides and has resided for at least 5 years on an island in the State that is at least 3 miles from the mainland.
(2) The Department shall 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:
(i) Recommendations of the Tidal Fisheries Advisory Commission;
(ii) 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;
(iii) The number of people historically participating;
(iv) Target species, size, number, weight, incidental catch, total biomass, annual harvest, mortality rates, and other factors which are necessary and appropriate; and
(v) The number of authorizations relinquished to the Department under subsection (k) of this section.
(3) (i) The Department shall by regulation limit the total number of authorizations to fish for striped bass to 1,231 participants in the commercial fishery and 499 participants in the charter boat fishery.
(ii) The Department shall provide in its regulations for reallocation of any authorizations that may be revoked or voluntarily relinquished to the Department.
(iii) The Department shall provide in its regulations for the allocation of any available quota on a monthly basis to assure that all areas of the State have ample opportunity to attain an equitable portion of the available quota.
(h) Issuance.- The Department shall issue a license authorizing participation in a particular fishing activity to a person who has completed the requirements of an apprenticeship under § 4-701.1 of this subtitle.
(i) Transfer.-
(1) A license or authorization may be transferred only under the provisions of this subsection.
(2) 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, father-in-law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, or brother-in-law, and only:
(i) If the licensee makes application to the Department requesting transfer and the transferee has paid the fee for the license or authorization; or
(ii) Upon death of the licensee, if the licensee or an authorized representative of the licensee indicates or had indicated that person's name to the Department.
(3) (i) The Department may approve a temporary transfer for not less than 30 days and not more than 90 days.
(ii) A person may not transfer a license in exchange for any type of remuneration.
(iii) 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 may not use a tidal fish license issued to the individual or receive a transfer of a tidal fish license during the period of suspension.
(4) (i) The Department shall establish by regulation a procedure for a licensee, except a fishing guide licensee or a master fishing guide licensee, to voluntarily register the licensee's commercial fishing vessel number on the face of the license.
(ii) If a licensee has voluntarily registered the vessel number on the license under subparagraph (i) of this paragraph, the licensee may allow another person to use the vessel for the commercial activities authorized on the license.
(iii) If a licensee allows another person to utilize a vessel under subparagraph (ii) of this paragraph, for purposes of the license suspension criteria in subsection (k) of this section, the licensee shall be held responsible for any violations committed by the person using the vessel.
(5) (i) This paragraph applies only to:
1. A licensee who has held a valid tidal fish license in each of the three immediately preceding seasons; or
2. An authorized representative of a deceased licensee regardless of the number of seasons the deceased licensee held a valid tidal fish license.
(ii) The Department shall review and may approve a permanent transfer of a license or authorization under this paragraph to a person who has:
1. A. Purchased a vessel used for commercial fishing from the license holder; or
B. Purchased equipment and assets with a minimum value of $2,000 and the commercial fishing business from the license holder;
2. Been a crew member for at least 2 years in any commercial fishery as certified by three tidal fish licensees;
3. Paid the fee for the license or authorization; and
4. Provided a notarized bill of sale.
(j) Renewal.-
(1) Notwithstanding the qualification criteria for a license and authorization to engage in an activity under this section, licensees may renew any valid existing authorizations on their licenses annually.
(2) (i) 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.
(ii) The Department may not accept application for renewal after that date, as stated in subparagraph (i) of this paragraph unless:
1. 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;
2. The applicant shows good cause why application was not made by August 31 of the previous license year; and
3. A late fee of $50 is paid by the applicant in addition to the license fee.
(k) License conversions.-
(1) At the time of license renewal, a licensee who possesses three or more authorizations under subsection (d)(2)(ii)1 and 2A through E of this section, one of which is a crabbing authorization, may relinquish each authorization and receive an authorization under subsection (d)(2)(ii)2F of this section.
(2) 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.
(l) Suspension or revocation.-
(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.
(2) 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.
(3) The following are grounds for suspension or revocation of a tidal fish license:
(i) Making any false statement in an application for a tidal fish license;
(ii) A serious violation of a State or federal commercial fisheries law that results in a conviction or an accepted plea of nolo contendere;
(iii) Failure to submit reports required by the provisions of this title or by the Department pursuant to provisions of this title; or
(iv) 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.
(4) 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.
(5) 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:
(i) A schedule of points assigned to various offenses under this title;
(ii) A schedule of the maximum number of days that a license may be suspended according to the number of points accumulated;
(iii) 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;
(iv) Enhanced penalties for repeated violations of this title; and
(v) 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.
(6) Before the suspension or revocation of a tidal fish license under this section, the Department shall hold a hearing upon not less than 10 days' notice to the licensee, except that upon the failure of a nonresident of the State to appear in a court of this State as required by any charging document accusing the person of committing any offense under this title, in addition to any other appropriate action taken by the court or the Department, the Department may suspend immediately and without hearing any license issued to the person under this title.
(m) Possession required; inspection.- A licensee or any person to whom a licensee has transferred a license under subsection (i) of this section shall have in possession the tidal fish license and any valid application to transfer the commercial tidal fish license approved by the Department for a temporary transfer whenever engaged in any licensed activity. The licensee or any person to whom a licensee has transferred a license under subsection (i) of this section shall allow any police officer to inspect the license and any applicable application to transfer the commercial tidal fish license approved by the Department for a temporary transfer, to conduct searches as authorized in Subtitle 12 of this title, and to inspect books, statements, and accounts as authorized in § 4-206(b) of this title.
(n) Identification number.- 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.
(o) Deposit of fees; use of funds.- The Department shall:
(1) Deposit to the credit of the Fisheries Research and Development Fund all fees received for tidal fish licenses and apprenticeship permits; and
(2) Use the funds received from the sale of licenses to catch striped bass for enforcement purposes during the open season for catching striped bass.
(p) Master fishing guide license.-
(1) This subsection applies only to a person who, on April 1, 1997:
(i) Held a valid fishing guide license; and
(ii) Either:
1. Owned two or more vessels used to carry passengers for fishing;
2. Owned or operated a federally licensed vessel of 50 tons or more that was used to carry passengers for fishing; or
3. Owned or operated a marina from which 10 or more vessels operate to carry passengers for fishing.
(2) A person who meets the requirements of paragraph (1) of this subsection may obtain an annual master fishing guide license by:
(i) Filing an application on a form provided by the Department;
(ii) Supplying with the application proofs of ownership of the required vessels; and
(iii) Paying the master fishing guide license fee set forth in subsection (d)(2)(ii)1 of this section.
(3) A person holding a master fishing guide license may:
(i) Employ other persons to guide fishing parties on vessels owned by the master fishing guide; and
(ii) 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:
1. One person for 10 vessels;
2. Two persons for 11 to 20 vessels;
3. Three persons for 21 to 30 vessels;
4. Four persons for 31 to 40 vessels;
5. Five persons for 41 to 50 vessels; and
6. Six persons for 51 or more vessels.
(4) (i) 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.
(ii) The master fishing guide shall ensure that when a vessel is operated, the appropriate copy of the license is on board.
(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 (l) of this section, the master fishing guide shall be held responsible for any violations committed by the person employed to operate the vessel.
(q) Commercial crabbing license day off requirement.- Abrogated.
[1983, ch. 579; 1984, chs. 312, 598, 670; 1985, chs. 486, 667, 762, 777; 1986, chs. 304, 460; 1987, ch. 440; 1988, ch. 6, § 1; ch. 164, § 2; 1990, ch. 6, § 2; chs. 27, 166, 433, 462; 1991, chs. 199, 347, 438; 1992, chs. 23, 486; 1993, ch. 5, § 1; 1994, ch. 184; 1995, ch. 3, § 1; 1996, ch. 10, § 1; ch. 31; 1998, ch. 418, § 2; ch. 419, § 2; ch. 769; 1999, ch. 34, § 1; ch. 286, §§ 1, 2; 2000, ch. 61, § 7; ch. 597; 2001, chs. 20, 294; 2003, ch. 21, § 1; 2004, ch. 25, § 6; ch. 83; 2005, ch. 25, § 1; ch. 231; 2007, ch. 113, § 1; 2009, ch. 453; 2010, ch. 392.]